More Uses for Paid Sick Leave in Connecticut

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Michelle A. Liebesman

October 12, 2023

Starting October 1, 2023, “service workers” in Connecticut can use paid sick leave for a “mental health wellness day” or to care for a child who is a victim of family violence or sexual assault.

Mandatory paid sick leave is not new to Connecticut. Since 2012, certain businesses with 50 or more employees in Connecticut have had to provide covered employees with one hour of paid sick leave for every 40 hours worked (up to a maximum of 40 hours per year), and those employees have been able to carry over some of their unused accrued paid leave time, from one year to the next.  Historically, covered workers could use sick leave to treat their own mental or physical illness (including preventative medical care), to care for a child or spouse with a mental or physical illness, or where the worker is a victim of family violence or sexual assault and is seeking treatment, victim services, to relocate, or to participate in legal proceedings.  But, with the passage of Senate Bill No. 2 on June 26, 2023, Connecticut expanded – in two important ways — the circumstances under which covered employees can use paid sick leave.

The first noteworthy change is that covered employees can now use sick time for a “mental heath wellness day.” That means that, in addition to being able to use sick leave for more formal “medical care or psychological or other counseling for physical or psychological injury or disability,” covered employees can take a day to attend to their “emotional and psychological well-being” rather than attending a regularly scheduled shift.

Equally important, the second change allows parents or guardians to use sick time for a child who is a victim of family violence or sexual assault, provided that the service worker is not the perpetrator.  The time off may be used for medical care, counseling, obtaining services from a victim services organization, relocating, or participating in legal proceedings (criminal or civil) relating to the family violence or sexual assault.

Importantly, the law applies only to employers with 50 or more employees, excluding manufacturers (classified in sectors 31-33 of the NAICS) and certain non-profits that provide recreation, child care, and education services.  Moreover, the law applies only to certain employees referred to as “service workers.”  The definition of “service worker” is very expansive and includes many occupations that are specifically identified by code number and title under the Bureau of Labor Statistics Standard Occupational Classification system, including librarians, nurses, security and crossing guards, janitors, hairdresser, tellers, and bus and taxi drivers, to name just a few.  (Note that day or temporary workers are excluded from the “service worker” definition).  An updated poster of rights under the sick leave law is available here.

Employer Takeaways:

• Covered employers should update their handbooks and leave policies to include these expanded uses for sick leave.
• Employers should educate their workers on the new uses for paid sick leave.
• The new law does not increase the total amount of paid sick leave that is available, which means that a worker who takes a mental health wellness day has less paid sick leave available for other uses.
• Because the new law does not dictate how much advance notice a worker must provide before taking a mental health wellness day (except that it must be “as soon as practicable”), employers need to be prepared for the possibility that multiple employees may call out on the same day or on days when “all hands on deck” would have been ideal.
• Employers must remember that they cannot retaliate against a service worker (e.g., terminate, demote, refuse to promote, or take disciplinary action) for using paid sick leave under the law.
• Finally, the Connecticut law does not change an employer’s obligations under federal guidelines, such as the Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA).

The author of this article, Michelle A. Liebesman, 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.