S P A I D S I C K L E A V E L AW Q & A Jackson Lewis LLP · The Connecticut Paid Sick Leave law...

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Jackson Lewis LLP C T ’ S P A I D S I C K L E A V E L A W Q & A

Q&A

Connecticut’s

Paid Sick Leave Law

Questions & Answers

Jackson Lewis LLP www.jacksonlewis.com

November 2011

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Connecticut’s Paid Sick Leave Law Questions and Answers

Q-1. What is the purpose of the paid sick leave law? ............................................................................... 5

Q-2. Which employers must provide paid sick leave under this law? ...................................................... 5

Q-3. Are there specific exclusions from the definition of employer? (Rev. 11/11) ................................. 6

Q-4. When is the requirement of “fifty or more individuals in the state”

determined? (Rev.11/11) ................................................................................................................. 6

Q-5. Who are “service workers”? (Rev. 11/11) ........................................................................................ 6

Q-6. Are there employees performing the “service worker” duties who are not

eligible for paid sick leave? (Rev. 11/11) .......................................................................................... 7

Q-7. Are service workers who work part-time eligible for paid sick leave? .............................................. 7

Q-8. What is the paid sick leave requirement? (Rev. 11/11) ................................................................... 7

Q-9. When can the sick leave be used? (Rev. 11/11) ............................................................................... 7

Q-10. If an employer allows an employee to use paid sick leave before it has

accrued, does that leave count against the law’s entitlement? (Rev. 11/11) .................................. 8

Q-11. Can an employer require service workers to take paid sick leave in minimum increments, such as

four-hour increments? (Rev. 11/11) ................................................................................................. 8

Q-12. What is the effect of switching shifts or working extra hours to make up for

sick leave? (Rev. 11/11) .................................................................................................................... 8

Q-13. Can paid sick leave be carried over from year to year? (Rev. 11/11) ............................................... 8

Q-14. At what pay rate must the employer pay the accrued sick leave? (Rev. 11/11) .............................. 8

Q-15. Must an employer pay accrued but unused sick leave upon termination? ...................................... 8

Q-16. Does a rehired employee regain formerly accrued paid sick leave? ................................................. 9

Q-17. For what purpose may paid sick leave be used? (Rev. 11/11) ......................................................... 9

Q-18. May a service worker donate paid sick leave to another service worker? ....................................... 9

Q-19. What if an employee uses paid sick leave for a purpose not allowed by law? ................................. 9

Q-20. What are an employee’s notice requirements for using paid sick leave? ...................................... 10

Q-21. May an employer require documentation to ensure that the leave is being

used for its intended purpose? (Rev. 11/11) .................................................................................. 10

Q-22. What are an employer’s notice requirements? (Rev. 11/11) ......................................................... 10

Q-23. What retaliatory conduct does the law prohibit? (Rev.11/11) ...................................................... 10

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Q-24. How does this law affect an employer’s existing paid sick leave policy?

(Rev.11/11) ...................................................................................................................................... 11

Q-25. What is the effect of this law on collective bargaining agreements?

(Rev. 11/11) ..................................................................................................................................... 12

Q-26. How does this law integrate with the federal or state family and medical

leave act? (Rev. 11/11) ................................................................................................................... 12

Q-27. How will this law be enforced? ....................................................................................................... 12

Q-28. Will the Labor Commissioner be issuing further regulations? ........................................................ 13

Appendix A .................................................................................................................................................. 14

Appendix B .................................................................................................................................................. 15

Appendix C .................................................................................................................................................. 28

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Connecticut’s Paid Sick Leave Law Questions and Answers

On November 18, 2011, the Connecticut Department of Labor issued its “Guidance” interpreting certain aspects of the state’s recently-enacted Paid Sick Leave law. (Public Act No. 11-52 titled “An Act Mandating Employers Provide Paid Sick Leave to Employees”). While the Guidance is not legally binding, it provides insight into the Department’s positions on some key issues under the statute. In July 2011, we issued the comprehensive Connecticut’s Paid Sick Leave Law Questions And Answers. In this update, we identify and analyze those provisions impacted by the Guidance (which is attached as Appendix B). The Connecticut Paid Sick Leave law goes into effect on January 1, 2012. The law requires employers with 50 or more employees within Connecticut (excluding most manufacturing establishments and the nationally chartered tax-exempt organizations described in the law), to provide non-exempt “service workers” with paid sick leave that accrues at a rate of one hour per 40 hours worked, to a maximum of 40 hours per calendar year. “Service workers” are employees whose primary duties track those of the 68 federal Standard Occupational Classification System titles listed in the law. The law also prohibits covered employers from retaliating against any employee for requesting or using paid sick leave as provided by the law or in accordance with the employer's own paid sick leave policy, or for filing a complaint against the employer for violation of the law.

Purpose

Q-1. What is the purpose of the paid sick leave law?

Governor Malloy’s statement after the General Assembly’s approval of the bill said, in part:

[T]his is good public policy and specifically, good public health. Why would you want to eat food from a sick restaurant cook? Or have your children taken care of by a sick day care worker? The simple answer is – you wouldn’t. And now, you won’t have to. Without paid sick leave, frontline service workers – people who serve us food, who care for our children, and who work in hospitals, for example – are forced to go to work sick to keep their jobs. That’s not a choice I’m comfortable having people make under my tenure, and I’m proud to sign this bill when it comes to my desk.

Covered Employers

Q-2. Which employers must provide paid sick leave under this law?

The law defines “employer” as any person, firm, business, educational institution, nonprofit agency, corporation, Limited Liability Company or other entity that employs 50 or more individuals in the state in any one quarter in the previous year. The law applies to the state and its municipalities with 50 or more employees as well. The exclusions from the definition are described in Q-3.

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Q-3. Are there specific exclusions from the definition of employer? (Rev. 11/11)

Yes. "Employer" does not include any business establishment classified in sector 31, 32 or 33 in the North American Industrial Classification System (NAICS), or any nationally chartered organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 that provides all of the following services: recreation, child care and education. The legislative history reveals that the Section 501(c)(3) exclusion was intended to exempt YMCAs/YWCAs specifically, although it is conceivable that other organizations also may satisfy the requirements for this exclusion. The exclusion for manufacturers extends to include all forms of manufacturing, including food, textiles, wood, petroleum, chemical, plastics, metal, machinery, motor vehicles, aerospace, computer, electronic, and miscellaneous products, provided it is the primary operation actually performed at the site. However, per the Guidance, the exclusion for manufacturing establishments extends only to the sites at which manufacturing operations are conducted (a “campus-type setting” will be considered to be one site for purposes of this analysis), and not to other locations that an employer may have in the state, such as a distribution warehouse where no manufacturing occurs. Consequently, an employer may have some facilities subject to the law and others that are not. A company in bankruptcy proceedings is not exempt from the law. Q-4. When is the requirement of “fifty or more individuals in the state” determined? (Rev.11/11)

Unless falling within one of the exclusions, an employer that had 50 or more employees (including full and part-time employees) during any one quarter in the previous calendar year is subject to the law. The 50-employee threshold is determined annually as of January 1st, based upon the quarterly employer wage reports employers must submit to the Labor Commissioner pursuant to CGS § 31-225a (j). Employees working at the employer’s worksite who are on the payroll of a temporary staffing company are not counted as employees for purposes of determining applicability. The Guidance makes clear that there is no provision in the law that requires employers to count employees of other affiliated entities under theories of joint or integrated employment for purposes of meeting the 50 employee threshold. However, all in-state employees – not just service workers – are counted to determine whether the 50 employee threshold is met.

Employees Eligible for Paid Sick Leave

Q-5. Who are “service workers”? (Rev. 11/11)

A “service worker” is an employee engaged primarily in an occupation within one of the occupation code numbers/titles identified in the statute (see Appendix A) that are listed by the federal Bureau of Labor Statistics Standard in its Occupational Classification system (www.bls.gov/soc/), who is paid on an hourly basis or is otherwise not exempt from the federal Fair Labor Standards Act (FLSA) minimum wage and overtime requirements. In determining whether an employee is a “service worker”, an employer should focus on the duties primarily performed by the employee, as opposed to a specific job title. The list includes some obvious job titles, such as cashier, while excluding others that would seem to fit the definition of a service worker, such as a grocery store bagger, and including some that do not seem to fit, such as pharmacists. Accordingly, employers should not assume they do or do not employ service workers without carefully reviewing the list. As the Guidance makes clear, if an employee performs both service worker and non-service worker functions, the employee is entitled to paid sick leave if the employee spends more than half of his or her time as a service worker. According to the House hearing transcript, if an employee is transferred from a service worker to a non-service worker position, the employee “gets the sick days for that year”.

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Q-6. Are there employees performing the “service worker” duties who are not eligible for paid sick leave? (Rev. 11/11)

Employees not eligible for paid sick leave include those in positions properly classified as exempt under the federal FLSA (as opposed to under Connecticut law). Covered employers are also not required to provide paid sick leave to “day or temporary workers”, defined as those who perform work on a per diem basis or an occasional or irregular basis, for only the time required to complete the work, whether they are paid by the person for whom such work is performed or by an employment agency or temporary help service, as defined by C.G.S. § 31-129. The Guidance provides that in evaluating an individual’s “per diem” status, the Labor Commissioner will consider the following factors:

- Whether the individual is being treated and acting like a per diem, e.g., does the employment reflect a traditional per diem relationship?

- Can the individual accept or refuse work at will? - What is the individual’s relationship to the employer? - What is the structure of the assignment?

The Guidance notes that the CT Department of Labor will evaluate an individual’s “temporary worker” status based on the nature of the employee’s assignment, the length of the assignment and the employee’s duties It remains unclear whether undocumented immigrants who are service workers are entitled to paid leave. Q-7. Are service workers who work part-time eligible for paid sick leave?

With the limited exception of those working an average of fewer than 10 hours per week in the prior quarter, as described in Q-9, part-time service workers are eligible for paid sick leave.

Administration of the Paid Sick Leave Requirement

Q-8. What is the paid sick leave requirement? (Rev. 11/11)

Beginning January 1, 2012, an employer (within the meaning of the law) must provide paid sick leave annually to each of its service workers in Connecticut at a rate of one hour of paid sick leave for each 40 hours worked, accrued in one hour increments, to a maximum of 40 hours per calendar year. For service workers hired after January 1, 2012, the accrual begins on the service worker’s date of employment. The Guidance clarifies that the accrual of paid sick leave is on a calendar year basis (i.e., January – December) beginning on January 1 every year. An employer may not delay accrual of paid sick leave during a probationary or introductory period. The law does not prohibit employers from providing more paid sick leave than required. Q-9. When can the sick leave be used? (Rev. 11/11)

Service workers cannot begin using accrued paid sick leave until completion of 680 hours of employment, counted from January 1, 2012, if employed on or before that date, or counted from the service worker’s date of employment if hired after that date. The 680 hours is measured by hours actually worked. It is a one-time requirement, meaning that once a service worker works 680 hours for an employer, this threshold for usage is satisfied. This is so even if the individual leaves employment and returns at a later date (in which circumstance he or she would lose all accrued hours, but not the hours worked toward the usage threshold).

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Also, service workers must have worked an average of at least 10 hours a week in the most recently completed calendar quarter to be eligible to use accrued paid sick leave time. Q-10. If an employer allows an employee to use paid sick leave before it has accrued, does that leave count

against the law’s entitlement? (Rev. 11/11)

An employer may agree to allow employees to use accrued paid sick leave prior to completion of 680 hours of employment. Neither the law nor the Guidance addresses explicitly the effect of an employer’s advancing paid sick leave on the paid sick leave entitlement, but because doing so will be viewed as an additional benefit, it appears the CT Department of Labor will sanction such a practice. Q-11. Can an employer require service workers to take paid sick leave in minimum increments, such as

four-hour increments? (Rev. 11/11)

The Guidance states that employees must be permitted to take paid sick leave in increments of as little as an hour. Accordingly, a four hour (or any amount greater than one hour) minimum is prohibited. Q-12. What is the effect of switching shifts or working extra hours to make up for sick leave? (Rev. 11/11)

If the employer and service worker agree the worker will switch shifts or work extra hours during the same or following pay period as the sick leave in lieu of taking sick leave, the time should not be counted against the service worker’s paid sick leave bank. The Guidance notes that any decision to allow a shift exchange in lieu of paid sick leave must be agreed upon mutually and cannot be required by the employer. An employer is also prohibited from requiring a service worker to work extra shifts to cover work missed for a reason covered by the law.

Q-13. Can paid sick leave be carried over from year to year? (Rev. 11/11)

A service worker may carry over up to 40 unused accrued hours of paid sick leave from the current calendar year to the following calendar year; but, unless allowed by an employer’s policy, an employee may not use more than 40 paid sick leave hours in any year. At the end of the calendar year, employers may offer a service worker a payout of accrued sick leave hours in lieu of carryover, but may not require the employee to accept the payout in lieu of carryover. Although not addressed in the Guidance, the CT Department of Labor has indicated that an employer that grants the full allotment of paid sick leave on January 1 is not required to carry unused paid sick leave into the following calendar year. Q-14. At what pay rate must the employer pay the accrued sick leave? (Rev. 11/11)

An employer must pay the service worker for paid sick leave at the worker’s normal hourly wage or the minimum wage, if higher. If the service worker's hourly wage varies based on the duties performed, the “normal hourly wage” is the average hourly wage paid to the employee in the pay period prior to the leave. The Guidance clarifies that overtime and commissions are not included in the determination of a service worker’s “normal hourly wage.” Restaurant employees who are paid a “tipped” rate that is below the minimum wage must be paid the minimum wage for paid sick leave time off.

Q-15. Must an employer pay accrued but unused sick leave upon termination?

No, unless an employer policy or collective bargaining agreement provides otherwise.

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Q-16. Does a rehired employee regain formerly accrued paid sick leave?

No, unless the employer agrees otherwise. In the legislative history, it was noted that at the moment an employee terminates employment, the employee loses accrued paid sick leave, regardless of whether the individual is rehired a day later. However, as discussed above, hours previously awarded count toward meeting the 680 hour requirement. Q-17. For what purpose may paid sick leave be used? (Rev. 11/11)

A service worker may use paid sick leave for his or her, or a spouse's or child's:

1. illness, injury, or health condition; 2. medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;

or 3. preventive medical care.

A “child” is an employee's biological, adopted, or foster child, stepchild, legal ward, or a child of an employee acting instead of a parent, when the child is either under 18 years old or over 18 but incapable of self-care due to mental or physical disability. This is the same definition as under the Connecticut Family and Medical Leave Act. A “spouse” means a husband or wife. The law does not provide any guidance concerning the term “preventive medical care”. A service worker also may use paid sick leave when the service worker (not the spouse or child) is a victim of family violence or sexual assault for:

1. medical care or psychological or other counseling for physical injury or disability; 2. services from a victim services organization; 3. relocating; or 4. participation in any civil or criminal legal proceedings.

The Guidance notes that paid sick leave time does not run concurrently with the 12 (unpaid) days provided by Connecticut’s family violence leave law ( C.G.S. § 31-55ss). Q-18. May a service worker donate paid sick leave to another service worker?

An employer may, but is not required to, allow a service worker to donate unused accrued paid sick leave to another service worker. Q-19. What if an employee uses paid sick leave for a purpose not allowed by law?

Employers are not prohibited from taking disciplinary action against a service worker who uses paid sick leave for purposes other than those described by the law. However, as discussed in response to Q-21, employers may not require employees to produce documentation substantiating the reason for taking paid sick leave unless the employee is out of work for three consecutive days.

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Notice and Documentation Requirements

Q-20. What are an employee’s notice requirements for using paid sick leave?

Employers may require service workers to provide up to seven days’ notice before taking the leave, if it is foreseeable, or notice as soon as practicable if it is not foreseeable. Employers may be able to deny leave or even take disciplinary action against an employee who fails to comply. It is thus of critical importance that employers include call-in and other notice requirements in their policies. Q-21. May an employer require documentation to ensure that the leave is being used for its intended

purpose? (Rev. 11/11)

For paid sick leave of three or more consecutive days, an employer may require reasonable documentation. The Guidance states that in calculating the three or more consecutive days, the absences need not be full days, but rather may consist of any time taken off from work as paid sick leave. In addition, the days are calculated as consecutive work days rather than consecutive calendar days. For example, a service worker who is scheduled to work Monday, Wednesday, and Friday, who uses paid sick leave for any portion of those three days in a row, could be required to provide documentation for such leave. For mental or physical illness, treatment of an illness or injury, mental or physical diagnosis, or preventive medical care for the service worker or the employee's child, or spouse, an employer may require documentation signed by the health care provider treating the service worker or the service worker's child or spouse, indicating the need for the number of days of the leave. For a victim of family violence or sexual assault taking leave of three or more consecutive days, an employer may require a court record or documentation signed by an employee or volunteer working for a victim services organization, an attorney, police officer, or other counselor involved with the service worker. Q-22. What are an employer’s notice requirements? (Rev. 11/11)

Employers subject to the law must give notice to each service worker at the time of hire that:

1. the service worker is entitled to paid sick leave, the amount provided, and the terms under which it can be used;

2. the employer cannot retaliate against the employee for requesting or using sick leave; and 3. the service worker can file a complaint with the Labor Commissioner for any violation.

An employer can comply with this requirement by displaying a poster containing this information in English and Spanish in a conspicuous place, accessible to employees, at the employer's place of business. The CT Department of Labor has published on its website posters in both languages for employers to display to satisfy the notice requirement (attached as Appendix C).

Anti-Retaliation Prohibitions

Q-23. What retaliatory conduct does the law prohibit? (Rev.11/11)

The law prohibits covered employers from terminating, suspending, constructively discharging, demoting, unfavorably assigning, refusing to promote, disciplining, or taking any other adverse employment action

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against any employee (not limited to service workers) because the employee requested or used paid sick leave as provided by the law, or in accordance with the employer's “own paid sick leave policy,” or filed a complaint with the Labor Commissioner alleging an employer violated the law. Accordingly, covered employers may not retaliate, including taking disciplinary or other adverse job action against a service worker who requests or uses paid sick leave (scheduled or unscheduled and no matter the increment in which it is taken) for one of the purposes covered by the law or under an employer’s paid sick leave policy. Of course, if the service worker is taking the leave for reasons not covered by the law, the employer may take appropriate disciplinary action. Although the mandate to provide paid sick leave is limited to service workers, the provision prohibiting retaliation for taking or using paid sick leave was intentionally not limited to service workers. With respect to the prohibition on retaliating against non-service workers who request or use paid sick leave, the Guidance indicates that the Labor Commissioner will enforce the terms of an employer’s own paid sick/other paid time off policy. In other words, in the Labor Commissioner’s view, an employer will not be deemed to be in violation of the law so long as it has complied with its own policies, whatever they may be. Because an employer's PTO and paid sick leave policies applicable to non-service workers will be subject to review and enforcement by the CT Department of Labor, covered employers should carefully review their PTO, paid sick leave and attendance policies applicable to non-service workers to ensure that the employer is afforded wide discretion, including with respect to possible disciplinary action for unscheduled or excessive absences or tardiness. The policies should expressly state that they can be modified at any time and that they do not alter the at-will nature of the employment relationship.

Integration with Other Laws, Policies and Labor Contracts

Q-24. How does this law affect an employer’s existing paid sick leave policy? (Rev.11/11)

An employer that provides sick leave or “other paid leave,” such as vacation, personal days or paid time off (PTO), is “deemed to be in compliance” with the paid sick leave aspect of the law if: (a) service workers can use the leave for the purposes provided by the law; and (b) leave accrues at a rate equal to or greater than the rate described in the law. The law does not provide any further explanation of this “safe harbor” or the interplay between an employer’s policies and the paid sick leave law. What is clear is that employers seeking to rely on this “safe harbor” must reconcile their existing paid leave policies with the requirements of the paid sick leave law with respect to its application to service workers. Thus, for example, for leave requested or taken for reasons enumerated in the law, the policy cannot exclude part-time service workers, cannot delay accrual of leave until completion of an introductory period, cannot impose greater notice or documentation requirements, cannot require that leave be taken in minimum increments greater than one hour and the request or use of leave for covered reasons cannot lead to disciplinary or other adverse job action. Once an employee uses 40 hours of paid leave for reasons covered by the law, the employer should be deemed to have fully complied with its obligations and should thereafter be able to attach conditions or take disciplinary action in accordance with its policies. The law does not address what happens if the employee uses available paid leave under the employer’s policies for a reason other than those enumerated in the paid sick leave law. The following illustration was used at the House hearing: if an employer’s vacation policy meets the paid sick leave law’s requirements, and the employee takes five vacation days early in the calendar year and gets sick later in the year, the employer need not pay the employee for those sick days under this law. This example appears to address the situation in which the employer offers only 40 hours of paid leave per calendar year. It does not address a situation in

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which the employer offers more than 40 hours of paid leave and that same employee chooses to take that additional time when s/he gets sick later in the year. The question in that circumstance is whether that additional time (beyond the initial 40 hours) is still subject to the requirements and prohibitions of the paid sick leave law if taken for a reason covered by the law? The Guidance does not address this question, but the CT Department of Labor has informally suggested that the answer is yes – that is, if paid leave beyond 40 hours is available, until an employee exhausts 40 hours of leave for one of the reasons covered by the law, any such leave taken must be treated in accordance with the law. Q-25. What is the effect of this law on collective bargaining agreements? (Rev. 11/11)

The law states that it shall not be construed to diminish any rights provided to any employee or service worker under a collective bargaining agreement, or preempt or override the terms of any collective bargaining agreement effective prior to January 1, 2012. The Guidance makes clear that the law will not supersede the terms of any CBA in effect as January 1, 2012 even if that CBA provides for less paid sick leave time than contemplated by the law. An equivalent or greater paid sick leave allotment must be offered either after expiration of the CBA or upon renegotiation of it, whichever is earlier. The law provides that the Labor Commissioner shall advise employees who file a complaint under this law and who are covered by a collective bargaining agreement of their right to pursue a grievance with their collective bargaining agent. The Guidance notes that the department will not view a CBA as an “employer policy” for purposes of enforcing the law, and therefore employees who are governed by a CBA cannot file a complaint alleging discrimination or retaliation for requesting or using paid sick leave in accordance with the employer’s paid sick leave policy. Also of note is that the law applies to service workers who are parties to employment contracts other than CBAs. Q-26. How does this law integrate with the federal or state family and medical leave act? (Rev. 11/11)

Neither the law nor the Guidance addresses this issue. Federal law allows an employer to require an employee to substitute any other paid leave for otherwise unpaid FMLA leave. The Connecticut Family and Medical Leave Act also allows an employer to require such substitution. At the House hearing, when asked about the relationship between this law and the family and medical leave law, the response was that “we felt there was a difference between paid and unpaid [sick leave].” We believe, however, that to the extent such laws permit employers to request medical documentation for absences of fewer than three consecutive days in duration (such as in the case of intermittent FMLA leave), it is likely that an employer will be able to continue to do so to ensure that the employee gets the protection and benefits of those laws.

Enforcement

Q-27. How will this law be enforced?

Any employee may file a complaint with the Labor Commissioner. After a hearing, an employer found to have violated the law shall be liable for a civil penalty as follows:

1. up to $100 for each violation of the general provisions of the bill; and 2. up to $500 for each violation of the retaliation provision.

The Labor Commissioner can award the employee all appropriate relief, including payment for used paid sick

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leave, rehiring or reinstatement to the employee's previous job, payment of back wages, and reestablishment of benefits for which the employee was otherwise eligible if not for the retaliatory personnel action or being discriminated against. Aggrieved parties can appeal the Commissioner's decision to Superior Court. The law does not provide an aggrieved employee the right to file an action directly in court. Q-28. Will the Labor Commissioner be issuing further regulations?

The Labor Commissioner will not issue formal Regulations on the law as such an action is not authorized by the statute. The noted in introduction to the Guidance, however, the positions articulated therein are subject to change as questions arise and interpretations develop. Jackson Lewis attorneys are available to assist employers with the new paid sick leave law and other workplace requirements. We will, of course, continue to provide timely updates as additional guidance becomes available.

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Appendix A

The Connecticut paid sick leave law identifies individuals employed in jobs with the same or similar primary duty as the titles below as “service workers” subject to its provisions:

Title Code Title Code Food Service Managers 11-9050 Medical and Health Services Managers 11-9110

Social Workers 21-1020 Social and Human Service Assistants 21-1093

Community Health Workers 21-1094 Community and Social Service Specialists, All Other

21-1099

Librarians 25-4020 Pharmacists 29-1050

Physician Assistants 29-1070 Therapists 29-1120

Registered Nurses 29-1140 Nurse Anesthetists 29-1150

Nurse Midwives 29-1160 Nurse Practitioners 29-1170

Dental Hygienists 29-2020 Emergency Medical Technicians and Paramedics

29-2040

Health Practitioner Support Technologists and Technicians

29-2050 Licensed Practical and Licensed Vocational Nurses

29-2060

Home Health Aides 31-1011 Nursing Aides, Orderlies and Attendants 31-1012

Psychiatric Aides 31-1013 Dental Assistants 31-9091

Medical Assistants 31-9092 Security Guards 33-9032

Crossing Guards 33-9091 Supervisors of Food Preparation and Serving Workers

35-1010

Cooks 35-2010 Food Preparation Workers 35-2020

Bartenders 35-3010 Fast Food and Counter Workers 35-3020

Waiters and Waitresses 35-3030 Food Servers, Non-restaurant 35-3040

Dining Room and Cafeteria Attendants and Bartender Helpers

35-9010 Dishwashers 35-9020

Hosts and Hostesses, Restaurant, Lounge and Coffee Shop

35-9030 Miscellaneous Food Preparation and Serving Related Workers

35-9090

Janitors and Cleaners, Except Maids and Housekeeping Cleaners

37-2011 Building Cleaning Workers, All Other 37-2019

Ushers, Lobby Attendants, and Ticket Takers

39-3030 Barbers, Hairdressers, Hairstylists, and Cosmetologists

39-5010

Baggage Porters, Bellhops, and Concierges

39-6010 Child Care Workers 39-9010

Personal Care Aides 39-9021 First-Line Supervisors of Sales Workers 41-1010

Cashiers 41-2011 Counter and Rental Clerks 41-2021

Retail Salespersons 41-2030 Tellers 43-3070

Hotel, Motel, and Resort Desk Clerks

43-4080 Receptionists and Information Clerks 43-4170

Couriers and Messengers 43-5020 Secretaries and Administrative Assistants 43-6010

Computer Operators 43-9010 Data Entry and Information Processing Workers

43-9020

Desktop Publishers 43-9030 Insurance Claims and Policy Processing Clerks

43-9040

Mail Clerks and Mail Machine 43-9050 Office Clerks, General 43-9060

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Operators, Except Postal Service

Office Machine Operators, Except Computer

43-9070 Proofreaders and Copy Markers 43-9080

Statistical Assistants 43-9110 Miscellaneous Office and Administrative Support Workers

43-9190

Bakers 51-3010 Butchers and Other Meat, Poultry, and Fish Processing Workers

51-3020

Miscellaneous Food Processing Workers

51-3090 Ambulance Drivers and Attendants, Except Emergency Medical Technicians

53-3010

Bus Drivers 53-3020 Taxi Drivers and Chauffeurs 53-3040

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Appendix B

Guidance from the Connecticut Department of Labor Regarding Public Act 11-52: An Act Mandating Employers Provide Paid Sick Leave to Employees The following document is intended to serve as guidance for employers and employees in answering questions concerning public act 11-52 – an act mandating employers provide paid sick leave to employees. The Connecticut Department of Labor is providing this guidance in order to assist human resources professionals in Connecticut in their efforts to comply with this new law. This guidance is subject to change as questions arise and interpretations develop. If this guidance is updated at any point, the Connecticut Department of Labor will indicate the substance and date of any change.

STATUTE/LAW GUIDANCE

Sec. 1(1) "Child" means a biological, adopted or foster child, stepchild, legal ward of a service worker, or a child of a service worker standing in loco parentis, who is

(A) under eighteen years of age; or

(B) eighteen years of age or older and incapable of self-care because of a mental or physical disability

Same as the FMLA definition. If the child is 18 years of age or older, the child must have a disability within the meaning of the American with Disabilities Act that prevents him or her from performing activities of daily living.

Sec. 1(2) "Day or temporary worker" means an individual who performs work for another on

(A) a per diem basis, or

(B) an occasional or irregular basis for only the time required to complete such work, whether such individual is paid by the person for whom such work is performed or by an employment agency or temporary help service

Per diem - The statute does not provide any definition of “per diem,” nor does any other statute that DOL administers have such a definition. As a result, DOL would be looking at how businesses have traditionally defined per diem employees. Questions to ask: is the individual being treated and acting like a per diem, can s/he accept or refuse work at will, what is the structure of the assignment, what is the employee’s relationship to the employer? We recognize that per diem assignments may be more than one day and in fact be longer term; however, if the employment has the characteristics of traditional per diem relationship, then DOL would find that the employee is per diem and thus exempt. Temporary worker – Because this term is defined in the law, DOL has more guidance in making this determination. DOL will analyze employment based on the exact language provided in accordance with the facts and circumstances of each case. Questions to ask: what is the assignment, length, duties, etc?

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Sec. 1(3) "Employee" means an individual engaged in service to an employer in the business of the employer.

This definition refers to any employee, not only service workers.

Sec. 1(4) "Employer" means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company or other entity that employs 50 or more individuals in the state in any one quarter in the previous year, which shall be determined on January first, annually. Such determination shall be made based upon the wage information submitted to the Labor Commissioner by the employer pursuant to subsection (j) of section 31- 225a of the general statutes.

50 or more employees – In order to be subject to the law, an employer must have 50 or more employees in any 1 quarter in the previous calendar year. DOL will make this determination based on the Quarterly Earnings Report (QER) filed by the employer with DOL. The QER is filed by the employer according to its unemployment registration number. An employer with multiple operations may file its QER under separate and distinct registration numbers. If this is the case, the number of employees will not be combined to meet the 50 threshold. Rather, as the law makes clear, each operation will be considered a separate entity for purposes of this act. Unlike the FMLA, there is no provision for combining employees for this act under the theories of joint or integrated employment.

"Employer" does NOT include:

(A) Any business establishment classified in sector 31, 32 or 33 in the North American Industrial Classification System, or

(B) any nationally chartered organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, that provides all of the following services: Recreation, child care and education

Manufacturers – Generally manufacturers are exempt employers under the statute and thus do not have to provide paid sick leave to its employees. The statute requires that a business “establishment” be classified as a manufacturer under the North American Industrial Classification System (NAICS - www.census.gov/naics). NAICS refers to one facility as an “establishment” (generally a single physical location) and an entire company as an “enterprise.” As such, each “establishment” should be assessed separately to determine if the primary business activity falls within sector 31, 32 or 33. That means that an employer may have one facility subject to the law and other facilities that are not. (For example, a manufacturing establishment in Town A is not subject to the law, while its distribution center in Town B may be subject to the law.) If a manufacturer has a two or more buildings in a “campus” type setting (typically at one address), such campus shall be considered one physical location. If the primary activity of that campus is

http://www.census.gov/naics)

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manufacturing, then all of the campus will be exempt from this law. Non-profits – In order to qualify under this exemption, the employer must meet all of the criteria provided for in the statute. Specifically, it must be (1) nationally chartered, AND (2) provide: (i) recreation, (ii) child care, AND (iii) education If the employer does not meet ALL of these qualifications, it is not exempt from this law.

Sec. 1(7) "Service worker” means an employee primarily engaged in an occupation with one of the broad or detailed occupation code numbers and titles, listed in the law, as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system or any successor system ...and is paid on an hourly basis, or not exempt from minimum wage and overtime requirements of the Fair Labor Standards Act of 1938 and the regulations promulgated thereunder, as amended from time to time. “Service worker” does not include day or temporary workers.

Service worker – The statute provides a complete list of classifications that qualify as service workers. If a job title is not listed specifically, it does not mean that the job is not included in one of the prescribed classifications. The employer must read the broad and detailed occupations and descriptions provided on the Bureau of Labor Statistics website: www.bls.gov/soc. (SEE ATTACHMENT) In addition, if an employee performs more than one job, the employer must use the classification in which the employee is primarily engaged to determine his/her status as a service worker.

Sec. 2(a) Each employer shall provide paid sick leave annually to each of such employer's service workers in the state. Such paid sick leave shall accrue

(1) beginning January 1, 2012, or for a service worker hired after said date, beginning on the service worker's date of employment,

(2) at a rate of one hour of paid sick leave for each forty hours worked by a service worker, and

(3) in one-hour increments up to a maximum of 40 hours per calendar year

Each service worker shall be entitled to

Accrual – Employers shall provide the accrual of paid sick leave on a calendar year basis (i.e., January through December). The act sets forth two dates for service workers to begin to accrue paid sick leave hours. Service worker that are currently employed, begin to accrue paid sick leave hours on January 1, 2012. Services workers hired after that date, begin to accrue paid sick leave hours upon their date of hire. Employers must provide accrual at a rate of 1 hour per every 40 hours worked. The 40 hours worked means hours actually worked and does not include any time off (e.g., vacation, paid time off...) taken by the service worker. The accrual is not based on full-time status; rather, any service worker employed by an employer subject to the act must be allowed to

http://www.bls.gov/soc

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carry over up to 40 unused accrued hours of paid sick leave from the current calendar year to the following calendar year but no service worker shall be entitled to use more than the maximum number of accrued hours, as described in subdivision (3) of this subsection, in any year

accrue paid sick leave hours based on his or her hours worked. Paid sick leave is to be accrued in a minimum of one hour increments. Service workers must also be allowed to use the accrued paid sick leave in one hour increments regardless of the employer’s time- keeping system. Service workers are not entitled to use the paid sick leave in lesser increments, unless allowed by the employer. Service workers are entitled to accrue leave up to 40 hours per calendar year, but employers do not have to provide more than that unless they choose to do so.

Carry over – Service workers shall be entitled to carryover up to 40 hours of any unused accrued paid sick leave at the end of each calendar year. Service workers are limited to carry over 40 hours each year, regardless of how many hours they have accumulated. Some employers either require or provide their employees with the option of being paid out at the end of the year for any unused paid leave. Because the law provides that service workers “shall be entitled” to carry over any unused paid sick leave, employers cannot require service workers to take the pay out. However, employers may offer the option of pay out in lieu of carry over to service workers as long it is voluntary.

Sec. 2(b) A service worker shall be entitled to the use of accrued paid sick leave upon the completion of the service worker's 680th hour of employment from 1/1/12, if the service worker was hired prior to 1/1/12,or if hired after 1/1/12, upon the completion of the service worker's 680th hour of employment from the date of hire, unless the employer agrees to an earlier date. A service worker shall not be entitled to the use of accrued paid sick leave if such service worker did not work an average of 10 or more hours a week for the employer

Usage – Service workers cannot use accrued paid sick leave until they have worked 680 hours of employment. The 680 hours must be hours actually worked and does not include any time off (e.g. vacation, paid time off...) taken by the service worker. The act sets forth two dates for employers to commence the counting of the 680 hours worked. Service worker that are currently employed begin to count the 680 hours on January 1, 2012. Service workers hired after that date begin to count the 680 hours upon their date of hire. Employers may waive this requirement or agree to an earlier date to begin counting. The 680 hour requirement is a one-time requirement. Once service workers meet the 680

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in the most recent complete calendar quarter.

hours, they never have to meet it again for the same employer. After the service workers meet the 680 hours requirement and seek to use accrued paid seek leave, they can use accrued time only if the service workers have worked an AVERAGE of 10 hours per week in the most recent completed calendar quarter.

Sec. 2(c) An employer shall be deemed to be in compliance with this section if the employer offers any other paid leave, or combination of other paid leave that:

(1) may be used for the purposes of section 3 of this act, and

(2) is accrued in total at a rate equal to or greater than the rate described in subsections (a) and (b) of this section. For the purposes of this subsection, "other paid leave" may include, but not be limited to, paid vacation, personal days or paid time off.

Deemed to be in compliance - Employers will be deemed to be in compliance with this law if they offer paid time off that either meets or exceeds the requirements of the act, meaning accrual and use rates, and reasons for the need for leave, etc.

Sec. 2(d) Each employer shall pay each service worker for paid sick leave at a pay rate equal to the greater of either (1) the normal hourly wage for that service worker, or (2) the minimum fair wage rate under section 31-58 of the general statutes in effect for the pay period during which the employee used paid sick leave. For any service worker whose hourly wage varies depending on the work performed by the service worker, the "normal hourly wage" shall mean the average hourly wage of the service worker in the pay period prior to the one in which the service worker used paid sick leave.

Pay rate – For service workers whose normal hourly wage is lower than minimum wage, such as service workers who earn a tip credit, they should be paid minimum wage for any paid sick leave hours that they use. In addition, overtime and commissions are not to be calculated and included in the determination of a service workers “normal hourly wage.”

Sec. 2(e) Notwithstanding the provisions Shift change – any decision to allow service workers

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of this section and sections 3 to 6, inclusive, of this act and upon the mutual consent of the service worker and employer, a service worker who chooses to work additional hours or shifts during the same or following pay period, in lieu of hours or shifts missed, shall not use accrued paid sick leave.

to exchange shifts in lieu of using paid sick leave must be agreed upon mutually by the service worker and employer. Employers cannot require service workers to work extra shifts to cover missed work in lieu of being paid sick leave. A service worker, who is permitted this shift change and works the alternate shift, shall not use accrued paid sick leave for the time missed.

Sec. 3(a) An employer shall permit a service worker to use the paid sick leave accrued pursuant to section 2 of this act: (1) For (A) a service worker's illness, injury or health condition,

(B) the medical diagnosis, care or treatment of a service worker's mental illness or physical illness, injury or health condition, or

(C) preventative medical care for a service worker; (2) For (A) a service worker's child's or spouse's illness, injury or health condition,

(B) the medical diagnosis, care or treatment of a service worker's child's or spouse's mental or physical illness, injury or health condition, or

(C) preventative medical care for a child or spouse of a service worker; and (3) Where a service worker is a victim of family violence or sexual assault

(A) for medical care or psychological or other counseling for physical or psychological injury or disability,

(B) to obtain services from a victim services organization,

(C) to relocate due to such family violence or sexual assault, or

(D) to participate in any civil or criminal proceedings related to or resulting from such family violence or sexual assault.

Reasons for leave - The reasons for the need for leave are broad and include not only the service worker’s need for leave, but the service worker’s children and spouse as well. However, the section that provides leave for family violence or sexual assault applies only to the service worker that is the victim of such acts, and not the service worker’s children or spouse. The need for leave due to family violence is similar to the leave provided in Connecticut General Statutes § 31-51ss, which provides 12 days of unpaid leave for victims of family violence. However, § 31-51ss mandates that the 12 unpaid days are in addition to any other leave, so the employer could not require the service worker to use those days concurrently with the paid sick leave.

Sec. 3(b) If a service worker's need to use Notice – Employers may require a maximum of 7

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paid sick leave is foreseeable, an employer may require advance notice, not to exceed 7 days prior to the date such leave is to begin, of the intention to use such leave. If a service worker's need for such leave is not foreseeable, an employer may require a service worker to give notice of such intention as soon as practicable. For paid sick leave of 3 or more consecutive days, an employer may require reasonable documentation that such leave is being taken for the purpose permitted under subsection (a) of this section. If such leave is permitted under subdivision (1) or (2) of subsection (a) of this section, documentation signed by a health care provider who is treating the service worker or the service worker's child or spouse indicating the need for the number of days of such leave shall be considered reasonable documentation. If such leave is permitted under subdivision (3) of subsection (a) of this section, a court record or documentation signed by a service worker or volunteer working for a victim services organization, an attorney, a police officer or other counselor involved with the service worker shall be considered reasonable documentation.

days notice if the service worker’s need to use paid sick leave is foreseeable. Otherwise, service workers must notify their employers of the need to use paid sick leave as soon as practicable. Employers may deny the use of paid sick leave to service workers who could have complied with required notice provisions but fail to do so. Documentation – Employers may only request reasonable documentation if the employee uses paid sick leave for 3 or more consecutive work day absences. The absences do no need to be full days, but rather may consist of any time taken off from work, during the day, as paid sick leave. In addition, the days are required to be consecutive work days rather than consecutive calendar days. For example, a service worker who is scheduled to work Monday, Wednesday and Friday, who uses paid sick leave for any portion of those three days in a row, could be required by his/her employer to obtain reasonable documentation from his/her health care provider. Unlike the FMLA, however, there is no provision for an employer to seek clarification of the health care provider’s note or a second opinion if the employer questions the documentation. Documentation for paid sick leave must be obtained from the service worker’s health care provider, or if the leave is for the service worker’s child or spouse, then from the child’s or spouse’s health care provider. For a service worker that uses paid sick leave due to either family violence or sexual assault, the service worker need only provide documentation of the need for leave from the appropriate person involved in or assisting the service worker as provided in the act.

Sec. 3(c) Nothing in sections 2 to 6, inclusive, of this act shall be deemed to require any employer to provide paid sick leave for a service worker's leave for any purpose other than those described in this section. 3(d) Unless an employee policy or

Miscellaneous - Employers do not have to provide any paid sick leave unless the reasons of the need for leave fall within those provided by the act in section 3(a). If a service worker uses paid sick leave for reasons not covered by section 3(a), the employer may discipline the service worker. An employer does not have to pay out any unused

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collective bargaining agreement provides for the payment of accrued fringe benefits upon termination, no service worker shall be entitled to payment of unused accrued sick leave under this section upon termination of employment. 3(e) Nothing in sections 2 to 6, inclusive, of this act shall be construed to prohibit an employer from taking disciplinary action against a service worker who uses paid sick leave provided under sections 2 to 6, inclusive, of this act for purposes other than those described in this section.

accrued sick leave upon termination of the service worker’s employment. As with fringe benefit pay outs, DOL will look to the employer’s policy to determine if the service worker should be paid for the unused accrued time.

Sec. 4(a) Nothing in sections 2 to 6, inclusive, of this act shall be construed to

(1) prevent employers from providing more paid sick leave than is required under sections 2 to 6, inclusive, of this act,

(2) diminish any rights provided to any employee or service worker under a collective bargaining agreement, or

(3) preempt or override the terms of any collective bargaining agreement effective prior to January 1, 2012.

Collective Bargaining Agreements (CBA) – A CBA that is in effect prior to January 1, 2012, including those that provide for less paid sick leave than is required under the act, shall remain in effect until the CBA is expired or renegotiated, whichever date is earlier. When the CBA expires, service workers that are members of that CBA must be provided paid sick leave in accordance with the act. In addition, when the CBA is renegotiated after January 1, 2012, the new CBA must comply with the provisions of the act.

Sec. 4(b) Nothing in sections 2 to 6, inclusive, of this act shall be construed to prohibit an employer

(1) from establishing a policy whereby a service worker may donate unused accrued paid sick leave to another service worker, and

(2) who provides more paid sick leave than is required under sections 2 to 6, inclusive, of this act for the purposes described in subdivision (1) of subsection (a) of section 3 of this act from limiting the amount of such leave a service worker may use for other purposes.

Donation - An employer may voluntarily establish a paid sick leave donation policy. Such donated leave will no longer be available for the service worker’s own use. Employers that provide more paid sick leave than is provided under the act may limit the reasons that such additional paid sick leave can be used.

Sec. 4(c) Any termination of a service worker's employment by an employer, whether voluntary or involuntary, shall be

Break in service – A break in service is a separation from employment, either voluntary or involuntary. Upon separation from employment, the service

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construed as a break in service. Should any service worker subsequently be rehired by the employer following a break in service, the service worker shall

(1) begin to accrue sick leave in accordance with section 2 of this act, and

(2) shall not be entitled to any unused hours of paid sick leave that had been accrued prior to the service worker's break in service unless agreed to by the employer.

worker loses any unused accrued paid sick leave hours; however, the service worker does not lose any of the hours worked toward the 680 hours of employment requirement. If the service worker returns to work at that same employer, then the service worker begins to accrue paid sick leave hours anew, but picks up where s/he left off regarding the 680 hours of employment requirement. For example, a service worker who worked part time for 7 months prior to a break in service, accrued 12 hours of paid sick leave and worked for the employer for 500 hours would return to work after the break in service with no accrued paid sick leave and 500 hours of work towards the 680 hour requirement. In addition, the requirement of section 2(b) still applies, whereby a service worker who seeks to use accrued paid sick leave must have worked an average of 10 hours per week in the most recent completed calendar quarter. As a result, the service worker who returns to employment would not be able to use any paid sick leave until s/he meets that requirement.

Sec. 5(a) No employer shall take retaliatory personnel action or discriminate against an employee because the employee (1) requests or uses paid sick leave either in accordance with sections 2 and 3 of this act or in accordance with the employer's own paid sick leave policy, as the case may be, or (2) files a complaint with the Labor Commissioner alleging the employer's violation of sections 2 to 6, inclusive, of this act. Sec. 1(6) "Retaliatory personnel action” means any termination, suspension, constructive discharge, demotion, unfavorable reassignment, refusal to promote, disciplinary action or other

Retaliation - Although only service workers are entitled to paid sick leave pursuant to this act, certain provisions of the discrimination and retaliation section apply to all employees engaged in service to the employer. The discrimination and retaliation prohibitions can be broken down into three categories:

(1) Employers are prohibited from discriminating or retaliating against a service worker because the service worker requested or used paid sick leave.

(2) Employers are prohibited from discriminating or retaliating against an employee because the employee requests or uses paid sick leave in accordance with the employer's own paid sick leave policy.

As noted, this applies to ANY EMPLOYEE (not

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adverse employment action taken by an employer against an employee or a service worker.

just service workers) and DOL will enforce whatever is in the employer’s paid sick leave policy.

(3) Employers are prohibited from retaliating or discriminating against an employee (including service workers) who files a complaint with the Labor Commissioner alleging violations of the act.

Sec. 5(b) The Labor Commissioner shall advise any employee who

(1) is covered by a collective bargaining agreement that provides for paid sick days, and

(2) files a complaint pursuant to subsection (a) of this section, of his or her right to pursue a grievance with his or her collective bargaining agent.

CBA - DOL will accept any complaint filed by a service worker who is also a member of a CBA that alleges that his/her employer violated the provisions of sections 2 to 4 (including accrual, usage, pay rate...), section 5(a)(2) (files a complaint with the Labor Commissioner alleging the employer's violation of sections 2 to 6), and section 6 (notice), of this act. DOL will advise any service workers filing such a complaint that they have a right to pursue a grievance pursuant to their CBA as well. Service workers who are also members of CBAs do not have a right to file a complaint alleging violations of section 5(a)(1) (requesting or using paid sick leave pursuant to an employer’s policy), because a CBA is not an “employer’s policy.”

5(c) Any employee aggrieved by a violation of the provisions of sections 2 to 6, inclusive, of this act may file a complaint with the Labor Commissioner. Upon receipt of any such complaint, said commissioner may hold a hearing. After the hearing, any employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated the provisions of subsection (a) of this section shall be liable to the Labor Department for a civil penalty of $500 for each violation. Any employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated the provisions of sections 2 to 4, inclusive, or section 6 of

Complaint process - When a complaint is filed, DOL has discretion regarding whether the complaint will go to a hearing. If a hearing is held, DOL will hold a formal administrative hearing pursuant to the Uniform Administrative Procedure Act. The parties may either represent themselves or hire legal counsel to represent them at any stage of the complaint process. As part of the complaint process, DOL will engage the parties in mediation to try to resolve the complaint. After a formal administrative hearing, if the Labor Commissioner finds that the employer, by a preponderance of the evidence, has violated the act, the employer will be liable for civil penalties. The Labor Commissioner also has the ability to award the aggrieved complainant reinstatement, back wages, payment for use of paid sick leave, and reestablishment of benefits.

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this act shall be liable to the Labor Department for a civil penalty of up to $100 for each violation. The Labor Commissioner may award the employee all appropriate relief, including the payment for used paid sick leave, rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if the employee had not been subject to such retaliatory personnel action or discriminated against. Any party aggrieved by the decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54 of the general statutes.

Parties may appeal the Labor Commissioner’s final decision to Superior Court. There is no private right of action otherwise.

Sec. 6 Each employer subject to the provisions of section 2 of this act shall, at the time of hiring, provide notice to each service worker (1) of the entitlement to sick leave for service workers, the amount of sick leave provided to service workers and the terms under which sick leave may be used, (2) that retaliation by the employer against the service worker for requesting or using sick leave for which the service worker is eligible is prohibited, and (3) that the service worker has a right to file a complaint with the Labor Commissioner for any violation of this section and of sections 2 to 5, inclusive, of this act. Employers may comply with the provisions of this section by displaying a poster in a conspicuous place, accessible to service workers, at the employer's place of business that contains the information required by this section in both English and Spanish.

Poster - Employers subject to the provisions of this act must provide appropriate notice to service workers of the laws entitlements. DOL will issue posters that employers may use to satisfy this notice requirement.

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Jackson Lewis LLP N O V E M B E R 2 0 1 1 U P D A T E C T ’ S P A I D S I C K L E A V E L A W Q & A

Appendix C

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