Last year, Connecticut implemented a new law that allows for paid leave under the Connecticut Family Medical Leave Act (CTFMLA). Despite this law being over a year old, many employees (and employers) still are not aware of its requirements. Therefore, the following are four key things to know when it comes to the CTFMLA and the Connecticut Paid Family and Medical Leave Act.
1. Application process. FMLA and Paid FMLA are not the same thing. As such, you must apply for each independently. Said another way, applying for one does not mean that you’ve applied for the other so make sure you know which version is applicable to your situation and make sure you apply for the correct version, if not both. To apply for CTFMLA you will need to go through your company’s standard procedures for FMLA. To apply for Paid FMLA, you must use the state’s portal at ctpaidleave.org.
2. Different protections. Another reason it is important to apply for the correct version is that Paid FMLA does not carry the same protections that CTFMLA does. Primarily, CTFMLA (as well as Federal FMLA) protects your job while you take the leave. In other words, if you take FMLA leave under the original statute, your employer is supposed to keep your job or have an equivalent position available for you upon your return. In contrast, Paid FMLA does not require your employer to keep your job; it simply provides partial income replacement while you are out.
3. Union, Teacher exclusion. One exclusion from Paid FMLA that surprises many people is teachers - CTPL specifically excludes from eligibility public employees who are members of collective bargaining agreements (CBAs). Because the law only took effect last year and many CBAs have a three year term, most union agents have not had the chance to negotiate for inclusion into the program. Therefore, many teachers – and many other public employees – are not currently eligible for CTPL.
4. Dual protection. Employees are protected under both Connecticut and Federal statutes in taking FMLA. These protections extend to the simple act of asking about FMLA, with specific statutes in place to protect workers.
If you are an employer who needs advising on employees taking leave or if you feel that you received negative treatment at work because you took – or even asked about taking – FMLA leave, contact our law firm for a free case evaluation.