reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 31 - Labor › 49p › Section 31-49p-9 - Decision

Current through July 10, 2024
(a) Each appeal to the commissioner shall be
			 decided no later than ninety (90) calendar days after the due date for written
			 argument or, if applicable, the date the commissioner supplements the record or
			 concludes any hearing, whichever is latest. Except for a decision dismissing an
			 appeal pursuant to section 31-49p-4 of the Regulations of Connecticut State
			 Agencies, the commissioner's decision shall affirm, reverse, or modify the
			 decision of the authority, employer with a private plan or third-party
			 administrator, as applicable, denying compensation under the program or under a
			 private plan, or imposing a penalty pursuant to section 3 l-49r of the
			 Connecticut General Statutes.
(b)
			 The commissioner's decision shall include findings of fact, a citation to the
			 law involved and a case history summarizing the proceedings, including whether
			 a hearing was conducted.
(c) The
			 commissioner's decision on an appeal shall become final on the thirty-first
			 (31) calendar day after the date on which such decision was issued unless,
			 prior to such thirty-first (31) day:
(1) a
			 party aggrieved by such decision files (A) an appeal to the Superior Court on
			 such decision, or (B) a motion to the commissioner to reopen such decision in
			 writing (i) electronically through the Connecticut Labor Department Leave
			 Complaint and Appeal Portal, (ii) by United States Postal Service to the
			 Connecticut Labor Department Appeals Division at its mailing address, (iii) by
			 fax, or (iv) in person; or
(2) the
			 commissioner, on the commissioner's own motion, reopens such decision in
			 accordance with the terms of section 31-49p-10 of the Regulations of
			 Connecticut State Agencies.
Connecticut Administrative Code › Title 31 - Labor › 49p › Section 31-49p-10 - Motion to reopen

Current through July 10, 2024
(a) Except for a
			 dismissal decision that shall be reopened pursuant to subsection (b) of section
			 31-49p-6 of the Regulations of Connecticut State Agencies, the commissioner may
			 reopen a decision on an appeal if the commissioner determines, for good cause
			 shown, that new evidence or the ends of justice so require. Each motion to
			 reopen, whether filed by the commissioner or a party, should describe all
			 reasons and good cause for such motion and, if new evidence is alleged as such
			 a reason, the following should be further specified:
(1) the identity and nature of such alleged
			 new evidence;
(2) the reason such
			 alleged new evidence was not presented previously; and
(3) the reason such alleged new evidence is
			 material to the case.
Connecticut Administrative Code › Title 31 - Labor › 51d - Commissioner of Labor's Work Training Standards for Apprenticeship and Training Programs › Section 31-51d-1 - Purpose and scope

Current through July 10, 2024
This regulation publishes the Labor Commissioner's work
				training standards, policies and procedures related to the approval,
				registration, cancellation and deregistration of apprenticeship and other on
				the job programs and agreements.
Connecticut Administrative Code › Title 31 - Labor › 51d - Commissioner of Labor's Work Training Standards for Apprenticeship and Training Programs › Section 31-51d-4 - Criteria for apprenticeable occupations

Current through July 10, 2024
An apprenticeable occupation is a trade or occupation which
				possesses all of the following characteristics:
(a) Is customarily learned in a practical way
			 through a structured systematic program of on the job supervised
			 training;
(b) It is clearly
			 identified and commonly recognized throughout the industry;
(c) It involves manual, mechanical or
			 technical skill and knowledge which requires a minimum of 2,000 hours of on the
			 job work experience; and
(d) It
			 requires a recommended minimum equivalent of 144 hours per year related
			 instruction to supplement the on the job training.
Connecticut Administrative Code › Title 31 - Labor › 51d - Commissioner of Labor's Work Training Standards for Apprenticeship and Training Programs › Section 31-51d-6 - Apprenticeship agreement

Current through July 10, 2024
The apprenticeship agreement shall contain explicitly or by
				reference:
(a) Name and signature of
			 the contracting parties (apprentice and the program sponsor or employer) and
			 the signature of a parent or guardian if the apprentice is a minor; (ages 16
			 and 17);
(b) The date of birth, the
			 address, sex, race and ethnic information, education level of the
			 apprentice;
(c) Name and address of
			 the program sponsor and registration agency;
(d) A statement of the trade or craft in
			 which the apprentice is to be trained and the beginning date and term of
			 apprenticeship;
(e) A statement
			 showing:
(1) the number of hours to be spent
			 by the apprentice in work on the job; and
(2) the number of hours to be spent in
			 related and supplemental instruction;
Connecticut Administrative Code › Title 31 - Labor › 51d - Commissioner of Labor's Work Training Standards for Apprenticeship and Training Programs › Section 31-51d-7 - Deregistration of programs

Current through July 10, 2024
Deregistration of a program may be effected upon the voluntary
				action of the sponsor by a request for cancellation of the registration or,
				upon reasonable cause, by the department instituting formal deregistration
				proceedings in accordance with the provisions of this regulation.
(a)
Request by sponsor.
The
			 department may cancel the registration of an apprenticeship program by a
			 written acknowledgment of such request stating but not limited to the
			 following:
(1) the registration is cancelled
			 at the sponsor's request and giving the effective date of such cancellation;
			 and
(2) that within 15 working days
			 of the date of the acknowledgment, the sponsor must notify all apprentices of
			 such cancellation and the effective date and that such cancellation
			 automatically deprives the apprentice of his/her individual
			 registration.
Connecticut Administrative Code › Title 31 - Labor › 51d - Commissioner of Labor's Work Training Standards for Apprenticeship and Training Programs › Section 31-51d-9 - Complaints

Current through July 10, 2024
(a) This section is not applicable to any
			 complaint concerning discrimination or other equal opportunity matters; all
			 such complaints shall be submitted, processed and resolved in accordance with
			 state or federal equal opportunity laws.
(b) Any controversy or difference arising
			 under an apprenticeship agreement which cannot be resolved locally, or which is
			 not covered by a collective bargaining agreement, may be submitted by an
			 apprentice or his/her authorized representative to the department for
			 review.
(c) The complaint in
			 writing and signed by the complainant, or authorized representative, shall be
			 submitted within 60 days of the final local decision. It shall set forth the
			 specific matter(s) complained of together with all relevant facts and
			 circumstances. Copies of all pertinent documents and correspondence shall
			 accompany the complaint.
(d) The
			 Council shall render an opinion within 90 days after receipt of the complaint
			 based upon such investigation of the matters submitted as may be found
			 necessary and the record before it. During the 90 day period, the Council shall
			 make reasonable efforts to effect a satisfactory resolution between the parties
			 involved. If so resolved, the parties shall be notified that the case is
			 closed. Where a decision is rendered, copies of the decision shall be sent to
			 all interested parties which shall be final.
Connecticut Administrative Code › Title 31 - Labor › 51d - Commissioner of Labor's Work Training Standards for Apprenticeship and Training Programs › Section 31-51d-10 - Reciprocity

Current through July 10, 2024
(a) When a sponsor of an apprenticeship
			 program which is registered and operating in another state or territory
			 requests registration from the department to train apprentices in a permanent
			 facility located in this state, the sponsor will be granted registration
			 providing the sponsor conforms with this regulation.
(b) An apprentice registered as a bona fide
			 apprentice in a neighboring state will be awarded certification of registration
			 for state purposes upon request.
Connecticut Administrative Code › Title 31 - Labor › 51d - Commissioner of Labor's Work Training Standards for Apprenticeship and Training Programs › Section 31-51d-11 - Exemptions

Current through July 10, 2024
The Commissioner with advice from the Council may grant
				exemptions to any part of this regulation upon written request of any program
				participant. On matters which involve exemptions for federal purposes the
				Administrator of the Bureau of Apprenticeship and Training of the U.S. Labor
				Department will be consulted for concurrence and approval.
Connecticut Administrative Code › Title 31 - Labor › 51d - Commissioner of Labor's Work Training Standards for Apprenticeship and Training Programs › Section 31-51d-12 - Authority for regulation

Current through July 10, 2024
(a) This regulation
			 is promulgated pursuant to See. 31-51d and in conformance with the uniform
			 Administrative Procedures Act, Chapter 54 of the Connecticut General
			 Statutes.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-1 - Definitions

Current through July 10, 2024
As used in sections 31-51ddd-1 through 31-51ddd-16, inclusive,
				of the Regulations of Connecticut State Agencies:
(1) "Account Holder" means "account holder"
			 as defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(2) "Adjusted gross income" means "adjusted
			 gross income" as defined in subsection (a) of section
			 12-701
			 of the Connecticut General Statutes;
(3) "Approved plan" means "approved plan" as
			 defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(4) "Area median income" means "area median
			 income" as defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(5) "Certified state IDA program" or
			 "program" means "certified state IDA program" as defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(6) "Clearinghouse" means "clearinghouse" as
			 defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(7) "Community-based organization" means
			 "community-based organization" as defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(8) "Department" means the Labor
			 Department;
(9) "Earned income"
			 means any compensation payable by an employer to an employee, including but not
			 limited to wages, salaries, commissions, bonuses, and tips, earnings from
			 self-employment or contractual agreements, and Earned Income Tax Credit
			 refunds.
(10) "Education" means
			 "education" as defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(11) "Emergency withdrawal" means a
			 withdrawal by an account holder from those funds deposited by the account
			 holder in his individual development account due to a personal crisis,
			 including but not limited to, illness, eviction, potential foreclosure, job
			 loss or urgent family reasons;
(12)
			 "Entrepreneurial activity" means "entrepreneurial activity" as defined in
			 section
			 31-51ww
			 of the Connecticut General Statutes;
(13) "Federal poverty level" means "federal
			 poverty level" as defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(14) "Financial institution" means "financial
			 institution" as defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(15) "Household" means "household" as defined
			 in section
			 31-51ww
			 of the Connecticut General Statutes;
(16) "Individual development account" or
			 "IDA" means "individual development account" as defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(17) "Individual Development Account Reserve
			 Fund" means "Individual Development Account Reserve Fund" as defined in section
			 31-51ww
			 of the Connecticut General Statutes;
(18) "Job training" means "job training" as
			 defined in section
			 31-51ww
			 of the Connecticut General Statutes; and
(19) "Qualified disabled individual" means
			 "qualified disabled individual" as defined in section
			 31-51ww
			 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-2 - Eligibility requirements for account holders

Current through July 10, 2024
(a) To
			 participate in a certified state IDA program, an individual, at the time of
			 application, shall be a member of a household located in Connecticut whose
			 adjusted gross income is not in excess of eighty per cent of the area median
			 income for the area in which the individual resides and shall:
(1) have earned income; or
(2) be a qualified disabled individual as
			 defined in subdivision (19) of section 31-51ddd-1 of the Regulations of
			 Connecticut State Agencies.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-4 - Permissible savings goals of individual development accounts

Current through July 10, 2024
Individual development accounts shall only be established for
				one of the following purposes:
(1) the
			 costs of education or job training;
(A)
			 Education costs for an account holder are all costs which are necessary for the
			 enrollment and successful completion of a program of education, as defined in
			 subdivision (10) of section 31-51ddd-1 of the Regulations of Connecticut State
			 Agencies, including but not limited to tuition, fees, books, supplies and
			 equipment.
(B) Job training costs
			 for an account holder are all costs which are necessary for the enrollment and
			 successful completion of a job training program, including but not limited to
			 tuition, fees, books, supplies and equipment.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-5 - Support services

Current through July 10, 2024
Each community-based organization operating a certified state
				IDA program shall provide the following services to an account holder:
(1) Credit history assessments;
(2) Assistance in credit repair and on-going
			 credit stability;
(3) General
			 financial education approved by the department;
(4) Training specific to the permissible
			 savings goal selected by the account holder; and
(5) Case management for account holders,
			 which includes, but is not limited to, the following:
(A) Assisting account holders to develop and
			 revise, as necessary, their approved savings plans to achieve asset-building
			 goals;
(B) Providing crisis
			 intervention for account holders in emergency situations; and
(C) Reviewing with account holders their
			 monthly account statements and providing counseling as appropriate.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-6 - Individual development account reserve fund

Current through July 10, 2024
(a) The
			 department shall establish and administer an Individual Development Account
			 Reserve Fund for the following purposes:
(1)
			 to provide grants to community-based organizations that are operating certified
			 state IDA programs. The grants shall:
(A)
			 provide matching funds for the individual development accounts;
(B) assist the community-based organizations
			 in providing training, counseling and case management for account holders;
			 and
(C) be utilized for the
			 administration of the program by the community-based organization;
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-8 - Leaves of absence

Current through July 10, 2024
An account holder may request a leave of absence for reasons
				including, but not limited to, illness, eviction, death, divorce, loss of
				employment. The community-based organization may grant an account holder a
				leave of absence for up to two years within the five-year maximum duration of
				the account holder's participation in the program. Where an account holder does
				not return to the program upon exhaustion of an approved leave of absence, the
				community-based organization shall return any savings deposited by the account
				holder, plus interest earned, to the account holder.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-9 - Emergency withdrawals

Current through July 10, 2024
An account holder may request an emergency withdrawal, as
				defined in section 31-51ddd-1 of the Regulations of Connecticut State Agencies.
				The community-based organization may grant an account holder's request for an
				emergency withdrawal. When a request for an emergency withdrawal has been
				granted, the withdrawal is limited to those funds, plus interest earned,
				deposited by the account holder. When the account holder makes an emergency
				withdrawal, the community-based organization may retain the matching funds,
				plus interest earned, for the account holder in its local reserve fund until
				the account holder either redeposits the withdrawn funds, or leaves the
				program.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-10 - Reporting requirements

Current through July 10, 2024
(a) A
			 community-based organization whose program has been granted certification shall
			 report to the department no later than November 1st
			 of each year in a manner prescribed by the department. The report shall include
			 (1) the number of individual development accounts established and their status;
			 (2) verification that deposits are being made by the account holders pursuant
			 to the approved savings plan; (3) the balance and sources of funding in the
			 community-based organization's local reserve fund, and (4) all matching fund
			 activity.
(b) The community-based
			 organization shall provide such additional information as required by the
			 department.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-11 - Approved plan

Current through July 10, 2024
(a) The
			 community-based organization operating a certified state IDA program shall be
			 required to enter into an approved plan with each account holder.
(b) The approved plan shall contain the
			 following requirements:
(1) a provision that
			 the community-based organization shall establish in a timely manner an
			 individual development account on behalf of the account holder;
(2) a provision that the account holder's
			 participation in the program shall not extend beyond five years from the date
			 of the establishment of such account;
(3) a deposit plan specifying the amount,
			 form and schedule of deposits to be made by the account holder;
(4) the rate at which the account holder's
			 deposits will be matched;
(5) the
			 permissible savings goal for which the account is maintained;
(6) a provision that the community-based
			 organization shall provide financial literacy training approved by the
			 department;
(7) a provision that
			 the account holder shall attend the financial literacy training;
(8) a provision that the community-based
			 organization shall provide asset-specific training based upon the permissible
			 savings goal;
(9) a provision that
			 the account holder shall attend the asset-specific training;
(10) an explanation of the withdrawal
			 policies, including the policies governing withdrawal of savings upon
			 completion of the program, early withdrawal due to an account holder's decision
			 to leave the program, termination of account due to nonperformance by the
			 account holder, and emergency withdrawals;
(11) a provision that the account holder may
			 request an emergency withdrawal or leave of absence;
(12) a provision allowing for the development
			 of a contingency plan in the event the account holder exceeds or fails to meet
			 the savings goals outlined in the agreement;
(13) a provision that the community-based
			 organization shall implement the contingency plan on record with the department
			 in the event the organization is no longer able to operate the
			 program;
(14) a provision that any
			 agreement for the investment of assets shall be at the direction of the account
			 holder after consultation with the community-based organization;
(15) a provision that the community-based
			 organization shall not require an account holder to make any purchase or enter
			 into any commercial transaction with a specific individual, business, financial
			 institution or other entity.
(16) a
			 provision designating one or more beneficiaries of the funds, plus accrued
			 interest, deposited by the account holder in the individual development account
			 in the event of the account holder's death;
(17) a provision that the agreement may be
			 modified only with the concurrence of the community-based organization and the
			 account holder.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-12 - Financial institutions

Current through July 10, 2024
(a) A
			 community-based organization operating a certified state IDA program shall be
			 required to enter into a written governing instrument with a financial
			 institution.
(b) The written
			 governing agreement shall provide for (1) the establishment of individual
			 development accounts in the form of Trust or Custodial Accounts for the benefit
			 of the account holders, which conform to the requirements of the Assets for
			 Independence Act,
			 Public
			 Law 105-285, as amended from time to time, and
			 into which accounts the account holders shall make deposits; (2) an assurance
			 that the financial institution shall pay at least a market rate of interest on
			 the individual development accounts; and (3) an assurance that the financial
			 institution shall not require an account holder to make any purchase or enter
			 into any commercial transaction with a specific individual, business, financial
			 institution or other entity.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-13 - Certification and review process

Current through July 10, 2024
(a) A
			 community-based organization seeking certification of its existing or proposed
			 IDA program shall submit its request to the department. The request shall
			 include:
(1) evidence of the community-based
			 organization's exempt status from taxation pursuant to section 501(c)(3) of the
			 Internal Revenue Code of 1986 or any subsequent corresponding provisions of the
			 internal revenue code of the United States, as from time to time
			 amended;
(2) a plan outlining the
			 community-based organization's proposed or existing IDA program which shall
			 satisfy the requirements of sections 31-51ddd-1 through 31-51ddd-16, inclusive,
			 of the Regulations of Connecticut State Agencies;
(3) a description of the community-based
			 organization's proposed process of selecting account holders;
(4) a financial budget specifying the costs
			 of training, counseling, case management, and administration of the program,
			 provided such budget contains an assurance that no more than five percent of
			 the total funds received from the IDA Reserve Fund are to be used for the costs
			 of program administration and no more than fifteen percent of such total funds
			 are to be used for the combined costs of training, counseling, case management
			 and program administration;
(5) a
			 description of the organization's accounting procedures, including whether the
			 community-based organization participates in Generally Accepted Accounting
			 Principles;
(6) any history the
			 community-based organization has had in successfully operating individual
			 development account programs and a detailed description of such
			 programs;
(7) a description of the
			 manner in which the community-based organization presently coordinates with
			 other local organizations;
(8) a
			 description of how the community-based organization will publicize the
			 program;
(9) a description of the
			 community-based organization's procedures and timelines for the establishment
			 of the individual development account to ensure that such establishment is
			 sufficiently expedient to safeguard the account holder's interest.
(10) a description of its procedures for
			 monitoring account holder deposits and matching funds deposits; and
(11) a description of the community-based
			 organization's contingency plan in the event the community-based organization
			 is no longer able to operate the program. Such contingency plan shall include
			 but not be limited to:
(A) a requirement of
			 immediate notice to all account holders and the department; and
(B) all actions the community-based
			 organization shall take to ensure the orderly closing of the program.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-14 - Suspension and decertification process

Current through July 10, 2024
(a) The
			 department may suspend or decertify a community-based organization's program
			 for non-compliance with applicable statutes, regulations and
			 contracts.
(b) When the department
			 suspends or decertifies a community-based organization's program, the
			 organization may request reconsideration by the Labor Commissioner of such
			 suspension or decertification. The Labor Commissioner's decision shall be
			 final. A community-based organization may request in writing a reinstatement of
			 the program where a community-based organization has shown to the satisfaction
			 of the department that the basis for the suspension or decertification no
			 longer exists.
(c) A
			 community-based organization whose program has been suspended or decertified
			 shall not participate in the solicitation process until the program has been
			 reinstated.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-15 - Solicitation for funding grants

Current through July 10, 2024
(a) The department
			 shall publicly solicit proposals for grants from available funds in the
			 Individual Development Account Reserve Fund from community-based organizations
			 to operate certified state IDA programs.
(b) The department shall review all proposals
			 and notify the community-based organization in writing whether the proposal has
			 been accepted or rejected.
(c) In
			 its review of proposals, the department shall, to the extent possible, consider
			 the geographic location of the community-based organization.
Connecticut Administrative Code › Title 31 - Labor › 51ddd - Individual Development Accounts Program › Section 31-51ddd-16 - Application and implementation

Current through July 10, 2024
When an individual believes that he has been unfairly denied
				access to a certified state IDA program or otherwise treated inequitably as an
				account holder, the individual may complain to the department no later than
				thirty days after the alleged injury.
The department shall investigate the complaint and shall
				attempt to informally resolve it. Where applicable, the department may refer
				the individual to the appropriate state or federal agency for potential
				relief.
Connecticut Administrative Code › Title 31 - Labor › 51k - Employment of Illegal Aliens › Section 31-51k-1 - Prohibition of employment of illegal aliens

Current through July 10, 2024
No employer or agent or representative of an employer shall
				employ an alien not entitled to lawful residence in the United States. For the
				purposes of this regulation, "lawful residence" is the legal presence within
				the United States in compliance with any and all applicable laws, regulations
				administered and enforced by the U.S. Immigration and Naturalization Service,
				permits issued by the U.S. Department of Labor, and all other agencies or
				instrumentalities of the United States having jurisdiction or power to control
				the entry, visitation, length of stay, work, commerce, exit, and deportation of
				persons. This definition includes temporary as well as permanent residence by
				aliens provided, however, that the alien concerned has been given official
				permission to work by the federal agency, commission, or instrumentality having
				jurisdiction to do so.
Connecticut Administrative Code › Title 31 - Labor › 51k - Employment of Illegal Aliens › Section 31-51k-2 - Employment of alien to be recorded

Current through July 10, 2024
Each employer who employs or continues to employ an alien shall
				record the name, address, and alien registration number and/or the date of
				issue of such type of document which authorizes employment in the United States
				of such employee. All such records shall be preserved at least three years.
				They shall be accessible, during the actual operating hours of each employer,
				to the labor commissioner or his representatives upon presentation of properly
				executed credentials.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-1 - Definitions

Current through July 10, 2024
For purposes of sections 31-51qq-1 to 31-51qq-52, inclusive, of
				the Regulations of Connecticut State Agencies:
(a) "Act," "Family and Medical Leave Act" or
			 "FMLA" means sections 31-51kk to 31-51qq, inclusive, of the Connecticut General
			 Statutes.
(b) "ADA" means the
			 Americans with Disabilities Act,
			 42 USC sections
			 12101 to
			 12213, inclusive, as
			 amended.
(c) "Armed Forces" has the
			 same meaning as provided in section 27-103(a) of the Connecticut General
			 Statutes.
(d) "Commissioner" means
			 the Labor Commissioner of the State of Connecticut, whose mailing address is
			 200 Folly Brook Boulevard, Wethersfield, Connecticut, 06109, or his or her
			 designee.
(e) "Eligible employee"
			 means an employee who, immediately preceding the date the FMLA leave will
			 commence pursuant to his or her request for leave, has been employed for a
			 total of at least three (3) consecutive months, as defined in section
			 31-51qq-6(b)
			 of the Regulations of Connecticut State Agencies, by the employer from whom
			 FMLA leave is requested.
(f)
			 "Employ" means to allow or permit to work.
(g) "Employee" means any person engaged in
			 service to an employer in the State of Connecticut in the business of the
			 employer.
(h) "Employer" means any
			 person engaged in any activity, enterprise or business in the State of
			 Connecticut who employs one (1) or more employees. An employer covered by the
			 Act includes, from the first employee's date of hire:
(1) Any person who acts, directly or
			 indirectly, in the interest of an employer to any of the employees of such
			 employer; or
(2) Any successor in
			 interest of an employer.
(3) The
			 term "employer" does not include a municipality, a local or regional board of
			 education, or a nonpublic elementary or secondary school.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-2 - What employers are covered by the act?

Current through July 10, 2024
(a)
			 "Employer" is defined in section
			 31-51qq-1(h)
			 of the Regulations of Connecticut State Agencies.
(b) Normally, the legal entity which employs
			 the employee is the employer under FMLA. Applying this principle, a corporation
			 is a single employer rather than its separate establishments or division.
(1) Where one corporation has an ownership
			 interest in another corporation, it is a separate employer unless it meets the
			 "joint employment" test discussed in section
			 31-51qq-4
			 of the Regulations of Connecticut State Agencies or the "integrated employer"
			 test contained in subdivision (2) of this subsection.
(2) Separate entities shall be deemed to be
			 parts of a single employer for purposes of FMLA if they meet the "integrated
			 employer" test. Where this test is met, the employees of all entities making up
			 the integrated employer shall be counted in determining employer coverage and
			 employee eligibility. A determination of whether or not separate entities are
			 an integrated employer is not determined by the application of any single
			 criterion, but rather the entire relationship shall be reviewed in its
			 totality. Factors considered in determining whether two or more entities are an
			 integrated employer include:
(A) Common
			 management;
(B) Interrelation
			 between operations;
(C) Centralized
			 control of labor relations; and
(D)
			 Degree of common ownership/financial control.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-4 - How is "joint employment" treated under FMLA?

Current through July 10, 2024
(a)
			 Where two (2) or more businesses exercise some control over the work or working
			 conditions of the employee, the businesses may be joint employers under the
			 FMLA. Joint employers may be separate and distinct entities with separate
			 owners, managers and facilities. Where the employee performs work which
			 simultaneously benefits two (2) or more employers, or works for two (2) or more
			 employers at different times during the workweek, a joint employment
			 relationship generally shall be considered to exist in situations such as:
(1) Where there is an arrangement between
			 employers to share an employee's services or to interchange
			 employees;
(2) Where an employer
			 acts directly or indirectly in the interest of the other employer in relation
			 to the employee; or
(3) Where the
			 employers are not completely disassociated with respect to the employee's
			 employment and may be deemed to share control of the employee, directly or
			 indirectly, because one (1) employer controls, is controlled by, or is under
			 common control with the other employer.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-5 - What is meant by "successor in interest"?

Current through July 10, 2024
(a) For
			 purposes of FMLA, in determining whether an employer is covered because it is a
			 "successor in interest" to a covered employer, the following factors shall be
			 considered:
(1) Substantial continuity of the
			 same business operations;
(2) Use
			 of the same plant;
(3) Continuity
			 of the work force;
(4) Similarity
			 of jobs and working conditions;
(5)
			 Similarity of supervisory personnel;
(6) Similarity in machinery, equipment, and
			 production methods;
(7) Similarity
			 of products or services; and
(8)
			 The ability of the predecessor to provide relief.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-6 - Which employees are "eligible" to take a leave under FMLA?

Current through July 10, 2024
(a) An "eligible employee" is defined in
			 section
			 31-51qq-1(e)
			 of the Regulations of Connecticut State Agencies.
(b) The employee shall have been employed by
			 the employer for at least three (3) consecutive months immediately preceding
			 the date the FMLA leave will commence pursuant to the employee's request. If an
			 employee is maintained on the payroll for any part of a week, including any
			 periods of paid or unpaid leave (sick, vacation) during which other benefits or
			 compensation are provided by the employer (e.g., workers' compensation or group
			 health plan benefits), the week counts as a week of employment. For purposes of
			 determining whether employment qualifies as "at least three (3) consecutive
			 months," thirteen (13) weeks is deemed to be equal to three (3) consecutive
			 months.
(c) The determination of
			 whether an employee has worked for the employer for at least three (3)
			 consecutive months, as defined in section 31-51qq-6(b) of the Regulations of
			 Connecticut State Agencies, immediately preceding his or her request for leave
			 shall be made as of the date leave commences pursuant to the employee's
			 request. If an employee notifies the employer of need for FMLA leave before the
			 employee meets this eligibility criteria, the employer shall either confirm the
			 employee's eligibility based upon a projection that the employee shall be
			 eligible on the date leave would commence or shall advise the employee when the
			 eligibility requirement is met. If the employer confirms eligibility at the
			 time the notice for leave is received, the employer may not subsequently
			 challenge the employee's eligibility. In the latter case, if the employer does
			 not advise the employee whether the employee is eligible as soon as
			 practicable, as defined in section
			 31-51qq-27(a)
			 of the Regulations of Connecticut State Agencies, specifically not later than
			 five (5) business days, absent extenuating circumstances, after the date
			 employee eligibility is determined, the employee shall have satisfied the
			 notice requirements and the notice of leave is considered current and
			 outstanding until the employer does advise.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-7 - Under what kinds of circumstances are employers required to grant family or medical leave?

Current through July 10, 2024
(a) Employers
			 covered by the FMLA are required to grant leave to eligible employees for one
			 (1) or more of the following reasons:
(1) Upon
			 the birth of a son or daughter of the employee, and to care for the newborn
			 child;
(2) Upon the placement of a
			 son or daughter with the employee for adoption or foster care, and to care for
			 the newly placed child;
(3) In
			 order to care for a family member of the employee, if such family member has a
			 serious health condition;
(4)
			 Because of a serious health condition of the employee ;
(5) In order to serve as an organ or bone
			 marrow donor;
(6) Because of any
			 qualifying exigency, as described in section 31-51qq-49 of the Regulations of
			 Connecticut State Agencies, arising out of the fact that the employee's spouse,
			 son, daughter or parent is on active duty (or has been notified of an impending
			 call or order to active duty) in the Armed Forces; or
(7) To care for a covered servicemember, as
			 defined in section 31-51qq-50(a)(1) of the Regulations of Connecticut State
			 Agencies, if the employee is the spouse, son, daughter, parent, or next of kin
			 of the covered servicemember.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-8 - For purposes of an employee qualifying to take FMLA leave for a family member, what may an employer require to confirm a family relationship?

Current through July 10, 2024
(a) For purposes of confirming that an
			 individual is a spouse, sibling, son, daughter, grandparent, grandchild or
			 parent of the employee, the employer may require the employee giving notice of
			 the need for leave to provide a simple written statement, signed by the
			 employee, verifying that the individual is the employee's spouse, sibling, son,
			 daughter, grandparent, grandchild or parent.
(b) For purposes of confirming that a person
			 is an individual related to the employee by blood or affinity whose close
			 association is equivalent to the family relationships in subsection (a) of this
			 section and covered as a "family member," the employer may require a simple
			 written statement, signed by the employee, describing and verifying that (1)
			 the employee considers his or her relationship to the individual to be
			 equivalent to the relationship that one would have with either a spouse,
			 sibling, son, daughter, grandparent, grandchild or parent, and (2) the
			 relationship involves a significant personal bond. An employer determination
			 based on such employee statement shall be situation specific and governed by
			 the circumstances of the individuals involved.
(c) An employer may not require the employee
			 to provide any more information or documentation to confirm a "family member"
			 relationship beyond the signed, written statements permitted in subsections (a)
			 and (b) of this section.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-9 - What does it mean that an employee is "needed to care for" a family member?

Current through July 10, 2024
(a) The medical certification provision that
			 an employee is "needed to care for" a family member or a covered servicemember,
			 as defined by section 31-51qq-50(a)(1) of the Regulations of Connecticut State
			 Agencies, encompasses both physical and psychological care. It includes
			 situations where, for example, the family member with a serious health
			 condition or covered servicemember is unable to care for his or her own basic
			 medical, hygienic, or nutritional needs or safety, or is unable to transport
			 himself or herself to the doctor. The term also includes providing
			 psychological comfort and reassurance which would be beneficial to a family
			 member with a serious health condition or a covered servicemember who is
			 receiving inpatient or home care.
(b) The term also includes situations where
			 the employee may be needed to fill in for others who are caring for the family
			 member or covered servicemember, or to make arrangements for changes in care,
			 such as transfer to a nursing home. The employee need not be the only
			 individual or family member available to care for the family member or covered
			 servicemember.
(c) An employee's
			 intermittent leave or a reduced schedule leave necessary to care for a family
			 member or covered servicemember includes not only a situation where the
			 condition of the family member or covered servicemember itself is intermittent,
			 but also where the employee is only needed intermittently - such as where other
			 care is normally available, or care responsibilities are shared with another
			 member of the family or a third party.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-10 - For an employee seeking intermittent leave or reduced schedule leave, what is meant by the "medical necessity for" such leave?

Current through July 10, 2024
For intermittent leave or reduced schedule leave, there shall
				be a medical need for leave and it shall be that such medical need can best be
				accommodated through an intermittent or reduced schedule leave. The treatment
				regimen and other information described in the certification of a serious
				health condition in section
				31-51qq-31
				of the Regulations of Connecticut State Agencies and in the certification of a
				serious injury or illness for a covered servicemember, as defined by section
				31-51qq-50(a)(1) of the Regulations of Connecticut State Agencies, if required
				by the employer, meets the requirement for certification of the medical
				necessity of intermittent leave or reduced schedule leave. Employees needing
				intermittent FMLA leave or reduced schedule leave shall attempt to schedule
				leave so as not to disrupt the employer's operation.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-11 - How much leave may an employee take?

Current through July 10, 2024
(a) An eligible
			 employee is limited to a total of twelve (12) workweeks of leave during any
			 twelve (12)-month period for any one or more of the following reasons, except
			 that the employee may take up to two (2) additional workweeks of leave during
			 such twelve (12)-month period for a serious health condition resulting in
			 incapacitation that occurs during pregnancy:
(1) Upon the birth of a son or daughter of
			 the employee, and to care for the newborn child;
(2) Upon the placement of a son or daughter
			 with the employee for adoption or foster care, and to care for the newly placed
			 child;
(3) In order to care for a
			 family member of the employee, if such family member has a serious health
			 condition;
(4) Because of a
			 serious health condition of the employee ;
(5) In order to serve as an organ or bone
			 marrow donor; or
(6) Because of any
			 qualifying exigency, as described in section 31-51qq-49 of the Regulations of
			 Connecticut State Agencies, arising out of the fact that the employee's spouse,
			 son, daughter or parent is on active duty or has been notified of an impending
			 call or order to active duty in the Armed Forces.
However, an eligible employee may be entitled to a total of
				twenty-six (26) workweeks of leave during any twelve (12)-month period for
				leave to care for a covered servicemember's, as defined by section
				31-51qq-50(a)(1) of the Regulations of Connecticut State Agencies, serious
				injury or illness pursuant to section 31-51qq-50 of the Regulations of
				Connecticut State Agencies.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-12 - If leave is taken for the birth of a child, or for placement of a child for adoption or foster care, when must the leave be concluded?

Current through July 10, 2024
An employee's entitlement to leave for a birth or placement for
				adoption or foster care expires at the end of the twelve (12)-month period
				beginning on the date of the birth or placement, unless the employer permits
				leave to be taken for a longer period. Any such FMLA leave shall be concluded
				within this twelve (12)-month period.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-13 - How much leave may spouses take if they are employed by the same employer?

Current through July 10, 2024
(a) Spouses who are
			 eligible for FMLA leave and are employed by the same covered employer may be
			 limited to a combined total of twelve (12) workweeks during any twelve
			 (12)-month period if such leave is taken for the birth of the employee's son or
			 daughter or to care for the child after birth, for placement of a son or
			 daughter with the employee for adoption or foster care or to care for the child
			 after placement, or to care for the employee's family member with a serious
			 health condition.
(b) The
			 limitation on the total weeks of leave applies to leave taken for the reasons
			 specified in subsection (a) of this section as long as the spouses are employed
			 by the same employer.
(1) For example, it
			 would apply even though the spouses are employed at two (2) different worksites
			 of an employer or by two (2) different operating divisions of the same
			 company.
(2) If one (1) spouse is
			 ineligible for FMLA leave, the other spouse would be entitled to a full twelve
			 (12)-week entitlement for the reasons specified in subsection (a) of this
			 section.