Leaves of Absence/FMLA Articles

FMLA Rights Triggered Once Employer Notified of Need for Leave

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            A recent Connecticut District Court decision highlights the need for employers to affirmatively determine if a request for leave is covered by the FMLA, even if the employee does not specifically request “FMLA leave.” McNamara v. Trinity College, 2013 U.S. Dist. LEXIS 6045 (D. Conn. Jan. 15, 2013). The employee worked for Trinity College and requested a leave to care for his wife who was undergoing hip replacement surgery. The employer never informed the employee of his FMLA rights, and did not treat his two week absence as FMLA protected leave. Instead, it issued him a written warning for poor attendance.

Careful Counting May Exempt Employers from CT and Federal FMLA

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       The Connecticut Supreme Court recently held that the Connecticut Family and Medical Leave Act (CTFMLA) only covers employers with at least 75 Connecticut based employees. Velez v. Commissioner of Labor, 306 Conn. 475 (2012). The decision clarifies that employers with a total workforce of 75 or more employees are not covered by the Act, if they employ fewer than 75 employees in Connecticut. 

Employer's Guide to Connecticut's Paid Sick Leave Law

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             Effective January 1, 2012, Connecticut became the first state to require paid sick leave. Public Act No. 11-52. Employers should make sure their handbooks, and policies, including those covering leaves of absence, paid time off, attendance, and medical documentation procedures, all comply with the new law.

Connecticut First In Nation to Require Paid Sick Leave

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            Effective January 1, 2012, Connecticut will become the first state to require paid sick leave. Under the law, most employers of 50 or more employees within the state must provide their “service workers” at least 40 hours of paid sick leave each calendar year. Employers excluded from the Act include manufacturers and nationally charted organizations exempt from taxation under section 501(c)(3) of the tax code. Covered employers must also comply with new informational and anti-retaliation requirements.

FMLA Rights for Military Servicemember Families and Veterans

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            On October 28, 2009 President Obama signed the Supporting Military Families Act of 2009, which expands the exigency and military caregiver leave provisions of the Family and Medical Leave Act. The changes, which were effective upon the President’s signature, now permit employees to take leaves of up to 12 weeks for qualifying exigencies related to an “active duty” spouse, child or parent being deployed to a foreign country. Such exigencies include short-notice deployment, military events, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and any other service-related activity that the employer and employee agree is a qualifying exigency.


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