On June 25, 2019, Connecticut Governor Edward “Ned” Lamont signed Public Act. No. 19-25, known as the Connecticut Paid Family and Medical Leave (“CFML”) Act, into law. This comes after months of the war of words among Connecticut lawmakers and Governor Lamont on how pleasant to setup a CPFML software. Signs pointed toward a decision while the Connecticut Legislature passed the present day model of the CFML on May 31, 2019. Now, following Governor Lamont’s approval, Connecticut is the seventh nation within the us of a to have enacted a complete paid own family depart application.[1]
Most considerably, the CFML Act creates a brand new paid to depart application. In addition, the CFML amends the Connecticut Family and Medical Leave Act (“CFMLA”), expanding the motives personnel may additionally take leave and the quantity of going away to be had to employees. Like sure different nation paid family goes away laws,[2] the CPFML appears to be fully employee-funded. The employee contribution amount could be hooked up by using the Connecticut Paid Family and Medical Leave Insurance Authority (the “Authority”) inside the coming months. Employers should start to collect contributions as of January 1, 2021. Employees can be capable of beginning receiving CPFML blessings, as mentioned beneath, starting January 1, 2022.
Interplay Between CFML and CFMLA
The CFML, in element, is an amendment to the CFMLA. Based on the drafting, it appears that the Connecticut Legislature estimated that the two leaves could produce paintings together. The CFML Act will provide salary replacement blessings as much as a maximum of 14 weeks, relying on the character of the absence. The CFMLA has been revised to permit a comparable 14-week maximum potential go away in 12 months – a greater generous allotment than the 16 weeks in 24 months that the CFMLA presently lets in. This and different amendments to the CFMLA move into effect on January 1, 2022.
CFML and CFMLA are designed to run concurrently while used for reasons blanketed by way of both laws and the worker has time to be had beneath each law. However, primarily based on sure concerns, such as unique employee eligibility requirements, this could not usually be the case. In such situations, the worker can be entitled to blessings beneath and subject to the conditions of 1 regulation but no longer the opposite.
Regulations and administrative guidance on the CFML, the amended CFMLA, and their interaction are predicted inside the coming months and years. While employers await explanation on sure components of CPFML, here’s a precis of the CPFML’s key provisions.
Summary of CPFML’s Key Provisions
Covered Employers
“Employer” is defined broadly as any entity that employs one or more personnel. Thus, CPFML will affect virtually all personal employers in Connecticut. As of January 1, 2022, “agency” underneath the CFMLA may also be multiplied to entities with one or greater employees – a sizeable trade from the law’s present-day 75-employee threshold.
Covered Employees
To be considered a included employee for CPFML purposes, an worker ought to have earned as a minimum $2,325 in the course of the employee’s maximum earning sector in the base duration[3] and meet any of the following conditions: (1) is currently hired; (2) become employed through the employer within the previous 12 weeks; or (three) is self-hired or a sole proprietor and Connecticut resident enrolled in CFML.
To be eligible for leave under the amended CFMLA, powerful January 1, 2022, an employee must be employed for as a minimum three months with the aid of the company from whom go away is asked. To be eligible beneath the modern CFMLA, an employee must be hired for 12 months and have completed 1,000 hours of service earlier than the first day of going away. Thus, as of January 1, 2022, the CFMLA will apply to a far larger quantity of employees than it does today.
Amount and Reasons for Leave
The CFML Act will offer 12 weeks of CPFML advantages in a 12-month length for eligible personnel who are absent for one of the below-covered reasons. Importantly, in which an employee is absent because of a severe health situation ensuing in incapacitation that occurs during pregnancy, she can be entitled to two additional weeks of CPFML advantages (i.E., for a total of 14 weeks in 12 months).
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