Windham Region Chamber of Commerce

Webinars

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CT PAID LEAVE-YOUR OBLIGATIONS, RESPONSIBILITIES & LIABILITIES

This is not like the Federal FMLA that has been around for decades.  This is a new state program.  If you (for profit or nonprofit) have one employee or more (if you give a W2 form to one or more people at the end of the year-whether you are an owner or not) THIS APPLIES TO YOU!  (It does not apply to federal, state, municipal employees)
We hosted a webinar with the CEO of CT Paid Leave on Feb 5.  Here are some important takeaways:
1.  This program started Jan 1, 2021.
2.  You should have started deducting 0.5% of your employees earnings from their pay.
3.  If you have not done so you must begin immediately OR YOU WILL PAY THIS AMOUNT OUT OF YOUR OWN MONEY!
4.  You can collect retroactively (in case you did not start) up until the second quarter April 1, 2021.
5.  If you are collecting retroactively you can collect up to 1% of your employees pay until you have caught up.
6.  Register your business (use firefox or google chrome-internet explorer does not work).
7. Create your account at business.ct.gov.  You will get an acknowledgment email-make sure you click “acknowledge”.
8.  You will need your federal employer ID numer FEIN and your NAICS number.
9.  Once registered go to ctpaidleave.org to get started.
10.  You will need to identify a person at your company that will be handling any CTPFMLA requests and make decisions.
11.  If you are using a payroll company they do not need your credentials, they are a 3rd party administrator and need only your FEIN.
If an employee applies for leave you need to ask yourself these 2 questions:
1.  Are they eligible for job protected leave?
2.  Are they eligible for income replacement?
As the employer they must still go to you and request time off from work, then they go to the Paid Leave Authority to apply for benefits.
You should be displaying information on this program at your workplace like all the other employee rights.  You SHOULD send a copy of the employee rights and information about the program to your employees working virtual to make sure you have notices all of them properly.
The Paid Leave Authority is very aware that there is some abuse of the current FMLA programs and are undertaking legal strategies to identify these abuses and counter them.  They are also working on making this process streamlined by combining forms with the federal program.
As an employer you have the right to request medical documentation in writing.  You can require that they take a medical examination and it can be with a doctor of your choosing that is not the employee’s doctor.  You can also ask for a second or third medical opinion from a doctor that is not the employee’s.
Employers also have the right to opt out of the state program and choose a private plan.  The advantage here is that you will have more control over your company’s “benefit program coordination” and can streamline the process for your employees.  This would be a consideration for a larger company with a benefits administrator.  The disadvantage is that it can be more expensive than the state program.
LLC’S WHERE YOU ARE AN “EMPLOYEE”
Whether your company is a sole proprietor or it was created as a LLC where you are an employee, if you are the only person working for the company, you are considered a sole proprietor.  This means you can chose to opt in or not.  You will NOT be considered the same as a company with one employee where you are automatically required to participate.  Sole proprietors can opt into the program but they cannot begin to collect benefits for three years.
The last concern about giving leave to care for someone “like a family member” was addressed.  This gives many small business owners heart palpitations.  The Authority has not finalized this yet but did say that there would be some sort of “proof” or validation required to say you are “like an uncle” and are awaiting guidance from the Department of Labor who is cautious of employees rights to privacy.
Special categories of leave will include 12 days for victims of domestic violence and 26 weeks for Military Caregiver leave and Military Exigency Leave.
In case you are confused about federal v. state FMLA, think of it this way… the current CT FMLA is not paid and only applies to companies with 75 or more employees.  This will go away and will be replaced with the new paid program that begins in January of 2022 and applies to companies with only 1 or more employees.
Job protected leave includes…
1.  Federal FMLA (unpaid) for companies over 50 employees
2.  CT FMLA (unpaid for this year, paid next year) for companies over 75 employees this year, over 1 employee next year
3.  Workers Compensation (cannot collect this and FMLA at the same time) claims
4.  Americans with Disabilities (ADA) claims
5.  Pregnancy related claims
6.  CT Fair EMployment Act claims
One more layer of information…. if you or your company has a short or long term disability plan, you should contact them and discuss how they integrate with the new state PFMLA.  Some plans will not pay out to customers as long as they are also collecting paid benefits from FMLA or any other source.  You should determine when they will pick up the claim (how many weeks after the start of the claim) if paid FMLA begins immediately.  For example, if your short term disability normally covers you from day 1 to 12 weeks, and your CT paid FMLA covers you from day 1 to 12 weeks, you will not be able in most cases to collect from both sources.  You want to make sure your short term disability will start coverage from 12 weeks forward when the CT paid leave stops.  This of course only covers claims where you are sick or injured but it is important to work out with your carriers or agents.
We will continue to keep you updated as things progress.  You can find the video of our webinar on our You Tube Channel.

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IF YOU HAVE MISSED ANY OF OUR EDUCATIONAL OR INFORMATIVE WEBINARS FIND THEM ON OUR YOU TUBE CHANNEL

These webinars are full on info on the SBA programs, PPP and re-opening CT businesses.  Many contain questions and answers that delve deep into the issue or industry and can only be found here.  We have been careful to choose the best speakers with the most accurate information so that you are not mislead.  If you have a topic or want info on something we haven’t covered, please email us and let us know.

CHAMBER YOU TUBE CHANNEL

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CHAMBER WEBINAR WITH DECD ABOUT REOPENING:

Here is the webinar for you to listen to:  DECD REOPENING WEBINAR
You are allowed to have a tag/yard sale.
Flea markets are allowed and must register under retail.
People over 65 years are not mandated to stay home, only recommended to do so.
Families of more than 5 living together can go to restaurants and the beach together.
Essential businesses cannot make someone leave their business who does not wear a mask because of a medical condition.
A Non-essential business can refuse service to anyone, even someone with a medical condition, who does not wear a mask.
Employees who cannot wear a mask because of a medical condition should probably not be working as they are compromised and susceptible to the virus.
It is mandatory to install some kind of barrier at your register. Does not have to be plexiglas. Can hang barrier from the ceiling.
Cash is still good, although touchless payment is best.
You do not have to track people coming into your business, no names and phone numbers.
Hand sanitizer can be right inside your door instead of outside.
Signage in multiple languages should be in those languages your employees speak.
Bathrooms do not have to be disinfected after EVERY use. Cleaning will depend on amount of use.
Employers have to supply face masks but they do not have to be medical masks (unless otherwise stated), they can be cloth masks that are reusable and washable.
You do not have to take your employees’ temperatures, they have to report their health. They should take their own.
Separate entrance and exit is recommended but not mandatory if there is no option.
Salon capes must be laundered, which means washed in a washing machine, after every use. Not sprayed with disinfectant.
Customers can bring in their coats, books, phones, drink but they are encouraged to do so minimally.
Stylists must wear face shields at all times with customers.
A stylist can have more than one customer to work on in the store at one time as long as they are separated and at 50% capacity.
If you work outside and follow social distancing and mask wearing you can be open (like a photographer taking outside shots).
If you salon sells products and you register as retail, customers can come into your salon to purchase but the 50% occupancy must be followed. Curbside pick-up a good option.
You can give music or art lessons in your customer’s private home or outside one on one. you cannot give lessons in your store or in groups larger than 5.
Outdoor weddings will be allowed to happen earlier than indoor weddings. Maybe Phase 3.
Farmers markets are allowed with food only vendors.
Service stations, dining tables, places where customers are located must be 6’ apart, you cannot install a barrier between tables or workstations to prevent separation of 6’.