Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-32 - Designation of FMLA leave (29 CFR Section 825.301)

Current through July 10, 2024
(a)
Employer responsibilities.
The employer's decision to designate
			 leave as FMLA-qualifying shall be based only on information received from the
			 employee or the employee's spokesperson, such as if the employee is
			 incapacitated, the employee's spouse, adult child, parent, or doctor, may
			 provide notice to the employer of the need to take FMLA leave. In any
			 circumstance where the employer does not have sufficient information about the
			 reason for an employee's use of leave, the employer shall inquire further of
			 the employee or the spokesperson to ascertain whether leave is potentially
			 FMLA-qualifying. Once the employer has acquired knowledge that the leave is
			 being taken for a FMLA-qualifying reason, the employer shall notify the
			 employee as provided in section
			 31-51rr-31(d) of
			 the Regulations of Connecticut State Agencies.
(b)
Employee responsibilities.
An employee giving notice of the need for FMLA leave does not need to expressly
			 assert rights under section
			 31-51rr
			 of the Connecticut General Statutes or even mention the FMLA to meet his or her
			 obligation to provide notice, though the employee needs to state a qualifying
			 reason for the needed leave and otherwise satisfy the notice requirements set
			 forth in sections
			 31-51rr-33 or
			 31-51rr-34 of the Regulations of
			 Connecticut State Agencies depending on whether the need for leave is
			 foreseeable or unforeseeable. An employee giving notice of the need for FMLA
			 leave shall explain the reasons for the needed leave so as to allow the
			 employer to determine whether the leave qualifies under the Act. If the
			 employee fails to explain the reasons, leave may be denied. In many cases, in
			 explaining the reasons for a request to use leave, especially when the need for
			 the leave was unexpected or unforeseen, an employee will provide sufficient
			 information for the employer to designate the leave as FMLA leave. An employee
			 using accrued paid leave may in some cases not spontaneously explain the
			 reasons or their plans for using their accrued leave. However, if an employee
			 requesting to use paid leave for a FMLA-qualifying reason does not explain the
			 reason for the leave and the employer denies the employee's request, the
			 employee will need to provide sufficient information to establish a
			 FMLA-qualifying reason for the needed leave so that the employer is aware that
			 the leave may not be denied and may designate that the paid leave be
			 appropriately counted against the employee's FMLA leave entitlement. Similarly,
			 an employee using accrued paid vacation leave who seeks an extension of unpaid
			 leave for a FMLA-qualifying reason will need to state the reason. If this is
			 due to an event which occurred during the period of paid leave, the employer
			 may count the leave used after the FMLA-qualifying reason against the
			 employee's FMLA leave entitlement.
(c)
Disputes.
If there is a
			 dispute between an employer and an employee as to whether leave qualifies as
			 FMLA leave, it should be resolved through discussions between the employee and
			 the employer. Such discussions and the decision shall be documented.
(d)
Retroactive designation.
If
			 an employer does not designate leave as required by section
			 31-51rr-31 of the Regulations of
			 Connecticut State Agencies, the employer may retroactively designate leave as
			 FMLA leave with appropriate notice to the employee as required by section
			 31-51rr-31 of the Regulations of
			 Connecticut State Agencies provided that the employer's failure to timely
			 designate leave does not cause harm or injury to the employee. In all cases
			 where leave would qualify for FMLA protections, an employer and an employee may
			 mutually agree that leave be retroactively designated as FMLA leave.
(e)
Remedies.
If an employer's
			 failure to timely designate leave in accordance with section
			 31-51rr-31 of the Regulations of
			 Connecticut State Agencies causes the employee to suffer harm, it may
			 constitute an interference with, restraint of, or denial of the exercise of an
			 employee's FMLA rights. An employer may be liable for compensation and benefits
			 lost by reason of the violation, for other actual monetary losses sustained as
			 a direct result of the violation, and for appropriate equitable or other
			 relief, including employment, reinstatement, promotion, or any other relief
			 tailored to the harm suffered. For example, if an employer that was put on
			 notice that an employee needed FMLA leave failed to designate the leave
			 properly, but the employee's own serious health condition prevented him or her
			 from returning to work during that time period regardless of the designation,
			 an employee may not be able to show that the employee suffered harm as a result
			 of the employer's actions. However, if an employee took leave to provide care
			 for a son or daughter with a serious health condition believing it would not
			 count toward his or her FMLA entitlement, and the employee planned to later use
			 that FMLA leave to provide care for a spouse who would need assistance when
			 recovering from surgery planned for a later date, the employee may be able to
			 show that harm has occurred as a result of the employer's failure to designate
			 properly. The employee may establish this by showing that he or she would have
			 arranged for an alternative caregiver for the seriously-ill son or daughter if
			 the leave had been designated timely.