reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-14 - Does FMLA leave have to be taken all at once, or can it be taken in parts (intermittently or on a reduced schedule)?

Current through July 10, 2024
(a) An eligible
			 employee may take FMLA leave intermittently or on a reduced schedule under
			 certain circumstances. Intermittent leave is FMLA leave taken in separate
			 blocks of time due to a single qualifying reason. Reduced schedule leave is a
			 leave schedule that reduces an employee's usual number of working hours per
			 workweek, or hours per workday. A reduced schedule leave is a change in the
			 employee's schedule for a period of time, normally from full-time to
			 part-time.
(b) When leave is taken
			 after the birth or placement of a child for adoption or foster care, an
			 employee may take a leave intermittently or on a reduced schedule only if the
			 employer agrees. Such a schedule reduction might occur, for example, where an
			 employee, with the employer's agreement, works part-time after the birth of a
			 child, or takes leave in several segments. The employer's agreement is not
			 required for leave during which the mother has a serious health condition in
			 connection with the birth of her child or if the newborn child has a serious
			 health condition.
(c) An eligible
			 employee may take leave intermittently or on a reduced schedule when medically
			 necessary for planned or unanticipated medical treatment of a serious health
			 condition or of a covered servicemember's, as defined by section
			 31-51qq-50(a)(1) of the Regulations of Connecticut State Agencies, 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. An
			 eligible employee may also take leave to provide care or psychological comfort
			 to a family member with a serious health condition or a covered servicemember.
(1) An eligible employee may take
			 intermittent leave for the serious health condition of a family member, for the
			 employee's own serious health condition, or for 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 the leave may
			 include periods from an hour or more to several weeks.
(2) 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 several 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 schedule
			 is an employee who is recovering from a serious health condition and is not
			 strong enough to work a full-time schedule.
(3) An eligible employee may take
			 intermittent or reduced schedule leave for absences where the employee or
			 family member is incapacitated.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-17 - May an employer deduct hourly amounts from an employee's salary when providing unpaid leave under FMLA, without affecting the employee's qualification for exemption as an executive, administrative, or professional employee?

Current through July 10, 2024
Leave taken under FMLA may be unpaid. If an employee is
				otherwise exempt from minimum wage and overtime requirements set forth in
				Chapter 558 of the Connecticut General Statutes and sections
				31-60-14,
				31-60-15
				and
				31-60-16
				of the Regulations of Connecticut State Agencies as a salaried executive,
				administrative, or professional employee, providing unpaid qualifying leave to
				such an employee will not cause the employee to lose the exemption. This means
				that where an employee meets the specified duties test, is paid on a salary
				basis, and is paid a salary of at least the amount specified in sections
				31-60-14,
				31-60-15
				and
				31-60-16
				of the Regulations of Connecticut State Agencies, the employer may make
				deductions from the employee's salary for any hours taken as intermittent or
				reduced FMLA leave within a workweek, without affecting the exempt status of
				the employee. The fact that an employer provides FMLA leave, whether paid or
				unpaid, and maintains records required by this part regarding FMLA leave, shall
				not be relevant to the determination whether an employee is exempt within the
				meaning of sections
				31-60-14,
				31-6015 and 31-60-16 of the Regulations of Connecticut State Agencies and
				Chapter 558 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-20 - Is an employee entitled to benefits while using FMLA leave?

Current through July 10, 2024
An employee's entitlement to benefits other than group health
				benefits during a period of FMLA leave is to be determined by the employer's
				established policy for providing such benefits when the employee is on other
				forms of leave, such as paid or unpaid leave, as appropriate.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-21 - What are an employee's rights on returning to work from FMLA leave?

Current through July 10, 2024
(a) For purposes of this section and section
			 31-51qq-22
			 of the Regulations of Connecticut State Agencies, "physical condition" means
			 any health condition relating to body and mind.
(b) Except as provided in subsection (c) of
			 this section, upon return from FMLA leave, an employee is entitled to be
			 returned to the original position the employee held when leave commenced, or if
			 the original position is not available, to an equivalent position with
			 equivalent benefits, pay and other terms and conditions of employment. An
			 employee is entitled to such reinstatement to the original position even if the
			 employee has been replaced or his or her position has been restructured to
			 accommodate the employee's absence.
(c) If the employee is medically unable to
			 perform the employee's original job upon the expiration of such leave
			 entitlement, the employer shall transfer the employee to work suitable to such
			 employee's physical condition if such work is available. In addition, the
			 employer's obligations may also be governed by federal and state law, including
			 the ADA and FEPA.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-22 - When is the employer obligated to transfer an employee to work suitable to an employee's physical condition?

Current through July 10, 2024
(a) In the case of
			 a medical leave, if the employee is medically unable to perform the employee's
			 original job at the expiration of the leave, but is still able to perform work
			 of some type, the employer shall transfer such employee to work suitable to
			 such employee's physical condition, as defined in section
			 31-51qq-21(c)
			 of the Regulations of Connecticut State Agencies, if such work is
			 available.
(b) Other work suitable
			 to an employee's physical condition, as defined in section
			 31-51qq-21(c)
			 of the Regulations of Connecticut State Agencies, may include part-time work,
			 or other work at a lesser pay scale, even if the employee's original was a
			 full-time position.
(c) An employer
			 may request certification from the employee's health care provider that the
			 employee is physically unable to resume work in the employee's original
			 position but may perform other work. The certification itself need only be a
			 simple statement of an employee's inability to perform the original job and
			 employee's present medical limitations with regard to other suitable
			 work.
(d) If after the expiration
			 of the employee's full FMLA leave entitlement, the employee is unable to resume
			 work in the employee's original job and is transferred to other suitable work,
			 but at some later time is again able to perform the employee's original job,
			 the employer is no longer obligated to reinstate the employee to his or her
			 original job, except for example, if required as a reasonable accommodation
			 pursuant to the ADA or FEPA.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-23 - What is an equivalent position?

Current through July 10, 2024
(a) 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 shall involve the same or substantially similar
			 duties and responsibilities, which shall entail substantially equivalent skill,
			 effort, responsibility, and authority.
(b) If an employee is no longer qualified for
			 the position because of the employee's inability to, for example, attend a
			 necessary course, renew a license, or fly a minimum number of hours, 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. The employer shall grant pay
			 increases conditioned upon seniority, length of service, or work performed 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
			 subdivision (1) of this subsection. 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 shall receive the payment.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-24 - Are there any limitations on an employer's obligation to reinstate an employee?

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 and restore the employee ceases 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.
(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.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-25 - How are employees protected who request leave or otherwise assert FMLA rights?

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) No employer shall interfere with,
			 restrain or deny the exercise of, or attempts to exercise, any rights provided
			 by the Act.
(2) No employer shall
			 discharge or cause to be discharged or in any other manner discriminate against
			 any person, whether or not an employee, for opposing or complaining about any
			 unlawful practice under the Act or because such employee has exercised the
			 rights afforded to such employee under the Act.
(3) No person, whether or not an employer,
			 shall discharge or cause to be discharged or in any other way discriminate
			 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 the Act;
(B) Given, or is about to give, any
			 information in connection with an inquiry or proceeding relating to a right
			 under the Act; or
(C) Testified, or
			 is about to testify, in any inquiry or proceeding relating to a right under the
			 Act.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-26 - What notices to employees are required of employers under the FMLA?

Current through July 10, 2024
(a)
General notice.
an
			 FMLA-covered employer shall provide a notice or policy to each employee
			 explaining the Act's provisions and providing information concerning FMLA
			 entitlements and employee obligations, including procedures for filing
			 complaints of alleged violations of the Act with the Labor Department, by (1)
			 including the notice or policy in employee handbooks or other written guidance
			 to employees concerning employee benefits or leave rights, if such written
			 materials exist, or (2) distributing a copy of such notice or policy to each
			 new employee upon hiring. In either case, distribution of this notice or policy
			 may be accomplished electronically.
(b)
Eligibility notice.
(1) When an employee requests FMLA leave, or
			 when the employer acquires knowledge that an employee's leave may be for a
			 qualifying reason, the employer shall notify the employee of the employee's
			 eligibility to take FMLA leave not later than five (5) business days after
			 learning of such need for leave, absent extenuating circumstances. Employee
			 eligibility is determined and notice shall be provided at the commencement of
			 the first instance of leave for each qualifying reason in the applicable twelve
			 (12)-month period. All FMLA absences for the same qualifying reason are
			 considered a single leave and employee eligibility as to that reason for leave
			 does not change during the applicable twelve (12)-month period.
(2) The eligibility notice shall state
			 whether the employee is eligible for FMLA leave. If the employee is not
			 eligible for FMLA leave, the notice shall state at least one (1) reason why the
			 employee is not eligible, including the number of months the employee has been
			 employed by the employer. Notification of eligibility shall be in
			 writing.
(3) An optional prototype
			 combined notice of eligibility and rights and responsibilities, which employers
			 may adapt for their use to meet these specific notice requirements, is posted
			 on the Labor Department's website.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-27 - What notice does an employee have to give an employer when the need for FMLA leave is foreseeable?

Current through July 10, 2024
(a)
Timing of
			 notice.
For purposes of sections
			 31-51qq-1
			 to 31-51qq-52, inclusive, of the Regulations of Connecticut State Agencies, "as
			 soon as practicable" means notice as soon as both possible and practical,
			 taking into account all of the facts and circumstances in the individual case.
			 For foreseeable leave where it is not possible to give as much as thirty (30)
			 days' notice, as soon as practicable ordinarily would mean at least verbal
			 notification to the employer within one (1) or two (2) business days of when
			 the need for leave becomes known to the employee. An employer shall take into
			 account the individual facts and circumstances of an employee's notice when
			 determining whether the notice was given as soon as practicable.
(b) An employee shall provide the employer at
			 least thirty (30) days advance notice before FMLA leave is to begin if the need
			 for the leave is foreseeable based on an expected birth, placement for adoption
			 or foster care, planned medical treatment for a serious health condition of the
			 employee or a family member, or the planned medical treatment for a serious
			 injury or illness of a covered servicemember, as defined by section
			 31-51qq-50(a)(1) of the Regulations of Connecticut State Agencies. If thirty
			 (30) days' notice is not practicable, such as because of a lack of knowledge of
			 approximately when leave shall be required to begin, a change in circumstances,
			 or a medical emergency, the employee shall give notice as soon as practicable.
(1) For example, an employee's health
			 condition may require leave to commence earlier than anticipated before the
			 birth of a child. Similarly, little opportunity for notice may be given before
			 placement for adoption.
(2) For
			 foreseeable leave due to a qualifying exigency, as described in section
			 31-51qq-49 of the Regulations of Connecticut State Agencies, the employee shall
			 give notice as soon as practicable, regardless of how far in advance such leave
			 is foreseeable.
(3) Whether FMLA
			 leave is to be continuous or is to be taken intermittently or on a reduced
			 schedule basis, the employee need only give notice one time, but the employee
			 shall advise the employer as soon as practicable if dates of scheduled leave
			 change or are extended, or were initially unknown.
(4) In those cases where the employee is
			 required to provide at least thirty (30) days' notice of foreseeable leave and
			 does not do so, the employee shall explain the reasons why such notice was not
			 practicable upon request from the employer.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-28 - What are the requirements for an employee to furnish notice to an employer where the need for FMLA leave is not foreseeable?

Current through July 10, 2024
(a)
Timing of notice.
When the
			 approximate timing of the need for leave is not foreseeable, an employee shall
			 give such notice to the employer of the need for FMLA leave as soon as
			 practicable under the facts and circumstances of the particular case. An
			 employee shall give notice to the employer not later than one (1) or two (2)
			 business days of learning of the need for leave, except in extraordinary
			 circumstances of the particular case where such notice is not feasible. In the
			 case of a medical emergency requiring leave because of an employee's own
			 serious health condition or to care for a family member with a serious health
			 condition, written advance notice pursuant to an employer's internal procedures
			 may not be required when FMLA leave is involved.
(b) The employee shall provide notice to the
			 employer either in person or by telephone, email, facsimile machine ("fax"),
			 text message or other electronic means. If the employee is unable to give
			 notice personally, the employee's spokesperson (e.g., spouse, adult family
			 member, or other responsible party) may give notice. When an employee seeks
			 leave for the first time for a qualifying reason, the employee need not
			 expressly assert rights under the FMLA or even mention the FMLA but may only
			 state that leave is needed. In any circumstance where the employer does not
			 have sufficient information about the reason for an employee's use of leave,
			 the employer shall seek additional information from the employee or the
			 spokesperson to determine whether the leave is potentially qualifying. When an
			 employee seeks leave due to an qualifying reason, for which the employer has
			 previously provided FMLA-protected leave, the employee shall specifically
			 reference the qualifying reason for leave or the need for FMLA leave. The
			 employer shall obtain any additional required information through informal
			 means. The employee or spokesperson shall provide more information when it can
			 readily be accomplished as a practical matter, taking into consideration the
			 exigencies of the situation. For example, if an employee's child has a severe
			 asthma attack and the employee takes the child to the emergency room, the
			 employee shall not be required to leave his or her child in order to report the
			 absence while the child is receiving emergency treatment. However, if the
			 child's asthma attack required only the use of an inhaler at home followed by a
			 period of rest, the employee shall be expected to call the employer promptly
			 after ensuring the child has used the inhaler.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-29 - What recourse do employers have if employees fail to provide the required notice?

Current through July 10, 2024
(a) An employer may
			 waive employees' FMLA notice obligations or the employer's own internal rules
			 on leave notice requirements.
(b)
			 If an employee fails to give thirty (30) days' notice for foreseeable leave
			 with no reasonable excuse for the delay, the employer may delay the taking of
			 FMLA leave until thirty (30) days after the date the employee provides notice
			 to the employer of the need for FMLA leave.
(c) In all cases, in order for the onset of
			 an employee's FMLA leave to be delayed due to lack of required notice, it shall
			 be clear that the employee had actual notice of the FMLA notice requirements.
			 The need for leave and the approximate date leave would be taken shall have
			 been clearly foreseeable to the employee thirty (30) days in advance of the
			 leave. For example, knowledge that an employee would receive a telephone call
			 about the availability of a child for adoption at some unknown point in the
			 future would not be sufficient.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-34 - What notice may an employer require regarding an employee's intent to return to work?

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 obligation
			 under FMLA to restore the employee ceases. However, this obligation continues
			 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
			 employee no longer needs the amount of leave originally anticipated. An
			 employee may not be required to take more FMLA leave than necessary. In both of
			 these situations, the employer may require that the employee provide the
			 employer reasonable notice, specifically not later than two (2) business days
			 after the change in circumstances, where foreseeable. In the case of an
			 employee providing notice of the intent to return to work, the employer shall
			 return the employee to work not later than two (2) business days after such
			 notice is provided, unless it is physically impossible, as described in section
			 31-51qq-37(e).
			 The employer may also obtain information on such changed circumstances through
			 requested status reports.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-36 - What happens if an employee fails to satisfy the medical certification or recertification requirements?

Current through July 10, 2024
(a)
Foreseeable leave.
In the case of foreseeable leave, an employer
			 may deny FMLA protection to an employee who fails to provide certification
			 within the timeframe requested by the employer to furnish such certification
			 (at least fifteen (15) calendar days after receipt of the employer's request
			 for certification, if practicable), until the required certification is
			 provided.
(b)
Unforeseeable
			 leave and recertification.
When the need for leave is
not
foreseeable, or in the case of recertification, an employee shall provide
			 certification or recertification within the time frame requested by the
			 employer (at least fifteen (15) calendar days after the employee's receipt of
			 the employer's request for certification), unless it is not practicable under
			 the particular circumstances to do so despite the employee's diligent, good
			 faith efforts. 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. If an employee fails to provide the initial medical
			 certification or the recertification within a reasonable time under the
			 particular facts and circumstances, then the employer may:
(1) In the case of an initial medical
			 certification, deny FMLA leave protection until a sufficient certification is
			 provided, and
(2) In the case of a
			 recertification, deny FMLA leave continuation until the employee produces a
			 sufficient recertification.
If the employee never produces the medical certification, the
				leave is not FMLA leave, and, if the employee never produces the
				recertification, the continued leave is not FMLA leave.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-38 - How should records and documents relating to medical certifications, recertifications or medical histories be maintained?

Current through July 10, 2024
(a)
			 Employers shall maintain records and documents relating to medical
			 certifications, recertifications or medical histories of employees or
			 employees' family members, created for purposes of the Act, as medical records
			 pursuant to chapter 563a of the Connecticut General Statutes, and, if the ADA
			 is also applicable, such records shall be maintained in conformance with ADA
			 confidentiality requirements,
			 29 CFR
			 1630.14(c)(1). However,
			 employers may inform
(1) supervisors and
			 managers regarding necessary restrictions on the work or duties of an employee
			 and any necessary accommodations;
(2) first aid and safety personnel, when
			 appropriate, if the employee's physical or medical condition might require
			 emergency treatment; and
(3)
			 government officials investigating compliance with the Act, the Paid Family and
			 Medical Leave Insurance Program, sections 31-49e through 31-49t, inclusive, of
			 the Connecticut General Statutes or other pertinent law, regarding any relevant
			 information upon request. If the Genetic Information Nondiscrimination Act of
			 2008 (GINA), 29 CFR Part 1635, is applicable, records and documents created for
			 purposes of FMLA containing family medical history or genetic information as
			 defined in GINA shall be maintained in accordance with the confidentiality
			 requirements of Title II of GINA,
			 29 CFR 1635.9,
			 which permit such information to be disclosed consistent with the requirements
			 of FMLA.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-39 - What if an employer provides more generous benefits than required by FMLA?

Current through July 10, 2024
(a) An employer shall observe any employment
			 benefit program or plan that provides greater family or medical leave rights to
			 employees than the rights established by the FMLA. Conversely, the rights
			 established by the Act may not be diminished by any employment benefit program
			 or plan. For example, a provision of a collective bargaining agreement which
			 provides for reinstatement to a position that is not equivalent because of
			 seniority (
e.g.
, provides lesser pay) is superseded by FMLA.
			 If an employer provides greater unpaid family leave rights than are afforded by
			 FMLA, the employer is not required to extend additional rights afforded by FMLA
			 to the additional leave period not covered by FMLA.
(b) Nothing in the Act prevents an employer
			 from amending existing leave and employee benefit programs, provided they
			 comply with FMLA. However, nothing in the Act is intended to discourage
			 employers from adopting or retaining more generous leave policies.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-40 - Do federal laws providing family and medical leave still apply?

Current through July 10, 2024
(a) Nothing in FMLA supersedes any provision
			 of federal or local law that provides greater family or medical leave rights
			 than those provided by FMLA. Employees are not required to designate whether
			 the leave they are taking is State FMLA leave or federal FMLA leave, and an
			 employer shall comply with the applicable provisions of both. An employer
			 covered by one law and not the other has to comply only with the law under
			 which it is covered. Similarly, an employee eligible under only one law shall
			 receive benefits in accordance with that law. If the employee is eligible for
			 leave under State FMLA leave and the leave qualifies for both State and federal
			 FMLA, the leave used counts against the employee's entitlement under both laws.
			 Examples of the interaction between State and federal FMLA laws include:
(1) An employee is entitled to have health
			 benefits maintained while on federal FMLA leave for up to twelve (12) weeks
			 each leave year. Although there is no requirement under State FMLA to maintain
			 an employee's health benefits during the State FMLA leave period, the
			 obligation under federal FMLA to maintain an employee's health benefits may
			 arise where State FMLA leave and federal FMLA leave run concurrently. An
			 employee is also entitled to be restored to the same or, if not available,
			 equivalent job with the same or equivalent health benefits at the conclusion of
			 the applicable FMLA leave period.
(2) If an employee uses twelve (12) weeks of
			 State FMLA leave to care for a grandparent with a serious health condition, the
			 employee would still be entitled to his or her full federal FMLA leave
			 entitlement during the leave year, as the leave used was provided for a purpose
			 not covered by federal FMLA.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-41 - How does FMLA affect federal and State anti-discrimination laws?

Current through July 10, 2024
(a) Nothing in FMLA modifies or affects any
			 federal or State law prohibiting discrimination on the basis of a protected
			 class as enumerated in Title VII of the Civil Rights Act of 1964, as amended by
			 the Pregnancy Discrimination Act of 1978,
			 42
			 USC sections 2000e to
			 2000e-17,
			 inclusive, the ADA and FEPA.
(b) An
			 employee may be on a workers' compensation absence due to an on-the-job injury
			 or illness which also qualifies as a serious health condition under the FMLA.
			 The workers' compensation absence and FMLA leave may run concurrently, subject
			 to proper notice and designation by the employer. At some point, the health
			 care provider providing medical care pursuant to the workers' compensation
			 injury or illness may certify the employee is able to return to work in a
			 "light duty" position. If the employer offers such a position, the employee is
			 permitted but not required to accept the position. As a result, the employee
			 may no longer qualify for payments from the workers' compensation benefit plan,
			 but the employee is entitled to continue on unpaid FMLA leave either until the
			 employee is able to return to work or until the employee's FMLA leave
			 entitlement is exhausted. If the employee returning from the workers'
			 compensation injury is a qualified individual with a disability, the employer's
			 obligations may be governed by the ADA and FEPA.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-43 - What can employees do who believe that their rights under FMLA have been violated?

Current through July 10, 2024
(a) Any employee
			 aggrieved by a violation of the provisions of the Act and sections
			 31-51qq-1
			 to 31-51qq-52, inclusive, of the Regulations of Connecticut State Agencies may
			 bring a civil action in a court of competent jurisdiction against the employer
			 not later than one hundred eighty (180) calendar days after the employer action
			 alleged to be in violation of this section. The employee may bring such action
			 without filing an administrative complaint. However, if the aggrieved employee
			 opts to file an administrative complaint with the Labor Department pursuant to
			 subsection (b) of this section, the employee shall have ninety (90) calendar
			 days after the date of the dismissal decision and release of jurisdiction
			 issued by the Commissioner in accordance with section
			 31-51qq-44
			 of the Regulations of Connecticut State Agencies to file a civil action in a
			 court of competent jurisdiction.
(b) If an employee aggrieved by a violation
			 of this section does not bring a civil action in a court of competent
			 jurisdiction, the employee, or his or her authorized representative, may file a
			 complaint with the Labor Department if the employee believes that:
(1) His or her employer has interfered with,
			 restrained or denied the exercise of, or the attempt to exercise, any rights
			 provided under the Act;
(2) His or
			 her employer discharged or caused to be discharged, or in any manner
			 discriminated against, any individual for opposing any practice made unlawful
			 by the Act or because such employee has exercised the rights afforded to such
			 employee under the Act;
(3) His or
			 her employer has violated any provision of the Act with respect to such
			 employee; or
(4) Any person has
			 discharged or caused to be discharged, or in any manner discriminated against,
			 an individual because such individual:
(A) Has
			 filed any charge, or has instituted or caused to be instituted any proceeding,
			 under or related to the Act;
(B)
			 Has given, or is about to give, any information in connection with any inquiry
			 or proceeding relating to any right provided under the Act; or
(C) Has testified, or is about to testify, in
			 any inquiry or proceeding relating to any right provided under the
			 Act.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-44 - What is the complaint process?

Current through July 10, 2024
(a) The Labor
			 Department shall make a finding regarding jurisdiction and, if it has
			 jurisdiction, investigate complaints filed in accordance with section
			 31-51qq-43
			 of the Regulations of Connecticut State Agencies as expeditiously as possible.
			 The Labor Department may, at its discretion, investigate separate complaints in
			 a consolidated manner.
(b) For
			 purposes of this section, "respondent" means any employer or person, who is the
			 subject of a complaint. the Labor Department shall provide to a respondent
			 timely notice that a complaint has been filed and that an investigation has
			 been initiated. Such notice shall contain:
(1)
			 A copy of the complaint;
(2) The
			 right of either party to representation; and
(3) Instructions regarding the need to
			 respond to the complaint.
Any respondent furnished with a notice pursuant to this
				subsection may respond in writing to the Labor Department not later than
				twenty-one (21) calendar days of the mailing date of such notice. The Labor
				Department may, in its sole discretion, afford the respondent additional time
				to respond. Such response may include any information, evidence or argument the
				respondent deems relevant or necessary to the Labor Department's investigation
				and hearing of the complaint. The continuation and completion of the Labor
				Department's investigation shall not be contingent upon such response.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-46 - What procedures govern the contested case hearings?

Current through July 10, 2024
The Rules of Procedure for Hearings in Contested Cases to be
				Conducted by the Labor Commissioner, sections
				31-1-1 to
				31-1-9,
				inclusive, of the Regulations of Connecticut State Agencies, shall apply to any
				hearing scheduled pursuant to section
				31-51qq-44
				of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-47 - What types of redress may the Commissioner order?

Current through July 10, 2024
(a) If
			 the Commissioner concludes in the final decision that a respondent has:
(1) Interfered with, restrained or denied the
			 exercise of, or the attempt to exercise, any rights provided under the
			 Act;
(2) Discharged or caused to be
			 discharged, or in any manner discriminated against, any individual for opposing
			 any practice made unlawful by the Act or because such employee has exercised
			 the rights afforded to such employee under the Act;
(3) Violated any provision of the Act with
			 respect to an eligible employee, or
(4) Discharged, or caused to be discharged,
			 or in any manner discriminated against, an individual because such individual:
(A) Has filed any charge, or has instituted
			 or caused to be instituted any proceeding, under or related to the
			 Act;
(B) Has given, or is about to
			 give, any information in connection with any inquiry or proceeding relating to
			 any right provided under the Act; or
(C) Has testified, or is about to testify, in
			 any inquiry or proceeding relating to any right provided under the Act, the
			 Commissioner may order the respondent to comply with the applicable
			 requirements of the Act and to provide such relief as the Commissioner
			 determines will remedy the harm incurred by the complainant as a result of the
			 respondent's violation, discharge or discrimination. Such relief may include,
			 but is not limited to, restoration of any rights, benefits, entitlements or
			 protections afforded to the employee by the Act, rehiring or reinstatement to
			 the employee's previous job, payment of back wages and reestablishment of
			 employee benefits to which the employee otherwise would have been eligible if
			 the respondent's violation, discharge or discrimination had not occurred and
			 any other monetary compensation for any loss which was the direct result of the
			 respondent's violation, discharge or discrimination.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-49 - What is qualifying exigency leave?

Current through July 10, 2024
(a) Eligible
			 employees may take FMLA leave for a qualifying exigency while the employee's
			 spouse, son, daughter, or parent (the "military member" or "member") is on
			 active duty, or has been notified of an impending call or order to active duty,
			 in the Armed Forces. A call to active duty for purposes of leave taken because
			 of a qualifying exigency refers to a call to active duty under Titles 10 or 32
			 of the United States Code, as amended from time to time.
(b) An eligible employee may take FMLA leave
			 for one (1) or more of the following qualifying exigencies:
(1)
Short-notice deployment.
(A)  To address any issue that arises from
			 the fact that the military member is notified of an impending call or order to
			 active duty seven (7) or less calendar days prior to the date of deployment;
			 and
(B) Leave taken for this
			 purpose can be used for a period of seven (7) calendar days beginning on the
			 date the military member is notified of an impending call or order to active
			 duty;
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-50 - What is leave to care for a covered servicemember with a serious injury or illness (military caregiver leave)?

Current through July 10, 2024
(a)
Definitions.
The following definitions shall apply to sections
				31-51qq-1
				to 31-51qq-52, inclusive, of the Regulations of Connecticut State
				Agencies.
(1) "Covered servicemember"
			 means a current member of the Armed Forces who is undergoing medical treatment,
			 recuperation or therapy, is otherwise in outpatient status or is on the
			 temporary disability retired list for a serious injury or illness incurred in
			 the line of duty.
(2) "Next of kin
			 of a covered servicemember" means the covered servicemember's nearest blood
			 relative, other than the covered servicemember's spouse, parent, son or
			 daughter, in the following order of priority: Blood relatives who have been
			 granted legal custody of the covered servicemember by court decree or statutory
			 provisions, brothers and sisters, grandparents, aunts and uncles, and first
			 cousins, unless the covered servicemember has specifically designated in
			 writing another blood relative as his or her nearest blood relative or any
			 other individual whose close association with the employee is the equivalent of
			 a family member for purposes of military caregiver leave under the FMLA. When
			 no such designation is made, and there are multiple family members with the
			 same level of relationship to the covered servicemember all such family members
			 shall be considered the covered servicemember's next of kin and may take FMLA
			 leave to provide care to the covered servicemember, either consecutively or
			 simultaneously.
(3) "Serious injury
			 or illness" means an injury or illness that was incurred by the covered
			 servicemember in the line of duty on active duty in the Armed Forces or that
			 existed before the beginning of the member's active duty and was aggravated by
			 service in the line of duty on active duty in the Armed Forces and that may
			 render the servicemember medically unfit to perform the duties of the member's
			 office, grade, rank, or rating.
(4)
			 "Son or daughter of a covered servicemember" means the covered servicemember's
			 biological, adopted or foster child, stepchild, legal ward or child for whom
			 the eligible employee or Armed Forces member stood in loco parentis and who is
			 any age.
Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-52 - What certification is required for leave taken to care for a covered servicemember (military caregiver leave)?

Current through July 10, 2024
(a)
Required information from health care provider.
For purposes of
			 subsections (a) and (b) of this section, "TRICARE" means the health care
			 program serving active duty servicemembers, National Guard and Reserve members,
			 retirees, their families, survivors, and certain former spouses worldwide. When
			 leave is taken to care for a covered servicemember, as defined by section
			 31-51qq-50(a)(1) of the Regulations of Connecticut State Agencies, 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
			 31-51qq-1(o)
			 of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-2 - Eligible employee (29 CFR Section 825.110)

Current through July 10, 2024
(a) An
			 eligible employee is an employee of a covered employer who:
(1) Has been employed by the employer for at
			 least twelve (12) months, and
(2)
			 Has been employed for at least nine hundred fifty (950) hours of service during
			 the twelve (12)-month period immediately preceding the commencement of the
			 leave.
Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-3 - Qualifying reasons for leave, general rule (29 CFR Section 825.112)

Current through July 10, 2024
(a)
Circumstances qualifying for
			 leave.
Employers covered by FMLA are required to grant leave to eligible
			 employees:
(1) For birth of a son or daughter,
			 and to care for the newborn child;
(2) For placement with the employee of a son
			 or daughter for adoption or foster care;
(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 the functions of the employee's
			 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;
			 and
(6) To care for a covered
			 service member with a serious injury or illness if the employee is the spouse,
			 son, daughter, parent, or next of kin of the service member.