January 1 brings big changes to CT’s family and medical leave law. Is your business ready? | Pullman & Comley – Labor, Employment and Benefits Law

The Connecticut Family and Medical Leave Act (CT FMLA) generally requires private sector employers to grant employees unpaid, job-protected leave for a variety of reasons related to their health, the health of a family member, or the birth or adoption of a child. The current law applies to employers with 75 or more employees. As of January 1, 2022, the FMLA TC will be amended in several important respects. Specifically, the revised law will now require employers with at least one employee to provide FMLA leave.

Additionally, under Connecticut’s new paid leave law, effective January 1, 2022, eligible employees may receive income replacement benefits from the CT Paid Leave Authority while on or under the CT FMLA leave. Connecticut Family Violence Leave Act.

The Paid Leave Authority CT has started accepting claims for paid benefits in relation to leaves that will begin on January 1, 2022. See this link for more information on how employees can access paid vacation benefits and the employer’s role when an employee requests time off under the Amended FMLA TC. The TB Paid Leave Authority website also contains useful tips for employers and employees.


FMLA CT changes

As noted above, the revised FMLA TC will apply to employers of one or more employees as of January 1. The other key changes to CT FMLA starting in the new year are as follows:

  • The eligibility threshold changes: Employees only need to work for an employer for three months to qualify and there is no longer a minimum requirement for hours worked (previous law required 12 months of employment and 1,000 hours of work with the employer);
  • The number of weeks available and how you calculate them change: The maximum FMLA CT leave allowed will now be 12 weeks over a 12-month period (with two additional weeks of leave available for a serious medical condition that results in disability during pregnancy) (previously employees were entitled to 16 weeks over a 24-month period);
  • There will be a further limitation when FMLA leave is taken with respect to paid leave provided by the employer: Employers requiring an employee to use employer-provided paid leave while on FMLA CT leave will now be required to allow an employee to retain at least 2 weeks of employer-provided leave (previously, employers could require employees to use all the accumulated time);
  • The definition of family members for which an employee can take FMLA CT leave is broadened.

Paid time off benefits under the TB paid time off program

Effective January 1, 2022, the Connecticut Paid Leave Program (CTPL) will also provide covered employees with income replacement when they take leave for reasons permitted under the CT FMLA or the Connecticut Family Violence Leave Act. . The CTPL program is administered by the MOT Authorization of paid leave. Funding to support benefits comes from employee payroll deductions that began January 1, 2021.

Employees must meet certain salary requirements and must be currently employed (or must have been employed within the previous 12 weeks) in order to receive benefits from the Authority. Self-employed persons and sole proprietors who live in Connecticut can also voluntarily enroll in the CTPL program. CT’s Paid Leave Authority, not the employer, is responsible for determining whether an employee is eligible for income replacement benefits. Employers will have to help the Authority verify eligibility after an employee has completed an application with the Authority for benefits.

Action measures

Small employers who are not currently subject to FMLA TC (or the federal FMLA which applies to employers with 50 or more employees) will need to take immediate action to comply with next month’s legislative changes. These steps include revising employee manuals to include an FMLA policy, updating workplace notices, and educating supervisors and employees about the new law, time off rights, and the availability of related benefits. paid vacation.

Large employers who have been subject to FMLA TC for some time will also need to review and revise their policies and procedures in the new year, given the significant changes to the previous version of FMLA TC and the replacement benefits of the FMLA TC. income which will now be available from the Authority.

The Connecticut Department of Labor is expected to issue regulations in the near future that will help clarify certain aspects of the revised FMLA CT.

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