Amendments to Connecticut's Paid Sick Leave Law

LR-stethoscope-shtrstck-highresImportant amendments to the Connecticut Paid Sick Leave Act were included in this year’s legislation passed by the Legislature and expected to be signed by Governor Malloy.

It is now illegal for an employer to “terminate” or “dismiss” (the law does not explain the difference) any employee or “transfer any employee from one work site to another solely in order not to qualify as an employer” as defined in the Paid Sick Leave Act (i.e., in order to get under the 50-employee threshold). Substitute House Bill No. 5269 added this antidiscrimination language to the Paid Sick Leave Act, C.G.S. §31-57(r).

The Act also now provides that the 50-employee requirement for a business to be defined as an employer under the law shall be determined as of the entity’s “payroll for the week containing October 1st.” Therefore, while the amendment simplifies how to determine whether a business falls within the statute’s purview, it punishes a business for dismissing, terminating or transferring an employee prior to the October 1 payroll if the change is done in order to avoid Paid Sick Leave liability.

With “50” being a key jurisdictional number for a business’s inclusion in several legal mandates, including but not limited to the Affordable Care Act, certain Affirmative Action compliance laws, and the federal Family and Medical Leave Act, an employer that transfers, dismisses or terminates an employee in order to avoid liability under one of those laws also risks a claim that it reduced its payroll in order to avoid liability under the Paid Sick Leave law.

The take away from this is that if a company is planning layoffs or job eliminations that may reduce its payroll below 50, it should document the precise reasons for the personnel action in order to demonstrate that its employee census was not reduced in order to avoid Paid Sick Leave obligations. Just another potential claim for Connecticut employers to be concerned with.

This blog/web site presents general information only. The information you obtain at this site is not, nor is it intended to be, legal advice, and you should not consider or rely on it as such. You should consult an attorney for individual advice regarding your own situation. This website is not an offer to represent you. You should not act, or refrain from acting, based upon any information at this website. Neither our presentation of such information nor your receipt of it creates nor will create an attorney-client relationship with any reader of this blog. Any links from another site to the blog are beyond the control of Pullman & Comley, LLC and do not convey their approval, support or any relationship to any site or organization. Any description of a result obtained for a client in the past is not intended to be, and is not, a guarantee or promise the firm can or will achieve a similar outcome.

Subscribe to Updates

About Our Labor, Employment and Employee Benefits Law Blog

Alerts, commentary, and insights from the attorneys of Pullman & Comley’s Labor, Employment Law and Employee Benefits practice on such workplace topics as labor and employment law, counseling and training, litigation, union issues, as well as employee benefits and ERISA matters.

Other Blogs by Pullman & Comley

Connecticut Health Law Blog

Education Law Notes

For What It May Be Worth

Recent Posts


Jump to Page