On July 1, 2011, the Governor signed Public Act 11-52 which requires certain employers to provide 5 paid sick days per year to “service workers” in the State of Connecticut commencing on January 1, 2012. In becoming the first state in the nation to pass such a law, Connecticut has created an issue which must be addressed with caution by Connecticut employers who face significant potential penalties for non-compliance.

Some highlights of this new law are set forth below:

This law only applies to employers who have 50 or more employees in Connecticut during any one quarter of the prior year. There are specific exemptions for certain types of manufacturing or tax exempt organizations that provide recreational, child care and education services. It is important to note that the 50 person threshold is satisfied if the employer has 50 employees regardless of how many of them are actually designated as “service workers” entitled to sick leave benefits under the law.

Paid sick leave benefits are only required to be provided to service workers. The term “service worker” is defined as hourly, non-exempt employees who work in 1 of 68 “broader detailed occupation code numbers and titles” as specified in the law by reference to the Federal Bureau of Labor Statistics Standard Occupational Classification System. This particular provision could be troublesome for Connecticut employers and requires legal consultation as appropriate classification is difficult.

The legislation requires that each service worker accrue 1 hour of paid sick leave for each 40 hours worked up to a maximum of 40 hours per calendar year. The accrued sick time can be carried over from one year to the next but only 40 hours of paid sick leave can be used in any one year.

The paid sick leave mandated by this legislation can be used for the medical diagnosis care or treatment of a service worker’s own illness, an injury or health condition of that of a service worker’s spouse or child; for preventive medical care for the service worker or the service worker’s spouse or child or for victims of family violence or sexual assault to attend medical appointments, counseling or court appearances.

It is important to note that if an employer already provides its employees with at least 5 days paid time off per year, for example vacation, personal days or paid time off, the employer is already in compliance with the law.

An employee is entitled to use accrued paid sick leave after completing the 680th hour of employment after January 1, 2012, if that employee was hired prior to January 1st. If the employee begins employment after January 1, 2012, they can use accrued paid sick leave upon completion of the 680th hour of employment from the date of hire.

The law has very specific notice provisions which can be satisfied by displaying a poster in English and Spanish in any place accessible to workers, but should also be included in employee handbooks.

The legislation contains strong protections for those workers who believe they have been retaliated against for using paid sick leave and allows an employee to file complaints alleging a violation of the paid sick leave law with the Connecticut Department of Labor which has the ability to “award the employee of all appropriate relief” including payment of paid sick leave, re-hiring, reinstatement payment of back wages and benefits.

We strongly urge all employers to immediately determine whether this new law applies to their organization, review their sick leave policies and update employee handbooks to address the new sick leave law. I

f you have any questions regarding the applicability of this new paid sick leave legislation, please contact Mr. Greene.