Proposed amendments to the Connecticut FMLA (CT FMLA) are expected to be reviewed and approved soon by the state’s Legislative Regulation Review Committee. Additionally, new notice requirements become effective July 1, 2022.
In 2019, the state passed two laws that resulted in the Connecticut Paid Family and Medical Leave (CT PFML) program. The first law expanded employee eligibility and other provisions of the existing FMLA program. The second law provided eligible employees with income replacement for up to 12 weeks of leave, funded through employee payroll deductions that commenced in 2021. The paid leave program is overseen by the state’s Paid Leave Authority.
Accordingly, the proposed regulations amend provisions of the prior CT FMLA regulations to incorporate the changes enacted in 2019 that took effect on January 1, 2022. The regulations also address several other outstanding issues. Among other items, the changes affect the definition of a covered employer, when an employee becomes eligible for leave, individuals for whom an employee can take leave to care for and the related documentation requirements, the amount of leave employees are entitled to, and the process for alleging a violation.
Additionally, each employer is required to provide written notice to each employee at the time of hire and annually thereafter: 1) of the entitlement to CT FMLA and the terms under which such leave may be used, 2) of the opportunity to file a claim for compensation under the program, 3) that retaliation by the employer against the employee for requesting or using such leave is prohibited, and 4) that the employee has a right to file a complaint with the Labor Commissioner for any violation. Fortunately, a model notice is available to satisfy the requirement, which takes effect July 1, 2022. Under the proposed regulations, an employer must also notify an employee of their eligibility to take CT FMLA leave no later than five business days after receiving a request to take such leave or learning that the employee is taking leave for a qualifying reason.
Employers should comply with the notice requirements and be aware of the proposed regulations, which are expected to be approved soon without major changes. Employers should consult with employment law counsel for further information and to ensure their leave policies reflect the regulatory updates.
Proposed Regulations » Notice Requirements »
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