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On May 21, 2024, Connecticut Governor Ned Lamont signed into law HB 5005, which significantly expands the state’s existing paid sick leave law. While Connecticut was the first state to require private employers to provide paid sick leave, its current statute is limited in coverage as it only applies to 50 or more employees in the state and only requires such employers to provide paid sick leave to employees who meet the definition of service worker (as defined by law).
The new law will eliminate the service worker criteria, so that all Connecticut employees are eligible for paid sick leave (with limited exceptions for seasonal employees and certain unionized employees). The new law will also reduce the minimum employee threshold for meeting the definition of a covered employer in three phases, as follows:
Effective January 1, 2025: the requirements will apply to employers that employ 25 or more employees in the state.
- Effective January 1, 2026: employers that employ 11 or more employees in the state will be covered.
- Effective January 1, 2027: employers that employ at least 1 employee in the state will be covered.
The new law will prohibit employers from requiring an employee to provide any documentation to support their need for leave. In addition, while the current law allows employers to require advance notice of the need for sick leave, the new law is silent on this point.
What does this mean for you?
Eligible employees will be entitled to accrue 1 hour of paid sick leave for every 30 hours worked (an increase from the current rate of accrual applicable to service workers, 1 hour of paid sick leave for every 40 hours worked), up to a maximum of 40 hours in a year. Employees will be permitted to carry over up to 40 hours of available but unused paid sick leave to the following year; however, employers may limit usage in a given year.
Under the current law, service workers are required to work at least 680 hours before using available paid sick leave. Under the new law, employees can begin using paid sick leave on or after the 120th day of employment.
The new law will also expand permitted uses for paid sick leave. Currently, eligible service workers may use available sick leave for their own or their spouse or child’s sick and safe time reasons. Under the new law, employees will be permitted to use available paid sick leave to care for a family member, defined broadly to include an employee’s spouse, sibling, child, grandparent, grandchild, or parent of an employee or an individual related to the employee by blood or affinity whose close association the employee shows to be equivalent to those family relationships.
Employees will be permitted to use paid sick leave for any of the following purposes:
- For the employee’s illness, injury, or health condition; the medical diagnosis, care, or treatment of the employee’s mental or physical illness, injury, or health condition; preventative medical care for the employee’s mental or physical health; or a mental health wellness day.
- For illness, injury, or health condition of the employee’s family member; the medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition of their family member; or preventative medical care for their family member’s mental or physical health.
- For 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.
- For a determination by a health authority having jurisdiction, the employer of the employee or their family member, or a healthcare provider, that such employee or family member poses a risk to health of others due to such employee’s or family member’s exposure to a communicable illness, whether or not the employee or family member contracted the communicable illness.
- Where an employee or their family member is a victim of family violence or sexual assault, provided the employee is not the perpetrator or alleged perpetrator of such family violence or sexual assault, for (a) medical care or psychological or other counseling for physical or psychological injury or disability; (b) obtaining services from a victim services organization; (c) relocating due to such family violence or sexual assault; or (d) participating in any civil or criminal proceedings related to or resulting from such family violence or sexual assault.
Employers will be required to display a poster for employees to view and also provide written notice of their rights by January 1, 2025, or at the time of hire, whichever is later. The Connecticut Department of Labor will be required to publish an updated poster and written notice for compliance.
In addition, employers will be required to include in employee’s paystubs (i) the number of hours of paid sick leave accrued by or provided to the employee, and (ii) the number of hours of paid sick leave used by the employee during the calendar year. Employers will be required to retain these records for three years.
How can we help?
For purposes of tracking and paying out this new paid leave, please use the SICK pay code. Madison Resources’ systems will accrue this earned leave as directed in the legislation for employees working in the state of Connecticut. Additionally, you may view available paid sick leave for your employees in our online reporting system, MOS.
For questions on the reporting, please reach out to your payroll specialist.
As always, we recommend speaking with your attorney, CPA, or industry professional for further guidance.
Have Questions?
For more information and requirements of Connecticut Paid Sick Leave and to watch for the updated documentation:
To read the overview of the current Paid Sick Leave Law:
https://portal.ct.gov/dol/-/media/dol/2022-new-designsystem/divisions/legal/psl-final-2023.pdf
Contact Information:
CT Department of Labor
200 Folly Brook Blvd.
Wethersfield, CT 06109
Phone: (860) 263-6000
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