Q: One of our employees takes FMLA every summer to care for a family member. Are we really required to allow it every year?
A: You’re probably not going to love this answer, but if the employee qualifies for leave and provides proper medical certification, then yes—most likely.
This is one of the more frustrating situations employers deal with, especially in industries where summer is already the hardest time to maintain staffing levels.
But under both federal law and Connecticut law, employers generally cannot deny qualifying Family and Medical Leave Act leave simply because it happens at the same time every year or creates operational headaches.
If the employee qualifies, has available leave time remaining, and submits the required documentation, there is often not much an employer can legally do to stop the leave itself.
That said, employers are not powerless here. There are still ways to properly manage the process, ensure compliance, and protect against abuse.
Usually, no—unless they have paid time off in their bank that they’d like to use concurrently with their FMLA leave.
Federal FMLA itself is generally unpaid leave. However, things get more complicated in Connecticut because employers also must think about:
Employees may qualify for wage replacement benefits through the Connecticut Paid Leave Authority while they are out on approved leave.
Those payments generally come from the state program, which is administered by Aflac, not directly from the employer.
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