Overview of Leave Laws and Job Protection Guidelines

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CTFMLA in 2022
 
Legal Division
CT Department of Labor
 
DISCLAIMER
 
This guidance is designed to provide a service to the
employers and employees of this state. It does not
constitute legal advice. Although the Labor
Department makes every effort to provide quality
information, it makes no claims, promises or
guarantees about the accuracy or completeness of
the information contained herein.
 
2
 
OVERVIEW OF LEAVE LAWS
 
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JOB PROTECTION - CTFMLA
JOB PROTECTION - CTFMLA
 
12 weeks every 12 months
Job protected - return to same or equivalent
job
Benefits protected
General rule - treat employee as though they
never took leave
Employee may take up to two additional
weeks of leave during the 12-month period for
a serious health condition resulting in
incapacitation that occurs 
during
 a pregnancy
 
5
 
JOB PROTECTION - FEDERAL FMLA
JOB PROTECTION - FEDERAL FMLA
 
 
Federal FMLA - 12 weeks every 12 months
Job protected - return to same or
equivalent job
Benefits protected
Continuation of employer-sponsored
health benefits during leave
 
CT Paid Leave - Only Income
CT Paid Leave - Only Income
Replacement
Replacement
 
 No job protection
 12 weeks every 12 months
 
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12-MONTH PERIOD - CTFMLA and
12-MONTH PERIOD - CTFMLA and
FEDERAL FMLA
FEDERAL FMLA
 
To determine the 12-month period, the employer must
utilize any one of the following:
A calendar year;
any fixed 12-month period, such as a fiscal year or a
12-month period measured forward from an employee's
first date of employment;
a 12-month period measured forward from an
employee's first day of leave taken; or
a rolling 12-month period measured backward from the
date employee takes FMLA leave.
 
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CTFMLA and FEDERAL FMLA WHEN BOTH
CTFMLA and FEDERAL FMLA WHEN BOTH
SPOUSES WORK FOR THE SAME EMPLOYER
SPOUSES WORK FOR THE SAME EMPLOYER
 
When both spouses work for the same employer, they
may be limited to a combined total of 12 weeks of
leave during any 12-month period if the leave is for:
Birth and bonding;
Adoption or placement of a foster child, OR
Care for family member
Note: Spouses working for the same employer may be limited
to a combined total of 26 weeks for military caregiver leave.
 
 
EXAMPLE WHEN BOTH SPOUSES
EXAMPLE WHEN BOTH SPOUSES
WORK FOR THE SAME EMPLOYER
WORK FOR THE SAME EMPLOYER
 
Wife is disabled for 8 weeks after the birth.
Husband is entitled to take 8 weeks to care for wife with serious health
condition.
Even though each has 4 weeks remaining, they may only use a 
total of 4
weeks combined for bonding 
because weeks must be shared if spouses,
both working for the same employer, want bonding time.
 
Wife uses 4 weeks for bonding
Wife has used a total of 12 weeks of CT FMLA
8 for SHC + 4 for bonding = CT FMLA leave exhausted
Husband may not use any time for bonding because wife is using the 4
remaining shared weeks for bonding
Husband has used a total of 8 weeks of CT FMLA, and has 4 weeks left
to use for other qualifying reasons (not bonding or caring for a family
member)
 
 
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WHAT TRIGGERS THE CTPL and
WHAT TRIGGERS THE CTPL and
FMLA?
FMLA?
 
The birth of a child and care within the first year after birth;
The placement of a child with employee for adoption or foster
care and care within the first year after placement;
To care for a 
family member 
with a serious health condition;
Because of the employee’s own serious health condition;
To serve as an organ or bone marrow donor;
To address qualifying exigencies arising from a spouse, son,
daughter or parent’s active duty service in the armed forces;
To care for a spouse, son, daughter, parent or next of kin with a
serious injury or illness incurred on active duty in the armed
forces
Federal FMLA does not include leave for a family member –
limited to spouse, son, daughter, or parent, which are not as
broadly defined
 
12
 
MILITARY FMLA - CT
 
MILITARY CAREGIVER LEAVE (care for a
seriously ill or injured servicemember)
26 weeks
 of leave allowed for:
Spouse, child (of any age), parent, or next-of-kin of a current member
of the Armed Forces where the servicemember is:
Undergoing medical treatment, recuperation or therapy
Otherwise in outpatient status; OR
On the temporary disability retired list
for a serious injury or illness incurred in the line of duty.
Applies on a per-servicemember, per-injury basis, so employee may receive
up to 26 weeks of leave to care for different servicemembers or same
servicemember with a different injury/illness, but no more than 26 weeks of
leave in any 12-month period.
 
 
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MILITARY FMLA - CT
 
QUALIFYING EXIGENCY
12 weeks 
of leave allowed for
Eligible employee whose spouse, son, daughter, or
parent is a military member on covered active duty to
take 
leave to address a qualifying exigency, which
includes:
Leave to address short-notice deployment, military
events and related activities, childcare and school
activities, financial and legal arrangements,
counseling, covered servicemember’s rest and
recuperation, post-deployment activities, additional
activities agreed to by employee and employer
 
 
 
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Employers covered
One or more employees
Both 
exclude
 municipalities, local or regional boards
of education, nonpublic elementary or secondary
schools
Unless unions negotiate inclusion into CTPL program.
CTFMLA 
includes
 the state
 
Federal FMLA applies to all public agencies, federal,
state and local, regardless of number of employees
(applies to 50+ employees in 75 miles for private
employers)
 
15
 
CTFMLA and CTPL
CTFMLA and CTPL
 
CTPL - Covered Public Employees
CTPL - Covered Public Employees
 
All non-unionized employees of the State of
Connecticut
Unionized employees of the State of Connecticut who
collectively bargain to be included in the program
Employees of municipalities (union and nonunion) IF
the unionized employees of the municipality
collectively bargain to be included
Employees of local and regional boards of education
(union and nonunion) IF the unionized employees
collectively bargain to be included
 
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"
Family member
" means a spouse, sibling, son or
daughter, grandparent, grandchild or parent, or an
individual related to the employee by blood or
affinity whose close association the employee
shows to be the equivalent of those family
relationships (significant bond)
The employee need only provide a simple written
statement that the employee considers the relationship
with an individual to be equivalent to one with a “family
member”
Federal FMLA definitions are narrower
 
17
 
CTFMLA AND CTPL 
CTFMLA AND CTPL 
- Definitions
 
"
Grandchild
" means a grandchild related to a
person by (A) blood, (B) marriage, (C) adoption by a
child of the grandparent, or (D) foster care by a
child of the grandparent
"
Grandparent
" means a grandparent related to a
person by (A) blood, (B) marriage, (C) adoption of a
minor child by a child of the grandparent, or (D)
foster care by a child of the grandparent
 
These categories are not in the Federal FMLA
 
i18
 
CTFMLA AND CTPL 
CTFMLA AND CTPL 
- Definitions
 
"
Sibling
" means a biological brother or sister, half-
brother or half-sister, stepbrother or stepsister,
adopted brother or sister, foster brother or sister,
brother-in-law or sister-in-law of the eligible
employee or employee’s spouse.
 
Federal FMLA does 
not
 include siblings.
 
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FMLA AND CTPL 
FMLA AND CTPL 
Definitions
 
"
Son or daughter
" means a biological, adopted or
foster child, stepchild, legal ward, or, in the
alternative, a child of a person standing in loco
parentis, or an individual to whom the employee
stood in loco parentis when the individual was a
child.  
Child may be of any age.
 
The definition of son or daughter is narrower in the Federal
FMLA.
 
20
 
CTFMLA AND CTPL 
CTFMLA AND CTPL 
Definitions
 
 
No base period employer's account shall be charged
with respect to benefits paid to a claimant whose
separation from employment is attributable to the
return of an individual who was absent from work
due to a bona fide leave taken under CTFMLA or
CTPL
All benefits paid which are not charged to any
employer shall be pooled among all employers
 
21
 
UNEMPLOYMENT COMPENSATION
UNEMPLOYMENT COMPENSATION
BENEFITS and CTPL and CTFMLA
BENEFITS and CTPL and CTFMLA
 
22
 
CTFMLA, CTPL, federal FMLA
CTFMLA, CTPL, federal FMLA
 
What does it mean “to care for” a family
member?
 
Physical and psychological care
 
Includes situations where the employee may
be needed to fill in for others who are caring
for the family member, or to make
arrangements for changes in care
 
23
 
SERIOUS HEALTH CONDITION
SERIOUS HEALTH CONDITION
(CTFMLA, CTPL, federal FMLA)
 
An illness, injury, impairment, or physical or
mental condition which involves:
 
(1) Inpatient care and treatment therefor or
recovery therefrom
 
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SERIOUS HEALTH CONDITION
SERIOUS HEALTH CONDITION
 
(2) Continuing treatment by a healthcare
provider with incapacity of 
more
 than 3 full
consecutive 
calendar
 days, AND:
 
2 or more treatments by a healthcare
provider
 
(
1
st
 visit within 
7 days
 of first day of
incapacity and 2
nd
 visit within 
30 days
 of first
day of incapacity
)
                       
      
OR
 
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SERIOUS HEALTH CONDITION
SERIOUS HEALTH CONDITION
 
(3) Continuing treatment by a healthcare
provider with incapacity of 
more
 than 3 full
consecutive 
calendar
 days, AND:
 
1 treatment by a healthcare provider
(within 
7 days
 of the first day of incapacity)
with a 
regimen of continuing treatment
 
regimen of continuing treatment
 - includes prescription
medication or physical therapy
 
incapacity
 - means inability to work or go to school or
perform other regular daily activities
 
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SERIOUS HEALTH CONDITION
SERIOUS HEALTH CONDITION
 
(4) Any period of incapacity because of
pregnancy
 or 
prenatal care
A doctor’s visit at the time of each absence is not
required
 
Pregnancy Discrimination Act (Commission on
Human Rights and Opportunities)
 
In Connecticut, a pregnant employee is entitled to
a “reasonable leave of absence for the period of
disability resulting from pregnancy.”
 
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SERIOUS HEALTH CONDITION
SERIOUS HEALTH CONDITION
 
(5) 
Chronic condition
Any period of incapacity due to a chronic condition which :
Requires at least 
2 visits
 
per year
 for treatment
Continues over an extended period of time
May cause episodic rather than continuous incapacity,
i.e.
, “intermittent leave”
A doctor’s visit at the time of each absence is not
required
Examples -  Asthma, Migraines
 
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SERIOUS HEALTH CONDITION
SERIOUS HEALTH CONDITION
 
(6) Any period of incapacity for restorative
surgery or for conditions that if left untreated
would result in incapacity of more than 3
consecutive calendar days
 
Chemotherapy or radiation for cancer
 Dialysis for kidney disease
 
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SERIOUS HEALTH CONDITION
SERIOUS HEALTH CONDITION
 
(7) Any period of incapacity for a permanent or
long-term condition under the continuing
supervision of a healthcare provider
Alzheimer’s, stroke
 
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SUMMARY OF SERIOUS HEALTH CONDITION
SUMMARY OF SERIOUS HEALTH CONDITION
(CTFMLA, CTPL, federal FMLA)
 
1.
Inpatient
 
2.
Incapacitated more than 3 consecutive calendar days plus
two HCP visits (1
st
 within 7 days, 2
nd
 within 30 days)
 
3.
Incapacitated more than 3 consecutive calendar days plus
one HCP visit (within 7 days) and regimen of treatment
(prescription medicine, physical therapy, etc.)
 
4.
Chronic
 
5.
Pregnancy
 
6.
Restorative surgery/illness left untreated
 
7.
Long-term condition
 
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INTERMITTENT LEAVE
INTERMITTENT LEAVE
(CTFMLA, CTPL, federal FMLA)
 
FMLA leave may be taken intermittently or on a
reduced schedule leave under certain
circumstances
when medically necessary for planned and/or
unanticipated medical treatment
for recovery from treatment or recovery from a serious
health condition
for the care and comfort of a family member
for absences where employee or family member is
incapacitated
 
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INTERMITTENT LEAVE
INTERMITTENT LEAVE
 
If an employee needs leave intermittently or on a
reduced schedule for planned medical treatment
 
- the employee 
must make a reasonable effort
 to
schedule the treatment so as not to unduly
disrupt the employer’s operations
 
33
 
INTERMITTENT LEAVE
INTERMITTENT LEAVE
 
Employer cannot ask for a doctor’s note for
each intermittent FMLA absence
must rely on medical certification or
recertification forms
 
 
34
 
EMPLOYEE NOTICE –
EMPLOYEE NOTICE –
INITIATING THE LEAVE
INITIATING THE LEAVE
 
When the need for leave is FORESEEABLE:
Typically, 
30
 days advance request
 
When the need for leave is NOT
FORESEEABLE:
Notify employer as soon as practicable
Request need not mention FMLA initially
 
35
 
EMPLOYEE NOTICE
EMPLOYEE NOTICE
 
Verbal notice
 is sufficient
Employee request need not mention FMLA specifically,
only that leave is needed for an FMLA qualifying reason
 
If employee calling in absent - must give 
adequate
information
 to indicate illness/injury may be FMLA qualifying
“I am sick” is not enough
If employee mentions specific medical condition – give
FMLA paperwork
 
EMPLOYEE NOTICE
EMPLOYEE NOTICE
 
 
Supervisors and Managers need to know that failing
to notify HR immediately can put the employer at
risk
Notices will not be provided to employee in required
timeframe – usually 5 days
Absences that should be protected could be held against
an employee
Should not be handling medical info
 
36
 
Decision-Matrix When Employee Requests Leave
 
Eligibility for
Job-Protected
Leave
 
An employee can be eligible for:
Federal FMLA only
CTFMLA only
Both Federal and CTFMLA (running
concurrently)
Neither Federal nor CTFMLA but
job-protected leave as a
reasonable accommodation
No job-protected leave at all
 
LEAVES RUN CONCURRENTLY
LEAVES RUN CONCURRENTLY
 
If leaves are taken for the same qualifying reason
,
CTFMLA, federal FMLA and CTPL may run at the
same time
CTFMLA leave may also run concurrently with
disability leave, workers’ compensation, STD, LTD,
sick leave, vacation, PTO….
 
 
 
39
 
EXAMPLE #1 - (concurrent leave)
EXAMPLE #1 - (concurrent leave)
 
Employee took leave to care for her spouse from May 1, 2022, to July 1, 2022.  She
used 8 weeks of CTFMLA and federal FMLA.  She also applied for and received
income replacement under CTPL.
 
Then she asks for leave to care for her grandparent on September 1, 2022.
 
What remains of her 12-week entitlements for all 3 laws?
4 weeks under CTFMLA, CTPL, federal FMLA
 
Can she use all 4 weeks of each law to care for her grandparent?
No.  Federal FMLA does not include a grandparent in its covered family
members (unless there is an “in loco parentis” relationship)
She can use 4 weeks under CTFML and CTPL.  She will still have 4 weeks under
federal FMLA remaining for a qualifying reason.
 
 
 
 
40
 
EXAMPLE #2
EXAMPLE #2
(concurrent leave)
(concurrent leave)
 
On April 1, 2022, employee went out on leave to care for her
sibling
 and used CTFMLA in a block of leave of 12 weeks
during the year.
She also received income replacement through CTPL.
She needs leave again on August 1, 2022, for her own serious
health condition
She already used up all of her CTFMLA and CTPL. She
only has federal FMLA left because the federal FMLA
did not apply to the leave for a sibling. She has her full
12-week entitlement under federal FMLA.
 
 
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NOTICES/FORMS
NOTICES/FORMS
 
Employer is responsible for providing all
CTFMLA notices and forms to the
employee
DOL website will have the needed forms
for CTFMLA
 
 
 
 
43
 
MEDICAL CERTIFICATION
MEDICAL CERTIFICATION
 
Employer may request certification of the serious
health condition by a healthcare provider (Job
description may be attached)
 
Employee must be given at least 
15 days
 after
receipt of the form from the employer to return the
medical certification
 
Employer should give employee additional time
where 15 days is not practicable and employee is
making a good faith effort
 
MEDICAL CERTIFICATION
MEDICAL CERTIFICATION
 
Cure
If employer finds certification incomplete or
insufficient:
The employer must give 
employee 
7 days
 
to cure an
incomplete or insufficient certification
Incomplete – one or more of the applicable entries have
not been completed
Insufficient – the certification is complete, but the
information is vague, ambiguous or non-responsive
 
 
 
44
 
MEDICAL CERTIFICATION
MEDICAL CERTIFICATION
 
Authentication and Clarification
CT and Federal - allows employer personnel
such as HR (not supervisor) to call HCP for
authentication and clarification
Request for clarification must be with the employee’s
permission
If employee refuses, must provide clarification or
FMLA can be denied.
 
45
 
MEDICAL CERTIFICATION
MEDICAL CERTIFICATION
 
SECOND OPINION –
The employee or the employee’s family member must
release relevant medical information pertaining to the
serious health condition to second opinion HCP
 
THIRD OPINION
Employer and employee must agree on HCP to provide
third opinion, which is binding
 
46
 
 
MEDICAL CERTIFICATION
MEDICAL CERTIFICATION
 
TRANSLATION
An employee is required to provide a
translation for any medical certification in
a foreign language
 
 
47
 
RECERTIFICATION
RECERTIFICATION
 
Employer may ask for recertification on a
“reasonable basis”
If SHC has a finite duration, must wait until that
time expires to ask for a recertification.
However, if the duration is
 longer than 6 months – can
ask every 
6 months
 in conjunction with an absence.
Otherwise, no more than every 30 days in
conjunction with an absence, unless:
Employee requests an extension
Circumstances of leave have changed significantly, or
Validity of certification is in doubt
 
48
 
RECERTIFICATION
RECERTIFICATION
 
 
Employer shall pay for any recertification
that is not covered by the employee's health
insurance
 
An employer may not require a second or
third opinion on recertification
 
49
 
PATTERN OF ABSENCES
PATTERN OF ABSENCES
 
If an employee has a pattern of FMLA
absences (such as before or after every
holiday or weekend), the employer may ask
the employee about the pattern and require
a recertification from the HCP (attaching the
employee’s attendance information)
 
50
 
SUMMARY OF MEDICAL
SUMMARY OF MEDICAL
CERTIFICATION PROCESS
CERTIFICATION PROCESS
 
1.
Medical Certification
2.
Cure/Clarification
3.
Second opinion
4.
Third binding opinion
5.
Recertification
6.
Clarification on recertification but no second
or third opinion
 
51
 
52
 
IS CTFMLA PAID OR UNPAID?
IS CTFMLA PAID OR UNPAID?
 
Generally, FMLA leave is unpaid 
except that
:
An employee’s accrued benefits (vacation, sick
leave, personal leave, PTO, etc.) may apply to the
leave if required by the employer or elected by
the employee*
 
*
However, an employee may choose to preserve
up to 2 weeks of his/her accrued benefits
 
53
 
IS CTFMLA PAID OR UNPAID?
IS CTFMLA PAID OR UNPAID?
 
(continued)
Generally, CTFMLA leave is unpaid 
except
that
:
CTPL, short-term or long-term disability benefits
or workers’ compensation may also apply to the
leave based upon the employee’s eligibility for
such other leave.
 
CTPL
 
You cannot collect CTPL if you are on workers’
compensation or are receiving unemployment
benefits.
 
54
 
USE OF SICK LEAVE FOR
USE OF SICK LEAVE FOR
FAMILY MEMBER
FAMILY MEMBER
 
Employee may use up to 2 weeks of accumulated
sick leave for the serious health condition of a family
member of the employee, or for the birth or
adoption of a son or daughter of the employee.
 
Employer must have a bona fide written sick leave
policy.
 
This is only for CT FMLA
 
55
 
FITNESS-FOR-DUTY CERTIFICATION
FITNESS-FOR-DUTY CERTIFICATION
 
Employer can require employee to provide a
“fitness-for-duty” certification upon return from
a continuous absence due to employee’s own
serious health condition.
Just a simple statement but employer may ask
the HCP to review the employee’s job description
to ensure that the employee is able to perform
his or her job duties.
 
 
 
56
 
FITNESS-FOR-DUTY CERTIFICATION
FITNESS-FOR-DUTY CERTIFICATION
 
Federal – allows employer to require “fitness for
duty” note every 30 days for employee on
intermittent leave
 in conjunction with an absence
Must be “reasonable safety concerns” regarding
employee’s ability to perform job
 
CTFMLA - does not allow employers to
request fitness-for-duty certifications for
intermittent or reduced schedule leaves
 
57
 
RIGHT TO REINSTATEMENT
RIGHT TO REINSTATEMENT
 
General Rule:  An employee must be reinstated to
the same or, if not available, an equivalent position
upon returning from FMLA leave.
 
Equivalent means virtually identical in terms of pay,
benefits, working conditions (e.g., duties,
responsibilities, privileges, perquisites and status)
 
58
 
RIGHT TO REINSTATEMENT
RIGHT TO REINSTATEMENT
 
However, there is no right to reinstatement under
the following circumstances:
After the leave entitlement is exhausted;
If the employment relationship would have ended,
regardless of the employee’s taking FMLA leave
(e.g., layoff); or
Where employee obtains FMLA leave fraudulently.
 
59
 
RIGHT TO REINSTATEMENT
RIGHT TO REINSTATEMENT
 
If an employee is medically unable to perform his or
her original job at the expiration of CT FMLA, the
employer must transfer the employee to work
suitable to the employee’s physical condition if
such work is available.
Suitable work may include part-time work or work at
a lesser pay scale.
 
* E
mployer may also have obligations under the ADA or CT
FEPA to provide the employee with reasonable
accommodations.
 
60
 
VIOLATIONS
VIOLATIONS
 
It shall be a violation for any employer to
interfere with, restrain or deny the exercise of, or the
attempt to exercise, any right provided
discharge or cause to be discharged, or in any other
manner discriminate, against any individual for opposing
any practice made unlawful by said sections or because
such employee has exercised the rights afforded to such
employee under said sections
 
61
 
VIOLATIONS
VIOLATIONS
 
It shall be a violation for any person to discharge or cause to
be discharged, or in any other manner discriminate, against
any individual because such individual:
(1) Has filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to sections 5-
248a and 31-51kk to 31-51qq, inclusive;
(2) Has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any
right provided under said sections; or
(3) Has testified, or is about to testify, in any inquiry or
proceeding relating to any right provided under said
sections.
 
62
 
VIOLATIONS
VIOLATIONS
 
It shall be a violation for any employer to deny an
employee the right to use up to 2 weeks of
accumulated sick leave or to discharge, threaten to
discharge, demote, suspend or in any manner
discriminate against an employee for using, or
attempting to exercise the right to use, up to two
weeks of accumulated sick leave to attend to a
serious health condition of a family member of the
employee, or for the birth or adoption of a son or
daughter of the employee.
 
63
 
SUPERVISOR LIABILITY
SUPERVISOR LIABILITY
 
Supervisors exercising sufficient control over the
decision to terminate an employee may be held
individually liable for violations of FMLA.
 
“Employer” includes managers who act with some
degree of control over the employee or who discuss
or have responsibility to discuss leave with the
employee.
Considered acting in the interest of employer
 
64
 
BEST PRACTICES
BEST PRACTICES
 
 
Training supervisors on CTFMLA and CTPL
helps employer and HR avoid:
Retaliation against employees whose
absences are protected
Improper questions about medical
condition
Interference with a leave
 
65
 
BEST PRACTICES
BEST PRACTICES
 
Recordkeeping
Both HR and managers/supervisors should keep detailed and
accurate records of FMLA
When employee calls out, document the reason the employee
gives for calling out
Communicate with the employee in writing
Be responsive if employee has questions
Be specific about what the employee is entitled to and what is
required of the employee
Maintain the records in accordance with record retention laws
 
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Providing a comprehensive overview of various leave laws, job-protected leave, and income replacement options for employees in Connecticut, including details on Federal FMLA, CT Paid Leave, CTFMLA, Workers Compensation, Paid Sick Leave, Americans with Disabilities Act, Pregnancy Disability Act, and CT Fair Employment Practice Act. The content also outlines job protection rights under CTFMLA and Federal FMLA, emphasizing return rights and benefits protection for employees.


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  1. CTFMLA in 2022 Legal Division CT Department of Labor 1

  2. DISCLAIMER This guidance is designed to provide a service to the employers and employees of this state. It does not constitute legal advice. Although the Labor Department makes every effort to provide quality information, it makes no claims, promises or guarantees about the accuracy or completeness of the information contained herein. 2

  3. OVERVIEW OF LEAVE LAWS LAWS PROVIDING JOB-PROTECTED LEAVE LAWS PROVIDING INCOME REPLACEMENT DURING LEAVE Federal FMLA (50+ employees in a 75-mile radius for private employers and 1+ for public employers) CT Paid Leave ( CTPL ) (1+ employees working in CT and self-employed opting in) CTFMLA (1+ employees working in CT) Workers Compensation - for covered on-the-job injuries/illnesses Workers Compensation - for covered on-the-job injuries/illness Paid Sick Leave (50 or more employees in CT on 10/1 of each year) - up to 40 hours in a one-year period only applies to 69 categories of service workers Americans with Disabilities Act (15+ employees) - Leave may be a reasonable accommodation Pregnancy Disability Act (15+ employees) - Leave may be a reasonable accommodation CT Fair Employment Practice Act (3+ employees) - Leave may be a reasonable accommodation Paid Sick Leave (50 or more employees in CT on 10/1 of each year) - up to 40 hours in a one-year period only applies to 69 categories of service workers

  4. JOB PROTECTION - CTFMLA 12 weeks every 12 months Job protected - return to same or equivalent job Benefits protected General rule - treat employee as though they never took leave Employee may take up to two additional weeks of leave during the 12-month period for a serious health condition resulting in incapacitation that occurs during a pregnancy 4

  5. JOB PROTECTION - FEDERAL FMLA Federal FMLA - 12 weeks every 12 months Job protected - return to same or equivalent job Benefits protected Continuation of employer-sponsored health benefits during leave 5

  6. CT Paid Leave - Only Income Replacement No job protection 12 weeks every 12 months 6

  7. What is the length of the FMLA leave/paid leave benefits? Federal FMLA job-protected leave CTPL paid leave benefits (as of 1/1/22) CTFMLA job-protected leave (as of 1/1/22) Up to 12 weeks in a 12-month period for all leave reasons except: Up to 12 weeks in a 12-month period for all leave reasons except: Up to 12 weeks in a 12-month period for all leave reasons including military caregiver leave except: Up to 26 weeks in a 12-month period for military caregiver leave Up to 26 weeks in a 12-month period for military caregiver leave Up to 12 days of the 12 weeks could be used for income replacement during family violence leave ***Under 31-51ss (not CTFMLA), an employee who is a victim of family violence may use up to 12 days of leave during any calendar year in which such leave is reasonably necessary.Leave shall not affect any other leave provided under state or federal law An employee may be eligible for 2 additional weeks of leave for incapacity due to a serious health condition during pregnancy An employee may be eligible for 2 additional weeks of income replacement during leave for incapacity due a serious health condition during pregnancy

  8. 12-MONTH PERIOD - CTFMLA and FEDERAL FMLA To determine the 12-month period, the employer must utilize any one of the following: A calendar year; any fixed 12-month period, such as a fiscal year or a 12-month period measured forward from an employee's first date of employment; a 12-month period measured forward from an employee's first day of leave taken; or a rolling 12-month period measured backward from the date employee takes FMLA leave. 8

  9. CTFMLA and FEDERAL FMLA WHEN BOTH SPOUSES WORK FOR THE SAME EMPLOYER When both spouses work for the same employer, they may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is for: Birth and bonding; Adoption or placement of a foster child, OR Care for family member Note: Spouses working for the same employer may be limited to a combined total of 26 weeks for military caregiver leave. 9

  10. EXAMPLE WHEN BOTH SPOUSES WORK FOR THE SAME EMPLOYER Wife is disabled for 8 weeks after the birth. Husband is entitled to take 8 weeks to care for wife with serious health condition. Even though each has 4 weeks remaining, they may only use a total of 4 weeks combined for bonding because weeks must be shared if spouses, both working for the same employer, want bonding time. Wife uses 4 weeks for bonding Wife has used a total of 12 weeks of CT FMLA 8 for SHC + 4 for bonding = CT FMLA leave exhausted Husband may not use any time for bonding because wife is using the 4 remaining shared weeks for bonding Husband has used a total of 8 weeks of CT FMLA, and has 4 weeks left to use for other qualifying reasons (not bonding or caring for a family member) 10

  11. WHAT TRIGGERS THE CTPL and FMLA? The birth of a child and care within the first year after birth; The placement of a child with employee for adoption or foster care and care within the first year after placement; To care for a family member with a serious health condition; Because of the employee s own serious health condition; To serve as an organ or bone marrow donor; To address qualifying exigencies arising from a spouse, son, daughter or parent s active duty service in the armed forces; To care for a spouse, son, daughter, parent or next of kin with a serious injury or illness incurred on active duty in the armed forces Federal FMLA does not include leave for a family member limited to spouse, son, daughter, or parent, which are not as broadly defined 11

  12. MILITARY FMLA - CT MILITARY CAREGIVER LEAVE (care for a seriously ill or injured servicemember) 26 weeks of leave allowed for: Spouse, child (of any age), parent, or next-of-kin of a current member of the Armed Forces where the servicemember is: Undergoing medical treatment, recuperation or therapy Otherwise in outpatient status; OR On the temporary disability retired list for a serious injury or illness incurred in the line of duty. Applies on a per-servicemember, per-injury basis, so employee may receive up to 26 weeks of leave to care for different servicemembers or same servicemember with a different injury/illness, but no more than 26 weeks of leave in any 12-month period. 12

  13. MILITARY FMLA - CT QUALIFYING EXIGENCY 12 weeks of leave allowed for Eligible employee whose spouse, son, daughter, or parent is a military member on covered active duty to take leave to address a qualifying exigency, which includes: Leave to address short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, covered servicemember s rest and recuperation, post-deployment activities, additional activities agreed to by employee and employer 13

  14. What are the eligibility requirements? Federal FMLA job-protected leave CTPL paid leave benefits (as of 1/1/22) CTFMLA job-protected leave (as of 1/1/22) Employed by the employer for at least 12 months & Employed by the employer for at least 3 months Earned at least $2,325 in the highest earning quarter of the first 4 of the past 5 quarters (from 1 or more employers)& Worked at least 1250 hours in the 12 months immediately preceding the leave No hours worked requirement Is either: Currently employed and working in CT; Was employed and working in CT during the past 12 weeks; or A sole proprietor or self-employed individual who has opted to participate in the CTPL program.

  15. CTFMLA and CTPL Employers covered One or more employees Both exclude municipalities, local or regional boards of education, nonpublic elementary or secondary schools Unless unions negotiate inclusion into CTPL program. CTFMLA includes the state Federal FMLA applies to all public agencies, federal, state and local, regardless of number of employees (applies to 50+ employees in 75 miles for private employers) 15

  16. CTPL - Covered Public Employees All non-unionized employees of the State of Connecticut Unionized employees of the State of Connecticut who collectively bargain to be included in the program Employees of municipalities (union and nonunion) IF the unionized employees of the municipality collectively bargain to be included Employees of local and regional boards of education (union and nonunion) IF the unionized employees collectively bargain to be included 16

  17. CTFMLA AND CTPL - Definitions "Family member" means a spouse, sibling, son or daughter, grandparent, grandchild or parent, or an individual related to the employee by blood or affinity whose close association the employee shows to be the equivalent of those family relationships (significant bond) The employee need only provide a simple written statement that the employee considers the relationship with an individual to be equivalent to one with a family member Federal FMLA definitions are narrower 17

  18. CTFMLA AND CTPL - Definitions "Grandchild" means a grandchild related to a person by (A) blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) foster care by a child of the grandparent "Grandparent" means a grandparent related to a person by (A) blood, (B) marriage, (C) adoption of a minor child by a child of the grandparent, or (D) foster care by a child of the grandparent These categories are not in the Federal FMLA i18

  19. FMLA AND CTPL - Definitions "Sibling" means a biological brother or sister, half- brother or half-sister, stepbrother or stepsister, adopted brother or sister, foster brother or sister, brother-in-law or sister-in-law of the eligible employee or employee s spouse. Federal FMLA does not include siblings. 19

  20. CTFMLA AND CTPL - Definitions "Son or daughter" means a biological, adopted or foster child, stepchild, legal ward, or, in the alternative, a child of a person standing in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a child. Child may be of any age. The definition of son or daughter is narrower in the Federal FMLA. 20

  21. UNEMPLOYMENT COMPENSATION BENEFITS and CTPL and CTFMLA No base period employer's account shall be charged with respect to benefits paid to a claimant whose separation from employment is attributable to the return of an individual who was absent from work due to a bona fide leave taken under CTFMLA or CTPL All benefits paid which are not charged to any employer shall be pooled among all employers 21

  22. CTFMLA, CTPL, federal FMLA What does it mean to care for a family member? Physical and psychological care Includes situations where the employee may be needed to fill in for others who are caring for the family member, or to make arrangements for changes in care 22

  23. SERIOUS HEALTH CONDITION (CTFMLA, CTPL, federal FMLA) An illness, injury, impairment, or physical or mental condition which involves: (1) Inpatient care and treatment therefor or recovery therefrom 23

  24. SERIOUS HEALTH CONDITION (2) Continuing treatment by a healthcare provider with incapacity of more than 3 full consecutive calendar days, AND: 2 or more treatments by a healthcare provider (1st visit within 7 days of first day of incapacity and 2nd visit within 30 days of first day of incapacity) OR 24

  25. SERIOUS HEALTH CONDITION (3) Continuing treatment by a healthcare provider with incapacity of more than 3 full consecutive calendar days, AND: 1 treatment by a healthcare provider (within 7 days of the first day of incapacity) with a regimen of continuing treatment regimen of continuing treatment - includes prescription medication or physical therapy incapacity - means inability to work or go to school or perform other regular daily activities 25

  26. SERIOUS HEALTH CONDITION (4) Any period of incapacity because of pregnancy or prenatal care A doctor s visit at the time of each absence is not required Pregnancy Discrimination Act (Commission on Human Rights and Opportunities) In Connecticut, a pregnant employee is entitled to a reasonable leave of absence for the period of disability resulting from pregnancy. 26

  27. SERIOUS HEALTH CONDITION (5) Chronic condition Any period of incapacity due to a chronic condition which : Requires at least 2 visits per year for treatment Continues over an extended period of time May cause episodic rather than continuous incapacity, i.e., intermittent leave A doctor s visit at the time of each absence is not required Examples - Asthma, Migraines 27

  28. SERIOUS HEALTH CONDITION (6) Any period of incapacity for restorative surgery or for conditions that if left untreated would result in incapacity of more than 3 consecutive calendar days Chemotherapy or radiation for cancer Dialysis for kidney disease 28

  29. SERIOUS HEALTH CONDITION (7) Any period of incapacity for a permanent or long-term condition under the continuing supervision of a healthcare provider Alzheimer s, stroke 29

  30. SUMMARY OF SERIOUS HEALTH CONDITION (CTFMLA, CTPL, federal FMLA) 1. Inpatient 2. Incapacitated more than 3 consecutive calendar days plus two HCP visits (1st within 7 days, 2nd within 30 days) 3. Incapacitated more than 3 consecutive calendar days plus one HCP visit (within 7 days) and regimen of treatment (prescription medicine, physical therapy, etc.) 4. Chronic 5. Pregnancy 6. Restorative surgery/illness left untreated 7. Long-term condition 30

  31. INTERMITTENT LEAVE (CTFMLA, CTPL, federal FMLA) FMLA leave may be taken intermittently or on a reduced schedule leave under certain circumstances when medically necessary for planned and/or unanticipated medical treatment for recovery from treatment or recovery from a serious health condition for the care and comfort of a family member for absences where employee or family member is incapacitated 31

  32. INTERMITTENT LEAVE If an employee needs leave intermittently or on a reduced schedule for planned medical treatment - the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt the employer s operations 32

  33. INTERMITTENT LEAVE Employer cannot ask for a doctor s note for each intermittent FMLA absence must rely on medical certification or recertification forms 33

  34. EMPLOYEE NOTICE INITIATING THE LEAVE When the need for leave is FORESEEABLE: Typically, 30 days advance request When the need for leave is NOT FORESEEABLE: Notify employer as soon as practicable Request need not mention FMLA initially 34

  35. EMPLOYEE NOTICE Verbal notice is sufficient Employee request need not mention FMLA specifically, only that leave is needed for an FMLA qualifying reason If employee calling in absent - must give adequate information to indicate illness/injury may be FMLA qualifying I am sick is not enough If employee mentions specific medical condition give FMLA paperwork 35

  36. EMPLOYEE NOTICE Supervisors and Managers need to know that failing to notify HR immediately can put the employer at risk Notices will not be provided to employee in required timeframe usually 5 days Absences that should be protected could be held against an employee Should not be handling medical info 36

  37. Decision-Matrix When Employee Requests Leave Every time an employee asks for time off from work for a potentially FMLA- qualifying reason, the employer must conduct the following analysis: Is the employee eligible for job-protected leave under one or more statutes? Is the employee eligible for any income replacement while on leave? Both questions should be addressed every time

  38. An employee can be eligible for: Federal FMLA only Eligibility for Job-Protected Leave CTFMLA only Both Federal and CTFMLA (running concurrently) Neither Federal nor CTFMLA but job-protected leave as a reasonable accommodation No job-protected leave at all

  39. LEAVES RUN CONCURRENTLY If leaves are taken for the same qualifying reason, CTFMLA, federal FMLA and CTPL may run at the same time CTFMLA leave may also run concurrently with disability leave, workers compensation, STD, LTD, sick leave, vacation, PTO . 39

  40. EXAMPLE #1 - (concurrent leave) Employee took leave to care for her spouse from May 1, 2022, to July 1, 2022. She used 8 weeks of CTFMLA and federal FMLA. She also applied for and received income replacement under CTPL. Then she asks for leave to care for her grandparent on September 1, 2022. What remains of her 12-week entitlements for all 3 laws? 4 weeks under CTFMLA, CTPL, federal FMLA Can she use all 4 weeks of each law to care for her grandparent? No. Federal FMLA does not include a grandparent in its covered family members (unless there is an in loco parentis relationship) She can use 4 weeks under CTFML and CTPL. She will still have 4 weeks under federal FMLA remaining for a qualifying reason. 40

  41. EXAMPLE #2 (concurrent leave) On April 1, 2022, employee went out on leave to care for her sibling and used CTFMLA in a block of leave of 12 weeks during the year. She also received income replacement through CTPL. She needs leave again on August 1, 2022, for her own serious health condition She already used up all of her CTFMLA and CTPL. She only has federal FMLA left because the federal FMLA did not apply to the leave for a sibling. She has her full 12-week entitlement under federal FMLA. 41

  42. NOTICES/FORMS Employer is responsible for providing all CTFMLA notices and forms to the employee DOL website will have the needed forms for CTFMLA 42

  43. MEDICAL CERTIFICATION Employer may request certification of the serious health condition by a healthcare provider (Job description may be attached) Employee must be given at least 15 days after receipt of the form from the employer to return the medical certification Employer should give employee additional time where 15 days is not practicable and employee is making a good faith effort 43

  44. MEDICAL CERTIFICATION Cure If employer finds certification incomplete or insufficient: The employer must give employee 7 days to cure an incomplete or insufficient certification Incomplete one or more of the applicable entries have not been completed Insufficient the certification is complete, but the information is vague, ambiguous or non-responsive 44

  45. MEDICAL CERTIFICATION Authentication and Clarification CT and Federal - allows employer personnel such as HR (not supervisor) to call HCP for authentication and clarification Request for clarification must be with the employee s permission If employee refuses, must provide clarification or FMLA can be denied. 45

  46. MEDICAL CERTIFICATION SECOND OPINION The employee or the employee s family member must release relevant medical information pertaining to the serious health condition to second opinion HCP THIRD OPINION Employer and employee must agree on HCP to provide third opinion, which is binding 46

  47. MEDICAL CERTIFICATION TRANSLATION An employee is required to provide a translation for any medical certification in a foreign language 47

  48. RECERTIFICATION Employer may ask for recertification on a reasonable basis If SHC has a finite duration, must wait until that time expires to ask for a recertification. However, if the duration is longer than 6 months can ask every 6 months in conjunction with an absence. Otherwise, no more than every 30 days in conjunction with an absence, unless: Employee requests an extension Circumstances of leave have changed significantly, or Validity of certification is in doubt 48

  49. RECERTIFICATION Employer shall pay for any recertification that is not covered by the employee's health insurance An employer may not require a second or third opinion on recertification 49

  50. PATTERN OF ABSENCES If an employee has a pattern of FMLA absences (such as before or after every holiday or weekend), the employer may ask the employee about the pattern and require a recertification from the HCP (attaching the employee s attendance information) 50

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