Connecticut Pregnancy Disability

Pregnancy Disability – Conn. Gen. Stat. § 46a - 60

Covered Employers: Employers with 3 or more Employees

Employee Eligibility: All employees

Entitlement: Reasonable leave of absence for disability resulting from pregnancy. "Disability resulting from pregnancy" includes any pregnancy-related impairment or physical limitations imposed by any pregnancy or delivery. Such limitations typically give rise to a need for leave six (6) weeks following a vaginal delivery or eight (8) weeks following a caesarian section. Although these time-frames for leave are typical for pregnancies and deliveries with no complications, an employee has the right to take more or less of a reasonable leave of absence as needed."

Employer Notice: An employer must provide employees written notice of the right to be free from discrimination on the basis of pregnancy, childbirth, and related conditions, including reasonable accommodation and reasonable leave. This notice must be provided within 10 days of the employee's notification of her pregnancy.

Employee Notice: When an employee knows in advance that they will need to take a leave of absence, they should provide advance notice in accordance with their employer's policy. An employer may not require an employee exercising their right to leave to provide more advance notice than an employee requesting leave for reasons other than pregnancy, childbirth, or related conditions.

Certification Supporting Need for Leave: An employer may require an employee to provide medical certification for a reasonable leave of absence, but only if the employer requests documentation from other employees requesting leave for reasons other than pregnancy, childbirth, or related conditions, if an employer has a medical certification requirement, the employer must provide the employee advance notice of this requirement. Additionally, an employer should allow an employee at least 15 days, or as long is reasonably needed, to comply with a medical certification requirement. In many instances a medical certification should not be needed before granting the request.

Reinstatement: Yes. To the employee’s original position or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits and other service credits upon her signifying her intent to return unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.

Other Important Definitions/Requirements: Employer must make reasonable effort to transfer a pregnant employee to any suitable temporary position which may be available in any case in which the employer or pregnant employee reasonably believes that continued employment in the position held by the pregnant employee may cause birth defects due to a workplace exposure to substances or constitute a hazard to the employee's reproductive system or fetus.

Relationship with Other Leaves: Incapacity due to pregnancy and for prenatal care is considered a serious health condition under Connecticut's Family and Medical Leave Act.

Absence Specification

Concurrency

Runs concurrently with FMLA and CT FMLA if eligible for both. May run independently.

Amount of leave provided

Not specified. Determined to be the length of disability only

Intake trigger

Pregnancy/Childbirth

Employer Eligibility Rules

3 + employees

Employee Eligibility Rules

0 hours worked
0 months of service

Calendar Type

Not specified - Same as FMLA

Notes

For a pregnancy without complications, 6 weeks of disability for vaginal birth and 8 weeks of disability for a c-section are generally acceptable. More time is available, if reasonable, for a longer period of disability resulting from the pregnancy/childbirth.