Connecticut is the first state to require employers to provide specified hourly service workers with paid sick leave. Beginning January 1, 2012 employers that employ fifty (50) or more “service” employees in the state will be required to provide annual sick leave. Service workers as defined in the law (Senate Bill 913), generally cover the following broad categories, including, but not limited to:
- Certain food and restaurant service
- Dental health and medical
- Certain hospitality and retail
- Certain reception and administrative
Hourly service workers must receive paid sick leave accrued at one hour for each forty (40) hours worked and in one-hour increments up to a maximum of forty (40) per calendar year. Covered employees are entitled to carry over up to forty (40) unused accrued hours of paid sick leave from the current calendar year to the following calendar year, but cannot use more than the maximum number of accrued hours in any year.
Covered employees are entitled to use accrued paid sick leave after completing 680 hours of employment. The leave can be used for the following purposes:
- The employee’s own illness, injury or health condition, medical diagnosis, care or treatment of mental illness or physical illness, injury or health condition, or preventative medical care.
- The employee’s own medical care or psychological or other counseling for physical or psychological injury or disability when the employee is a victim of family violence or sexual assault, or to obtain services from a victim services organization, to relocate due to such family violence or sexual assault, or to participate in any civil or criminal proceedings related to or resulting from such family violence or sexual assault.
- The employee’s child’s or spouse’s illness, injury or health condition, medical diagnosis, care or treatment of the child’s or spouse’s mental or physical illness, injury or health condition, or preventative medical care.
Anytime an employee’s need for paid sick leave is foreseeable, the employer may require advance notice, not to exceed seven days prior to the date the leave is to begin. If the employee’s need for paid sick leave is not foreseeable, the employer may require notice of the intention as soon as practicable. An employer may require the employee to provide documentation for requested paid sick leave of three (3) or more consecutive days. Nothing prevents employers from providing more paid sick leave than is required.
Violations of the Act will be handled by the Connecticut Department of Labor. An employee may file a complaint with the Department through the proper channels. The commissioner has the power to hold hearings and assign civil penalties when the employer has been found in violation of law by a preponderance of the evidence.