KemLaw

Did you know that when you look at the top 22 countries in the world that rank highest in human and economic development, only three do not routinely require paid sick leave for employees?

Japan, Canada and the U.S. have no national policy on this question.

What about individual states?

Only four states, 22 cities and one county provide for paid sick leave as a matter of law – Connecticut is one of those states (California, Massachusetts and Oregon are the others).

If you are an employer in Connecticut, it’s important to know the rules. It’s all a bit complicated as you can imagine. Here is a brief synopsis:

• The Connecticut Paid Sick Leave Act applies to any employer (defined as a person, firm, business, educational institution, nonprofit agency, corporation, LLC or other entity) if it has at least 50 employees working within Connecticut on its payroll determined annually as of October 1st. Some manufacturers and organizations providing recreation, child care, and educational services are exempt.

• Any part-time or full-time “service workers” paid on an hourly basis or classified as non-exempt are eligible to take paid sick leave under the Act after they have completed 680 hours of employment after January 1, 2012 (if hired prior to January 1, 2012) or from date of hire after January 1, 2012 and worked at least an average of 10 or more hours per week for the employer in the most recent complete calendar quarter. Day or temporary workers (who perform work on a per diem or occasional or irregular basis) are not eligible.
• There are 69 different categories of eligible “service workers” specifically identified as covered by the Act based on the definitions contained in the Bureau of Labor Statistics Standard Occupational Classification System (“SOC”).[1]

• Qualifying sick leaves under the Act can be taken for any illness, injury or health condition of the service worker or his/her spouse or child or for preventative medical care for the same.

• Complaints for violations of the Act will be handled by the Connecticut Department of Labor, which is empowered to hold hearings, and which may assess a civil penalty of $500.00 for a violation of the retaliation and discrimination provisions of the law, and a civil penalty of $100.00 for each violation of the substantive provisions (or notice provision) of the Act. The Labor Commissioner may also require an offending employer to rehire or reinstate an employee and to pay back wages and benefits.

If you are an employer and find yourself struggling to understand the law as regards paid sick leave, call a well trained Connecticut employment and labor law attorney. Each of the attorneys at Kainen, Escalera & McHale have over twenty years of experience with these matters. And we are Connecticut’s leading employer defense law firm. Contact us if we can help you.

Also – if you are an employer and would like to learn more about personal leave policies, you can find more information here: http://info.kemlaw.com/leave-benefits-for-connecticut-employees/

            [1] The categories of “service workers” covered under the Act are as follows: Food Service Managers; Medical and Health Services Managers; Social Workers; Social and Human Service Assistants; Community Health Workers; Community and Social Service Specialists, All Other; Librarians; Pharmacists; Physician Assistants; Therapists; Registered Nurses; Nurse Anesthetists; Nurse Midwives; Nurse Practitioners; Dental Hygienists; Emergency Medical Technicians and Paramedics; Health Practitioner Support Technologists and Technicians; Licensed Practical and Licensed Vocational Nurses; Home Health Aides; Nursing Aides, Orderlies and Attendants; Psychiatric Aides; Dental Assistants; Medical Assistants; Security Guards; Crossing Guards; Supervisors of Food Preparation and Serving Workers; Cooks; Food Preparation Workers; Bartenders; Fast Food and Counter Workers; Waiters and Waitresses; Food Servers, Nonrestaurant; Dining Room and Cafeteria Attendants and Bartender Helpers; Dishwashers; Hosts and Hostesses, Restaurant, Lounge and Coffee Shop; Miscellaneous Food Preparation and Serving Related Workers; Janitors and Cleaners, Except Maids and Housekeeping Cleaners; Building Cleaning Workers, All Other; Ushers, Lobby Attendants and Ticket Takers; Barbers, Hairdressers, Hairstylists and Cosmetologists; Baggage Porters, Bellhops and Concierges; Child Care Workers; Personal Care Aides; First-Line Supervisors of Sales Workers; Cashiers; Counter and Rental Clerks; Retail Salespersons; Tellers; Hotel, Motel and Resort Desk Clerks; Receptionists and Information Clerks; Couriers and Messengers; Secretaries and Administrative Assistants; Computer Operators; Data Entry and Information Processing Workers; Desktop Publishers; Insurance Claims and Policy Processing Clerks; Mail Clerks and Mail Machine Operators, Except Postal Service; Office Clerks, General; Office Machine Operators, Except Computer; Proofreaders and Copy Markers; Statistical Assistants; Miscellaneous Office and Administrative Support Workers; Bakers; Butchers and Other Meat, Poultry and Fish Processing Workers; Miscellaneous Food Processing Workers; Ambulance Drivers and Attendants, Except Emergency Medical Technicians; Bus Drivers; Taxi Drivers and Chauffeurs; Radiologic Technicians.

Photo credit: Mic445 via Foter.com / CC BY 

The information provided above is made available by Kainen, Escalera & McHale, P.C. for educational purposes only. It is not intended to provide specific legal advice to your individual circumstances or legal questions. You acknowledge that neither your reading of, nor posting on, this site establishes an attorney-client relationship between you and our law firm, or any of the attorneys in our firm. This information should not be used as a substitute for seeking competent legal advice from a licensed professional attorney in your state nor is it provided for the specific purpose of soliciting your business on any particular matter. Readers of this information should not act upon anything communicated in it without seeking professional counsel.