State FMLA – Conn. Gen. Stat. § § 31-51kk – 31-51qq

Covered Employers: Employers with 75 or more employees within the state of Connecticut as of October 1 each year. Any full or part time employee that appears on the employer’s payroll for the week including October 1 is considered employed for that week.

Employee Eligibility: Employees who have been employed for at least 12 months and have worked at least 1,000 hours in the 12 months preceding the leave.

Entitlement: Employees are entitled to 16 weeks of leave within any 24 month period. Leave may be taken for the following reasons:

• Because of the employee’s own serious health condition;

• For the birth of a child;

• Upon the placement of a child for adoption or foster care;

• To care for the spouse, child, parent, or parent-in-law of the employee, if the spouse, child, parent, or parent-in-law has a serious health condition or

• To serve as an organ or bone marrow donor

• A qualifying exigency arising out of a family member's active duty military service

Spouses employed by the same employer may be limited to an aggregate of up to 16 weeks of leave in a 24-month period if leave is taken for the birth or placement of a child, or to care for a sick parent.

Employer Notice: Employers must provide employees with written notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations no less often than the first time in each six-month period that an employee gives notice of the need for FMLA leave (if FMLA leave is taken during the six-month period). It is the employer's responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. Once the employer has acquired knowledge that the leave is being taken for an FMLA required reason, the employer shall promptly (within two business days, absent extenuating circumstances) notify the employee that the leave is designated and shall be counted as FMLA leave.

Employee Notice: Employee must give 30 days’ advance notice, if possible. Otherwise, the employee must give as much notice as practicable. (Note: t he Absence product does not have an automated way of identifying whether enough notice was given, because it is impossible to identify in the system whether the employee could foresee their need for leave, and if so, when they knew they would need leave.)

Certification Supporting Need for Leave: Certification of health care provider may be required if leave is due to an employee’s or family member's illness

Paid: No. An employee may elect or an employer may require an employee to substitute accrued paid vacation, personal or sick leave for unpaid family leave

Other Important Definitions/Requirements: Leave for the serious health condition of the employee or family member may be taken on an intermittent or reduced-schedule basis when medically necessary. Intermittent or reduced-schedule leave is available to care for a newborn or newly placed child only with the agreement of the employer. Agreement is not required where the mother has a serious health condition in connection with the birth, or the child has a serious health condition. when the request is based on foreseeable, planned medical treatment, the employer may require the employee to temporarily transfer to an available alternative position with equivalent pay and benefits that better accommodates recurring periods of leave. Intermittent or reduced-schedule leave may be used to care for a family member not only when the family member's condition is intermittent, but also where the need for care is intermittent. An employer may limit leave increments to the shortest period of time that the employer's payroll system uses to account for absences or use of leave, provided it is one hour or less.

ClaimVantage Absence Specifications