Connecticut Expands Its Paid Sick Leave Law

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Patricia Tsipras

December 2, 2024

Update:  Connecticut’s Department of Labor recently published Paid Sick Leave Frequently Asked Questions (FAQs), as well as a Q&A and Survey Questions document, to serve as guidance for employees and employers regarding the State’s Paid Sick Leave Law, which goes into effect on January 1, 2025.

Effective January 1, 2025, Connecticut has amended its Paid Sick Leave Law to expand the number of employers subject to the law and to expand the reasons for which employees will be permitted to use paid sick leave.  See 2024 CT HB 5005.

Employer Coverage
Currently, only employers with 50 or more Connecticut employees are required to provide paid sick leave, and then only to individuals classified as “service workers.”  The amended law will increase the number of employers subject to paid sick leave requirements over the next three years as follows:

• As of January 1, 2025, the law will apply to all employers of 25 or more individuals in the state.
• As of January 1, 2026, the law will apply to all employers of 11 or more individuals in the state.
• As of January 1, 2027, the law will apply to all employers of at least one person in the state.

Exclusions
Employers will be excluded from the paid sick leave requirements to the extent that they employ (i) individuals who are members “of a construction-related tradesperson employee organization that is a party to a multiemployer health plan;” and (ii) seasonal employees.  “Seasonal employees” are defined as employees who work 120 or fewer days in any year.

Unlike the current law, the amended law no longer contains an exclusion for certain manufacturers or nationally charted nonprofits.

Calculating Paid Sick Leave
Currently, eligible employees accrue one hour of paid sick leave for every 40 hours worked, with a maximum accrual of 40 hours per year and a maximum carryover to a new year of up to 40 hours.  Though the maximum accrual and carryover will remain the same, under the amended law, employees will accrue one hour of paid sick leave for every 30 hours worked.

Reasons for Which Paid Sick Leave Can Be Used
The amended law expands the reasons for which employees can use paid sick leave to include:

• closure, by order of a public official, due to a public health emergency, of either the employer’s place of business, or a family member’s school or place of care

• a determination by a health authority having jurisdiction, an employer of the employee, an employer of a family member, or a health care provider, that such employee or family member poses a risk to the health of others due to such employee’s or family member’s exposure to a communicable illness, regardless of whether the employee or family member contracted the communicable illness

See our article here about other changes to Connecticut’s Paid Sick Leave Law that were effective in October 2023 to allow the use of leave for (1) a “mental health wellness day” or for (2) parents or guardians to care for a child who is a victim of family violence or sexual assault.

 Recordkeeping Requirement
The amended law also comes with a new recordkeeping obligation.  For three years, employers must maintain records, and provide to each employee pay stubs, showing (1) the number of hours of paid sick time accrued or provided to each employee; and (2) the number of hours of paid sick time used by each employee during the calendar year.  Failure to maintain/provide such records could lead to a civil penalty of up to $100 per violation.

Notice Requirement
The Connecticut Department of Labor has created a model poster and notice in English and Spanish that informs employees of their rights under the Paid Sick Leave Law and that covered employers must display and distribute no later than January 1, 2025.

Connecticut Employer Takeaways
If you will be covered by the amended Paid Sick Leave Law, take this time to review and update your sick leave policy; establish procedures around the recordkeeping requirement; and establish procedures around the display and distribution of the Paid Sick Leave Law poster and notice.

The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Connecticut, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.