What happened?

On May 9, 2024, the Connecticut Legislators sent to the governor HB 5005, which will expand Connecticut’s Paid Sick Leave. The bill was signed by the governor on 5/21/2024.

What are the details?

This legislation will expand sick leave benefits for employees and create new compliance obligations for employers.

Key bites

• Employee is defined as an individual engaged in service to an employer in the business of the employer. Day or temporary workers are now included, with exceptions for seasonal employees (who work 120 days or less in a year)
  and certain union construction workers and their employers.

• Covered employers are expanded to include any entity that employs:
  • 25 or more individuals in the state after January 1, 2025
  • 11 or more individuals after January 1, 2026
  • 1 or more individuals after January 1, 2027.
  • Note: Employee count can be determined by counting the number of employees on payroll during the pay period that includes January 1.
    
• Exceptions to covered employers include:
  • (1) employers that participate in a multiemployer health plan maintained under collective bargaining agreements (CBA) between a construction-related tradesperson employee organization and employers.
  • (2) self-employed individuals.

• The definition of Family Member is expanded: click here

• Paid sick leave is available for use after 120 calendar days of employment.
  • The maximum accrual of 40 hours is unchanged.
  • The speed of accrual is accelerated to at least one hour for every 30 hours worked.
  • Employees can carry over up to 40 hours of paid sick leave per year.
  • Employers who frontload the full 40 hours annually will not be required to carry over hours
    

• There is no new obligation to pay out any remaining unused sick leave hours upon termination.

• Employer Notice and Posting Requirements are intensified and now mandated at the commencement of employment or on January 1, 2025.

• Record-keeping: Employers are required to keep records of sick leave accrual and usage, as shown on employee pay stubs, for a minimum duration of 3 years.

• Employers are prohibited from requiring an employee to provide any documentation that paid sick leave is being taken for permitted purposes.

Business Considerations

• Employers should understand the new definitions of “employee”, “employer”, and “family member” as outlined in the bill.
• Employers should plan accordingly for the changes as the bill reduces the size of covered employers annually, ultimately applying to employers with at least one employee.
• Employers should review, revise, and update their internal policies and employment handbooks to align with the new law and reflect the expanded entitlement and usage of sick leave.
• Employers should implement robust tracking systems for the accrual, usage, and carry-over of leaves.
• Employers should train their HR staff and management on the new obligations under the law.
• Employers should ensure compliance with employee documentation and notices relative to the changes, including maintaining accurate records of sick leave accrual and usage for at least 3 years and meeting notice-and-posting requirements at the commencement of employment or by January 1, 2025.
• Employers should refrain from requiring an employee to provide any documentation that paid sick leave is being taken for permitted purposes.

Source References

• Official Bill Page: HB 5005
• Governor Press Release

Resources

• Navigating a New Frontier: An Employer Guide to Paid Sick Leave in Connecticut (Fisher & Phillips LLP.)
• General Assembly Passes Significant Expansion to Paid Sick Days Law (Shipman & Goodwin LLP)
• Bill Summary

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