Connecticut to Require Many Employers to Offer Paid Sick Leave

Mintz - Employment Viewpoints
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The Connecticut General Assembly has passed a sick leave law that will make Connecticut the first state to mandate paid sick leave for certain hourly service workers. The law, which will become effective on January 1, 2012 if Governor Malloy signs it, which he is expected to do, applies to employers of 50 or more persons within the State of Connecticut. While many Connecticut employers with 50 or more employees likely already provide paid leave to their employees, the Paid Sick Leave Act (the “Act”) provides a floor below which employers may not fall when it comes to these benefits.

Which Connecticut Employers are Subject to the Act?

Employers of 50 or more employees in the State of Connecticut are subject to the Act. Unlike the Connecticut Family and Medical Leave Act (CFMLA), which has been construed to apply extraterritorially with respect to calculating the number of employees, the Act on its face appears to only apply to employers with 50 or more employees within the State of Connecticut. An employer will be subject to the Act if the employer has at least 50 such employees on its payroll in any one quarter in the previous year determined on January 1st annually. The Act specifically exempts manufacturers and nationally chartered 501(c)(3) organizations that provide recreation, child care and educational services.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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