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Legal Updates

Connecticut Enacts Paid Sick Leave Law: Effective January 1, 2012

Connecticut has become the first state to require employers to provide paid sick leave.  Public Act No. 11-52 generally requires employers with fifty (50) or more employees in Connecticut during any quarter of the prior year to provide up to forty (40) hours per calendar year of paid sick leave to “service workers” for specified absences.  Because this law will become effective on January 1, 2012, we encourage all Connecticut employers to review its requirements now to prepare for implementation.

Affected Employers

Employers covered by the new law include “any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company or other entity” that employs fifty (50) or more individuals in Connecticut in any one quarter of the prior year.

Notably, the law exempts (1) manufacturers classified in sectors 31, 32 and 33 of the North American Industrial Classification System, and (2) any nationally chartered 501(c)(3) non-profit organization that provides recreation, child care and education (i.e., all three services), an exemption understood to include only the YMCA, which lobbied against the bill.  Connecticut employers should consult with counsel to determine if they fall under one of the statute’s exemptions.

Affected Employees

Only “service workers” are entitled to paid leave under this new law.  Service workers include hourly and non-exempt employees, as classified by the federal Bureau of Labor Statistics in a long list of occupation code numbers and titles.  The list includes the following occupations, among others:

  • Retail salespersons;
  • Social workers and home health aides;
  • Nurses and pharmacists;
  • Physician assistants, medical assistants and dental assistants;
  • Librarians, hairdressers and cosmetologists;
  • Secretaries, administrative assistants, receptionists and office clerks;
  • Food service workers and hotel workers;
  • Janitors and security guards;
  • Child care workers; and
  • Data entry and information processing workers.

This is an illustrative but not exhaustive list of covered employees.  Please note, however, that the new law does not apply to “day and temporary” workers, defined as individuals who perform work for another on a per diem basis, or on an occasional or irregular basis, for only the time required to complete such work.  Accordingly, Connecticut employers should also consult with counsel to determine which of their employees are covered by the new law and which are excluded.

Qualified Paid Sick Leave

A covered employee may take paid sick leave for the employee’s own: (1) mental or physical illness, injury or health condition; (2) medical diagnosis, care or treatment of the mental or physical illness, injury or health condition; or (3) preventative medical care.

A covered employee may also take paid sick leave to care for the employee’s spouse or child.

If the covered employee is a victim of family violence or sexual assault, paid sick leave also may be taken:  (1) for medical care or counseling; (2) to obtain services from a victim services organization; (3) to relocate due to the family violence or sexual assault; and (4) to participate in legal proceedings related to the family violence or sexual assault.

The employer can require advance notice of up to seven (7) days if the leave is foreseeable.  When the leave is not foreseeable, employees must give notice as soon as practicable.  For leaves of three (3) or more consecutive days, employers may ask for “reasonable documentation,” such as a signed letter from a health care provider.

Accrual And Payment Of Sick Leave

Beginning January 1, 2012, covered employees will accrue one (1) hour of paid sick leave for every forty (40) hours worked, up to a maximum of forty (40) hours, or five (5) days, of paid sick leave per calendar year.  Up to forty (40) hours of accrued sick leave may be carried over from one calendar year to the next, but no more than forty (40) hours of accrued leave may be used in any calendar year.

Covered employees will begin to accrue paid sick leave on January 1, 2012, or their hire date, whichever is later.  To be covered, an employee must have worked for the employer (a) for at least six hundred eighty (680) hours, and (b) an average of ten (10) hours or more per week in the most recent complete calendar quarter.  Thus, even part-time service workers may be eligible.

Sick leave must be paid at the state minimum wage rate or the employee’s normal hourly wage rate, whichever is greater.  For employees whose wage rates vary, sick leave must be paid at the average hourly rate earned in the pay period immediately preceding the pay period in which leave is taken.  Unless an employer’s policy or collective bargaining agreement provides otherwise, the employer is not required to pay out accrued but unused sick leave upon termination of employment.

Additional Compliance Requirements

The employer must notify each covered employee at the time of hire of his/her entitlement to paid sick leave, the amount of paid sick leave provided, and the terms under which such leave may be used.  The employer also must notify covered employees of their rights to be free from retaliation for taking paid sick leave and to file a complaint with the state Labor Commissioner for violations of the law.  Employers may satisfy these notice requirements by displaying a poster in English and Spanish in a conspicuous, accessible place.

An employer will be deemed to be in compliance if it offers “any other paid leave” (i.e., paid vacation, personal days, paid time off or any combination of paid leave) that can be used for the purposes specified in the new law and that accrues at the same or a faster rate than required by the new law.  Accordingly, by instituting an appropriately tailored paid time off policy, Connecticut employers could potentially satisfy their compliance burdens under the new law while simplifying leave administration.  (Please note, however, that the new law’s notice requirements will apply even in this scenario.)

Recommendations For Employers

The enactment of Connecticut’s new paid sick leave law provides a compelling reason for all employers in Connecticut to review their leave of absence practices and policies, as well as other paid time off practices and policies.  Estimates are that some 200,000 to 400,000 workers in Connecticut will be affected by this new law.  As such, we recommend that all Connecticut employers:

  • Carefully determine whether they are covered and, if so, which of their employees are covered, under the new paid sick leave law;
  • Examine current leave of absence practices and programs to determine whether an already-existing paid time off policy is in compliance with the new law, and/or whether to revise existing leave policies to ensure compliance;
  • Ensure that managers, supervisors and human resources personnel are trained to understand and comply with the new paid sick leave requirements by the time the new law takes effect next year; and
  • Ensure that the required poster is displayed in the workplace.

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Please let us know if you have any questions about the new Connecticut paid sick leave law or how best to revise your current paid leave policies to ensure compliance with its requirements.