The following article was first posted by Carmody Torrance Sandak & Hennessey LLP. It is reposted here with permission.
The federal and Connecticut Family and Medical Leave acts provide clear requirements for how much job-protected leave a covered employer must provide to its eligible employees.
That is, eligible employees are generally entitled to 12 weeks of job-protected leave over a 12-month period, plus an additional two weeks of leave under the Connecticut FMLA for a serious health condition resulting in incapacity during pregnancy.
But does an employer have any obligation to provide a medical leave to an employee who is not eligible for leave under the federal or Connecticut FMLAs?
For example, does an employer have to provide job-protected medical leave to an employee who has been employed less than three months or to an employee who has exhausted their available FMLA leave?
The federal Americans with Disabilities Act and the Connecticut Fair Employment Practices Act require employers to provide a reasonable accommodation to employees with a covered disability.
The Equal Employment Opportunity Commission and courts have held that a medical leave can be a reasonable accommodation.
Therefore, an employer may be required to provide an employee a medical leave of absence even if the employee is not eligible for FMLA leave or has exhausted their FMLA time.
The question then becomes, how much time off is an employer required to provide?
Unlike the...
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