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Summary of differences between federal and state regulations
In addition to the federal FMLA, Connecticut employers need to be aware of state provisions such as CT FMLA, paid family and medical leave, paid sick leave, and domestic violence leave.
Note: CT Family and Medical Leave and CT Paid Leave are two separate programs that are guided by two distinct laws; however, they could apply simultaneously to all or a part of an employee’s family or medical leave situation. An employee can be eligible for both programs and must apply for each program separately.
Paid family and medical leave
Connecticut’s paid family and medical leave (PFML) applies to all private employers that have at least one employee. The CT PFML generally excludes federal employees, CT state and municipal employees who are members of unions, employees of local and regional boards of education, and non-public elementary and secondary school employees.
Employee eligibility
To be eligible for Connecticut’s PFML benefits, employees must:
- Have earned at least $2,325 in the highest quarter of the first four of the five most recent quarters immediately before their application for leave, and
- Be currently employed by a Connecticut employer or were employed by a Connecticut employer during the 12 weeks immediately preceding the application are eligible to apply for paid leave.
Unlike the federal FMLA, employees have no minimum requirement for hours worked or number of hours working at a particular worksite.
Only employees who work in CT can participate in CT Paid Leave. Employees are considered to be working in CT, if CT is where the work is localized, where the employees have their base of operations, and/or whether the employees receive direction and control from there.
For employers that are required to pay unemployment insurance, the fact that the employer pays unemployment insurance for an employee is evidence that the employee works in CT.
Employees who live in CT but work in another state are not eligible to participate in the CT Paid Leave Program but may be eligible to participate in a paid leave program offered by the state where they work.
Leave entitlement
Employees apply for the paid leave benefits through the CT Paid Leave Authority.
Eligible employees are entitled to up to 12 weeks of paid leave in a 12-month period, with two additional weeks available to those who experience a pregnancy-related serious health condition that results in incapacitation.
CT Paid Leave uses a "rolling" or "look back" method for calculating the 12-month period.
With this method, the 12-month period begins on the first day the worker receives benefits from CT Paid Leave, and the time is earned back on a day-by-day basis. This means CT Paid Leave will "look back" at the prior twelve months from the worker's paid leave request and subtract any of the time the worker has used during that period from the twelve-week benefit entitlement.
Federal FMLA and Connecticut family and medical leave may run concurrently, as long as the employee is eligible for all and the reason for leave qualifies under all.
Reasons for leave
Eligible employees may take up to 12 weeks of the CT paid family and medical leave for the following reasons:
- For the birth, adoption, or foster care of a child.
- To serve as a bone marrow or organ donor.
- To care for their own medical or psychological health condition, including injuries.
- To care for a family member suffering from a medical or psychological health condition.
- Because of any qualifying exigency arising out of the fact that the spouse, child, 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.
- Military caregiver.
- For victims of sexual assault or abuse (effective October 1, 2024).
Family members include spouses, children, parents, siblings, grandparents, grandchildren, parents-in-law, and individuals related to the employee by blood or affinity whose close association the employee shows to be equivalent of those family relationships.
If, during pregnancy or after childbirth, a healthcare provider determines that an individual may need a bit more time for recovery, employees may apply for an extra two weeks of leave.
If employees are experiencing family violence, they may apply to take up to 12 days of leave.
In regard to leave for victims of sexual assault or abuse, employees can receive income concurrently from both the paid leave and from the victim compensation program administered by the Office of Victim Services, provided the total pay does not exceed such 100 percent of the employee’s pay.
Maintenance of health benefits
There is no state provision requiring employers to maintain coverage under any group health plan while the employee is on leave. The FMLA, however, requires that covered employers continue to provide group health insurance.
Job restoration
The CT Paid Leave offers only payment for people who take leave for qualifying events; it does not offer job protection to employees taking leave. Only employers can determine, in communication with the employee, whether the leave taken is subject to job protection under state or federal leave laws.
Notice
Employees must provide notice of the need for benefits to the CT Paid Family and Medical Leave Insurance Authority and, if required by the Authority. the employer must certify the employee’s current compensation level and confirm the need for leave.
Employees are to inform their employer/human resources department about the need for leave. They are to indicate that they will be applying for CT Paid Leave income replacement benefits.
Employees will receive an employment verification form from the CT Paid Leave Authority. They must give this document to their employer to complete and submit to Aflac to verify their eligibility for CT paid leave.
Pay
Employees fund the paid family leave program by contributing .5% of their income via a mandatory payroll tax. Employers need not contribute.
Employers may require their employees (or may allow their employees to choose) to use their accrued paid time off concurrently with CT paid leave, provided that employees do not receive more than their regular rate of compensation.
Employers may require an employee to use accrued vacation time while they are out of work on CT FMLA leave (whether or not the employee seeks benefits from the CT Paid Leave Authority, but employers must allow the employee to retain at least two weeks of vacation leave or equivalent paid time off.
CT Family and Medical leave (FMLA)
Connecticut’s family and medical leave applies to employers with one or more employees in the state, including the state. “Employer” does not include a municipality, a local or regional board of education, or a nonpublic elementary or secondary school.
Employee eligibility
Employees must have been employed at least three months immediately preceding their leave request.
Leave entitlement
An eligible employee may take 12 weeks of family and medical leave in a 12-month period or 26 weeks off for military caregiver.
Employees may take up to two additional weeks of leave during the 12-month period for a serious health condition resulting in incapacitation that occurs during a pregnancy.
Federal FMLA and Connecticut family and medical leave may run concurrently, as long as the employee is eligible for both and the reason for leave qualifies under both.
Reasons for leave
An eligible employee may take 12 weeks of family or medical leave for one or more of the following:
- The birth of a son or daughter of the employee;
- The placement of a son or daughter with the employee for adoption or foster care;
- To care for a family member of the employee, if such family member has a serious health condition;
- Because of a serious health condition of the employee;
- To serve as an organ or bone marrow donor; or
- Because of any qualifying exigency, as determined in regulations adopted by the United States Secretary of Labor, 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.
Employees may take up to 26 weeks of leave in a 12-month period to care for an immediate family member or next of kin who is a current member of the U.S. Armed Forces, National Guard, or the military reserves.
Family members include a 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.
Maintenance of health benefits
There is no state provision which requires an employer to maintain coverage under any group health plan while the employee is on leave. The federal FMLA requires that covered employers continue to provide group health insurance.
Job restoration
Unlike the FMLA, which does not require restoration if the employee is unable to perform an essential function of his/her job, Connecticut’s family and medical leave provisions provide that if an employee returns from leave and is medically unable to perform his or her original job, the employee must be transferred to work that is suitable to his or her physical condition, if such work is available.
Notice
Employees seeking to use family and medical leave must provide advance notice. Similar to FMLA, if leave is for a foreseeable birth or adoption, the employee must provide the employer with a minimum of 30 days’ notice before his or her leave is to begin. If this is not possible because the birth or adoption will begin in less than 30 days, the employee must provide notice as is practicable.
Employers must provide their employees with written notice describing leave entitlements, retaliation protections, compensation claim filing, and compliant filing.
Domestic violence leave
Employees may take leave for reasons related to family violence or (or sexual assault effective October 1, 2024). The Connecticut family violence leave provisions apply in addition to leave taken under the state or federal family and medical leave. “Family violence” means an incident resulting in physical harm, bodily injury, or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury, or assault between family or household members. Verbal abuse or argument shall not constitute family violence unless there is present danger and the likelihood that physical violence will occur.
Employer coverage
The state provisions apply to employers with three or more employees, including the state and any political subdivision.
Employee eligibility
All employees are eligible for leave under the law; there are no eligibility criteria that need to be met.
Leave entitlement
Employees who are victims may take up to 12 days of leave per any calendar year for specified reasons.
The CT Family Violence Leave Act provides up to 12 days of job protected leave and CT Paid Leave provides up to 12 days of income replacement benefits for the specific reasons in connection with family violence.
It is possible for a worker to qualify for additional job protected leave and CT Paid Leave benefits if they are experiencing a serious physical or psychological health condition or if they need to care for a family member experiencing a serious physical or psychological health condition.
If the worker has already used 12 days of benefits in connection with family violence and it is determined by their healthcare provider that they are experiencing a serious health condition, they may be eligible for additional benefits under CT Paid Leave for up to 12 weeks total (inclusive of the 12 days of family violence leave/benefits). The worker may also be able to access additional job protected leave under CT FMLA.
Employees may receive pay concurrently with pay received from the victim compensation program administered by the Office of Victim Services within the Judicial Department, provided they don’t get more than 100 percent of their usual pay.
Employees who are victims of family violence (or sexual assault effective October 1, 2024), may take up to 12 days of leave in a calendar year.
Employers may not discharge, penalize, or threaten employees or otherwise coerce employees to violate this law.
Reasons for leave
Leave may be taken for the following reasons:
- To seek medical care or psychological or other counseling for physical or psychological injury or disability for the victim,
- To obtain services from a victim services organization on behalf of the victim,
- To relocate due to such violence (or sexual assault effective October 1, 2024), or
- To participate in any civil or criminal proceeding related to or resulting from such family violence (or sexual assault effective October 1, 2024).
Notice
If leave is foreseeable, employers may require employees to provide up to seven days' advance notice. If leave is not foreseeable, employers may require employees to provide notice as soon as practicable.
Employers may request that employees who take leave provide the following:
- A signed written statement certifying that the leave is for a qualifying reason;
- A police or court record related to the family violence ((or sexual assault effective October 1, 2024); or
- A signed written statement that the employee is a victim of family violence (or sexual assault effective October 1, 2024), provided such statement is from a victim services organization, an attorney, an employee of the Office of Victim Services within the Judicial Department or Office of the Victim Advocate, a licensed medical professional, or other licensed professional from whom the employee sought assistance with respect to the family violence (or sexual assault effective October 1, 2024).
Written statements or police/court records are to be kept confidential.
Pregnancy accommodations
Employers with three or more employees must provide reasonable accommodations for pregnancy, childbirth, or a related condition, including lactation. Reasonable accommodations include, but are not limited to:
- Being allowed to sit while working,
- Taking more frequent or longer breaks,
- Periodic rest,
- Help with manual labor,
- Job restructuring,
- Light duty,
- Modified work schedules,
- Temporary transfers to less strenuous or hazardous work,
- Time off to recover from childbirth, or
- Break time and appropriate facilities for expressing breast milk.
If the employee takes time off, she is entitled to be reinstated to her original job or to an equivalent position, unless the company’s circumstances have changed so much as to make it impossible or unreasonable to reinstate the employee to her original or equivalent position.
The employee must give written notice of her pregnancy, and must be informed of this requirement.
Employers are not, however, required to provide an accommodation that would pose an undue hardship — an action requiring significant difficulty or expense when considered in light of factors such as:
- The nature and cost of the accommodation;
- The overall financial resources of the employer;
- The overall size of the business with respect to the number of employees;
- The number, type, and location of the facilities; and
- The effect on expenses and resources or the impact on the company’s operation.
Employees may not be required to take leave if a reasonable accommodation can be provided in lieu of leave. Employers must provide written notice of these rights to employees, and can meet this by posting such a notice in English and Spanish.
Paid sick leave (effective beginning January 1, 2025)
Beginning January 1, 2025, employers will incrementally be covered by the CT paid sick leave, based on how many employees they have.
- January 1, 2025 – Employers employing 25 or more individuals in the state
- January 1, 2026 – Employers employing 11 or more individuals in the state
- January 1, 2027 – Employers employing one or more individuals in the state
Eligible employees
All employees will be entitled to the leave, with limited exceptions for “seasonal employees,” those who work 120 days or less in any year.
Employees accrue one hour for every 30 hours worked. They begin accruing the leave on the first day of work.
Exempt employees are presumed to work 40 hours per week, for accrual purposes.
Leave entitlement
Employees may use paid sick leave after being employed for 120 calendar days. They may accrue up to 40 hours of paid sick leave per year, and carry over 40 hours of paid sick leave into the following year.
Instead of allowing employees to carry over unused paid sick leave, employers may choose to frontload the leave.
Reasons for leave
Employees may take the paid sick leave for:
- The employee’s or employee’s family member’s illness, injury, or health condition;
- The medical diagnosis, care, or treatment of the employee or employee’s family member;
- Preventive medical care for the employee’s or employee’s family member’s mental or physical health;
- The employee’s own mental health wellness day;
- Closure due to a public health emergency, of either an employer’s place of business or a family member’s school or place of care;
- Situations where an employee or employee’s family member poses a risk to others due to exposure to a communicable illness, and
- Situations where an employee or employee’s family member is a victim of family violence or sexual assault.
Family members include:
- Child (including adult children),
- Spouse (including registered domestic partners),
- Parents (including stepparents and parent-in-laws),
- Grandparents,
- Siblings, and
- Anyone related to the employee by blood or affinity whose close association to the employee is equivalent to those family relationships.
Reasons for victims of family violence or sexual assault include:
- Medical care or psychological or other counseling for physical or psychological injury or disability;
- Obtaining services from a victim services organization;
- Relocating due to the family violence or sexual assault; or
- Participating in any civil or criminal proceedings related to or resulting from the family violence or sexual assault.
Employers may not require employees to find someone to fill in to perform the job while employees are on leave.
Notices/documentation
Employers must, no later than January 1, 2025 or the time of hire, whichever is later, give each employee a notice of:
- The entitlement to paid sick leave,
- The amount of paid sick leave,
- The terms under which paid sick leave may be used,
- That the employer is prohibited from retaliating against the employee for requesting or using paid sick leave, and
- That the employee has a right to file a complaint for a violation.
Employers may not require advance notice of the leave, or any documentation that the employee took paid sick leave for a qualifying reason.
With each required pay statement, employers must include:
- The number of hours of paid sick leave the employee accrued or was given, and
- The number of hours of paid sick leave the employee used during the year.
Job restoration
The paid sick leave does not provide for job protection; it provides for income replacement.
Paid sick and safe leave (effective until January 1, 2025)
Businesses in the service industry with 50 or more employees must allow service workers to accrue one hour of paid sick time for every 40 hours worked.
The determination of whether an employer has 50 or more employees is based annually on the organization’s payroll for the week containing October 1.
For purposes of this law, “service worker” means “an employee primarily engaged in an occupation with one of the following broad or detailed occupation code numbers and titles, as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system.” The list includes bank tellers, bus drivers, cashiers, child care workers, computer operators, food service workers, home health aides, nurses, retail salespersons, administrative assistants, restaurant servers, and a host of other occupations.
Service workers who receive at least five paid days per year in another form (i.e., vacation, personal days, paid time off) are not covered by the law if they are allowed to use those days for sick leave.
Workers accrue paid time off in one-hour increments up to a maximum of 40 hours per the 365-day period used by the employer to calculate employee benefits.
To be eligible to take leave, employees must complete 680 hours of service after being hired.
Eligible employees may take such leave for the following reasons:
- For their own illness, injury, health condition, treatment, or preventive care;
- For the injury, illness, health condition, treatment, or preventive care of the employee’s child or spouse; or
- For care, counseling, relocation, or to participate in proceedings if an employee is a victim of family violence or sexual assault.
Effective 10/1/2023, employees may take the leave for the following additional reasons:
- To take a “mental health wellness day,” to attend to emotional and psychological well-being instead of working their regularly scheduled shift; or
- For care, counseling, relocation, or to participate in proceedings if the employee is a parent of a child who is a victim of family violence or sexual assault.
Employers may require employees to provide seven days’ prior notice of the need to take leave if the need is foreseeable. If the need is unforeseeable, employees are to provide notice as soon as practicable. If an employee is out for three or more consecutive days, the employer may require reasonable documentation supporting the need for leave.
Covered employers will need to give new hires a notice of the provisions or post a notice in both English and Spanish.
If employers already provide other forms of paid leave, they may already be in compliance with the new provisions, as long as the other forms of paid leave are at least as generous as those now required by law.
Leave for victims
Under Connecticut law, employers are prohibited from depriving employees of employment, penalizing, threatening, or otherwise coercing employees because of the following:
- Employees obey legal subpoenas to appear in court as witnesses,
- Employees attend a court proceeding or participate in an investigation,
- A restraining order has been issued on the employees’ behalf, or
- Employees are victims of family violence.
The law does not specify a limit on the quantity of time off to which employees may be entitled, nor does it provide for employer coverage or employee eligibility criteria.
State contacts
Connecticut Department of Labor
www.ctdol.state.ct.us
CT Paid Leave Authority
ctpaidleave.org
Division of Wage and Workplace Standards
www.ctdol.state.ct.us/HP/Wage-Safety.htm
Commission on Human Rights and Opportunities
http://www.ct.gov/chro/site/default.asp
State statutes/regulations
Family and medical leave: Connecticut General Statutes, Title 31 Labor, Chapter 557 Employment Regulation, Sections 31-51kk through 51qq.
https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-51kk
Regulations: §31-51qq-1 through 31-51qq-48
www.ctdol.state.ct.us/wgwkstnd/laws-regs/famedreg.pdf
Paid Family Leave: Connecticut General Statutes, Title 31 Labor, Chapter 557 Employment Regulation, Sections 31-49e through 31-50
https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-49e
SB1, Public act 19-25
https://www.cga.ct.gov/2019/ACT/pa/pdf/2019PA-00025-R00SB-00001-PA.pdf
Domestic violence: Connecticut General Statutes, Title 31 Labor, Chapter 557 Employment Regulation, Section 31-51ss Leave from employment for victims of family violence
https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-51ss
Pregnancy discrimination: (Fair Employment Practices Act) Connecticut General Statutes, Title 46a Human Rights, Chapter 814c Human Rights and Opportunities, Section 46a-60 Discriminatory Employment Practices Prohibited
www.cga.ct.gov/current/pub/chap_814c.htm#sec_46a-60.htm
Leave for victims: Connecticut General Statutes, Title 54 Criminal Procedure, Chapter 961 Trial and Proceedings after Conviction, Section 54-85b Employment protection for witnesses and victims of crime.
https://www.cga.ct.gov/current/pub/chap_961.htm#sec_54-85b
Paid sick leave: Connecticut General Statutes, Title 31 Labor, Chapter 557 Employment Reg, Sections 31-57r through 57w.
www.cga.ct.gov/current/pub/chap_557.htm#sec_31-57r
Federal
ContactsUS Dept. of Labor, Wage & Hour Division
Regulations 29 CFR Part 825, “The Family and Medical Leave Act of 1993”