EXPANDED COVERAGE UNDER THE CONNECTICUT PAID SICK LEAVE ACT
The Connecticut Legislature has amended the Paid Sick Leave laws and expanded coverage to virtually all private employers with 25 or more employees in Connecticut. Exemptions include employers participating in multiemployer health plans maintained pursuant to one or more collective bargaining agreements with a union, and self-employed individuals. The new law takes effect January 1, 2026 for employers with 11 or more employees in Connecticut; and on January 1, 2027 for employers with 1 or more employees.
The definition of “Covered Employees” now includes all employees, both full-time and part-time, removing the prior “service worker” limitation. Exemptions include seasonal employees (defined as employees that work fewer than 120 days in a calendar year), and union-member construction workers that participate in a multiemployer health plan not covered by the law.
Employers are required to provide notice to employees at the time of hire, advising that they are entitled to paid sick leave, the amount of paid sick leave, the terms under which paid sick leave may be used, and that retaliation for using paid sick leave is prohibited and that complaints may be filed with the Labor Commissioner.
Employers are obligated to record the number of hours of paid sick leave accrued and the number of hours of paid sick leave used by each employee in a calendar year; and shall keep such records for a period of 3 years.
SICK LEAVE ACCRUAL AND LEAVE
Under the new law, employees accrue one hour of paid sick leave for every 30 hours worked, up to 40 hours of paid sick leave per year. Accrual is based on the hours actually worked and does not include paid or unpaid time off. Employees who are exempt from overtime requirements are presumed to work 40 hours per week for accrual purposes (or less if that employee’s normal work week is less than 40 hours). Employees are entitled to start using accrued paid sick leave 120 calendar days after their date of hire. Employers are required to allow employees to use accrued paid sick leave in one- hour increments.
Employers must pay employees their normal hourly wage for paid sick leave. For employees whose hourly wage varies depending on their type of work, the employer must pay the employee their average hourly wage in the pay period preceding the paid sick leave.
An employer shall be deemed in compliance with the statute if the employer offers any other paid leave (such as paid vacation, personal days, paid time off, or a combination thereof), provided that employees accrue at least the number of hours provided in the statute and can use these accrued hours under the same conditions.
PERMISSIBLE REASONS FOR LEAVE
The amended law enables employees to take time off for reasons involving “family members” that are now broadly defined in the Act, and include: a spouse, sibling, child, grandparent, grandchild, or parent of any employee or an individual related to the employee by blood, or by an affinity whose close association to the employee can be shown to be equivalent to those family relationships.
The Permitted Reasons for Leave have been expanded to include:
- The employee or their family member is ill, injured or suffering from a health condition.
- The employee or their family member is obtaining a medical diagnosis or treatment of a mental or physical illness or injury.
- The employee or their family member is seeking preventative medical care for either mental or physical health.
- A mental health wellness day, defined as a workday or shift that an employee takes off to attend to their own emotional and psychological well-being;
- For closure, by order of a public official due to a public health emergency, of the employer’s place of business or a family member’s school or place of care.
- A health authority, an employer (of the employee or the employee’s family member), or a health care provider determines that the employee or the employee’s family member poses a risk to the health of others because of exposure to a communicable disease;
- The employee or their family member is a victim of family violence of sexual assault and time of is needed for (i) medical care; (ii) counseling (psychological or other); (iii) to obtain services from a victim’s services organization; (iv) relocating; or (v) participating in civil or criminal proceedings.
Employers cannot require employees to provide any documentation that their leave is being taken for a permitted purpose or require employees to provide advance notice of their need to use sick leave.
If you have any questions regarding the Paid Sick Leave Act, call Attorneys Carolyn Young or Beth Mercier at Michelson, Kane, P.C.: 860-522-1243.
Michelson, Kane, P.C.
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