Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-19 - Transfer of an employee to an alternative position during intermittent leave or reduced schedule leave (29 CFR section 825.204)

Current through July 10, 2024
(a)
Transfer or reassignment.
If
			 an employee needs intermittent leave or leave on a reduced leave schedule that
			 is foreseeable based on planned medical treatment for the employee, a family
			 member, or a covered servicemember, including during a period of recovery from
			 one's own serious health condition, a serious health condition of a spouse,
			 parent, son, or daughter, or a serious injury or illness of a covered
			 servicemember, or if the employer agrees to permit intermittent or reduced
			 schedule leave for the birth of a child or for placement of a child for
			 adoption or foster care, the employer may require the employee to transfer
			 temporarily, during the period that the intermittent or reduced leave schedule
			 is required, to an available alternative position for which the employee is
			 qualified and which better accommodates recurring periods of leave than does
			 the employee's regular position.
(b)
Compliance.
Transfer to an
			 alternative position may require compliance with any applicable collective
			 bargaining agreement, federal law (such as the ADA), and State law. Transfer to
			 an alternative position may include altering an existing job to better
			 accommodate the employee's need for intermittent or reduced schedule
			 leave.
(c)
Equivalent pay and
			 benefits.
The alternative position shall have equivalent pay and
			 benefits. An alternative position for these purposes does not have to have
			 equivalent duties. The employer may increase the pay and benefits of an
			 existing alternative position, so as to make them equivalent to the pay and
			 benefits of the employee's regular job. The employer may also transfer the
			 employee to a part-time job with the same hourly rate of pay and benefits,
			 provided the employee is not required to take more leave than is medically
			 necessary. For example, an employee desiring to take leave in increments of
			 four hours per day could be transferred to a half-time job, or could remain in
			 the employee's same job on a part-time schedule, paying the same hourly rate as
			 the employee's previous job and enjoying the same benefits. The employer may
			 not eliminate benefits which otherwise would not be provided to part-time
			 employees; however, an employer may proportionately reduce benefits such as
			 vacation leave where an employer's normal practice is to base such benefits on
			 the number of hours worked.
(d)
Employer limitations.
An employer may not transfer the employee to
			 an alternative position in order to discourage the employee from taking leave
			 or otherwise work a hardship on the employee. For example, a white collar
			 employee may not be assigned to perform laborer's work; an employee working the
			 day shift may not be reassigned to the graveyard shift; an employee working in
			 the headquarters facility may not be reassigned to a branch a significant
			 distance away from the employee's normal job location. Any such attempt on the
			 part of the employer to make such a transfer will be held to be contrary to the
			 prohibited acts of the FMLA.
(e)
Reinstatement of employee.
When an employee who is taking leave
			 intermittently or on a reduced leave schedule and has been transferred to an
			 alternative position no longer needs to continue on leave and is able to return
			 to full-time work, the employee shall be placed in the same or equivalent job
			 as the job he or she left when the leave commenced. An employee may not be
			 required to take more leave than necessary to address the circumstance that
			 precipitated the need for leave.