The Connecticut Department of Labor has published a model notice of employee rights under the Connecticut Family and Medical Leave Act and the Connecticut Paid Leave Act. Employers may use the model notice to satisfy the notice requirement taking effect on July 1, 2022.
Family Leave (FMLA) in Connecticut (CT)
The Connecticut Family & Medical Leave Act
The Connecticut Family & Medical Leave Act was significantly expanded by amendments to the law that took effect Jan. 1, 2022. The discussion below includes those changes. For information about Connecticut’s paid family and medical leave law, for which benefits became available Jan. 1, 2022, please see the page on Connecticut Family and Medical Leave (Paid).
Employers with one or more employees are required to grant eligible employees a total of 12 workweeks of unpaid, job-protected leave (plus an additional two weeks for incapacity during pregnancy) during any 12-month period for one or more of the following reasons::
- Birth of a son or daughter of the employee;
- Placement of a son or daughter with the employee for adoption or foster care;
- To care for a family member with a serious health condition;
- A serious health condition of the employee;
- To serve as an organ or bone marrow donor; or
- Any qualifying exigency (as determined in federal regulations) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty—or has been notified of an impending call or order to active duty—in the armed forces.
“Family member” means an employee’s 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.
An eligible employee is an employee who has been employed for at least three months immediately preceding the leave request by the employer with respect to whom leave is requested.
The 12-month period is to be determined by any one of the following methods:
- 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 under the law; or
- A rolling 12-month period measured backward from an employee’s first day of leave taken under the law.
Intermittent Leave
Leave for a serious health condition may be taken intermittently or on a reduced leave schedule when medically necessary. Leave for the birth or placement of a son or daughter may be taken intermittently or on a reduced leave schedule only with the employee and employer’s agreement.Employers may require employees to transfer temporarily to an available alternative position for which the employee is qualified if the employee requests foreseeable intermittent or reduced-schedule leave based on planned medical treatment for a serious health condition or serving as an organ or bone marrow donor. However, the alternative position must have equivalent pay and benefits and better accommodate recurring periods of leave than the regular employment position of the employee.
Employers’ Notice Obligaton
Beginning July 1, 2022, employers must provide written notice to employees of their right to benefits under the Connecticut Family and Medical Leave Act and the Connecticut Paid Family and Medical Leave Act, both at the time of hiring and annually thereafter. The Connecticut Department of Labor has issued a model notice for this purpose.
Mandatory Paid Sick Leave
Employers of 50 or more employees are required to provide annual paid sick leave to each of the employer’s service workers in Connecticut. Click here for more information.
Pregnancy Disability Leave
Employers (or their agents) with 3 or more employees are generally prohibited from terminating a woman’s employment because of her pregnancy. In addition, the following rules apply:
- Employers must grant to employees a reasonable leave of absence for disability resulting from pregnancy;
- Employers must not deny any compensation to an employee disabled due to pregnancy to which she is entitled as a result of the accumulation of disability or leave benefits accrued under plans maintained by the employer;
- Employers must reinstate the employee to her original job 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;
- Employers must make a reasonable effort to transfer a pregnant employee to any suitable temporary position which may be available in any case in which she gives written notice of her pregnancy to her employer, and the employer or pregnant employee reasonably believes that continued employment in her position may cause injury to the employee or her fetus;
- Employers must inform the pregnant employee that a transfer (as described above) may be appealed under the law; and
- Employers must inform their employees (by any reasonable means) that they must give written notice of their pregnancy in order to be eligible for transfer to a temporary position.
Military Caregiver Leave
Employers with 75 or more employees are covered by the state military caregiver leave provisions.
Subject to certain provisions, an eligible employee—who is the spouse, son or daughter, parent or next of kin of a current member of the armed forces, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is on the temporary disability retired list for a serious injury or illness incurred in the line of duty—is entitled to a one-time benefit of 26 workweeks of leave during any 12-month period for each armed forces member per serious injury or illness incurred in the line of duty. Such 12-month period begins on an employee’s first day of leave taken to care for a covered armed forces member, and ends on the date 12 months after the first day of leave.
In any case in which a husband and wife entitled to leave under the military caregiver provisions are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to 26 workweeks during any 12-month period.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Connecticut Paid Family and Medical Leave
All Connecticut private employers (and some governmental employers) must comply with the state’s paid family and medical leave (PFML) law. The following chart explains the law and its requirements.
Who Pays for PFML, and When Do Employers Start Collecting Premiums? | Payments for leave under the PFML program are funded through a mandatory payroll tax on employees of 0.5% of income that took effect Jan. 1, 2021. The program is administered by the Connecticut Paid Leave Authority. Employers can enter into private plans that meet or exceed the requirements of the state’s PFML program. Employers running private plans are responsible for paying this benefit to their employees.Employers were required to begin collecting their employee’s contributions between Jan. 1 and Feb. 1, 2021. Premiums collected must be remitted to the state’s PFML Insurance Trust Fund (unless the contributions are for employees participating in a private plan). |
Which Employees Are Eligible for PFML? | An employee becomes eligible for PFML if he or she: Has earned at least $2,325 during their highest earning quarter within their base period (the first four of the five most recently completed quarters); and Is currently employed, or Was employed in the previous 12 weeks; orIs a self-employed individual or sole proprietor and Connecticut resident who has enrolled in the program Note: Different requirements apply to public employees and collective bargaining agreements. |
Which Life Events Qualify for PFML? | Qualifying events include: The birth of son or daughter (or placement of a son or daughter with the employee for adoption or foster care)Caring for a family member who has a serious health conditionSerious health condition of the employeeServing as an organ or bone marrow donorAny qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty or has been notified of an impending call or order to active duty in the Armed Forces In addition, victims of family violence may use 12 days per year of their PFML to: Seek medical care or psychological or other counseling for physical or psychological injury or disabilityObtain services from a victim services organization RelocateParticipate in any civil or criminal proceeding related to or resulting from the family violence |
When Does PFML Begin, and How Long Can an Employee Be Out on PFML? | PFML began on Jan. 1, 2022Eligible employees can take up to 12 weeks of PFML during any 12-month periodAn additional two weeks are possible for a serious health condition resulting in incapacitation that occurs during pregnancy |
What Are the Benefit Amounts? | 95% of the employee’s base weekly earnings, up to 40 times the state’s minimum wage, and 60% of earnings beyond that. Total weekly compensation is not to exceed 60 times the minimum wage. Compensation may be prorated. |
Must Employees Provide Notice When Using PFML? | Yes, employees must provide notice to the Authority and their employers. The Authority will set the form and procedure employees will need to use. Upon the Authority’s request, employees will need to provide certification of their need for PFML. Certification procedures will follow the requirements set by Sec. 31-51mm of the Connecticut General Statutes. |
Are Employees Entitled to Health Benefits While on PFML? | PFML is solely a wage-replacement program. Employee entitlement to health benefits while on leave will depend on the requirements of the underlying leave law (e.g., state or federal FMLA) or employer policy that applies. |
Are Employers Required to Post or Provide Employees with Notices Regarding PFML? | Yes. Starting July 1, 2022, employers must provide notice to each employee at the time of hiring, and annually thereafter. The notice must address: Employee entitlement to family and medical leave;Employees’ opportunity to file a claim for compensation under the PFML law;That employer retaliation against the employee for using or requesting family and medical leave is prohibited; andThe right of employees to file a complaint with the Connecticut Labor Commissioner for any violation of the family and medical leave laws. The Connecticut Department of Labor has published a model notice for this purpose. |
Additional requirements and exceptions to the information above may apply. For more information, please contact the Connecticut Department of Labor.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.