Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-8 - Leave for pregnancy or birth (29 CFR Section 825.120)

Current through July 10, 2024
(a)
General rules
. Eligible
			 employees are entitled to FMLA leave for pregnancy or birth of a child as
			 follows:
(1) Both the mother and father are
			 entitled to FMLA leave for the birth of their child.
(2) Both the mother and father are entitled
			 to FMLA leave to be with the healthy newborn child (bonding time) during the
			 twelve (12)-month period beginning on the date of birth. An employee's
			 entitlement to FMLA leave for a birth expires at the end of the twelve
			 (12)-month period beginning on the date of the birth. If state law allows, or
			 the employer permits, bonding leave to be taken beyond this period, such leave
			 will not qualify as FMLA leave. Under this section, both the mother and father
			 are entitled to FMLA leave even if the newborn does not have a serious health
			 condition.
(3) 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 for 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 parent with a serious health
			 condition. 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 such spouses have
			 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 healthy,
			 newborn child, 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. Note, too, that many State pregnancy disability laws specify a
			 period of disability either before or after the birth of a child; such periods
			 would also be considered FMLA leave for a serious health condition of the
			 mother, and would not be subject to the combined limit.
(4) The mother is entitled to FMLA leave for
			 incapacity due to pregnancy, for prenatal care, or for her own serious health
			 condition following the birth of the child. Circumstances may require that FMLA
			 leave begin before the actual date of birth of a child. An expectant mother may
			 take FMLA leave before the birth of the child for prenatal care or if her
			 condition makes her unable to work. The mother is entitled to leave for
			 incapacity due to pregnancy even though she does not receive treatment from a
			 health care provider during the absence, and even if the absence does not last
			 for more than three (3) consecutive calendar days. For example, a pregnant
			 employee may be unable to report to work because of severe morning
			 sickness.
(5) A spouse is entitled
			 to FMLA leave if needed to care for his or her pregnant spouse who is
			 incapacitated or if needed to care for her during her prenatal care, or if
			 needed to care for the spouse following the birth of a child if the spouse has
			 a serious health condition.
(6)
			 Both the mother and father are entitled to FMLA leave if needed to care for a
			 child with a serious health condition if the requirements of sections
			 31-51rr-4 through
			 31-51rr-6, inclusive, and
			 31-51rr-1(26) of the Regulations of Connecticut State Agencies are met. Thus,
			 spouses may each take twelve (12) weeks of FMLA leave if needed to care for
			 their newborn child with a serious health condition, even if both are employed
			 by the same employer, provided they have not exhausted their entitlements
			 during the applicable twelve (12)-month FMLA leave period.