Connecticut Independent Schools Face Major Leave Law Changes This Fall

New Requirements for Independent School Employees Take Effect October 1, 2025

Starting October 1, 2025, Connecticut independent schools will experience a significant shift in how they handle employee leave benefits. Public Act 25-174 extends two key state programs—the Connecticut Family Medical Leave Act (CT FMLA) and Connecticut Paid Family Medical Leave (CT Paid Leave)—to all non-certified school employees. This change represents a major expansion for independent schools, which have been largely exempt from these requirements until now.

The new law affects a broad range of school personnel, including bus drivers, custodians, paraprofessionals, cafeteria staff, administrative personnel, and anyone else whose position doesn't require professional certification. For many independent schools that operate with minimal unionization and don't typically require professional certification for most positions, this means virtually all employees will become eligible for these benefits once they meet the basic eligibility requirements.

Understanding the Two Different Programs

The expansion involves two distinct but complementary programs that schools must now navigate. The Connecticut Family Medical Leave Act (“CT FMLA”) provides job-protected unpaid leave, functioning similarly to the federal FMLA but with some important differences. Under CT FMLA, eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for qualifying reasons, with an additional 2 weeks available for certain pregnancy-related conditions. The key benefit here is job protection—employees have the right to return to their same position or an equivalent one when their leave ends.

Connecticut Paid Family Medical Leave (“CT Paid Leave”) operates differently, focusing on income replacement rather than job protection. This program provides eligible employees with partial wage replacement during their leave, funded through a 0.5% payroll tax deducted from employee paychecks. Importantly, CT Paid Leave does not provide job protection on its own—employees must rely on CT FMLA, federal FMLA, or other applicable laws for that security.  Though employers are responsible for ensuring the appropriate payroll deduction, the CT Paid Leave Authority (“Authority”) is the state agency that administers this program.

These programs often run concurrently, with employees potentially receiving both job protection through CT FMLA and income replacement through CT Paid Leave. However, the application processes differ significantly. For CT FMLA, employees apply directly to their employer for job-protected leave. For CT Paid Leave, employees must apply directly to the Connecticut Paid Leave Authority, not their employer, for income replacement benefits.

Who decides if an employee qualifies for income replacement? This is a common source of confusion for independent schools. The Connecticut Paid Leave Authority—not the employer—makes all eligibility determinations and benefit calculations for CT Paid Leave. Schools are not involved in approving or denying these benefits, though they may need to provide employment verification or other documentation to support employee applications.

Eligibility Requirements and Qualifying Reasons

The eligibility requirements for each program reflect their different purposes and funding mechanisms.

• For CT FMLA, employees need only to have worked for the school for at least three months during the previous twelve-month period. Unlike federal FMLA, there's no minimum hours requirement for the CT FMLA, making it more accessible to part-time and seasonal employees.
• CT Paid Leave has different eligibility criteria tied to wage earnings. Employees must currently work for the school or have worked within the 12 weeks immediately before their need for benefits began. Additionally, they must have earned at least $2,325 during their highest-earning quarter within the designated base period. Recognizing that school employees often have unique employment patterns with summer breaks and seasonal variations, the law allows the Authority to establish alternative calculation methods specifically for non-certified school employees.

What about summer employees or substitute teachers? This is particularly relevant for independent schools with seasonal staffing. The Authority is currently developing special calculation methods to account for the unique employment patterns of school personnel, including summer breaks and intermittent work schedules. These guidelines should provide clarity on how base periods and benefit eligibility will be determined for employees who don't work traditional year-round schedules.

What events trigger eligibility for these programs?

Both programs cover the same core qualifying reasons for leave. These include the birth or adoption of a child and care for that child within the first year, caring for a family member with a serious health condition, the employee's own serious health condition, serving as an organ or bone marrow donor, addressing military family emergencies, and caring for injured military family members.

Notably, CT Paid Leave includes one additional qualifying reason: addressing issues arising from being a victim of family violence or sexual assault.

Financial and Administrative Implications

The financial impact on independent schools varies between the two programs. CT FMLA imposes no direct costs on employers, though schools will need to manage the administrative burden of processing leave requests and ensuring compliance.  CT Paid Leave requires more active financial management, as schools must deduct the 0.5% payroll tax from all employee paychecks and remit these contributions to the Authority on a quarterly basis.

Beyond the direct costs, independent schools face significant administrative challenges. They'll need to establish systems for tracking and transferring contributions to the Authority, which may require coordination with payroll departments or external vendors. The quarterly reporting requirements and the need to maintain records for at least three years add ongoing compliance obligations.

Independent schools will also need to coordinate these new programs with existing paid time off policies. Under CT Paid Leave regulations, employers may require employees to use accrued PTO concurrently with CT Paid Leave benefits, provided the total compensation doesn't exceed the employee's regular rate. Similarly, CT FMLA allows employers to require the use of accrued PTO during leave, though employees must be allowed to retain at least two weeks of accrued time off.

Can we require employees to use their PTO during leave? Yes, but with important limitations that independent schools must understand. For CT Paid Leave, employees can be required to use accrued PTO alongside their state benefits, but their total compensation cannot exceed their regular rate of pay. For CT FMLA leave, schools can require PTO usage, but employees must be allowed to retain at least two weeks of accrued time off. This means schools will need to carefully track and calculate how PTO policies interact with these new leave programs.

How do federal FMLA and these state programs interact? This is one of the most complex areas independent schools will need to navigate. The programs can run concurrently, with the more favorable provisions applying to the employee. However, eligibility requirements differ significantly—federal FMLA requires 12 months of employment and 1,250 hours worked, while CT FMLA only requires three months of employment with no hours requirement. This means some employees may qualify for state benefits but not federal ones, or vice versa.

Additionally, CT FMLA covers more qualifying reasons than federal FMLA, creating situations where employees might have state-level job protection for circumstances not covered by federal law.

Immediate Steps for Compliance

With the October 1, 2025 effective date approaching, independent schools need to begin preparation immediately.

• The first critical step is registering with the Connecticut Paid Leave Authority, which can be done through their website at ctpaidleave.org. This registration process includes understanding the quarterly wage reporting requirements and establishing the necessary record-keeping systems.
• Schools should also begin updating their payroll systems to accommodate the new 0.5% tax deduction. This may require working with payroll providers to ensure proper withholding and remittance procedures are in place. The transition period before October 1 provides an opportunity to test these systems and train staff on the new procedures.
• Policy updates represent another major area of preparation. Employee handbooks and leave policies will need comprehensive revision to reflect the new eligibility criteria and benefit structures. These updates should clearly explain how CT FMLA and CT Paid Leave interact with each other and with existing federal FMLA coverage, as the interplay between these programs can be complex.

Training and Communication Strategies

There are a number of important training and communication strategies that should also be implemented.

• Human resources personnel will need extensive training on the new laws and regulations to effectively manage leave requests and maintain compliance. This training should cover not only the technical requirements but also the practical aspects of coordinating multiple leave programs and managing employee expectations.
• Employee communication is equally important. Schools must inform all employees about their new rights and benefits, including eligibility requirements, application processes, and anti-retaliation protections. This communication should be ongoing rather than a one-time announcement, as employees may need reminders and clarification as situations arise.

What are the notice requirements? Independent schools must provide notices to employees about their leave rights, including posting required notices about leave entitlements and providing individual notices when employees request leave or when the school has reason to believe an employee may need leave benefits. Employees, in turn, must provide advance notice to their employer when leave is foreseeable, following the same general principles as federal FMLA.

Navigating Complex Interactions

One of the most challenging aspects of compliance will be managing the interaction between CT FMLA, CT Paid Leave, and federal FMLA. These programs can run concurrently, but they don't always align perfectly. Federal FMLA may apply to some employees who don't qualify for the state programs, while the state programs may cover situations not addressed by federal law.

The timing of benefit entitlements adds another complexity, particularly given the October 1, 2025 implementation date. Independent schools will need to carefully track how different leave entitlements interact and ensure employees receive the most favorable treatment available under applicable laws.  It may make sense to start tracking this at the beginning of the school year rather than waiting for the official change to the law. 

For independent schools with unique employment patterns, such as those with significant seasonal variation or complex staffing arrangements, the calculation of base periods and benefit eligibility may require special attention.

The Authority's development of alternative calculation methods for school employees should provide helpful guidance, but schools may need to adapt their practices as these guidelines become available.

Looking Ahead

As Connecticut independent schools prepare for these changes, the focus should be on building sustainable compliance systems rather than simply meeting the minimum requirements. What does this entail? This means establishing clear policies, training staff thoroughly, and creating systems that can adapt as regulations and guidance evolve.

Independent schools should also consider the broader implications of these changes for their employment practices and employee relations. The expansion of leave benefits may affect recruitment and retention, particularly for positions that have traditionally offered limited benefits. Understanding these broader impacts can help schools develop comprehensive strategies for managing their workforce under the new requirements.

Given the complexity of these changes and their significant impact on independent school operations, most schools will benefit from legal counsel during the implementation process.

This is particularly important for policy development, compliance planning, and staff training to ensure that independent schools not only meet their legal obligations but also create positive experiences for employees who need to use these benefits.

The October 1, 2025 deadline will arrive quickly, making immediate action essential. Schools that begin preparation now will be better positioned to implement these changes smoothly and maintain compliance with Connecticut's expanded leave requirements. The investment in proper preparation and systems will pay dividends in reduced administrative burden and improved employee relations as these new programs become part of the regular operational landscape.