A Significant Expansion of Paid Sick Days for Connecticut Employers and Employees
By: Sara Bigman
All Connecticut employers will soon be required to provide employees with up to 40 paid sick leave hours per year, now that Governor Lamont signed a bill recently passed by the Connecticut House and Senate. This is landmark legislation as its predecessor only covered employers with 50 or more workers in certain occupations, like service workers. The new law is much broader, covering virtually all private sector employers and employees.
When will paid sick leave in Connecticut begin?
The new legislation will be phased in for employers depending on the number of employees. Employers that employ 25 or more individuals in Connecticut will be required to provide paid sick leave starting January 1, 2025. Employers with 11 or more employees, but fewer than 25, will be required to provide paid sick leave starting January 1, 2026. Employers that employ one or more individuals, but fewer than 11, will have until January 1, 2027, to provide paid sick leave.
How is paid sick leave accrued and what can it be used for?
For newly covered employers and employees, the leave begins accruing on the January 1 that they become covered by the law. Employees hired after the employer becomes covered will begin accruing one hour of paid sick leave for each thirty (30) hours worked, up to the maximum of forty (40) hours per year on the first date of their employment. An employee is entitled to use this time after the 120th calendar day of employment. An employee is also entitled to carry over up to 40 unused, accrued hours of paid sick leave from the current year to the following year.
Among other things, an employee may use accrued, paid sick leave for (1) their own mental or physical illness, injury, or health condition, including the diagnosis, care, treatment or preventative medical care regarding an employee’s mental or physical health or (2) for the mental or physical illness, injury, or health condition, including the diagnosis, care, treatment or preventative medical care regarding a condition of a family member of the employee.
How much are employees paid when taking sick leave?
Each employer shall pay each employee at a pay rate equal to their normal hourly rate or the minimum fair wage rate in effect for the pay period during which the employee used paid sick leave, whichever is greater. For an employee whose hourly wage varies, the “normal hourly rate” means the average hourly wage of the employee in the pay period prior to the one in which the employee uses paid sick leave.
The legislation creates a floor, not a ceiling, as an employer may provide its employees with a greater amount of paid sick leave, or provide paid sick leave that accrues at a faster rate than required. An employer that already offers 40 hours of any paid time off, regardless of classification of vacation, personal days, sick days, or otherwise, shall be deemed in compliance with this new law.
Action steps for employers:
In anticipation of these changes, it is critical for employers to take a close look at their policies and handbooks and ensure that they are modified as appropriate to meet their obligations to their employees by the deadlines outlined above.
We recognize that employers and employees alike will have many questions if and when Connecticut paid sick leave is expanded. At Cohen and Wolf, our Connecticut employment attorneys are committed to keeping abreast of these developments, providing timely updates, and advice tailored to the specific needs of our clients, including the assistance in creating and drafting policies. Please don’t hesitate to contact us with any questions or concerns.
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