reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-4 - Serious health condition (29 CFR Section 825.113)

Current through July 10, 2024
(a) The term "incapacity" means inability to
			 work, attend school or perform other regular daily activities due to the
			 serious health condition, treatment therefore, or recovery therefrom.
(b) The term "treatment" includes, but is not
			 limited to, examinations to determine if a serious health condition exists and
			 evaluations of the condition. Treatment does not include routine physical
			 examinations, eye examinations, or dental examinations. A regimen of continuing
			 treatment includes, for example, a course of prescription medication or therapy
			 requiring special equipment to resolve or alleviate the health condition. A
			 regimen of continuing treatment that includes the taking of over-the-counter
			 medications such as aspirin, antihistamines, or salves; or bed-rest, drinking
			 fluids, exercise, and other similar activities that can be initiated without a
			 visit to a health care provider, is not, by itself, sufficient to constitute a
			 regimen of continuing treatment for purposes of FMLA leave.
(c) Conditions for which cosmetic treatments
			 are administered, such as most treatments for acne or plastic surgery, are not
			 "serious health conditions" unless inpatient hospital care is required or
			 unless complications develop. Ordinarily, unless complications arise, the
			 common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other
			 than migraine, routine dental or orthodontia problems, periodontal disease, are
			 examples of conditions that do not meet the definition of a serious health
			 condition and do not qualify for FMLA leave. Restorative dental or plastic
			 surgery after an injury or removal of cancerous growths are serious health
			 conditions provided all the other conditions of this regulation are met. Mental
			 illness or allergies may be serious health conditions, but only if all the
			 conditions of this section are met.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-5 - Inpatient care (29 CFR section 825.114)

Current through July 10, 2024
Inpatient care means an overnight stay in a hospital, hospice,
				or residential medical care facility, including any period of incapacity as
				defined in section
				31-51rr-4(a) of
				the Regulations of Connecticut State Agencies, or any subsequent treatment in
				connection with such inpatient care.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-6 - Continuing treatment (29 CFR section 825.115)

Current through July 10, 2024
A serious health condition involving continuing treatment by a
				health care provider includes any one or more of the following:
(a)
Incapacity and treatment.
A
			 period of incapacity of more than three (3) consecutive, full calendar days,
			 and any subsequent treatment or period of incapacity relating to the same
			 condition, that also involves:
(1) Treatment
			 two or more times, within thirty (30) days of the first day of incapacity,
			 unless extenuating circumstances exist, by a health care provider, by a nurse
			 under direct supervision of a health care provider, or by a provider of health
			 care services under orders of, or on referral by, a health care provider;
			 or
(2) Treatment by a health care
			 provider on at least one occasion, which results in a regimen of continuing
			 treatment under the supervision of the health care provider.
(3) The requirement in subsections (a)(1) and
			 (2) of this section for treatment by a health care provider means an in-person
			 visit to a health care provider. The first or only in-person treatment visit
			 shall take place within seven (7) days of the first day of
			 incapacity.
(4) Whether additional
			 treatment visits or a regimen of continuing treatment is necessary within the
			 30-day period shall be determined by the health care provider.
(5) The term "extenuating circumstances" in
			 subsection (a)(1) of this section means circumstances beyond the employee's
			 control that prevent the follow-up visit from occurring as planned by the
			 health care provider. Whether a given set of circumstances are extenuating
			 depends on the facts. For example, extenuating circumstances exist if a health
			 care provider determines that a second in-person visit is needed within the
			 thirty (30)-day period, but the health care provider does not have any
			 available appointments during that time period.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-7 - Leave for treatment of substance abuse (29 CFR section 825.119)

Current through July 10, 2024
(a) Substance abuse may be a serious health
			 condition if the conditions of sections
			 31-51rr-4 through
			 31-51rr-6, inclusive, of the
			 Regulations of Connecticut State Agencies are met. However, FMLA leave may only
			 be taken for treatment for substance abuse by a health care provider or by a
			 provider of health care services on referral by a health care provider. On the
			 other hand, absence because of the employee's use of the substance, rather than
			 for treatment, does not qualify for FMLA leave.
(b) Treatment for substance abuse does not
			 prevent an employer from taking employment action against an employee. The
			 employer may not take action against the employee because the employee has
			 exercised his or her right to take FMLA leave for treatment. However, if the
			 employer has an established policy, applied in a non-discriminatory manner that
			 has been communicated to all employees, that provides under certain
			 circumstances an employee may be terminated for substance abuse, pursuant to
			 that policy the employee may be terminated whether or not the employee is
			 presently taking FMLA leave. An employee may also take FMLA leave to care for a
			 covered family member who is receiving treatment for substance abuse. The
			 employer may not take action against an employee who is providing care for a
			 covered family member receiving treatment for substance abuse.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-10 - Definitions of adoption and foster care (29 CFR section 825.122)

Current through July 10, 2024
(a)
Adoption.
"Adoption" means
			 legally and permanently assuming the responsibility of raising a child as one's
			 own. The source of an adopted child, whether from a licensed placement agency
			 or otherwise, is not a factor in determining eligibility for FMLA
			 leave.
(b)
Foster
			 care.
Foster care means twenty-four (24)-hour care for children in
			 substitution for, and away from, their parents or guardian. Such placement is
			 made by or with the agreement of the State as a result of a voluntary agreement
			 between the parent or guardian that the child be removed from the home, or
			 pursuant to a judicial determination of the necessity for foster care, and
			 involves agreement between the State and foster family that the foster family
			 will take care of the child. Although foster care may be with relatives of the
			 child, State action is involved in the removal of the child from parental
			 custody.
(c)
Documenting
			 relationships.
For purposes of confirmation of family relationship, the
			 employer may require the employee giving notice of the need for leave to
			 provide reasonable documentation or statement of family relationship. This
			 documentation may take the form of a simple statement from the employee, or a
			 child's birth certificate, a court document, or other similar documentation.
			 The employer is entitled to examine documentation, but the employee is entitled
			 to the return of the official document submitted for this purpose.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-11 - Unable to perform the functions of the position (29 CFR section 825.123)

Current through July 10, 2024
(a)
Definition.
An employee is
			 "unable to perform the functions of the position" where the health care
			 provider finds that the employee is unable to work at all or is unable to
			 perform any one of the essential functions of the employee's position within
			 the meaning of the ADA and the regulations at
			 29
			 CFR 1630.2(n). An employee
			 who will be absent from work to receive medical treatment for a serious health
			 condition is considered to be unable to perform the essential functions of the
			 position during the absence for treatment.
(b)
Statement of functions.
An
			 employer has the option, in requiring certification from a health care
			 provider, to provide a statement of the essential functions of the employee's
			 position for the health care provider to review. A sufficient medical
			 certification shall specify what functions of the employee's position the
			 employee is unable to perform so that the employer can then determine whether
			 the employee is unable to perform one or more essential functions of the
			 employee's position. For purposes of FMLA, the essential functions of the
			 employee's position are to be determined with reference to the position the
			 employee held at the time notice is given or leave commenced, whichever is
			 earlier.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-12 - Needed to care for a family member or covered servicemember (29 CFR section 825.124)

Current through July 10, 2024
(a) The medical
			 certification provision that an employee is "needed to care for" a family
			 member or covered servicemember encompasses both physical and psychological
			 care. It includes situations where, for example, because of a serious health
			 condition, the family member 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 child,
			 spouse or parent with a serious health condition who is receiving inpatient or
			 home care.
(b) The term also
			 includes situations where the employee may be needed to substitute for others
			 who normally care 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 leave schedule 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 › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-14 - Leave to care for a covered servicemember with a serious injury or illness (29 CFR Section 825.127)

Current through July 10, 2024
(a) Eligible
			 employees are entitled to FMLA leave to care for a covered servicemember with a
			 serious illness or injury.
(b)
Covered servicemember
means:
(1)
			 A current member of the Armed Forces, including a member of the National Guard
			 or Reserves, who is undergoing medical treatment, recuperation, or therapy, is
			 otherwise in outpatient status; or is otherwise on the temporary disability
			 retired list, for a serious injury or illness.
(2) A covered veteran who is undergoing
			 medical treatment, recuperation or therapy for a serious injury or illness.
Covered veteran
means an individual who was a member of the
			 Armed Forces, including a member of the National Guard or Reserves, and was
			 discharged or released under conditions other than dishonorable at any time
			 during the five-year period prior to the first date the eligible employee takes
			 FMLA leave to care for the covered veteran. An eligible employee shall commence
			 leave to care for a covered veteran within five (5) years of the veteran's
			 active duty service, but the single twelve (12)-month period described in
			 subsection (e)(1) of this section may extend beyond the five (5)-year period.
(A) For an individual who was a member of the
			 Armed Forces, including a member of the National Guard or Reserves, and who was
			 discharged or released under conditions other than dishonorable prior to the
			 effective date of this Final Rule, the period between October 28, 2009 and the
			 effective date of this Final Rule shall not count towards the determination of
			 the five (5) year period for covered veteran status.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-15 - Amount of leave (29 CFR section 825.200)

Current through July 10, 2024
(a) An eligible
			 employee's FMLA leave entitlement 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:
(1) The birth of the
			 employee's son or daughter, and to care for the newborn child;
(2) The placement with the employee of a son
			 or daughter for adoption or foster care, and to care for the newly placed
			 child;
(3) To care for the
			 employee's spouse, son, daughter, or parent with a serious health
			 condition;
(4) Because of a serious
			 health condition that makes the employee unable to perform one or more of the
			 essential functions of his or her job;
(5) Because of any qualifying exigency
			 arising out of the fact that the employee's spouse, son, daughter, or parent is
			 a covered military member on active duty (or has been notified of an impending
			 call or order to active duty) in support of a contingency operation;
			 or
(6) To care for a covered
			 servicemember with a serious injury or illness if the employee is the spouse,
			 son, daughter, parent, or next of kin of the servicemember.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-16 - Leave to care for a parent (29 CFR section 825.201)

Current through July 10, 2024
(a)
General rule.
An eligible
			 employee is entitled to FMLA leave if needed to care for the employee's parent
			 with a serious health condition. Care for parents-in-law is not covered by the
			 FMLA.
(b)
"Same employer"
			 limitation.
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)
			 weeks of leave during any twelve (12)-month period if the leave is taken to
			 care for the employee's parent with a serious health condition, for the birth
			 of the employee's son or daughter or to care for the child after the birth, or
			 for placement of a son or daughter with the employee for adoption or foster
			 care or to care for the child after placement. This limitation on the total
			 weeks of leave applies to leave taken for the reasons specified as long as
			 spouses are employed by the same employer. It would apply, for example, even
			 though the spouses are employed at two different worksites of an employer. On
			 the other hand, if one spouse is ineligible for FMLA leave, the other spouse
			 would be entitled to a full twelve (12) weeks of FMLA leave. Where the spouses
			 both use a portion of the total twelve (12)-week FMLA leave entitlement for
			 either the birth of a child, for placement for adoption or foster care, or to
			 care for a parent, the spouses would each be entitled to the difference between
			 the amount each spouse has taken individually and twelve (12) weeks for FMLA
			 leave for other purposes. For example, if each spouse took six (6) weeks of
			 leave to care for a parent, each could use an additional six (6) weeks due to
			 his or her own serious health condition or to care for a child with a serious
			 health condition.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-17 - Intermittent leave or reduced leave schedule (29 CFR section 825.202)

Current through July 10, 2024
(a)
Definition.
FMLA leave may
			 be taken intermittently or on a reduced leave schedule under certain
			 circumstances. Intermittent leave is FMLA leave taken in separate blocks of
			 time due to a single qualifying reason.
(b)
Medical necessity.
For
			 intermittent leave or leave on a reduced leave schedule taken because of one's
			 own serious health condition, to care for a parent, son, or daughter with a
			 serious health condition, or to care for a covered servicemember with a serious
			 injury or illness, there shall be a medical need for leave and it shall be that
			 such medical need can be best accommodated through an intermittent or reduced
			 leave schedule. The treatment regimen and other information described in the
			 certification of a serious health condition and in the certification of a
			 serious injury or illness, if required by the employer, addresses the medical
			 necessity of intermittent leave or leave on a reduced leave schedule. Leave may
			 be taken intermittently or on a reduced leave schedule when medically necessary
			 for planned and/or unanticipated medical treatment of a serious health
			 condition or of a covered servicemember's serious injury or illness, or for
			 recovery from treatment or recovery from a serious health condition or a
			 covered servicemember's serious injury or illness. It may also be taken to
			 provide care or psychological comfort to a covered family member with a serious
			 health condition or a covered servicemember with a serious injury or illness.
(1) Intermittent leave may be taken for a
			 serious health condition of a parent, son, or daughter, for the employee's own
			 serious health condition, or a serious injury or illness of a covered
			 servicemember which requires treatment by a health care provider periodically,
			 rather than for one continuous period of time, and may include leave of periods
			 from an hour or more to several weeks. Examples of intermittent leave would
			 include leave taken on an occasional basis for medical appointments, or leave
			 taken several days at a time spread over a period of six months, such as for
			 chemotherapy. A pregnant employee may take leave intermittently for prenatal
			 examinations or for her own condition, such as for periods of severe morning
			 sickness. An example of an employee taking leave on a reduced leave schedule is
			 an employee who is recovering from a serious health condition and is not strong
			 enough to work a full-time schedule.
(2) Intermittent or reduced schedule leave
			 may be taken for absences where the employee or family member is incapacitated
			 or unable to perform the essential functions of the position because of a
			 chronic serious health condition or a serious injury or illness of a covered
			 servicemember, even if he or she does not receive treatment by a health care
			 provider.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-18 - Scheduling of intermittent or reduced schedule leave (29 CFR section 825.203)

Current through July 10, 2024
Eligible employees may take FMLA leave on an intermittent or
				reduced schedule basis when medically necessary due to the serious health
				condition of a covered family member or the employee or the serious injury or
				illness of a covered servicemember. Eligible employees may also take FMLA leave
				on an intermittent or reduced schedule basis when necessary because of a
				qualifying exigency. If an employee needs leave intermittently or on a reduced
				leave schedule for planned medical treatment, then the employee shall make a
				reasonable effort to schedule the treatment so as not to disrupt unduly the
				employer's operations.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-22 - Maintenance of employee benefits (29 CFR section 825.209)

Current through July 10, 2024
(a) During any FMLA leave, an employer must
			 maintain the employee's coverage under any group health plan (as defined in the
			 Internal Revenue Code of 1986 at
			 26 U.S.C.
			 5000(b)(1) ) on the same
			 conditions as coverage would have been provided if the employee had been
			 continuously employed during the entire leave period. All employers covered by
			 FMLA, including public agencies, are subject to the Act's requirements to
			 maintain health coverage. For purposes of FMLA, the term "group health plan"
			 shall not include an insurance program providing health coverage under which
			 employees purchase individual policies from insurers provided that:
(1) No contributions are made by the
			 employer;
(2) Participation in the
			 program is completely voluntary for employees;
(3) The sole functions of the employer with
			 respect to the program are, without endorsing the program, to permit the
			 insurer to publicize the program to employees, to collect premiums through
			 payroll deductions and to remit them to the insurer;
(4) The employer receives no consideration in
			 the form of cash or otherwise in connection with the program, other than
			 reasonable compensation, excluding any profit, for administrative services
			 actually rendered in connection with payroll deduction; and,
(5) The premium charged with respect to such
			 coverage does not increase in the event the employment relationship
			 terminates.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-23 - Employee payment of group health benefit premiums (29 CFR section 825.210)

Current through July 10, 2024
(a) Group health
			 plan benefits must be maintained on the same basis as coverage would have been
			 provided if the employee had been continuously employed during the FMLA leave
			 period. Therefore, any share of group health plan premiums which had been paid
			 by the employee prior to FMLA leave must continue to be paid by the employee
			 during the FMLA leave period. If premiums are raised or lowered, the employee
			 would be required to pay the new premium rates. Maintenance of health insurance
			 policies which are not a part of the employer's group health plan are the sole
			 responsibility of the employee. The employee and the insurer should make
			 necessary arrangements for payment of premiums during periods of unpaid FMLA
			 leave.
(b) If the FMLA leave is
			 substituted paid leave, the employee's share of premiums must be paid by the
			 method normally used during any paid leave, presumably as a payroll
			 deduction.
(c) If FMLA leave is
			 unpaid, the employer has a number of options for obtaining payment from the
			 employee. The employer may require that payment be made to the employer or to
			 the insurance carrier, but no additional charge may be added to the employee's
			 premium payment for administrative expenses. The employer may require employees
			 to pay their share of premium payments in any of the following ways:
(1) Payment would be due at the same time as
			 it would be made if by payroll deduction;
(2) Payment would be due on the same schedule
			 as payments are made under COBRA;
(3) Payment would be prepaid pursuant to a
			 cafeteria plan at the employee's option;
(4) The employer's existing rules for payment
			 by employees on "leave without pay" would be followed, provided that such rules
			 do not require prepayment, prior to the commencement of the leave, of the
			 premiums that will become due during a period of unpaid FMLA leave or payment
			 of higher premiums than if the employee had continued to work instead of taking
			 leave; or
(5) Another system
			 voluntarily agreed to between the employer and the employee, which may include
			 prepayment of premiums, such as through increased payroll deductions when the
			 need for the FMLA leave is foreseeable.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-24 - Maintenance of benefits under multi-employer health plans (29 CFR Section 825.211)

Current through July 10, 2024
(a) A
			 multi-employer health plan is a plan to which more than one employer is
			 required to contribute, and which is maintained pursuant to one or more
			 collective bargaining agreements between employee organization(s) and the
			 employers.
(b) An employer under a
			 multi-employer plan must continue to make contributions on behalf of an
			 employee using FMLA leave as though the employee had been continuously
			 employed, unless the plan contains an explicit FMLA provision for maintaining
			 coverage such as through pooled contributions by all employers party to the
			 plan.
(c) During the duration of an
			 employee's FMLA leave, coverage by the group health plan, and benefits provided
			 pursuant to the plan, must be maintained at the level of coverage and benefits
			 which were applicable to the employee at the time FMLA leave
			 commenced.
(d) An employee using
			 FMLA leave cannot be required to use "banked" hours or pay a greater premium
			 than the employee would have been required to pay if the employee had been
			 continuously employed.
(e) As
			 provided in section
			 31-51rr-22(f) of
			 the Regulations of Connecticut State Agencies of this part, group health plan
			 coverage must be maintained for an employee on FMLA leave until:
(1) The employee's FMLA leave entitlement is
			 exhausted;
(2) The employer can
			 show that the employee would have been laid off and the employment relationship
			 terminated; or
(3) The employee
			 provides unequivocal notice of intent not to return to work.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-25 - Employee failure to pay health plan premium payments (29 CFR Section 825.212)

Current through July 10, 2024
(a)
(1) In the absence of an established employer
			 policy providing a longer grace period, an employer's obligations to maintain
			 health insurance coverage cease under FMLA if an employee's premium payment is
			 more than thirty (30) days late. In order to drop the coverage for an employee
			 whose premium payment is late, the employer must provide written notice to the
			 employee that the payment has not been received. Such notice must be mailed to
			 the employee at least fifteen (15) days before coverage is to cease, advising
			 that coverage will be dropped on a specified date at least fifteen (15) days
			 after the date of the letter unless the payment has been received by that date.
			 If the employer has established policies regarding other forms of unpaid leave
			 that provide for the employer to cease coverage retroactively to the date the
			 unpaid premium payment was due, the employer may drop the employee from
			 coverage retroactively in accordance with that policy, provided the fifteen
			 (15)-day notice was given. In the absence of such a policy, coverage for the
			 employee may be terminated at the end of the thirty (30)-day grace period,
			 where the required fifteen (15)-day notice has been provided.
(2) An employer has no obligation regarding
			 the maintenance of a health insurance policy which is not a "group health
			 plan."
(3) All other obligations of
			 an employer under FMLA would continue; for example, the employer continues to
			 have an obligation to reinstate an employee upon return from leave.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-27 - Employee right to reinstatement (29 CFR Section 825.214)

Current through July 10, 2024
General rule
. On return from FMLA leave, an
				employee is entitled to be returned to the same position the employee held when
				leave commenced, or to an equivalent position with equivalent benefits, pay,
				and other terms and conditions of employment. An employee is entitled to such
				reinstatement even if the employee has been replaced or his or her position has
				been restructured to accommodate the employee's absence.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-28 - Equivalent position (29 CFR Section 825.215)

Current through July 10, 2024
(a)
Equivalent position.
An equivalent position is one that is
			 virtually identical to the employee's former position in terms of pay, benefits
			 and working conditions, including privileges, perquisites and status. It must
			 involve the same or substantially similar duties and responsibilities, which
			 must entail substantially equivalent skill, effort, responsibility, and
			 authority.
(b)
Conditions to
			 qualify.
If an employee is no longer qualified for the position because
			 of the employee's inability to attend a necessary course, renew a license, fly
			 a minimum number of hours, etc., as a result of the leave, the employee shall
			 be given a reasonable opportunity to fulfill those conditions upon return to
			 work.
(c)
Equivalent
			 pay.
(1) An employee is entitled to
			 any unconditional pay increases which may have occurred during the FMLA leave
			 period, such as cost of living increases. Pay increases conditioned upon
			 seniority, length of service, or work performed must be granted in accordance
			 with the employer's policy or practice with respect to other employees on an
			 equivalent leave status for a reason that does not qualify as FMLA leave. An
			 employee is entitled to be restored to a position with the same or equivalent
			 pay premiums, such as a shift differential. If an employee departed from a
			 position averaging ten (10) hours of overtime and corresponding overtime pay
			 each week, an employee is ordinarily entitled to such a position on return from
			 FMLA leave.
(2) Equivalent pay
			 includes any bonus or payment, whether it is discretionary or
			 non-discretionary, made to employees consistent with the provisions of
			 subsection (c)(1) of this section. However, if a bonus or other payment is
			 based on the achievement of a specified goal such as hours worked, products
			 sold or perfect attendance, and the employee has not met the goal due to FMLA
			 leave, then the payment may be denied, unless otherwise paid to employees on an
			 equivalent leave status for a reason that does not qualify as FMLA leave. For
			 example, if an employee who used paid vacation leave for a non-FMLA purpose
			 would receive the payment, then the employee who used paid vacation leave for
			 an FMLA-protected purpose also must receive the payment.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-29 - Limitations on an employee's right to reinstatement (29 CFR Section 825.216)

Current through July 10, 2024
(a) An employee has
			 no greater right to reinstatement or to other benefits and conditions of
			 employment than if the employee had been continuously employed during the FMLA
			 leave period. An employer shall be able to show that an employee would not
			 otherwise have been employed at the time reinstatement is requested in order to
			 deny restoration to employment. For example:
(1) If an employee is laid off during the
			 course of taking FMLA leave and employment is terminated, the employer's
			 responsibility to continue FMLA leave, maintain group health plan benefits and
			 restore the employee cease at the time the employee is laid off, provided the
			 employer has no continuing obligations under a collective bargaining agreement
			 or otherwise. An employer would have the burden of proving that an employee
			 would have been laid off during the FMLA leave period and, therefore, would not
			 be entitled to restoration. Restoration to a job slated for lay-off when the
			 employee's original position is not would not meet the requirements of an
			 equivalent position.
(2) If a shift
			 has been eliminated, or overtime has been decreased, an employee would not be
			 entitled to return to work that shift or the original overtime hours upon
			 restoration. However, if a position on, for example, a night shift has been
			 filled by another employee, the employee is entitled to return to the same
			 shift on which employed before taking FMLA leave.
(3) If an employee was hired for a specific
			 term or only to perform work on a discrete project, the employer has no
			 obligation to restore the employee if the employment term or project is over
			 and the employer would not otherwise have continued to employ the employee. On
			 the other hand, if an employee was hired to perform work on a contract, and
			 after that contract period the contract was awarded to another contractor, the
			 successor contractor may be required to restore the employee if it is a
			 successor employer.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-30 - Protection for employees who request leave or otherwise assert FMLA rights (29 CFR Section 825.220)

Current through July 10, 2024
(a) The FMLA
			 prohibits interference with an employee's rights under the law, and with legal
			 proceedings or inquiries relating to an employee's rights. More specifically,
			 the law contains the following employee protections:
(1) An employer is prohibited from
			 interfering with, restraining, or denying the exercise of or attempts to
			 exercise any rights provided by the Act.
(2) An employer is prohibited from
			 discharging or in any other way discriminating against any person, whether or
			 not an employee, for opposing or complaining about any unlawful practice under
			 the Act.
(3) All persons, whether
			 or not employers, are prohibited from discharging or in any other way
			 discriminating against any person, whether or not an employee, because that
			 person has:
(A) Filed any charge, or has
			 instituted or caused to be instituted any proceeding under or related to this
			 Act;
(B) Given, or is about to
			 give, any information in connection with an inquiry or proceeding relating to a
			 right under this Act; or
(C)
			 Testified, or is about to testify, in any inquiry or proceeding relating to a
			 right under this Act.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-31 - Employer notice requirements (29 CFR Section 825.300)

Current through July 10, 2024
(a)
General notice
.
(1) Every employer covered by the FMLA is
			 required to post and keep posted on its premises, in conspicuous places where
			 employees are employed, a notice explaining the Act's provisions and providing
			 information concerning the procedures for filing complaints of alleged
			 violations of section
			 31-51rr
			 of the Connecticut General Statutes with the Labor Department. The notice must
			 be posted prominently where it can be readily seen by employees and applicants
			 for employment. The poster and the text must be large enough to be easily read
			 and contain fully legible text. Electronic posting is sufficient to meet this
			 posting requirement as long as it otherwise meets the requirements of this
			 section. Employers can comply with this requirement by posting the notice
			 provided in Appendix B.
(2) Covered
			 employers must post this general notice even if no employees are eligible for
			 FMLA leave.
(3) If an FMLA-covered
			 employer has any eligible employees, it shall also provide this general notice
			 to each employee by including the notice in employee handbooks or other written
			 guidance to employees concerning employee benefits or leave rights, if such
			 written materials exist, or by distributing a copy of the general notice to
			 each new employee upon hiring. In either case, distribution may be accomplished
			 electronically.
(4) To meet the
			 requirements of subsection (a)(3) of this section, employers may duplicate the
			 text of the notice contained in Appendix B or may use another format so long as
			 the information provided includes, at a minimum, all of the information
			 contained in that notice. Where an employer's workforce is comprised of a
			 significant portion of workers who are not literate in English, the employer
			 shall provide the general notice in a language in which the employees are
			 literate. Employers furnishing FMLA notices to sensory-impaired individuals
			 must also comply with all applicable requirements under Federal or State
			 law.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-37 - Content of medical certification for leave taken because of an employee's own serious health condition or the serious health condition of a family member (29 CFR Section 825.306)

Current through July 10, 2024
(a)
Required
			 information.
When leave is taken because of an employee's own serious
			 health condition, or the serious health condition of a family member, an
			 employer may require an employee to obtain a medical certification from a
			 health care provider that sets forth the following information:
(1) The name, address, telephone number, and
			 fax number of the health care provider and type of medical
			 practice/specialization;
(2) The
			 approximate date on which the serious health condition commenced, and its
			 probable duration;
(3) A statement
			 or description of appropriate medical facts regarding the patient's health
			 condition for which FMLA leave is requested. The medical facts shall be
			 sufficient to support the need for leave. Such medical facts may include
			 information on symptoms, diagnosis, hospitalization, doctor visits, whether
			 medication has been prescribed, any referrals for evaluation or treatment, or
			 any other regimen of continuing treatment;
(4) If the employee is the patient,
			 information sufficient to establish that the employee cannot perform the
			 essential functions of the employee's job as well as the nature of any other
			 work restrictions, and the likely duration of such inability;
(5) If the patient is a covered family member
			 with a serious health condition, information sufficient to establish that the
			 family member is in need of care, and an estimate of the frequency and duration
			 of the leave required to care for the family member;
(6) If an employee requests leave on an
			 intermittent or reduced schedule basis for planned medical treatment of the
			 employee's or a covered family member's serious health condition, information
			 sufficient to establish the medical necessity for such intermittent or reduced
			 schedule leave and an estimate of the dates and duration of such treatments and
			 any periods of recovery;
(7) If an
			 employee requests leave on an intermittent or reduced schedule basis for the
			 employee's serious health condition, including pregnancy, that may result in
			 unforeseeable episodes of incapacity, information sufficient to establish the
			 medical necessity for such intermittent or reduced schedule leave and an
			 estimate of the frequency and duration of the episodes of incapacity;
			 and
(8) If an employee requests
			 leave on an intermittent or reduced schedule basis to care for a covered family
			 member with a serious health condition, a statement that such leave is
			 medically necessary to care for the family member, which can include assisting
			 in the family member's recovery, and an estimate of the frequency and duration
			 of the required leave.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-41 - Certification for leave taken to care for a covered servicemember (military caregiver leave) (29 CFR Section 825.310)

Current through July 10, 2024
(a)
Required
			 information from health care provider.
When leave is taken to care for a
			 covered servicemember with a serious injury or illness, an employer may require
			 an employee to obtain a certification completed by an authorized health care
			 provider of the covered servicemember. For purposes of leave taken to care for
			 a covered servicemember, any one of the following health care providers may
			 complete such a certification:
(1) A United
			 States Department of Defense (DOD) health care provider;
(2) A United States Department of Veterans
			 Affairs (VA) health care provider;
(3) A DOD TRICARE network authorized private
			 health care provider;
(4) A DOD
			 non-network TRICARE authorized private health care provider; or
(5) Any health care provider as defined in
			 section 31-51rr-1(15) of
			 the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-42 - Intent to return to work (29 CFR Section 825.311)

Current through July 10, 2024
(a) An employer may require an employee on
			 FMLA leave to report periodically on the employee's status and intent to return
			 to work. The employer's policy regarding such reports may not be discriminatory
			 and shall take into account all of the relevant facts and circumstances related
			 to the individual employee's leave situation.
(b) If an employee gives unequivocal notice
			 of intent not to return to work, the employer's obligations under FMLA to
			 maintain health benefits (subject to COBRA requirements) and to restore the
			 employee cease. However, these obligations continue if an employee indicates he
			 or she may be unable to return to work but expresses a continuing desire to do
			 so.
(c) It may be necessary for an
			 employee to take more leave than originally anticipated. Conversely, an
			 employee may discover after beginning leave that the circumstances have changed
			 and the amount of leave originally anticipated is no longer necessary. An
			 employee may not be required to take more FMLA leave than necessary to resolve
			 the circumstance that precipitated the need for leave. In both of these
			 situations, the employer may require that the employee provide the employer
			 notice within two (2) business days of the changed circumstances where
			 foreseeable. The employer may also obtain information on such changed
			 circumstances through requested status reports.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-44 - Failure to provide certification (29 CFR Section 825.313)

Current through July 10, 2024
(a)
Foreseeable leave.
In the
			 case of foreseeable leave, if an employee fails to provide certification in a
			 timely manner as required by section
			 31-51rr-36 of the Regulations of
			 Connecticut State Agencies, then an employer may deny FMLA coverage until the
			 required certification is provided. For example, if an employee has fifteen
			 (15) days to provide a certification and does not provide the certification for
			 forty-five (45) days without sufficient reason for the delay, the employer can
			 deny FMLA protections for the thirty (30)-day period following the expiration
			 of the fifteen (15)-day time period, if the employee takes leave during such
			 period.
(b)
Unforeseeable
			 leave.
In the case of unforeseeable leave, an employer may deny FMLA
			 coverage for the requested leave if the employee fails to provide a
			 certification within fifteen (15) calendar days from receipt of the request for
			 certification unless not practicable due to extenuating circumstances. For
			 example, in the case of a medical emergency, it may not be practicable for an
			 employee to provide the required certification within fifteen (15) calendar
			 days. Absent such extenuating circumstances, if the employee fails to timely
			 return the certification, the employer can deny FMLA protections for the leave
			 following the expiration of the fifteen (15)-day time period until a sufficient
			 certification is provided. If the employee never produces the certification,
			 the leave is not FMLA leave.
(c)
Recertification.
An employee shall provide recertification within
			 the time requested by the employer, which must allow at least fifteen (15)
			 calendar days after the request, or as soon as practicable under the particular
			 facts and circumstances. If an employee fails to provide a recertification
			 within a reasonable time under the particular facts and circumstances, then the
			 employer may deny continuation of the FMLA leave protections until the employee
			 produces a sufficient recertification. If the employee never produces the
			 recertification, the leave is not FMLA leave. Recertification does not apply to
			 leave taken for a qualifying exigency or to care for a covered
			 servicemember.
(d)
Fitness-for-duty certification.
When requested by the employer
			 pursuant to a uniformly applied policy for similarly-situated employees, the
			 employee shall provide medical certification, at the time the employee seeks
			 reinstatement at the end of FMLA leave taken for the employee's serious health
			 condition, that the employee is fit for duty and able to return to work if the
			 employer has provided the required notice; the employer may delay restoration
			 until the certification is provided. Unless the employee provides either a
			 fitness-for-duty certification or a new medical certification for a serious
			 health condition, the employee may be terminated.