Leaves of Absence/FMLA Articles
Caring for Disabled Adult Children under the FMLA
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- Created on Wednesday, 08 May 2013 12:18
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The U.S. Department of Labor recently provided guidance on when employees may take federal FMLA leave to care for an adult child who is incapable of self-care because of a disability. The FMLA entitles an eligible employee to take up to 12 workweeks of unpaid, job-protected leave during a 12-month period to care for a son or daughter with a serious health condition. The FMLA defines a “son or daughter” as a “biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is—(A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability.”
FMLA Rights Triggered Once Employer Notified of Need for Leave
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- Created on Wednesday, 08 May 2013 12:18
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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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- Created on Thursday, 24 January 2013 12:18
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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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- Created on Monday, 30 January 2012 12:18
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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.
Connecticut First In Nation to Require Paid Sick Leave
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- Created on Saturday, 01 October 2011 12:18
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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.
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