Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Appendix B

Current through July 10, 2024
Sections
				31-51r
				through
				31-51w
				of the Connecticut General Statutes
An Act Concerning Family and Medical
				Leave Benefits for Certain Municipal
				Employees
Basic Leave
				Entitlement
FMLA requires covered employers to provide up to 12 weeks of
				unpaid, job-protected leave to eligible employees for the following
				reasons:
[DOT] For incapacity due to pregnancy, prenatal medical care or
				child birth;
[DOT] To care for the employee's child after birth, or
				placement for adoption or foster care;
[DOT] To care for the employee's spouse, son or daughter, or
				parent, who has a serious health condition; or
[DOT] For a serious health condition that makes the employee
				unable to perform the employee's job.
Military Family Leave
				Entitlements
Eligible employees with a spouse, son, daughter, or parent on
				active duty or call to active duty status in the National Guard or Reserves in
				support of a contingency operation may use their 12-week leave entitlement to
				address certain qualifying exigencies. Qualifying exigencies may include
				attending certain military events, arranging for alternative childcare,
				addressing certain financial and legal arrangements, attending certain
				counseling sessions, and attending post-deployment reintegration
				briefings.
FMLA also includes a special leave entitlement that permits
				eligible employees to take up to 12 weeks of leave to care for a covered
				servicemember during a single 12-month period. A covered servicemember is a
				current member of the Armed Forces, including a member of the National Guard or
				Reserves, who has a serious injury or illness incurred in the line of duty on
				active duty that may render the servicemember medically unfit to perform his or
				her duties for which the servicemember is undergoing medicaltreatment,
				recuperation, or therapy; or is in outpatient status; or is on the temporary
				disability retired list.
Benefits and
				Protections
During FMLA leave, the employer must maintain the employee's
				health coverage under any "group health plan" on the same terms as if the
				employee had continued to work. Upon return from FMLA leave, most employees
				must be restored to their original or equivalent positions with equivalent pay,
				benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment
				benefit that accrued prior to the start of an employee's leave.
Eligibility
				Requirements
Employees are eligible if they have worked for a political
				subdivision for at least one year and for 950 hours over the previous 12
				months.
Definition of Serious Health
				Condition
A serious health condition is an illness, injury, impairment,
				or physical or mental condition that involves either an overnight stay in a
				medical care facility, or continuing treatment by a health care provider for a
				condition that either prevents the employee from performing the functions of
				the employee's job, or prevents the qualified family member from participating
				in school or other daily activities.
Subject to certain conditions, the continuing treatment
				requirement may be met by a period of incapacity of more than 3 consecutive
				calendar days combined with at least two visits to a health care provider or
				one visit and a regimen of continuing treatment, or incapacity due to
				pregnancy, or incapacity due to a chronic condition. Other conditions may meet
				the definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one
				block. Leave can be taken intermittently or on a reduced leave schedule when
				medically necessary. Employees must make reasonable efforts to schedule leave
				for planned medical treatment so as not to unduly disrupt the employer's
				operations. Leave due to qualifying exigencies may also be taken on an
				intermittent basis.
Substitution of Paid Leave for Unpaid
				Leave
Employees may choose or employers may require use of accrued
				paid leave while taking FMLA leave. In order to use paid leave for FMLA leave,
				employees must comply with the employer's normal paid leave policies.
Employee
				Responsibilities
Employees must provide 30 days advance notice of the need to
				take FMLA leave when the need is foreseeable. When 30 days notice is not
				possible, the employee must provide notice as soon as practicable and generally
				must comply with an employer's normal call-in procedures.
Employees must provide sufficient information for the employer
				to determine if the leave may qualify for FMLA protection and the anticipated
				timing and duration of the leave. Sufficient information may include that the
				employee is unable to perform job functions, the family member is unable to
				perform daily activities, the need for hospitalization or continuing treatment
				by a health care provider, or circumstances supporting the need for military
				family leave. Employees also must inform the employer if the requested leave is
				for a reason for which FMLA leave was previously taken or certified. Employees
				also may be required to provide a certification and periodic recertification
				supporting the need for leave.
Employer
				Responsibilities
Covered employers must inform employees requesting leave
				whether they are eligible under FMLA. If they are, the notice must specify any
				additional information required as well as the employees' rights and
				responsibilities. If they are not eligible, the employer must provide a reason
				for the ineligibility.
Covered employers must inform employees if leave will be
				designated as FMLA-protected and the amount of leave counted against the
				employee's leave entitlement. If the employer determines that the leave is not
				FMLA-protected, the employer must notify the employee.
Unlawful Acts by
				Employers
FMLA makes it unlawful for any employer to:
[DOT] Interfere with, restrain, or deny the exercise of any
				right provided under FMLA;
[DOT] Discharge or discriminate against any person for opposing
				any practice made unlawful by FMLA or for involvement in any proceeding under
				or relating to FMLA.
Enforcement
An employee may file a complaint with the Connecticut
				Department of Labor.
FMLA does not affect any Federal or State law prohibiting
				discrimination, or supersede any State or local law or collective bargaining
				agreement which provides greater family or medical leave rights.