Connecticut Expands Paid Sick Leave Mandate To Cover Nearly All Employers and Employees

On May 28, 2024, Governor Lamont signed Public Act 24-8, which will significantly expand Connecticut’s paid sick leave law.

The current law applies to employers with at least 50 employees (excluding manufacturers), and requires that they provide up to 40 hours of paid sick leave to employees who are considered “service workers.”

Public Act 24-8 will gradually expand the law’s coverage to nearly every employer, regardless of size and industry, and nearly employee, except for seasonal employees (defined as an employee who works 120 days or less in any year). The law will extend coverage to employers with at least 25 employees on January 1, 2025; then to employers with at least 11 employees on January 1, 2026; and finally, to all employers on January 1, 2027.

The new law also increases the rate at which covered employees accrue paid sick leave benefits, expands the reasons for which paid sick leave may be used, and expands the list of family members for whom a covered employee may take paid sick leave.

Reasons for Leave and Covered Family Members

Under the current law, paid sick leave may be used by covered employees for their own or their spouse’s or child’s illness, injury, health condition or medical care.

The new law permits the use of paid sick leave for “family members,” applying the same definition as Connecticut’s Family and Medical Leave Act. “Family members” include spouses, siblings, children, grandparents, grandchildren, and parents, as well as individuals who are “related to the employee by blood or affinity whose close association the employee shows to be equivalent of those family relationships.”

Employees will be permitted to take leave for the following reasons:

• An employee’s or employee’s family member’s: (1) illness, injury, or health condition; (2) medical diagnosis, care, or treatment of the employee or employee’s family member; and (3) preventive medical care for mental or physical health. ?
• One mental health wellness day per year. ?
• Closures of the employee’s workplace or family member’s school or place of care by order of a public official due to a public health emergency. ?
• In certain cases where an employee or employee’s family member has been exposed to a communicable illness. ?
• For certain reasons where an employee or employee’s family member is a victim of family violence or sexual assault.

Leave Accrual and Carryover

The rate at which covered employees accrue leave will increase from one hour for every 40 hours worked to one hour for every 30 hours worked. Employees who accrue paid sick leave must be permitted to carryover up to 40 hours of unpaid sick leave from one year to the next.

In lieu of accrual, employers are permitted to “frontload” paid sick leave to covered employees. In such cases, employers are not required to allow carryover of unused time.?

For newly covered employers and employees, leave will begin to accrue (or be frontloaded) on January 1 of the year they become covered (i.e., 2025 for employers with at least 25 employees, 2026 for employers with at least 11 employees, and 2027 for employers with at least one employee).

Leave Availability

Under the current law, a covered employee must work 680 hours before they are eligible to use paid sick leave and work an average of at least 10 hours per week in the most recently completed calendar quarter. The new law will allow employees to use paid sick leave beginning on the 120th calendar day of their employment. ?

Documentation

Under the current law, employers could request documentation confirming that paid sick leave is being taken for a permitted purpose when utilized in three consecutive days. The new law will prohibit employers from requiring an employee to provide any documentation confirming that paid sick leave is being taken for a permitted purpose.

Takeaways

There are a number of other provisions of the new law, including expanded employee protections and significant changes to employer and employee notice requirements.

It is critical for employers to review their policies and handbooks for compliance and ensure that they are updated as needed. Even employers that already offer 40 hours of paid time off to their employees or those whose policies comply with the current law must review and update their policies to ensure compliance with the many changes under the new law.

For further information, please contact:

Vincent Farisello

Partner

203.578.4284

[email protected]

Maria L. Laurato

Associate

203.784.3157

[email protected]

This information is for educational purposes only to provide general information and a general understanding of the law. It does not constitute legal advice and does not establish any attorney-client relationship.