Connecticut Paid Sick Leave Law Amendments Take Effect

Author: David B. Weisenfeld, XpertHR Legal Editor

January 13, 2015

Connecticut's amended paid sick leave law now expressly prohibits an employer from terminating, dismissing or transferring any employee to fall below the state's 50-employee threshold for coverage. Because the amendments altered the law's applicability provisions, a Connecticut employer should re-evaluate whether it is now covered under the law.

As a result of changes that went into effect January 1, 2015, a Connecticut employer meets the annual employee threshold based on the number of employees it has on its payroll as of October 1. This change simplifies the eligibility determination under prior law and makes it consistent with the Connecticut Family and Medical Leave Act's October 1 requirement. The amended law also defines year as any 365-day period used by an employer to calculate employee benefits.

In addition, health care employers should be aware that another provision adds a new category of workers (radiologic technologists) to the list of service workers covered by the paid sick leave law. The law defines service worker as an hourly, nonexempt employee engaged in an occupation with specific occupation code numbers and titles as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system. Examples of covered service workers include cooks, office clerks and retail salespeople.

In 2012, Connecticut became the first state in the nation to offer paid sick leave. Since then, California and Massachusetts also have passed paid sick leave laws. In fact, California's new law includes notice provisions that also became effective on January 1 while sick leave will begin accruing July 1, 2015.

More than a dozen cities have enacted paid sick leave laws, including New York City, Seattle, San Francisco and Washington, DC. Some of these laws also include poster requirements and other employer notice requirements.