Connecticut Leave Laws

Who Is Eligible?

You are eligible for leave if you have worked for your employer for at least 12 months AND for at least 1000 hours during the twelve-month period prior to your first day of leave.

What Leave Am I Entitled To?

You are entitled to 16 work weeks of leave during any 24-month period for any of the follow reasons:

1. The birth or your son or daughter;
2. Adoption or foster care placement of your son or daughter;
3. To care for a spouse, son, daughter, or parent who has a serious health condition;
4. Because of your own serious health condition;
5. In order to serve as an organ or bone marrow donor.

Will My Job Be Protected?

You are entitled to return to the same position you held before you took leave, or, if your original position is unavailable, you must be returned to an "equivalent" position, with equivalent benefits, pay and other terms and conditions of employment.

If you are medically unable to perform your original job after returning from leave, then you are entitled to be transferred to a position that accommodates your physical condition IF such a position is available.

Can I Take Leave Intermittently (from time to time)?

You cannot take leave intermittently if your leave is in connection with the birth, adoption or foster care placement of your son or daughter unless your employer agrees to that arrangement.

You can take leave intermittently if such an arrangement is medically necessary, AND you are taking leave in connection with a serious health condition or service as an organ or bone marrow donor.

Note: If you are taking leave intermittently due to numbers 3 through 5, above, your employer may require that you temporarily transfer to an alternative position that has equivalent pay and benefits, but better accommodates intermittent leave.

What Notice Am I Required To Give?

1. If you are taking leave for the birth, adoption or foster care placement of your son or daughter, then you are expected to give at least 30 days notice of your need for leave.

2. If you are taking leave for any of the other permitted reasons and the leave is foreseeable (e.g. a planned operation or treatment), then you must make a reasonable effort to schedule the treatment so that leave will not unduly disrupt your employer's business (subject to the approval of your or your family member's health care provider). In addition you must give 30 days notice. However, if your need for leave is unforeseeable, then you must give notice as soon as practicable.

Do I Need A Note From My Doctor?

If you are taking leave in connection with your own serious illness or to care for a spouse, son, daughter, or parent who has a serious health condition, then your employer may require you to provide a medical certification in a timely manner. The certification should state:

1. The date the serious health condition began;
2. An estimate of how long the serious health condition will last;
3. A statement either that the employee is needed to care for his/her family member OR that the employee is unable to perform the requirements of his/her job because of his/her own serious health condition; and
4. If leave is to be taken intermittently, the dates on which medical treatment is going to occur and a statement that intermittent leave is necessary.

In addition, if your employer doubts your need for leave based on the certification, he or she may require a second opinion. If the second opinion conflicts with the original medical opinion, your employer may also require a third opinion. However, the second and third medical opinions will be at your employer's expense.

Will I Be Paid During Leave?

The general answer is "no." However, in certain circumstances you may choose, or your employer may require you, to use up any accrued paid leave during your Family & Medical Leave period.

1. If you are taking leave in connection with the birth, adoption or foster care placement of your son or daughter OR in connection with caring for a spouse, son, daughter, or parent who has a serious health condition, then you may choose, or your employer may require you, to use any accrued paid vacation, personal or family leave that your employer normally provides.

2. And, if you are taking leave in connection with caring for a spouse, son, daughter, or parent who has a serious health condition, in connection with your own serious health condition, or to serve as an organ or bone marrow donor, then you may chose, or your employer may require you, to use any accrued paid vacation, personal, or medical or sick leave that your employer normally provides.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY

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