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July 10, 2020

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July 09, 2020

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Changes to Connecticut Paid Sick Leave Law Provide Some Relief to Employers

The Connecticut Paid Sick Leave legislation has been amended (1) to allow employers to determine the 50-employee applicability threshold in the same manner as under the state’s Family and Medical Leave Act, (2) to allow accrual of paid sick leave hours on any annual basis, not just a calendar year, and (3) to expand slightly the list of “service worker” titles that are the beneficiaries of the law.

“An Act Creating Parity between Paid Sick Leave Benefits and Other Employer-Provided Benefits” (the “Act”) (Public Act 14-128), signed into law by Governor Dannel Malloy, becomes effective on January 1, 2015.

Employer Coverage

The Act remedies a previously problematic method for employers in calculating whether they meet the requisite 50-employee threshold. As currently written, employers determine if they are covered by the law by reviewing the employee counts reported on their previous year’s four quarterly earnings reports. If at least 50 individuals were identified in any of those quarters, the employer would be subject to the paid sick leave law for the entire following year. 

The Act simplifies this process and may help employers with seasonal or fluctuating workforces. Applicability depends upon whether the employer has at least 50 employees on its payroll for the week containing October 1. The Act accounts for potential abuse of this new method by prohibiting employers from firing, dismissing, or transferring an employee from one job site to another to avoid meeting the 50-employee threshold on October 1. 

Accrual Method

The Act removes the mandate that employees accrue paid sick leave hours on a calendar year basis. An employer’s accrual policy may run on a date-of-hire anniversary or any other annual basis. This is a welcome change for employers who were forced to calculate paid sick leave hours on a basis different from other paid time off hours. 

Eligible Workers

The Act adds the title “radiologic technologists” to the list of service workers eligible for the 40 annual hours of paid sick leave.

Jackson Lewis P.C. © 2020National Law Review, Volume IV, Number 175


About this Author

Holly Cini, employment litigator, preventive counseling lawyer, Jackson Lewis

Holly L. Cini is a Principal in the Hartford, Connecticut, office of Jackson Lewis P.C. Ms. Cini concentrates her practice on employment litigation and preventive counseling. She represents employers in a variety of forums, including state and federal courts, the Connecticut Commission on Human Rights and Opportunities and the Equal Employment Opportunity Commission.

Ms. Cini has successfully represented employers throughout all stages of litigation, from administrative hearings to trials in state and federal courts through...

Beverly W. Garofalo, Jackson Lewis, discrimination attorney, accommodating disabled employees lawyer

Beverly W. Garofalo is a Principal in the Hartford, Connecticut, office of Jackson Lewis P.C. She has substantial experience representing employers in court and before administrative agencies.

Ms. Garofalo regularly counsels employers on a wide range of employment issues, including sexual harassment; discrimination; accommodating disabled employees; family and medical leave laws; wage and hour laws; hiring, disciplining and terminating employees; downsizing and reductions-in-force; independent contractor, employment, non-competition and confidentiality agreements; mergers and acquisitions; and outsourcing. In 2012, Ms. Garofalo prevailed in a federal court jury trial in a case involving claims of pregnancy discrimination.

James M. Leva, Employment Litigation Attorney, Jackson Lewis Law Firm

James M. Leva is an Associate in the Hartford, Connecticut office of Jackson Lewis P.C. His practice is focused on employment litigation and preventive counseling. Mr. Leva defends employers in state and federal court and before administrative agencies such as the Equal Employment Opportunity Commission and the Commission on Human Rights and Opportunities against claims of discrimination, harassment, and retaliation.