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CT Paid Leave Authority: Nonpublic school employees without certification now covered under new law
Summary
The CT Paid Leave Authority explained that Public Act 25-174 extends Connecticut Paid Leave and Connecticut FMLA coverage to employees of public school operators and nonpublic elementary and secondary schools whose positions do not require state certification, and described how the Authority will account for alternate pay calendars in eligibility and benefit calculations.
Amber Forrest, executive assistant for the CT Paid Leave Authority, said the Authority will apply Public Act 25-174 to extend CT Paid Leave and Connecticut FMLA protections to employees of public school operators and nonpublic elementary and secondary schools when the position held by the employee is not established as requiring certification.
The law creates a distinction based on whether the position itself requires certification under Chapter 166 of the Connecticut General Statutes, not on whether an individual employee happens to hold a certificate. Forrest said this means that for most nonpublic schools the Authority anticipates the entire staff will be covered because their positions do not require certification.
Under the change, the Authority may use discretion to account for alternate pay calendars when determining eligibility and calculating benefits, Forrest said. The Authority also established a separate Connecticut FMLA eligibility requirement for school employees tied to the certification status of the position.
Forrest reiterated that CT Paid Leave and FMLA are separate programs: CT Paid Leave provides income-replacement benefits administered by the CT Paid Leave Authority, while federal and state FMLA provide job-protected leave and are administered and regulated by employers and the relevant labor departments. She warned that eligibility rules differ: federal FMLA generally requires 12 months of employment and 1,250 hours worked in the prior 12 months and applies to employers with 50 or more employees within a 75-mile radius; Connecticut FMLA typically requires three months of employment, and for noncertified school employees the statute requires at least three months of employment during the previous 12 months with the relevant school operator.
The Authority will publish and seek comment on rules related to wage calculations and eligibility; attendees were directed to submit written comments to michael.caesar@ct.gov, Forrest said. The webinar ended with contact information and a reminder that slides and a recording would be provided to attendees.
The next procedural step will be the Authority's rulemaking and public comment period for the proposed quarterly-wage calculation guidance.
