A new version of the Connecticut Family and Medical Leave Act (“CT FMLA”) became effective on January 1st of this year. The law now notably covers every private employer in Connecticut with at least one employee, signaling a significant expansion of FMLA rights, as the law previously only applied to employers with 75 or more employees.
The revised CT FMLA allows eligible employees who cannot work for certain covered reasons to take a leave of absence from work and return to the same or substantially similar position, subject to certain conditions. Generally, employees are eligible for CT FMLA leave if they have been employed with their employer for at least three months (generally deemed to be thirteen weeks) prior to the commencement of leave. Employees may request prior to that three-month threshold as long as the leave will commence after the threshold is crossed.
The law generally requires eligible employees be granted up to twelve weeks of unpaid leave during a twelve-month period for various qualifying reasons. However, there are certain circumstances that allow for an employee to take unpaid leave for an extended period of time, such as a serious health condition resulting in incapacitation that occurs during a pregnancy or to provide care for a covered service member.
While governmental agencies and municipalities do not fall within the scope of CT FMLA, these employers are still subject to the requirements of the federal Family and Medical Leave Act (“Federal FMLA”). Similar to CT FMLA, federal FMLA provides twelve weeks of job-protected leave for various covered reasons. In addition, private employers should note that they may also be subject to Federal FMLA if they meet the threshold number of employees. Employers, both private and public, with questions regarding compliance under CT FMLA and federal FMLA are encouraged to contact a member of Halloran Sage’s Labor & Employment practice group.
CT FMLA Rules Employers Should Know
A covered employer must generally grant an eligible employee up to twelve weeks of unpaid leave for reasons including but not limited to: (a) the birth and care of a child within the first year after birth, (b) the placement of a child with an employee for adoption or foster care, (c) to provide care for a family member with a serious health condition, (d) for their own serious health condition, and (e) to serve as an organ or blood donor.
A serious health condition is defined as any illness, injury, impairment, or other condition that generally includes: (a) inpatient care or recovery, (b) incapacitation for certain periods of time, (c) pregnancy, (d) serious chronic conditions such as cancer and diabetes, or (e) permanent or long-term conditions that may require the continuing supervision of a healthcare provider such as terminal cancer. An employer may require a medical certification to confirm the employee’s requested leave is covered by CT FMLA provided certain procedures are followed.
Upon return from CT FMLA leave, the employer generally must return the employee to the same, or a substantially similar, job the employee had prior to leave. This rule applies even if the employee has been replaced or their position has been modified to account for the employee’s absence. If the original position is unavailable for these or other reasons, employers must restore employees to an equivalent position with equivalent pay and benefits if such position is available. However, if an employee has work restrictions upon returning from leave, employers may need to accommodate those restrictions and the placement of a returning employee in the same, or a substantially similar, position may become complicated or impossible. An employer may deny the employee’s return to work if the employer has a legitimate business reason unrelated to the CT FMLA. Employers should consult an attorney before placing someone in a different position or denying an employee’s return to work.
Conclusion
Employers should note that the CT FMLA prohibits various acts that can result from misunderstanding the law’s protections. For example, employers may not interfere with or prevent employees from exercising their rights provided by the CT FMLA. Employers also must not discipline, discharge, or otherwise retaliate against any individual for opposing or complaining about any unlawful practice. Conduct that may expose an employer to liability includes failing to provide the same benefits to employees on CT FMLA leave as other similarly situated employees and using CT FMLA leave as a negative factor in promotions or disciplinary actions. Misinterpreting the law, or failing to properly apply the law, can be prevented by becoming familiar with the nuances of CT FMLA, and consulting with a knowledgeable attorney to ensure all of the requirements are met.
For more information or if you would like to consult an attorney with specific questions, please contact a member of Halloran Sage’s Connecticut Labor & Employment practice group.