Sec. 31-51ll. Family and medical leave: Length of leave; eligibility; intermittent or reduced leave schedules; substitution of accrued paid leave; notice to employer.
Sec. 31-51ll. Family and medical leave: Length of leave; eligibility; intermittent or reduced leave schedules; substitution of accrued paid leave; notice to employer. (a)(1) Subject to section 31-51mm, an eligible employee shall be entitled to a
total of sixteen workweeks of leave during any twenty-four-month period, such twenty-four-month period to be determined utilizing any one of the following methods: (A)
Consecutive calendar years; (B) any fixed twenty-four-month period, such as two consecutive fiscal years or a twenty-four-month period measured forward from an employee's first date of employment; (C) a twenty-four-month period measured forward from
an employee's first day of leave taken under sections 31-51kk to 31-51qq, inclusive; or
(D) a rolling twenty-four-month period measured backward from an employee's first
day of leave taken under sections 31-51kk to 31-51qq, inclusive.
(2) Leave under this subsection may be taken for one or more of the following
reasons:
(A) Upon the birth of a son or daughter of the employee;
(B) Upon the placement of a son or daughter with the employee for adoption or
foster care;
(C) In order to care for the spouse, or a son, daughter or parent of the employee, if
such spouse, son, daughter or parent has a serious health condition;
(D) Because of a serious health condition of the employee; or
(E) In order to serve as an organ or bone marrow donor.
(b) Entitlement to leave under subparagraph (A) or (B) of subdivision (2) of subsection (a) of this section may accrue prior to the birth or placement of a son or daughter
when such leave is required because of such impending birth or placement.
(c) (1) Leave under subparagraph (A) or (B) of subdivision (2) of subsection (a)
of this section for the birth or placement of a son or daughter may not be taken by an
employee intermittently or on a reduced leave schedule unless the employee and the
employer agree otherwise. Subject to subdivision (2) of this subsection concerning an
alternative position, subdivision (2) of subsection (f) of this section concerning the duties
of the employee and subdivision (5) of subsection (b) of section 31-51mm concerning
sufficient certification, leave under subparagraph (C) or (D) of subdivision (2) of subsection (a) of this section for a serious health condition may be taken intermittently or on
a reduced leave schedule when medically necessary. The taking of leave intermittently
or on a reduced leave schedule pursuant to this subsection shall not result in a reduction
of the total amount of leave to which the employee is entitled under subsection (a) of
this section beyond the amount of leave actually taken.
(2) If an employee requests intermittent leave or leave on a reduced leave schedule
under subparagraph (C), (D) or (E) of subdivision (2) of subsection (a) of this section
that is foreseeable based on planned medical treatment, the employer may require the
employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that (A) has equivalent pay and benefits,
and (B) better accommodates recurring periods of leave than the regular employment
position of the employee, provided the exercise of this authority shall not conflict with
any provision of a collective bargaining agreement between such employer and a labor
organization which is the collective bargaining representative of the unit of which the
employee is a part.
(d) Except as provided in subsection (e) of this section, leave granted under subsection (a) of this section may consist of unpaid leave.
(e) (1) If an employer provides paid leave for fewer than sixteen workweeks, the
additional weeks of leave necessary to attain the sixteen workweeks of leave required
under sections 5-248a and 31-51kk to 31-51qq, inclusive, may be provided without
compensation.
(2) (A) An eligible employee may elect, or an employer may require the employee,
to substitute any of the accrued paid vacation leave, personal leave or family leave of
the employee for leave provided under subparagraph (A), (B) or (C) of subdivision (2)
of subsection (a) of this section for any part of this sixteen-week period of such leave
under said subsection.
(B) An eligible employee may elect, or an employer may require the employee, to
substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave
of the employee for leave provided under subparagraph (C), (D) or (E) of subdivision (2)
of subsection (a) of this section for any part of the sixteen-week period of such leave
under said subsection, except that nothing in section 5-248a or sections 31-51kk to 31-51qq, inclusive, shall require an employer to provide paid sick leave or paid medical
leave in any situation in which such employer would not normally provide any such
paid leave.
(f) (1) In any case in which the necessity for leave under subparagraph (A) or (B)
of subdivision (2) of subsection (a) of this section is foreseeable based on an expected
birth or placement of a son or daughter, the employee shall provide the employer with
not less than thirty days' notice, before the date of the leave is to begin, of the employee's
intention to take leave under said subparagraph (A) or (B), except that if the date of the
birth or placement of a son or daughter requires leave to begin in less than thirty days,
the employee shall provide such notice as is practicable.
(2) In any case in which the necessity for leave under subparagraph (C), (D) or (E) of
subdivision (2) of subsection (a) of this section is foreseeable based on planned medical
treatment, the employee (A) shall make a reasonable effort to schedule the treatment
so as not to disrupt unduly the operations of the employer, subject to the approval of
the health care provider of the employee or the health care provider of the son, daughter,
spouse or parent of the employee, as appropriate; and (B) shall provide the employer with
not less than thirty days' notice, before the date the leave is to begin, of the employee's
intention to take leave under said subparagraph (C), (D) or (E), except that if the date
of the treatment requires leave to begin in less than thirty days, the employee shall
provide such notice as is practicable.
(g) In any case in which a husband and wife entitled to leave under subsection (a)
of this section are employed by the same employer, the aggregate number of workweeks
of leave to which both may be entitled may be limited to sixteen workweeks during any
twenty-four-month period, if such leave is taken: (1) Under subparagraph (A) or (B) of
subdivision (2) of subsection (a) of this section; or (2) to care for a sick parent under
subparagraph (C) of said subdivision.
(h) Unpaid leave taken pursuant to sections 5-248a and 31-51kk to 31-51qq, inclusive, shall not be construed to affect an employee's qualification for exemption under
chapter 558.
(i) Notwithstanding the provisions of sections 5-248a and 31-51kk to 31-51qq, inclusive, all further rights granted by federal law shall remain in effect.
(P.A. 96-140, S. 2, 10; P.A. 03-213, S. 2; P.A. 04-95, S. 2; 04-257, S. 49.)
History: P.A. 96-140 effective January 1, 1997; P.A. 03-213 amended Subsec. (a) by deleting "begin with the first day
of leave taken," and adding provisions specifying alternative methods for determining the 24-month period during which
family and medical leave may be taken; P.A. 04-95 amended Subsec. (a) to expand leave entitlement to organ or bone
marrow donors, to reorganize provisions into new Subdivs. (1) and (2), and to redesignate both sets of existing Subdivs.
(1) to (4) as Subparas. (A) to (D), respectively, and amended Subsecs. (b), (c), (e) and (f) to make internal references
consistent with changes in Subsec. (a); P.A. 04-257 made technical changes in Subsecs. (a) to (c) and (e) to (g), effective
June 14, 2004.