With the General Assembly wrapping up their session this month, it’s time to take a look at a few of the laws that have passed. The biggest set of changes impact a smaller subset group of employers (both public and private schools but some municipal positions too) but represent an expansion of the state’s leave laws. The provisions were tucked in the state’s bonding bill, so it’s likely some employers that have been tracking these provisions overlooked them.
My colleagues have the update at our sister blog, but here’s what employers need to know when the bill is signed (which is expected):
Expansion of CTFMLA and CT Paid Leave
Effective October 1, 2025, access to the Connecticut Family Medical Leave Act (“CT FMLA”) and Connecticut Paid Family Medical Leave Insurance (“CT Paid Leave”) will be expanded to include all non-certified school employees at both public schools and nonpublic elementary and secondary schools in Connecticut.
Under current law, CT FMLA and CT Paid Leave coverage for school employees depends on collective bargaining agreements. School employees (whether at public or nonpublic schools) are not automatically entitled to these benefits unless the school and union agree to provide them through the negotiation process.
The bill changes that framework for non-certified employees.
CT FMLA Eligibility
The bill will make employees whose positions do not require a professional certification under chapter 166 eligible for CT FMLA, if they have been employed for at least three months during the previous twelve-month period by their employer. This is a reduced tenure requirement compared with the standard CTFMLA requirement of having been employed by the company for at least 3 months immediately preceding the leave.
In essence, this bill will allow all non-certified employees of “public school operator[s]” to access CT FMLA. Moreover, because nonpublic elementary or secondary schools often do not require professional certification for their employees, the bill will effectively allow all employees at such schools – including teachers and administrators – to access CT FMLA.
Under the bill, “public school operator” is defined as having “the same meaning as provided in section 31-49e.” Conveniently, the bill newly defines “public school operator” in Section 31-49e as “a local or regional board of education, an interdistrict magnet school operator, including an interdistrict magnet school operator described in section 10-264s, a state or local charter school, an endowed or incorporated academy approved by the State Board of Education pursuant to section 10-76d or a cooperative arrangement pursuant to section 10-158a.” This new definition replaces the use of “local or regional board of education” in the statutory scheme and is likely meant to encompass all public-school entities in the State.
But here’s the rub — most of these employees were already covered by federal FMLA. Nevertheless, this change means that public and private schools alike should familiarize themselves with the differences between Connecticut and Federal FMLA to ensure proper administration. For example, Connecticut allows for protected leave for more reasons than federal law.
CT Paid Leave Eligibility
In addition to being able to access CT FMLA, non-certified employees of public and private schools will now be considered covered employees for the purposes of CT Paid Leave. These employees will now be able to apply for Connecticut paid leave benefits when they experience a covered condition.
As a reminder, CT Paid Leave is not job protected leave, but it does provide employees with income replacement while taking time off for a qualifying reason. It often runs concurrently with CT and Federal FMLA. While the paid leave is administered through Connecticut’s Paid Leave Authority, newly covered employers will need to take note of their obligations under the law: namely, providing notice and remitting the .5% of your employee’s wages to distribute to the state to fund the program. Employers should also evaluate whether they will require employees to use their accrued paid time off prior to accessing CT Paid Leave.
Expansion of Paid Sick Leave Law
Another provision expands Connecticut’s Paid Sick Leave Act to certain employees of municipalities and boards of education.
This bill does not exempt any municipal or board employers from the Paid Sick Leave Act. To the extent that there was ever a question about whether the Paid Sick Leave Act applies to school boards or municipalities (which was probably overblown), this amendment confirms that it always has.
What the text of the bill does do is simple. As originally passed, the Connecticut Paid Sick Leave Act required employers to allow their employees to take the paid sick leave time in the minimum increment of one hour. When signed by the Governor, this bill would eliminate the one-hour increment minimum for the following employees of boards of education and municipalities if those employees are covered by a collective bargaining agreement: Police Officers; Fire Fighters; Employees of a public works department; and, “School employees” as defined by Conn. Gen. Stat. § 53a-65.
Now, municipalities and boards of education will be permitted to limit the use of the paid sick leave to the minimum increment prescribed in the collective bargaining agreement. For example, if a collective bargaining agreement states that sick leave may only be used in half-day increments, then the employer is able to, once more, follow the terms of the contract. No more one-hour increment scheduling difficulties.
My thanks to my colleagues Sarah Niemiroski and Jarad Lucan for tracking these bills and posting about it on our sister blog.