Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-26 - Employer recovery of benefit costs (29 CFR Section 825.213)

Current through July 10, 2024
(a) In addition to the circumstances
			 discussed in section
			 31-51rr-25(b) of
			 the Regulations of Connecticut State Agencies, an employer may recover its
			 share of health plan premiums during a period of unpaid FMLA leave from an
			 employee if the employee fails to return to work after the employee's FMLA
			 leave entitlement has been exhausted or expires, unless the reason the employee
			 does not return is due to:
(1) The
			 continuation, recurrence, or onset of either a serious health condition of the
			 employee or the employee's family member, or a serious injury or illness of a
			 covered servicemember, which would otherwise entitle the employee to leave
			 under FMLA; or
(2) Other
			 circumstances beyond the employee's control. They include such situations as
			 where a parent chooses to stay home with a newborn child who has a serious
			 health condition; an employee's spouse is unexpectedly transferred to a job
			 location more than seventy-five (75) miles from the employee's worksite; a
			 relative or individual other than a covered family member has a serious health
			 condition and the employee is needed to provide care; or the employee is laid
			 off while on leave. Other circumstances beyond the employee's control would not
			 include a situation where an employee desires to remain with a parent in a
			 distant city even though the parent no longer requires the employee's care, or
			 a parent chooses not to return to work to stay home with a well, newborn
			 child.
(3) When an employee fails
			 to return to work because of the continuation, recurrence, or onset of either a
			 serious health condition of the employee or employee's family member, or a
			 serious injury or illness of a covered servicemember, thereby precluding the
			 employer from recovering its share of health benefit premium payments made on
			 the employee's behalf during a period of unpaid FMLA leave, the employer may
			 require medical certification of the employee's or the family member's serious
			 health condition or the covered servicemember's serious injury or illness. Such
			 certification is not required unless requested by the employer. The cost of the
			 certification shall be borne by the employee, and the employee is not entitled
			 to be paid for the time or travel costs spent in acquiring the certification.
			 The employee is required to provide medical certification in a timely manner
			 which, for purposes of this section, is within thirty (30) days from the date
			 of the employer's request. For purposes of medical certification, the employee
			 may use the optional Labor Department forms developed for these purposes
			 (
see
Appendix B of this part). If the employer requests
			 medical certification and the employee does not provide such certification in a
			 timely manner or within thirty (30) days, or the reason for not returning to
			 work does not meet the test of other circumstances beyond the employee's
			 control, the employer may recover one hundred (100) percent of the health
			 benefit premiums it paid during the period of unpaid FMLA leave.