With a proper deal of fanfare, Gov. Ned Lamont Tuesday signed a new paid family and medical leave bill mandating that every non-public organization with at least one employee have 12 weeks of a paid circle of relatives leave in 12 months. As a result, Connecticut turns into handiest the seventh state within the usa to have this type of bill at the books. When it takes effect on Jan. 1, 2022, the law will mandate unpaid depart for up to sixteen weeks in a 24-month duration for employers with at least 75 employees. But for now, employment attorneys representing each employee and employers are scrambling to study the first-class print.
Here are some key takeaways:
The new law does now not permit for a private proper of movement, which means employees cannot record a lawsuit towards employers who would possibly violate the regulation’s provision. Instead, personnel can report a criticism with the national Department of Labor, which would do research.
Deborah McKenna, secretary of the Connecticut Employment Lawyers’ Association and a legal professional with the Hartford-based Hayber Law Firm, testified in March at the Legislative Office Building in support of the law. She said the sweeping law is very high quality and proactive and, concerning such issues because the no-lawsuit provision, stated: “there had been compromises to get the overall bill passed.”
W. John Thomas, a professor of regulation at Quinnipiac University School of Law, believes the no-lawsuit provision could impact employment lawyers. “There may be much less work for attorneys within the area,” said Thomas, who additionally has a grasp’s degree in public health. “The Department of Labor hearings will be much quicker and less difficult than a tribulation. It will streamline the system. You will not need to wait around for a jury trial to resolve the issue or to select juries.”
If the Department of Labor policies that an agency violated a worker’s right, McKenna said that worker might be entitled to reinstatement, misplaced wages and other advantages lost for being discriminated against in opposition to or fired. McKenna said: “My personal experience is that the individuals who work on the Wage and Workplace Standards Division with the Department of Labor are comprehensive when it comes to investigating FMLA [Family and Medical Leave Act] violations.”
New filing window?
McKenna said the brand new regulation doesn’t specify how long a worker who changed into discriminated against has to record a criticism with the Department of Labor. The modern hints country that an employee has 180 days to accomplish that.
If that one hundred eighty-day time frame stands when the new law takes effect, Thomas stated, employment lawyers who represent plaintiffs need to tell their customers “the administrative lawsuits have short timelines. You can lose your rights unless you record a claim in no time.”
According to McKenna, the brand new regulation has exemptions for personnel of the kingdom and municipalities anda staff of nonpublic standard and secondary colleges. It additionally exempts employees from the neighborhood and regional forums of training. The plan is paid for from a 0.5% payroll tax levied on all employees.