Employers across Connecticut are months into adopting the new rules in Connecticut’s Family and Medical Leave Act, which applies to nearly every employer across the state.

While the statute mandates the qualifying reasons for leave, it does give employers the discretion to choose how to measure the 12-month period used to designate the leave.

Connecticut’s Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid leave during a 12-month period.

An employer can choose one of four options to determine the 12-month period:

• A calendar year
• Any fixed 12-month period, such as a fiscal year or a 12-month period measured forward from the employee’s first date of employment
• A 12-month period measured forward from the employee’s first day of leave taken
• A rolling 12-month period measured backwards from the date the employee takes leave

Employers may select any of these four methods, but must apply it uniformly to all employees.

Employers who have a written policy about FMLA should include how the 12-month period is determined.

Carmody Torrance Sandak & Hennessey attorneys Nick Zaino and Vincent Farisello shared their insights during a May 11, 2022 HR Hotline Live webinar.

Rolling Back Method

Employment lawyers generally recommend employers use the rolling back method for calculating the 12-month period.

Not only does this method prevent stacking across calendar years, but it is also the method used by the Connecticut Paid Leave Authority, the...

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