CTFMLA: A Guide to Employee Leave in Connecticut

On June 25, 2019, the State of Connecticut (CT) passed legislation to create the Connecticut Paid Family and Medical Leave insurance program with the signing of Connecticut Public Act 19-25 and the Connecticut Family and Medical Leave Act (CTFMLA), as amended sections 232 through 235 of Public Act 19-117.

The Connecticut Family & Medical Leave Act is overseen by the Connecticut Department of Labor (CTDOL), which both enforces compliance as well as addresses complaints.

Here is everything you need to know about how Connecticut Family and Medical Leave works, and how CT Paid Leave is related. You can also check out our Connecticut Family Medical Leave Act (CTFMLA) webinar series to learn more.

Connecticut Family and Medical Leave Act (CTFMLA) Overview

Connecticut's Family and Medical Leave law gives employees access to unpaid, job-protected leave for various qualifying life events. Leave may be taken intermittently, or all at once.

CTFMLA vs. FMLA

CTFMLA is different from the Federal Family and Medical Leave Act (FMLA). FMLA only applies to private employers with 50 or more employees. FMLA also applies to organizations that are exempt from CTFMLA.

For any businesses covered by both laws, leaves MAY run at the same time.

Example Scenario: Nick uses 12 weeks of CTFMLA leave to care for a grandparent with a serious health condition. Since the federal FMLA does not cover leave for grandparents, Nick would still be entitled to his full federal FMLA leave entitlement during the leave year. However, if Nick is taking a leave for his own serious health condition, the leaves would run at the same time.

Is CTFMLA Leave Paid?

CTFMLA does not provide paid leave, however, employees may still apply for CT Paid Leave through the CT Paid Leave Program. CT Paid Leave is a state program that provides wage replacement benefits in certain instances. CT Paid Leave DOES NOT provide actual time off from work.

Each law (CTFMLA and CT Paid Leave) has its own application process and requirements as well.

An employee may also use accrued, paid leave time such as vacation, CT paid sick leave, personal leave, or paid time off, if required by the employer or requested by the employee. The employee has the right to reserve up to two weeks of their accrued, paid leave time if an employer makes such a request.

CT Paid Sick Leave

Employers should also be aware of Connecticut's actual Paid Sick Leave Act, which currently mandates that employers with 50 or more service workers offer paid sick leave at an accrual rate of one hour for every 40 hours worked, up to 40 in a year.

Employers must provide the paid sick leave at a pay rate that equals either the service
worker’s normal hourly wage or Connecticut Minimum Wage, whichever is greater.

Beginning January 1st, 2025, certain updates to CT Paid Sick Leave will take place. Most notable is an expansion of coverage to more employers, phased in over the next three years. 

While the qualified reasons for taking paid sick leave are similar to those of CTFMLA, it is important to note that the laws are separate. It is also crucial that employers do not confuse CT Paid Sick Leave (Connecticut General Statutes §§ 31‐57r ‐ 31‐57w – Paid Sick Leave) with CT's Paid Leave Program.

Employee Protections under CTFMLA

While CTFMLA does offer job protection, it DOES NOT mandate that employers maintain group health benefits.

Job Protection under CTFMLA

Upon returning from leave, employees must be reinstated to their same job or an equivalent position. An employee is not entitled to reinstatement if the employee has exhausted his or her CTFMLA leave entitlement, the employment relationship would have ended regardless, or the employee commits fraud to obtain CTFMLA.

Employees must also be restored to all benefits they were enrolled in at the time their leave began. Employees also do not stop accruing any benefits that they would otherwise accrue if they were working.

An employer can deny job protection rights if there is a legitimate business reason to do so that is not related to the CTFMLA, such as layoffs.

Health Benefits under CTFMLA

Additionally, employers are not required to maintain an employee’s group health benefits while the employee is on CTFMLA leave. However, FMLA DOES require employers to maintain these benefits. In the instance in which an employer is covered by both CTFMLA and FMLA, the federal law applies in this situation.

Who Is Covered by CTFMLA?

CTFMLA applies to all employers in Connecticut with at least one employee.

However, an employee must be employed by the employer for at least 3 months (13 weeks). If an employee is on payroll for any part of a week (including any paid or unpaid leave), the week counts as a week of employment.

Exemptions

CTFMLA does not apply to:

• Municipalities
• Local or regional boards of education
• Nonpublic elementary or secondary schools

CTFMLA Leave Length

The CTFMLA provides eligible employees with up to 12 weeks of unpaid leave within a 12-month period for certain qualifying events.

If an employee has suffered a serious health condition resulting in incapacitation which occurred during pregnancy, the employee may take 2 additional weeks of leave during any the 12-month period.

If there is an instance of two spouses who work for the same employer, they may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is for birth and bonding, adoption or placement of a foster child, or care for a family member.

Eligible employees may also take up to 26 weeks of leave within a 12-month period to provide care for a covered servicemember who has suffered a serious injury or illness.

CTFMLA Qualifying Events

An eligible employee may take CTFMLA leave for any of the following reasons:

• Birth of a child and care for the child within the first year after birth
• The placement of a child for adoption or foster care and care for the child
• Care for a family member with a serious health condition
• Because of an employee’s own serious health condition
• To serve as an organ or bone marrow donor
• To address qualifying exigencies arising from a spouse, son, daughter or parent’s active-duty service in the armed forces
• To care for a spouse, son, daughter, parent or next of kin with a serious injury or illness incurred on active duty in the armed forces

Who is considered a “family member” under the CTFMLA?

CTFMLA has a broader definition of “family member” than FMLA. It includes:

• Spouse
• Sibling
• Child
• Grandparent
• Grandchild
• Any other individual related to the employee by blood or affinity whose close association the employee shows to be the equivalent of those family relationships

CTFMLA Application Process

If an employee intends to take leave for CTFMLA purposes, they must notify their employer. If leave is foreseeable, they must give 30 days' notice. Otherwise, notice must be given as soon as practical.

The employer must then timely notify the employee of his or her eligibility for CTFMLA leave, and provide them with a notice of rights and responsibilities.

Then the approval process can begin, which may include asking the employee to complete a medical certification form.

The employer may also require a simple written statement, signed by the employee, verifying that the individual is the employee’s spouse, sibling, son, daughter, grandparent, grandchild or parent. A marriage certificate, birth certificate or other official document cannot be required.

Once an employer is able to make a determination of whether or not CTFMLA leave has been approved or unapproved, they must notify the employee within five business days. The CTDOL’s sample “Designation Notice” can be used to satisfy this requirement.

CTFMLA Forms

While the CTDOL provides the following forms, employers may create their own so long as they contain the same required information:

• NEW (5/31/22) Prototype of Employer’s Written Notice to Employees of Rights under CTFMLA and CTPL
• Notice of Eligibility and Rights and Responsibilities
• Designation Notice
• Medical Certification for Employee’s Serious Health Condition
• Medical Certification for Care of a Family Member’s Serious Health Condition
• Family Member Verification Form
• Medical Certification for Serious Injury or Illness of a Servicemember for Military Caregiver Leave
• Certification for Military Family Leave for Qualifying Exigency

How to File a CTFMLA Complaint

Employees who feel as though their rights under CTFMLA have been violated can contact the Legal Division of the Connecticut Department of Labor at (860) 263-6400 or DOL.CTFMLA@ct.gov. Employees have 180 days to file a complaint with the Department of Labor from the date of the alleged violation unless they can demonstrate good cause for the delay.

Other Employer Requirements

Upon hire, employees must be given a general notice explaining CTFMLA entitlements, employee obligations, and the procedures for filing complaints.

Employers must also notify an employee when they are eligible to take CTFMLA leave within five business days of an employee’s leave request, or after learning that an employee is eligible for such benefits.

The CTDOL’s sample “Notice of Eligibility and Rights and Responsibilities” can be used to satisfy this requirement.

CTFMLA also prohibits employers from:

• Interfering with, restraining, or denying the exercise of any rights provided by CTFMLA
• Denying an employee’s right to use up to 2 weeks of accumulated sick leave to care for a family member or for the birth or adoption of the employee’s son or daughter
• Disciplining, discharging, discriminating, retaliating, or otherwise taking any adverse action against any individual for opposing or complaining about any unlawful practice, or because of involvement in any proceeding related to the CTFMLA

CT Paid Leave Program

As mentioned earlier, CT Paid Leave is a state program that provides wage replacement benefits in certain instances. CT Paid Leave DOES NOT provide actual time off from work.

What Is the CT Paid Leave Program?

Because CTFMLA does not offer paid leave, employees may apply for the public CT Paid Leave Program to receive wage replacement benefits while on leave for specific, qualifying reasons outlined by CT Paid Leave (not CTFMLA).

CT Paid Leave can also be used for wage replacement as a result of FMLA, and the Connecticut Family Violence Leave Act (CTFVLA).

Who Is Eligible for CT Paid Leave Program Benefits

In order to be able to apply, an employee must have worked or did work for a covered Connecticut employer within the 12 weeks immediately before your leave began.

Covered employers include most businesses with at least one employee, with the exception of:

• Federal government
• Municipalities, unless their unionized employees collectively bargain to participate
• Local or regional boards of education, unless their unionized employees collectively bargain to participate
• Non-public elementary or secondary schools
• Railroads
• Governments of other states
• Sovereign nations (including tribes)
• Interstate truck drivers who work in Connecticut but live in another state and thus do not pay income tax in Connecticut
• Spouses of active-duty military members who have opted to continue to pay taxes in their home state instead of Connecticut
• Individual workers who work for subminimum wage pursuant to a 14C certificate

An employee must also have earned at least $2,325 from a covered employer in the highest-earning quarter of the first four of the five most recently completed quarters.

Lastly, an employee must have experienced a qualifying reason specific to CT Paid Leave.

CT Paid Leave Program Qualified Reasons

There are six reasons or events that qualify an employee for wage replacement under CT Paid Leave:

1. Caring for your own serious health condition
2. Starting or expanding my family
3. Caring for the serious health condition of a family member
4. Military caregiver leave
5. Qualifying exigency leave
6. Family violence leave

Applying for CT Paid Leave Wage Replacement

Employees can apply for benefits with the CT Paid Leave Authority. To do so, the employee must first create (if they haven’t already) a CT.gov account. Once signed in, select the Aflac Portal from the drop-down menu in your account settings. You will be redirected to the CT Paid Leave Aflac online claims portal. You will then be able to start your claim.

The CT Paid Leave Authority has detailed instructions on applying to the program.

Appeals for Denied Claims

If an application is denied, an employee can file an appeal with the CTDOL. The fastest way to file an appeal is with the Leave Complaint and Appeals portal. However, appeals can also be filed by contacting the CTDOL Appeals Division (38 Wolcott Hill Road, Wethersfield, CT 06109.  Telephone: (860) 263-6970   Fax: (860) 706-5767).

Managing CTFMLA Compliance

Unfortunately, our Connecticut Family Medical Leave Act (CTFMLA)  webinar series has concluded, but we made sure to record the entire thing for any Connecticut employers who are still struggling with compliance. You can view our webinar recording on the Connecticut Family Medical Leave Act (CTFMLA) any time you want by clicking here.

Click here to learn more about other Connecticut Labor Laws. If you are struggling with ensuring compliance on your own, you can always seek help from a Connecticut HR Service Provider.