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Connecticut Paid Sick Leave Amendments
June 03, 2024
The amendments range from employer coverage to accrual rate requirements to acceptable uses of leave.
Alert
At a Glance
Effective January 1, 2025, changes to Connecticut's Paid Sick Leave (PSL) program include:
- Expanded employer and employee coverage
- Updated accrual requirements
- Expanded acceptable uses of leave
Introduction
On May 21, 2024, Governor Lamont signed HB 5005 into law, which greatly expands Connecticut's existing Paid Sick Leave (PSL) law. The amendments range from employer coverage to accrual rate requirements to acceptable uses of leave.
Expansion of Employer Coverage
Connecticut's PSL currently applies to employers who employ at least 50 employees within the state. Beginning January 1, 2025, the amendments will annually adjust the employer size requirements that mandate an employer provide their employees with PSL coverage to the following:
- January 1, 2025: Employers that employ 25 or more employees in Connecticut
- January 1, 2026: Employers that employ 11 or more employees in Connecticut
- January 1, 2027: Employers that employ at least one employee in Connecticut
Currently, the law applies to "service workers." Beginning January 1, 2025, the “service worker” requirement will be removed from the law entirely, and covered employers will be required to provide PSL to all employees, with limited exceptions for "seasonal employees" (i.e., employees who work 120 days or fewer in any plan year).
Certain unionized employees whose employers participate in a multiemployer health plan pursuant to a collective bargaining agreement (CBA) may also be exempt.
Expansion of Employee Coverage
The amendments state that employees become eligible to use PSL after 120 calendar days. This new mandate will replace the current requirement that a service worker must have worked at least 680 hours before being eligible to use PSL.
Expansion of Acceptable Uses
The amendments expand acceptable PSL use to now include all of the following:
- An employee’s or employee’s family member’s illness, injury, or health condition
- The medical diagnosis, care, or treatment of the employee or employee’s family member
- Preventive medical care for the employee’s or employee’s family member’s mental or physical health
- The employee’s own mental health wellness day
- Closure by order of a public official, due to a public health emergency, of either an employer’s place of business or a family member’s school or place of care
- A determination by a health authority, employer of the employee, employer of a family member, or a healthcare provider of whether an employee or employee’s family member poses a risk to the health of others due to exposure to a communicable illness, whether or not the employee or family member contracted the communicable illness
- Where an employee or employee’s family member is a victim of family violence or sexual assault, provided that the employee is not the alleged perpetrator, for the purposes of:
- Medical care or psychological or other counseling for physical or psychological injury or disability
- Obtaining services from a victim services organization
- Relocating due to such family violence or sexual assault
- Participating in any civil or criminal proceeding related to or resulting from such family violence or sexual assault
The amendments also expand the definition of ”family member” to include:
- Spouses
- Siblings
- Children
- Grandparents
- Grandchildren
- Parents
- Individuals who are “related to the employee by blood or affinity whose close association the employee shows to be equivalent of those family relationships.”
Also, effective January 1, 2025, employers will be prohibited from the following:
- Requiring employees who will use or are using PSL to search for or find another employee as a replacement for their shift
- Requiring an employee to provide documentation PSL is being taken for one of the acceptable purposes
Accrual Requirements
Under the new amendments, eligible employees will accrue 1 hour of PSL for every 30 hours worked, instead of 1 hour for every 40 hours worked.
Employers that already offer other paid leave, including vacation, personal days, or PTO, that meet or exceed the requirements will be deemed to comply with the new PSL requirements.
In lieu of any carryover of unused PSL from the current year to the following year, an employer may provide an employee with an amount (i.e., a bank) of PSL that meets or exceeds the requirements of this subsection and is available for the employee's immediate use at the beginning of the following year.
Notice Requirements
The amendments require, in addition to postings, individual notice to employees of their rights on January 1, 2025, or at their time of hire, whichever is later. The Connecticut Department of Labor has been directed to make acceptable posters and notices available on its website.
Next Steps
Employers should review their current policies and practices to ensure compliance before any applicable effective dates.
Thank you for choosing Paylocity as your Payroll Tax and HCM partner. This information is provided as a courtesy, may change and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney or Advisor.
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