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Connecticut Paid Sick Leave Law


Sec. 31-57r. Definitions.   As used in this section and sections 31-57s to 31-57w,  inclusive:
(1) “Child” means a biological, adopted or foster child, stepchild, legal ward of a  service worker, or a child of a service worker standing in loco parentis, who is (A) under  eighteen years of age; or (B) eighteen years of age or older and incapable of self-care  because of a mental or physical disability;
(2) “Day or temporary worker” means an individual who performs work for another  on (A) a per diem basis, or (B) an occasional or irregular basis for only the time required  to complete such work, whether such individual is paid by the person for whom such  work is performed or by an employment agency or temporary help service, as defined  in section 31-129;
(3) “Employee” means an individual engaged in service to an employer in the business of the employer;
(4) “Employer” means any person, firm, business, educational institution, nonprofit  agency, corporation, limited liability company or other entity that employs fifty or more  individuals in the state in any one quarter in the previous year, which shall be determined  on January first, annually. Such determination shall be made based upon the wage information submitted to the Labor Commissioner by the employer pursuant to subsection  (j) of section 31-225a. “Employer” does not include: (A) Any business establishment  classified in sector 31, 32 or 33 in the North American Industrial Classification System,  or (B) any nationally chartered organization exempt from taxation under Section  501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, that provides all  of the following services: Recreation, child care and education;
(5) “Family violence” has the same meaning as provided in section 46b-38a;
(6) “Retaliatory personnel action” means any termination, suspension, constructive  discharge, demotion, unfavorable reassignment, refusal to promote, disciplinary action  or other adverse employment action taken by an employer against an employee or a  service worker;
(7) “Service worker” means an employee primarily engaged in an occupation with  one of the following broad or detailed occupation code numbers and titles, as defined  by the federal Bureau of Labor Statistics Standard Occupational Classification system  or any successor system: (A) 11-9050 Food Service Managers; (B) 11-9110 Medical  and Health Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and  Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 21-1099 Community and Social Service Specialists, All Other; (G) 25-4020 Librarians; (H) 29-1050  Pharmacists; (I) 29-1070 Physician Assistants; (J) 29-1120 Therapists; (K) 29-1140  Registered Nurses; (L) 29-1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N)  29-1170 Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 Emergency  Medical Technicians and Paramedics; (Q) 29-2050 Health Practitioner Support Technologists and Technicians; (R) 29-2060 Licensed Practical and Licensed Vocational  Nurses; (S) 31-1011 Home Health Aides; (T) 31-1012 Nursing Aides, Orderlies and  Attendants; (U) 31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing Guards;  (Z) 35-1010 Supervisors of Food Preparation and Serving Workers; (AA) 35-2010  Cooks; (BB) 35-2020 Food Preparation Workers; (CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; (EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-2011 Janitors and Cleaners, Except Maids  and Housekeeping Cleaners; (LL) 37-2019 Building Cleaning Workers, All Other;  (MM) 39-3030 Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers,  Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage Porters, Bellhops  and Concierges; (PP) 39-9010 Child Care Workers; (QQ) 39-9021 Personal Care Aides;  (RR) 41-1010 First-Line Supervisors of Sales Workers; (SS) 41-2011 Cashiers; (TT)  41-2021 Counter and Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070  Tellers; (WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 Receptionists and Information Clerks; (YY) 43-5020 Couriers and Messengers; (ZZ) 43-6010  Secretaries and Administrative Assistants; (AAA) 43-9010 Computer Operators; (BBB)  43-9020 Data Entry and Information Processing Workers; (CCC) 43-9030 Desktop  Publishers; (DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; (FFF) 43-9060  Office Clerks, General; (GGG) 43-9070 Office Machine Operators, Except Computer;  (HHH) 43-9080 Proofreaders and Copy Markers; (III) 43-9110 Statistical Assistants;  (JJJ) 43-9190 Miscellaneous Office and Administrative Support Workers; (KKK) 51-3010 Bakers; (LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing  Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; (NNN) 53-3010  Ambulance Drivers and Attendants, Except Emergency Medical Technicians; (OOO)  53-3020 Bus Drivers; or (PPP) 53-3040 Taxi Drivers and Chauffeurs, and is (i) paid on  an hourly basis, or (ii) not exempt from the minimum wage and overtime compensation  requirements of the Fair Labor Standards Act of 1938 and the regulations promulgated  thereunder, as amended from time to time. “Service worker” does not include day or  temporary workers;
(8) “Sexual assault” means any act that constitutes a violation of section 53a-70,  53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a; and
(9) “Spouse” means a husband or wife, as the case may be.

Sec. 31-57s. Employer requirement to provide sick leave to service workers.  Use of leave. Employer compliance. Rate of pay during leave.

     (a) Each employer  shall provide paid sick leave annually to each of such employer’s service workers in  the state. Such paid sick leave shall accrue (1) beginning January 1, 2012, or for a service  worker hired after said date, beginning on the service worker’s date of employment, (2)  at a rate of one hour of paid sick leave for each forty hours worked by a service worker,  and (3) in one-hour increments up to a maximum of forty hours per calendar year. Each  service worker shall be entitled to carry over up to forty unused accrued hours of paid  sick leave from the current calendar year to the following calendar year, but no service  worker shall be entitled to use more than the maximum number of accrued hours, as  described in subdivision (3) of this subsection, in any year.
(b) A service worker shall be entitled to the use of accrued paid sick leave upon the  completion of the service worker’s six-hundred-eightieth hour of employment from  January 1, 2012, if the service worker was hired prior to January 1, 2012, or if hired  after January 1, 2012, upon the completion of the service worker’s six-hundred-eightieth  hour of employment from the date of hire, unless the employer agrees to an earlier date.  A service worker shall not be entitled to the use of accrued paid sick leave if such service  worker did not work an average of ten or more hours a week for the employer in the  most recent complete calendar quarter.
(c) An employer shall be deemed to be in compliance with this section if the employer offers any other paid leave, or combination of other paid leave that (1) may be  used for the purposes of section 31-57t, and (2) is accrued in total at a rate equal to or  greater than the rate described in subsections (a) and (b) of this section. For the purposes  of this subsection, “other paid leave” may include, but not be limited to, paid vacation,  personal days or paid time off.
(d) Each employer shall pay each service worker for paid sick leave at a pay rate  equal to the greater of either (1) the normal hourly wage for that service worker, or (2)  the minimum fair wage rate under section 31-58 in effect for the pay period during  which the employee used paid sick leave. For any service worker whose hourly wage  varies depending on the work performed by the service worker, the “normal hourly  wage” shall mean the average hourly wage of the service worker in the pay period prior  to the one in which the service worker used paid sick leave.
(e) Notwithstanding the provisions of this section and sections 31-57t to 31-57w,  inclusive, and upon the mutual consent of the service worker and employer, a service  worker who chooses to work additional hours or shifts during the same or following  pay period, in lieu of hours or shifts missed, shall not use accrued paid sick leave.

Sec. 31-57t. Permitted uses for sick leave. 

     (a) An employer shall permit a service  worker to use the paid sick leave accrued pursuant to section 31-57s:
(1) For (A) a service worker’s illness, injury or health condition, (B) the medical  diagnosis, care or treatment of a service worker’s mental illness or physical illness,  injury or health condition, or (C) preventative medical care for a service worker;
(2) For (A) a service worker’s child’s or spouse’s illness, injury or health condition,  (B) the medical diagnosis, care or treatment of a service worker’s child’s or spouse’s  mental or physical illness, injury or health condition, or (C) preventative medical care  for a child or spouse of a service worker; and
(3) Where a service worker is a victim of family violence or sexual assault (A) for  medical care or psychological or other counseling for physical or psychological injury  or disability, (B) to obtain services from a victim services organization, (C) to relocate  due to such family violence or sexual assault, or (D) to participate in any civil or criminal  proceedings related to or resulting from such family violence or sexual assault.
(b) If a service worker’s need to use paid sick leave is foreseeable, an employer  may require advance notice, not to exceed seven days prior to the date such leave is to  begin, of the intention to use such leave. If a service worker’s need for such leave is not  foreseeable, an employer may require a service worker to give notice of such intention  as soon as practicable. For paid sick leave of three or more consecutive days, an employer  may require reasonable documentation that such leave is being taken for the purpose  permitted under subsection (a) of this section. If such leave is permitted under subdivision (1) or (2) of subsection (a) of this section, documentation signed by a health care  provider who is treating the service worker or the service worker’s child or spouse  indicating the need for the number of days of such leave shall be considered reasonable  documentation. If such leave is permitted under subdivision (3) of subsection (a) of this  section, a court record or documentation signed by a service worker or volunteer working  for a victim services organization, an attorney, a police officer or other counselor involved with the service worker shall be considered reasonable documentation.
(c) Nothing in sections 31-57s to 31-57w, inclusive, shall be deemed to require any  employer to provide paid sick leave for a service worker’s leave for any purpose other  than those described in this section.
(d) Unless an employee policy or collective bargaining agreement provides for the  payment of accrued fringe benefits upon termination, no service worker shall be entitled  to payment of unused accrued sick leave under this section upon termination of employment.
(e) Nothing in sections 31-57s to 31-57w, inclusive, shall be construed to prohibit  an employer from taking disciplinary action against a service worker who uses paid sick  leave provided under sections 31-57s to 31-57w, inclusive, for purposes other than those  described in this section.

Sec. 31-57u. Additional leave. Donation of unused leave. Breaks in service.  (a) Nothing in sections 31-57s to 31-57w, inclusive, shall be construed to (1) prevent  employers from providing more paid sick leave than is required under sections 31-57s  to 31-57w, inclusive, (2) diminish any rights provided to any employee or service worker  under a collective bargaining agreement, or (3) preempt or override the terms of any  collective bargaining agreement effective prior to January 1, 2012.
(b) Nothing in sections 31-57s to 31-57w, inclusive, shall be construed to prohibit  an employer (1) from establishing a policy whereby a service worker may donate unused  accrued paid sick leave to another service worker, and (2) who provides more paid sick  leave than is required under sections 31-57s to 31-57w, inclusive, for the purposes  described in subdivision (1) of subsection (a) of section 31-57t from limiting the amount  of such leave a service worker may use for other purposes.
(c) Any termination of a service worker’s employment by an employer, whether  voluntary or involuntary, shall be construed as a break in service. Should any service  worker subsequently be rehired by the employer following a break in service, the service  worker shall (1) begin to accrue sick leave in accordance with section 31-57s, and (2)  shall not be entitled to any unused hours of paid sick leave that had been accrued prior  to the service worker’s break in service unless agreed to by the employer.

Sec. 31-57v. Retaliatory personnel action prohibited. Filing of complaint with  Labor Commissioner. Hearing. Penalties. (a) No employer shall take retaliatory personnel action or discriminate against an employee because the employee (1) requests  or uses paid sick leave either in accordance with sections 31-57s and 31-57t or in accordance with the employer’s own paid sick leave policy, as the case may be, or (2) files  a complaint with the Labor Commissioner alleging the employer’s violation of sections  31-57s to 31-57w, inclusive.
(b) The Labor Commissioner shall advise any employee who (1) is covered by a  collective bargaining agreement that provides for paid sick days, and (2) files a complaint  pursuant to subsection (a) of this section of his or her right to pursue a grievance with  his or her collective bargaining agent.
(c) Any employee aggrieved by a violation of the provisions of sections 31-57s to  31-57w, inclusive, may file a complaint with the Labor Commissioner. Upon receipt  of any such complaint, said commissioner may hold a hearing. After the hearing, any  employer who is found by the Labor Commissioner, by a preponderance of the evidence,  to have violated the provisions of subsection (a) of this section shall be liable to the  Labor Department for a civil penalty of five hundred dollars for each violation. Any  employer who is found by the Labor Commissioner, by a preponderance of the evidence,  to have violated the provisions of sections 31-57s to 31-57u, inclusive, or section 31-57w shall be liable to the Labor Department for a civil penalty of up to one hundred  dollars for each violation. The Labor Commissioner may award the employee all appropriate relief, including the payment for used paid sick leave, rehiring or reinstatement  to the employee’s previous job, payment of back wages and reestablishment of employee  benefits to which the employee otherwise would have been eligible if the employee had  not been subject to such retaliatory personnel action or discriminated against. Any party  aggrieved by the decision of the commissioner may appeal the decision to the Superior  Court in accordance with the provisions of chapter 54.
(d) The Labor Commissioner shall administer this section within available appropriations.

Sec. 31-57w. Notice to service workers of sick leave requirements. Regulations. Each employer subject to the provisions of section 31-57s shall, at the time of  hiring, provide notice to each service worker (1) of the entitlement to sick leave for  service workers, the amount of sick leave provided to service workers and the terms  under which sick leave may be used, (2) that retaliation by the employer against the  service worker for requesting or using sick leave for which the service worker is eligible  is prohibited, and (3) that the service worker has a right to file a complaint with the  Labor Commissioner for any violation of this section and of sections 31-57s to 31-57v,  inclusive. Employers may comply with the provisions of this section by displaying a  poster in a conspicuous place, accessible to service workers, at the employer’s place of  business that contains the information required by this section in both English and Spanish. The Labor Commissioner may adopt regulations, in accordance with chapter 54, to  establish additional requirements concerning the means by which employers shall provide such notice. The Labor Commissioner shall administer this section within available  appropriations.