In a blockbuster bill passed prior to its May 8th adjournment, the Connecticut General Assembly expanded coverage under Connecticut’s Sick Day Law to nearly every employer and employee in the state. The changes begin taking effect on January 1, 2025.
The legislation, Public Act 24-8, marks the most significant expansion of paid leave in the state since the 2019 passage of Connecticut Paid Leave. The legislation now moves to the executive branch. Governor Lamont has already publicly indicated he will sign the act into law.
Expansion of Connecticut’s Sick Day Law
Current law requires private sector employers with 50 or more employees to give “service workers” 1 hour of sick leave for every 40 hours worked, up to 40 hours per year. The law permits sick leave for the employee’s own condition or to care for a spouse or child. Employees can begin using sick leave after 680 hours of employment. Manufacturing and YMCAs are exempt from the law’s requirements.
The new law expands the Sick Day Law as follows:
Covered Employers
Over the next three years, the law will extend coverage to nearly all private sector employers regardless of their size, industry, or non-profit status. The law will cover:
· Employers with 25 or more Connecticut employees beginning January 1, 2025.
· Employers with 11 or more Connecticut employees beginning January 1, 2026.
· Employer with 1 or more Connecticut employees beginning January 1, 2027.
The employer’s size will be based on the employer’s payroll for the week containing January 1st annually.
Manufacturers and YMCAs will no longer be exempt from coverage beginning January 1, 2025. Certain union construction employers will be newly exempted from coverage under the law.
Covered Employees
The bill will also expand current law to cover nearly all private sector employees, including day and temporary workers, rather than limiting coverage to “service worker” occupations.
Seasonal employees, defined as employees who work 120 days or less in any year, will be exempt from coverage under the act. The act also exempts certain union construction workers.
Accelerated Accrual/Work Time Reduced
In a major change, the law reduces the number of hours employees need to work to accrue leave time. Under the current law, employees accrue sick time at a rate of one hour of sick leave for every 40 hours worked. Under the new law, sick time will accrue at a rate of one hour for every 30 hours worked.
Hours Worked Requirement Slashed
Employees will be entitled to use any accrued sick leave after the 120th calendar day of employment (about 12 weeks). This is down from the 680th hour of employment (about 17 weeks for employees working 40 hours).
Expansion of Reasons for Leave
In addition to using leave for their own condition or that of a spouse or child, employees will be entitled to use leave to care for a sibling, grandparent, grandchild, or parent of the employee. This includes individuals related to the employee by blood or affinity whose close association to the employee shows to be equivalent of those family relationships.
The new law will also permit leave for work or school closures due to a public health emergency or where the employee or the employee’s family member poses a health risk to others due to a communicable disease.
Notice and Record Retention Requirements
Employers will be subject to new notice and record retention requirements under the Sick Day Law. Currently, covered employers are required to post a notice advising employees of their rights under the Sick Day Law. The new act also requires employers to provide written notice to each employee of their rights no later than January 1, 2025, or at the time of hire, whichever is later.
The act also requires employers to provide the number of hours of sick time accrued and used by the employee on the employee’s paystub and to maintain those records for a period of three years.
Other Employment Laws Passed
Aside from the Sick Day Law, the Connecticut legislature passed few employment laws this session. The General Assembly was able to pass, and the Governor already signed, an act that expands Paid FMLA to cover leave for victims of sexual assault. Legislation that would have used federal ARPA funds to pay striking workers was ultimately vetoed by the Governor.
Paid Family and Medical Leave Expanded to Cover Victims of Sexual Assault
Effective October 1, 2024, Connecticut’s Paid Family and Medical Leave Act will require employers to permit victims of sexual assault to take leave where reasonably necessary to:
to seek medical care or psychological or other counseling for physical or psychological injury or disability for the victim,
2. to obtain services from a victim services organization on behalf of the victim,
3. to relocate due to such sexual assault, or
4. to participate in any civil or criminal proceeding related to or resulting from such sexual assault.
Current law permits victims of family violence to take such leave. The law expands this coverage to also include victims of sexual assault. The law allows an employer to limit unpaid leave to twelve days during any calendar year.
The act also permits employers to request that the employee provide a police report or court record related to the family violence or sexual assault or a signed written statement that the employee is a victim of family violence or sexual assault from:
the employee
an agent of a victim services organization
an attorney
an employee of the Office of Victim Services within the Judicial Department
the Office of Victim Advocate
a licensed medical professional
or other licensed professional from whom the employee has sought assistance with respect to family violence or sexual assault.
Public Act 24-5 was signed into law by Governor Lamont on May 9, 2024.
Reminder on the New Fair Labor Standards Act Exempt Threshold
As a reminder, in about six weeks, on July 1, 2024, the U.S. Department of Labor salary threshold for exempt overtime status will increase to $43,888. This marks the first phase of a two-phase increase to the FLSA salary threshold. It will increase to $58,656 on January 1, 2025. It then increases automatically every three years after that. Now is a good time to begin evaluating the advantages of raising salaries versus reclassifying employees. It is also an opportunity to correct any potential employee misclassification issues.
We will be conducting an Executive Briefing webinar, The New FLSA Overtime Rule: What Employers Need to Know, on Thursday, May 23rd from 9:00-11:30 a.m. To enroll, contact Jessenia Narvaez, Office Manager, at jessenianarvaez@robertnoonan.com, or enroll online here.
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