Public employers have encountered many woes over the last year preparing for the expansion of the Connecticut Paid Sick Leave Law. The General Assembly granted a small measure of relief in the waning hours of the legislative session. Under the law, employers were required to allow for the use of paid sick leave in one-hour increments. Now, a limited exception exists for boards of education and municipal employers, easing scheduling concerns resulting from the one-hour rule. The change is effective immediately.
Boards of Education
Local or regional boards of education that provide paid sick leave, or other paid leave, that is accrued at a greater rate than is provided for under the Connecticut Paid Sick Leave Law, may require school employees to use leave in the increment set forth in an applicable collective bargaining agreement, which may be greater than one hour.
For purposes of this provision, “school employee” means: (A) A teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, paraeducator or coach employed by a local or regional board of education or a private elementary, middle or high school or working in a public or private elementary, middle or high school; or (B) any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in (i) a public elementary, middle or high school, pursuant to a contract with the local or regional board of education, or (ii) a private elementary, middle or high school, pursuant to a contract with the supervisory agent of such private school. School employees must still be permitted to use the maximum number of accrued hours for the purposes provided under the Connecticut Paid Sick Leave Law.
Note that this exception applies only when the employer provides for accrual at a greater rate (not an equal rate) than is provided for under the existing law.
Municipalities
Municipal employers that provide paid sick leave, or other paid leave, that is accrued at a greater rate than is provided for under the Connecticut Paid Sick Leave Law, may require police officers, firefighters, or employees of a public works department to use leave in the increment set forth in an applicable collective bargaining agreement, which may be greater than one hour. For purposes of this provision, “public works department” means a municipal department responsible for the construction, regulation or maintenance of all things in the nature of public works and improvements.
As with the exception for school employees, it applies only when the employer provides for accrual at a greater rate (not an equal rate) than is provided for under the existing law.
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Boards of education and municipal employers may need to revisit contractual provisions and memoranda of understanding that were created to comply with the stricter terms of the law prior to this limited relief. Our team of labor and employment attorneys can assist you with implementing changes to take advantage of the increased flexibility provided by this statutory change.