Leave administrator working with client

Connecticut

Contributions for Connecticut’s Paid Family Medical Leave Act (PFMLA) started in 2021. The program is overseen by the CT Paid Leave Authority and is referred to informally as Connecticut Paid Leave (CTPL). The program itself is being outsourced to an insurance company, Aflac, who will administer the state benefits on behalf of Connecticut. Benefits for the program will become payable effective January 1, 2022.

Additionally, Connecticut has made some changes to its job protected leave law, the Connecticut Family and Medical Leave Act (CFMLA) effective January 1, 2022.

CT Paid leave and the Connecticut Family and Medical Leave Act (CFMLA)

What is the Update?

CT Paid Leave  

The CT Paid Leave benefit is employee funded and employee contributions began on January 1, 2021, at a rate of 0.5% up to $142,800. 

Employees in the state who earn $2,325 in the base period are eligible for up 12* weeks of paid leave to care for a new child, care for one’s own or a family member’s serious health condition, to deal with an exigency arising out of a family member’s call to active duty in the armed services, to care for a military family member injured during active duty, or to donate an organ or bone marrow. Additionally, an employee experiencing family violence can apply for up to 12 days of benefits. 

*Those incapacitated due to pregnancy or childbirth may receive up to 14 weeks of paid leave benefits. 

Eligible employees can receive up to 95% of their average weekly wage, based on prior quarters, to a maximum weekly benefit of $780 beginning January 1, 2022, with the maximum increasing to $840 on July 1, 2022, and $900 on June 1, 2023. 

Connecticut Family and Medical Leave Act (CFMLA) 

The job protected leave law in Connecticut has the following major changes effective January 1, 2022:

  • Employers are covered under the law in 2022, if they have just 1 employee in Connecticut (in 2021 employers needed 75 employees in the state to be covered under the law)
  • Currently, employees must work for their employer for at least 12 months to be eligible for CFMLA. As of 2022, employees must work for their employer for just 3 months (12 weeks) prior to their leave to be eligible. 
  • Further, in 2021, employees must work at least 1,000 hours in the 12 months prior to the start of their leave. In 2022, there are no specific hours of service required. 
  • The amount of leave available under CFMLA is 16 weeks in a 24-month period. This will change in 2022, to 12 weeks in a 12-month period, with an additional 2 weeks of leave available for those incapacitated due to pregnancy. Military caregivers will still have 26 weeks in a 12-month period.
  • Employers will still be able to require employees to use accrued paid time off while on leave, however, they must allow employees to keep up to 2 weeks of accrued paid time off (starting in 2022). 

Handbook/Policy Updates

There is no requirement to include information about CT Paid Leave or CFMLA, in the company handbook.  However, we’d generally recommend including state leave and income replacement information in your handbook.

Notice Requirements

Employers are required to notify new hires and current employees about CT Paid Leave which goes live on January 1, 2022. However, it is not a legal requirement to inform employees until July 2022 (7 months after the live date).  We don’t see any reason to wait till July and would recommend informing employees on or prior to January 1, 2022, about CT Paid Leave.  There is a poster that employers may use CT Paid Leave Poster. This is not the official poster that is required by law; however, it may serve as a temporary measure. We are waiting for the finalized poster to be released.

Larkin Action

The Larkin Company will inform impacted employees who are on leave in 2022 of any applicable changes to their job protected leave and how to file for income replacement benefits under CT Paid Leave.  

Further Company Considerations 

The CT Department of Labor is expected to release some new regulations soon. We aren’t expecting any new information, following the release of the regulations. However, if there is any information to share with our clients, we will share it! 

Ensure you are offsetting any salary continuation/company top-up pay by CT Paid Leave, where applicable (effective 2022).  The Larkin Company will adjust offsets for any top-up (leave of absence pay) calculations or STD, accordingly, if we handle these services for you.   

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Disclaimer

The Larkin Company is providing this information for general informational purposes and as a courtesy only. All information is provided in good faith and based on readily available information from various sources. We have taken reasonable steps to ensure that the information provided and any accompanying resources are accurate and provide valuable information. However we make no representation or warranty of any kind, expressed or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information provided in the document. 

The information on this website does not contain, nor should it be construed or substituted for legal advice.  Accordingly, before taking any actions based upon such information provided herein, we encourage you to consult with the appropriate professionals. The Larkin Company does not provide legal advice of any kind. The use or reliance of any information contained in this is solely at your own risk. Neither the Larkin Company nor any of its agents or employees shall be held liable or responsible for any inaccuracy, errors or omissions contained herein or for any damage you may suffer as a result of failing to seek competent legal advice from a licensed attorney. 

Updated: 12/10/21