Connecticut Administrative Code

Regulations of Connecticut State AgenciesSec. 31-51qq-36. What happens if an employee fails to satisfy the medical certification or recertification requirements?(a) Foreseeable leave. In the case of foreseeable leave, an employer may deny FMLA protection to an employee who fails …

Regulations of Connecticut State AgenciesSec. 31-51qq-37. Under what circumstances may a covered employer refuse to provide FMLA leave or reinstatement to eligible employees?(a) If an employee fails to give timely advance notice when the need for FMLA leave is foreseeable with no…

Regulations of Connecticut State AgenciesSec. 31-51qq-38. How should records and documents relating to medical certifications, recertifications or medical histories be maintained?(a) Employers shall maintain records and documents relating to medical certifications, recertificatio…

Regulations of Connecticut State AgenciesSec. 31-51qq-39. What if an employer provides more generous benefits than required by FMLA?(a) An employer shall observe any employment benefit program or plan that provides greater family or medical leave rights to employees than the righ…

Regulations of Connecticut State AgenciesSec. 31-51qq-4. How is “joint employment” treated under FMLA?(a) Where two (2) or more businesses exercise some control over the work or working conditions of the employee, the businesses may be joint employers under the FMLA. Joint employ…

Regulations of Connecticut State AgenciesSec. 31-51qq-40. Do federal laws providing family and medical leave still apply?(a) Nothing in FMLA supersedes any provision of federal or local law that provides greater family or medical leave rights than those provided by FMLA. Employee…

Regulations of Connecticut State AgenciesSec. 31-51qq-41. How does FMLA affect federal and State anti-discrimination laws?(a) Nothing in FMLA modifies or affects any federal or State law prohibiting discrimination on the basis of a protected class as enumerated in Title VII of th…

Regulations of Connecticut State AgenciesSec. 31-51qq-42. What employers are covered by the FMLA? (Repealed) Repealed August 3, 2022.(Transferred and Amended March 9, 1999; Repealed August 3, 2022)

Regulations of Connecticut State AgenciesSec. 31-51qq-43. What can employees do who believe that their rights under FMLA have been violated?(a) Any employee aggrieved by a violation of the provisions of the Act and sections 31-51qq-1 to 31-51qq-52, inclusive, of the Regulations o…

Regulations of Connecticut State AgenciesSec. 31-51qq-44. What is the complaint process?(a) The Labor Department shall make a finding regarding jurisdiction and, if it has jurisdiction, investigate complaints filed in accordance with section 31-51qq-43 of the Regulations of Conne…

Regulations of Connecticut State AgenciesSec. 31-51qq-45. What are the provisions for resolution and reconsideration prior to a contested case hearing? (Repealed) Repealed August 3, 2022.(Transferred and Amended March 9, 1999; Repealed August 3, 2022)

Regulations of Connecticut State AgenciesSec. 31-51qq-46. What procedures govern the contested case hearings?The Rules of Procedure for Hearings in Contested Cases to be Conducted by the Labor Commissioner, sections 31-1-1 to 31-1-9, inclusive, of the Regulations of Connecticut S…

Regulations of Connecticut State AgenciesSec. 31-51qq-47. What types of redress may the Commissioner order?(a) If the Commissioner concludes in the final decision that a respondent has: (1) Interfered with, restrained or denied the exercise of, or the attempt to exercise, any rig…

Regulations of Connecticut State AgenciesSec. 31-51qq-48. What are employers required to report to the labor department concerning their experience with the FMLA? (Repealed) Subtitle 31-51qq Appendix A and Appendix B (Repealed) Repealed August 3, 2022.(Transferred and Amended Mar…

Regulations of Connecticut State AgenciesSec. 31-51qq-49. What is qualifying exigency leave?(a) Eligible employees may take FMLA leave for a qualifying exigency while the employee's spouse, son, daughter, or parent (the “military member” or “member”) is on active duty, or has bee…

Regulations of Connecticut State AgenciesSec. 31-51qq-5. What is meant by “successor in interest”?(a) For purposes of FMLA, in determining whether an employer is covered because it is a “successor in interest” to a covered employer, the following factors shall be considered: (1) …

Regulations of Connecticut State AgenciesSec. 31-51qq-50. What is leave to care for a covered servicemember with a serious injury or illness (military caregiver leave)?(a) Definitions.The following definitions shall apply to sections 31-51qq-1 to 31-51qq-52, inclusive, of the Reg…

Regulations of Connecticut State AgenciesSec. 31-51qq-51. What certification is required for leave taken because of a qualifying exigency?(a) Active Duty Orders. The first time an employee requests leave because of a qualifying exigency, as described in section 31-51qq-49 of the …

Regulations of Connecticut State AgenciesSec. 31-51qq-52. What certification is required for leave taken to care for a covered servicemember (military caregiver leave)?(a) Required information from health care provider. For purposes of subsections (a) and (b) of this section, “TR…

Regulations of Connecticut State AgenciesSec. 31-51qq-6. Which employees are “eligible” to take a leave under FMLA?(a) An “eligible employee” is defined in section 31-51qq-1(e) of the Regulations of Connecticut State Agencies. (b) The employee shall have been employed by the empl…

Regulations of Connecticut State AgenciesSec. 31-51qq-7. Under what kinds of circumstances are employers required to grant family or medical leave?(a) Employers covered by the FMLA are required to grant leave to eligible employees for one (1) or more of the following reasons: (1)…

Regulations of Connecticut State AgenciesSec. 31-51qq-8. For purposes of an employee qualifying to take FMLA leave for a family member, what may an employer require to confirm a family relationship?(a) For purposes of confirming that an individual is a spouse, sibling, son, daugh…

Regulations of Connecticut State AgenciesSec. 31-51qq-9. What does it mean that an employee is “needed to care for” a family member?(a) The medical certification provision that an employee is “needed to care for” a family member or a covered servicemember, as defined by section 3…

Regulations of Connecticut State AgenciesSec. 31-51rr-1. Definitions (29 CFR § 825.800)As used in sections 31-51rr-1 to 31-51rr-47, inclusive, of the Regulations of Connecticut State Agencies: (1) “FMLA” means section 31-51rr of the Connecticut General Statutes.(2) “Act” means th…

Regulations of Connecticut State AgenciesSec. 31-51rr-10. Definitions of adoption and foster care (29 CFR § 825.122)(a) Adoption. “Adoption” means legally and permanently assuming the responsibility of raising a child as one's own. The source of an adopted child, whether from a l…

Regulations of Connecticut State AgenciesSec. 31-51rr-11. Unable to perform the functions of the position (29 CFR § 825.123)(a) Definition. An employee is “unable to perform the functions of the position” where the health care provider finds that the employee is unable to work at…

Regulations of Connecticut State AgenciesSec. 31-51rr-12. Needed to care for a family member or covered servicemember (29 CFR § 825.124)(a) The medical certification provision that an employee is “needed to care for” a family member or covered servicemember encompasses both physi…

Regulations of Connecticut State AgenciesSec. 31-51rr-13. Leave because of a qualifying exigency (29 CFR § 825.126)(a) Eligible employees may take FMLA leave for a qualifying exigency while the employee’s spouse, son, daughter, or parent is on covered active duty or call to cover…

Regulations of Connecticut State AgenciesSec. 31-51rr-14. Leave to care for a covered servicemember with a serious injury or illness (29 CFR § 825.127)(a) Eligible employees are entitled to FMLA leave to care for a covered servicemember with a serious illness or injury. (b) Cover…

Regulations of Connecticut State AgenciesSec. 31-51rr-15. Amount of leave (29 CFR § 825.200)(a) An eligible employee's FMLA leave entitlement is limited to a total of twelve (12) workweeks of leave during any twelve (12)-month period for any one, or more, of the following reasons…

Regulations of Connecticut State AgenciesSec. 31-51rr-16. Leave to care for a parent (29 CFR § 825.201)(a) General rule. An eligible employee is entitled to FMLA leave if needed to care for the employee's parent with a serious health condition. Care for parents-in-law is not cove…

Regulations of Connecticut State AgenciesSec. 31-51rr-17. Intermittent leave or reduced leave schedule (29 CFR § 825.202)(a) Definition. FMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances. Intermittent leave is FMLA leave taken in se…

Regulations of Connecticut State AgenciesSec. 31-51rr-18. Scheduling of intermittent or reduced schedule leave (29 CFR § 825.203)Eligible employees may take FMLA leave on an intermittent or reduced schedule basis when medically necessary due to the serious health condition of a c…

Regulations of Connecticut State AgenciesSec. 31-51rr-19. Transfer of an employee to an alternative position during intermittent leave or reduced schedule leave (29 CFR § 825.204)(a) Transfer or reassignment. If an employee needs intermittent leave or leave on a reduced leave sch…

Regulations of Connecticut State AgenciesSec. 31-51rr-2. Eligible employee (29 CFR § 825.110)(a) An eligible employee is an employee of a covered employer who: (1) Has been employed by the employer for at least twelve (12) months, and(2) Has been employed for at least nine hundre…

Regulations of Connecticut State AgenciesSec. 31-51rr-20. Increments of FMLA leave for intermittent or reduced schedule leave (29 CFR § 825.205)(a) Minimum increment. (1) When an employee takes FMLA leave on an intermittent or reduced leave schedule basis, the employer shall acco…

Regulations of Connecticut State AgenciesSec. 31-51rr-21. Substitution of paid leave (29 CFR § 825.207)(a) Generally, FMLA leave is unpaid leave. However, under the circumstances described in this section, FMLA permits an eligible employee to choose to substitute accrued paid lea…

Regulations of Connecticut State AgenciesSec. 31-51rr-22. Maintenance of employee benefits (29 CFR § 825.209)(a) During any FMLA leave, an employer must maintain the employee's coverage under any group health plan (as defined in the Internal Revenue Code of 1986 at 26 U.S.C. 5000…

Regulations of Connecticut State AgenciesSec. 31-51rr-23. Employee payment of group health benefit premiums (29 CFR § 825.210)(a) Group health plan benefits must be maintained on the same basis as coverage would have been provided if the employee had been continuously employed du…

Regulations of Connecticut State AgenciesSec. 31-51rr-24. Maintenance of benefits under multi-employer health plans (29 CFR § 825.211)(a) A multi-employer health plan is a plan to which more than one employer is required to contribute, and which is maintained pursuant to one or m…

Regulations of Connecticut State AgenciesSec. 31-51rr-25. Employee failure to pay health plan premium payments (29 CFR § 825.212)(a) (1) In the absence of an established employer policy providing a longer grace period, an employer's obligations to maintain health insurance covera…

Regulations of Connecticut State AgenciesSec. 31-51rr-26. Employer recovery of benefit costs (29 CFR § 825.213)(a) In addition to the circumstances discussed in section 31-51rr-25(b) of the Regulations of Connecticut State Agencies, an employer may recover its share of health pla…

Regulations of Connecticut State AgenciesSec. 31-51rr-27. Employee right to reinstatement (29 CFR § 825.214)General rule. On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position wi…

Regulations of Connecticut State AgenciesSec. 31-51rr-28. Equivalent position (29 CFR § 825.215)(a) Equivalent position. An equivalent position is one that is virtually identical to the employee's former position in terms of pay, benefits and working conditions, including privile…

Regulations of Connecticut State AgenciesSec. 31-51rr-29. Limitations on an employee's right to reinstatement (29 CFR § 825.216)(a) An employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously emplo…

Regulations of Connecticut State AgenciesSec. 31-51rr-3. Qualifying reasons for leave, general rule (29 CFR § 825.112)(a) Circumstances qualifying for leave. Employers covered by FMLA are required to grant leave to eligible employees: (1) For birth of a son or daughter, and to ca…

Regulations of Connecticut State AgenciesSec. 31-51rr-30. Protection for employees who request leave or otherwise assert FMLA rights (29 CFR § 825.220)(a) The FMLA prohibits interference with an employee's rights under the law, and with legal proceedings or inquiries relating to …

Regulations of Connecticut State AgenciesSec. 31-51rr-31. Employer notice requirements (29 CFR § 825.300)(a) General notice. (1) Every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice ex…

Regulations of Connecticut State AgenciesSec. 31-51rr-32. Designation of FMLA leave (29 CFR § 825.301)(a) Employer responsibilities. The employer's decision to designate leave as FMLA-qualifying shall be based only on information received from the employee or the employee's spoke…

Regulations of Connecticut State AgenciesSec. 31-51rr-33. Employee notice requirements for foreseeable FMLA leave (29 CFR § 825.302)(a) Timing of notice. An employee must provide the employer at least thirty (30) days advance notice before FMLA leave is to begin if the need for t…