While the CT Paid Leave program applies to all employers with one or more employees, employers may apply for an exemption if they intend to offer the same benefits through a private plan. In order to qualify, the private plan must offer all employees all of the same rights, protections, and benefits as the CT Paid Leave program. You can learn more about private plans here. To apply for a private plan, employers must first register with the CT Paid Leave Authority. During registration, you will be given the opportunity to declare your intent to offer a private plan and will be prompted to begin the application process.
In order to be approved, a private plan must:
• Offer at least the same number of weeks of benefits and at least the same level of wage replacement for each week of benefits.
• Deduct the same amount from employees’ paychecks as the state plan.
• Cover all employees, current and future, through the duration of their employment.
• Be approved by a majority of your employees (50%+1) through a private vote.
• Include no additional requirements or conditions.
• Remain compliant with any additional requirements established by the CT Paid Leave Authority.
An employer may require their employees (or may allow their employees to choose) to use their accrued paid time off concurrently with Connecticut Paid Leave, provided that the total compensation received by the employee cannot exceed the employee's regular rate of compensation. The CT FMLA statute also states that an employer may require an employee to use accrued vacation time while they are out of work on CT FMLA leave (whether or not the employee seeks benefits from the CT Paid Leave Authority) provided that the employer must allow the employee to retain at least two weeks of vacation leave or equivalent paid time off.
So employers have three options as we see it:
1. Require top off (retaining 2 weeks of PTO, unless waived by employee)
2. Allow for top off at employee’s discretion (retaining 2 weeks of PTO, unless waived by employee)
3. Don’t allow for top off
Whichever you choose - be sure to put this in writing in your handbook!
The information on this site is intended to provide guidance only and is not intended as legal advice. All reasonable efforts have been made to ensure the accuracy of the information contained herein. OneDigital shall not be liable for reliance by any individual or organization upon the contents of this site. This Employer Q&A is made available by OneDigital for educational purposes only. Please consult with your local advisory team member for advice specific to your situation.