Leaves of Absence/FMLA Articles

Connecticut First In Nation to Require Paid Sick Leave

pdf buttonClick here to download a pdf copy of this article

            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.

DOL Regulations Clarify Key FMLA Provisions

pdf buttonClick here to download a pdf copy of this article

            The U.S. Department of Labor issued a set of revised regulations covering the Family and Medical Leave Act (“FMLA”), which go into effect January 16, 2009, and provide guidance on a number of key areas that employers have struggled with since the law’s enactment in 1993. While some of the major changes are covered below, the new regulations are available at: www.dol.gov/esa/whd/fmla/finalrule.pdf.

Employer Has Burden to Justify Denial of Post-FMLA Job Reinstatement

pdf buttonClick here to download a pdf copy of this article

            In a case of first impression, the Connecticut Supreme Court clarified the framework for analyzing a claim of interference with an employee’s right to reinstatement under the Connecticut Family and Medical Leave Act. Cendant Corp. v. Comm. of Labor, 276 Conn. 16 (2005). The Court held that an employer is strictly liable for a failure to reinstate an employee following a leave; however, the employer may assert an affirmative defense that the employee would still have been terminated even if she had not taken the leave.

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

pdf buttonClick here to download a pdf copy of this article       

 Overview

             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.

FMLA Rights for Military Servicemember Families and Veterans

pdf buttonClick here to download a pdf copy of this article

            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.


 

Schaffer Law, LLC - 50 Bainton Road - West Hartford, CT.  06117 - Phone: (860) 216-1965 - Fax: (860) 606-9595 - This e-mail address is being protected from spambots. You need JavaScript enabled to view it.