The following was first published on Berchem Moses PC's Connecticut Labor & Employment Law Journal. It is reposted here with permission.
Employers trying to enforce attendance policies confront a poker hand of laws that protect the rights of employees to different types of work leave.
Indeed, an employee out on leave can be eligible for various types of leave, including workers' compensation, federal Family and Medical Leave Act, Connecticut FMLA, Americans with Disabilities Act, and Connecticut’s Fair Employment Practices Act, all at the same time.
Hence, employers can violate a number of statutes in an effort to get employees to come to work or by terminating the employment of employees who won’t or can’t work.
This year, Connecticut added the Paid Family and Medical Leave Act, which only adds to the confusion.
We will try to provide some FMLA clarity, but remember each statute must be analyzed separately in any leave situation.
Prior to Jan. 1, 2022, Connecticut FMLA applied to employers with 75 or more employees. Effective this year, Connecticut FMLA applies to virtually all private sector employers, regardless of size.
Connecticut paid leave is a separate law from Connecticut FMLA.
While leave under Connecticut and federal FMLA was previously unpaid, Connecticut paid leave now provides up to 12 weeks of pay annually from the state upon application by the employee.
Paid leave is administered by the state, with the employer’s cooperation, while...
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