On June 25, 2019 Connecticut’s Act Concerning Paid Family and Medical Leave was signed into law.

As soon as January 2022, employees will be eligible to take leave under the existing Connecticut Family and Medical Leave Act (“CFMLA”), while receiving partial pay benefits. Connecticut employees will be able to use paid family and medical leave for:

• Care for a new child (birth, adoption, or foster)
• Care for family member who has a serious health condition
• Care for their own serious health condition
• Qualifying exigency arising out of family member being on active duty
• To be able to serve as an organ or bone marrow donor

Expanded Protections Are Effective January 1, 2022

Private employer coverage expanded to cover businesses with one or more employees.
Employee eligibility is determined by:

Employee has worked for current employer at least 12 weeks
Employee has earned at least $2,325 within a defined “base period”

There is no minimum hours worked requirement. Up to 12 weeks of partially paid leave can be taken in a 12-month period, with an additional two weeks of leave available for pregnancy-related serious health conditions that results in incapacity.

The definition of a “covered family member” beyond the current parent, child and spouse will be expanded to include an employee’s domestic partner, grandparent, grandchild, sibling, and “any other individual related to the employee by blood or affinity whose close association the employee shows to be the equivalent of those family relationships.”

Paid Family and Medical Leave Benefits

Funding for the paid leave benefit is by an employee payroll withholding of up to 0.5%, with contributions beginning on January 1, 2021. Employers will not be required to contribute toward the program, but will be responsible for withholding the employee contribution and remitting the funds to the state Family and Medical Leave Insurance Trust Fund. Employers will have the option to apply for permission to provide benefits through a private plan.

Employees requesting paid leave will be required to provide notice of the need for benefits, along with certification of the need for leave.

Coordination of Paid Benefits with Other Paid Time Off

Employers are allowed to require an employee to substitute available paid vacation, personal, or family leave during a paid CFMLA leave. The Act also requires that employees be permitted to retain at least two weeks of any such paid time off, which would effectively render the “mandatory substitution” option moot for those employees who receive two weeks or less paid time off per year.

Employer Notice Requirements

Beginning July 1, 2022, employers must provide notice to new employees of their entitlement to benefits under the Act, as well as their right to be protected from retaliation for requesting or using paid leave and the right to file a complaint with the Labor Commissioner regarding any violation under the Act. Employers also will be required to provide the notice annually to current employees.

Coming Up Next

Connecticut employers are advised to begin reviewing their existing family and medical leave policies to consider where changes may need to be made in preparation for the new law. Our team of payroll specialists in Milford, CT are ready to help you navigate the complexities of compliance.