Connecticut’s New Paid Sick Leave Law: What Independent Schools Need to Know

On January 1, 2025, an updated version of Connecticut’s paid sick leave law will become effective. This new law will pose unique compliance challenges for independent schools, who should proactively consider how they will implement the law’s mandates. 

Who is Covered?

Independent schools and all their employees are covered by this new law, as well as most other employers (with limited exceptions). The older version of this law did not apply to independent schools as employers, but the revised version removes that exclusion, and the law will apply to independent schools on January 1. Similarly, the law previously limited eligibility to “service workers,” but now every employee is covered, irrespective of their job title, duties, or compensation. Whether they’re full-time or part-time, overtime exempt or overtime non-exempt, they’re going to be covered now. Seasonal employees (who work 120 calendar days or less per year) are the only exception. 

When Can an Employee Use Paid Sick Leave?

Employees can use paid sick leave for a long list of purposes, including taking care of their own or their family member’s health condition, obtaining a diagnosis, and seeking preventative care. Employees can also use paid sick leave for a “mental health wellness day,” which is when an employee takes time off to attend to their own emotional and psychological well-being. Click here and scroll to question 15 to see the full list of permitted purposes.

What Documentation Does an Employee Need to Submit?

None—employers are prohibited from requiring documentation that employees are taking leave for a permitted purpose. Schools may ask an employee whether they are taking paid sick leave for one of the permitted purposes (and should be tracking whether they are taking paid sick leave, for record-keeping purposes), but they only need to say “yes.” Doctors’ notes or other documentation is not required. Similarly, the law does not require employees to provide their employer with advance notice of their need to use paid sick leave (but not showing up to work without any notification at all is still unacceptable). 

Is This the Same Thing as FMLA?

No. There are multiple laws with similar names that cover slightly different areas. First, there’s the federal Family and Medical Leave Act (FMLA), which applies to independent schools that have 50 or more employees. Second, there’s the Connecticut Family and Medical Leave Act (CTFMLA) and corresponding income replacement benefits through Connecticut Paid Leave (CTPL), which do not apply to independent schools (both exempt nonpublic schools from the definition of “employer”). Finally, there’s Connecticut Paid Sick Leave, which will apply to independent schools beginning January 1, 2025.

Note that one of the main purposes of the FMLA is to provide job-protected leave for employees who are experiencing a “serious health condition,” but that requirement does not apply to Connecticut’s paid sick leave law. Similarly, the FMLA permits employers to require that employees provide the employer with “medical certification” regarding their serious health condition. Again, not the case with the Connecticut Paid Sick Leave law—no documentation is necessary.

How Much Paid Sick Leave May Employees Take?

Employees accrue one hour of paid sick leave for every 30 hours that they work, up to a maximum of 40 hours per year. Note that “40 hours” really means “40 hours” and not “five sick days.” This is because employees can take paid sick leave in one-hour increments, which is probably a change from your current policies. For purposes of accrual, exempt employees are presumed to work 40 hours per week unless they have fewer hours in their normal workweek. Alternatively, schools can decide to “frontload” the full amount of leave annually (which can be done at the beginning of the calendar or school year) and avoid the accrual method. 

What Are the Record-keeping Requirements?

Complying with the record-keeping requirements of the expanded Connecticut Paid Sick Leave law may be challenging. If employees are accruing paid sick leave, employers will need to keep track of how many hours they have accrued. If a school has seasonal employees, it will need to verify that by tracking how many days they work (e.g., substitute teachers). Schools will also need to track the hours that employees use for paid sick leave. This tracking requirement seemingly applies even to exempt employees who receive unlimited paid sick leave, but it’s unclear if the CTDOL would deem such leave in compliance in the absence of tracking, or whether it will assess penalties in this situation. The new tracking requirements may also pose complications for payroll software if it is not set up to track one-hour increments for time off. All of these requirements are mandatory; schools must maintain tracking records for at least three years and allow the CTDOL to inspect them for compliance.

What Are the Penalties for Non-Compliance?

Any employee may file a complaint with the CTDOL. The CTDOL will then investigate the complaint. In the worst-case scenario, if the Labor Commissioner finds that an employer has violated the paid sick leave law, then they can fine the school $100 per violation. Depending on the circumstances, they can also award the employee payment for used sick leave, reinstatement to their previous position, reestablishment of benefits, and payment of back wages.

What Should Independent Schools Be Thinking About?

First, schools should make sure they have plans to comply with the most basic requirements: providing the required sick leave beginning on January 1, 2025, and providing written notice to each employee regarding their paid sick leave rights (as well as to each new employee upon hire). Also, schools are required to display posters in both English and Spanish. The CTDOL has published samples of these documents on their website. 

Next, schools should evaluate how the requirements of the new law interact with their current leave policies. Some schools may already provide more than 40 hours of paid sick leave to employees and may even offer unlimited sick leave. Is this sufficient for compliance? Unfortunately, probably not. Schools also need to ensure that they offer at least 40 hours of paid time off that complies with all the requirements of this law. This means, for example, that for those first 40 hours, you cannot ask for any documentation regarding their use of leave. If your policy does not comply with the requirements, it does not matter if you provide unlimited paid sick time—the CTDOL may still assess penalties if you have not followed all the law’s mandates.

Schools should also determine ahead of time whether they are going to frontload paid sick leave or have employees accrue it over time. If a school frontloads its paid sick leave at the start of the benefit year, it will not have to deal with some of the paperwork issues involved with tracking accruals. On the other hand, employers frontload the leave at their own risk—doing so allows employees to take more extended leaves earlier in the year. On balance, we suggest that schools consider frontloading the leave, but we encourage them to discuss this issue with their leadership team and business office. 

Finally, schools will need to determine how they will manage tracking employees’ accrual and use of paid sick leave. Again, proactive conversations with the business office (and possibly the payroll software vendor) will help schools develop a plan that works for them. 

Conclusion

The expanded Connecticut Paid Sick Leave law will likely compel independent schools to substantially change their policies and procedures regarding paid sick leave. These are tough decisions to make, and it can be difficult to accurately identify possible issues. If you have any questions regarding this law and how to best implement it at your school, please reach out to a member of our school law or employment law teams.