Paid Sick Leave laws enable covered employees to take paid time off to obtain medical care for themselves or a family member. From time-to-time, states will amend their laws to expand coverage. Connecticut, California, and Massachusetts recently updated their paid sick leave laws. This blog will cover the relevant updates and what employers need to do to comply.
Connecticut Expands Paid Sick and Safe Leave Uses
On May 6, 2024, the Connecticut Senate approved a major revision to the state’s Paid Sick and Safe Leave Law, which will expand coverage to every employee in the state. The prior 2012 law only covered “service workers” and only applied to employers with 50 or more Connecticut employees. The 2012 law allowed covered employees to earn one hour of paid sick leave for every 40 hours worked, up to a maximum of 40 hours per year.
The revised paid sick leave law will take effect on January 1, 2025. The revisions to the law are outlined below.
Covered Employer Status: The new law will reduce the employee headcount requirement for the purpose of determining whether an employer is subject to the paid sick leave provisions. The law will take a phased-in approach, whereby more employers will become subject to the law over the next three years. The law will apply to employers as follows:
- January 1, 2025 – Employers with 25 or more employees in the state
- January 1, 2026 – Employers with 11 or more employees in the state
- January 1, 2027 – Employers with one or more employees in the state
Covered Employees: With the new law, paid sick leave will apply to all employees (with limited exceptions for seasonal workers).
Employers will now be prohibited from requiring employees to find an employee to replace them when taking paid sick leave.
Accrual Rates: Rates will change from one hour for every 40 hours worked to one hour for every 30 hours worked. As an alternative to accrual, the law now permits frontloading of paid sick leave at the beginning of the year. With this method, employers are not required to carryover unused paid sick leave at the end of the year. In addition, employees will be eligible to use paid sick leave after 120 days of employment (the prior law required 680 hours).
Reasons for Leave: Permitted reasons for taking paid sick leave is expanded to cover the needs of family members beyond just spouse or child (inclusive of spouses, siblings, children, grandparents, grandchildren, and parents.
California Expands Protections and Paid Sick Leave Uses for Crime Victims
On September 29, 2024, California Governor Gavin Newsom signed into law Assembly Bill No. 2499, an amendment of California’s Health Workplaces Healthy Families Act. To summarize, the changes to the Act will extend paid leave protections for the use of “safe time” for victims of domestic violence, sexual assault, stalking, and other crimes, inclusive of family members of the employee. The law will also allow the use of Paid Sick Leave for employees who are on jury duty or taking time off to appear in court. Leave for Jury Duty does not need to be paid if the employee chooses not to use their available PSL. These new protections will take effect on January 1, 2025.
Other notable changes to HWHFA include the definition of a “family member” as an employees’ “child, parent, grandparent, grandchild, sibling, spouse, domestic partner or designated person.” AB 2499 also expands reasonable accommodation eligibility to include employees who are victims or whose family members are victims of “qualifying acts of violence.”
A new model form will be available on or before July 1, 2025. Employers must provide notice to employees of their rights under this law . Notice must be provided upon hire, annually, at any time upon request, and any time an employee informs an employer that the employee or their family member is a victim.
Massachusetts Expands Reasons for Use of Earned Sick Time
On August 23, 2024, Massachusetts Governor Maura Healey signed an amendment to the Massachusetts Earned Sick Time Act to include additional reasons for which employees can use this time. These changes are aimed at addressing various types of reproductive loss and were passed as a part of a larger bill entitled, “An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options.” Effective as of November 1, 2024, earned sick time can be used to “address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted reproduction, adoption, or surrogacy.”
Employer Action
As a general rule of thumb, employers should review and revise their policies and practices as necessary and educate their employees on the new paid sick leave laws. In addition, each state has specific action for employers:
Connecticut
- Employers will be required to provide individual notice to employees of their rights as of their time of hire or January 1, 2025, whichever is later as well as annually or any time upon request.
Employers that were previously exempt from the law should ensure they are now providing this leave.
California
- Employers must inform employees of their rights under the law at the time of hiring, annually, upon an employees request, and any time an employee informs an employer that they or their family member is a victim.
Massachusetts
- Employers should ensure that their policies are up to date and employees are aware and able to use their Earned Sick time for this new purpose.
Connect with a Sequoia consultant to learn how Sequoia’s compliance services are integrated in our benefits services and tailored solutions. And if you’re already a Sequoia client, stay on top of your employer obligations with your Compliance Checklist that highlights important compliance dates, action items, and resources.
The information and materials on this blog are provided for informational purposes only and are not intended to constitute legal or tax advice. Information provided in this blog may not reflect the most current legal developments and may vary by jurisdiction. The content on this blog is for general informational purposes only and does not apply to any particular facts or circumstances. The use of this blog does not in any way establish an attorney-client relationship, nor should any such relationship be implied, and the contents do not constitute legal or tax advice. If you require legal or tax advice, please consult with a licensed attorney or tax professional in your jurisdiction. The contributing authors expressly disclaim all liability to any persons or entities with respect to any action or inaction based on the contents of this blog. © 2024 Sequoia Consulting Group. All Rights Reserved.
