Q: If I already provide paid time off to my employees, do I still have to provide paid sick leave under Connecticut law?

A: Maybe. It depends on how your PTO policy is structured. This is one of the most common questions employers ask since Connecticut expanded its paid sick leave law.

Connecticut law does not require employers to provide PTO beyond the newly expanded law.

Of course, there are requirements for unpaid, job protected leave such as Connecticut FMLA, FMLA, and other unpaid leaves in accordance with state statutes; but those leaves are not the same as paid time off.

Notably, many employers already offer generous PTO banks and assume they automatically satisfy the law’s requirements.

Whether that is the case boils down to whether your PTO policy provides employees with the same rights and protections required under paid sick leave.

The good news is that Connecticut does not require employers to maintain separate PTO and paid sick leave banks.

An employer may use a single PTO policy to satisfy paid sick leave requirements if the PTO:

• Accrues at a rate that meets or exceeds the law’s requirements
• Can be used for all reasons permitted under CT PSL
• Provides employees with the same protections required by the law
• Meets the law’s carryover and usage requirements

In other words, if employees can use PTO for all qualifying sick leave purposes and the policy is at least as generous as the statute requires, one bank may satisfy both obligations.

For many...

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