Sec. 31-51pp. Family and medical leave: Prohibited acts, complaints, rights and remedies.
Sec. 31-51pp. Family and medical leave: Prohibited acts, complaints, rights
and remedies. (a)(1) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq,
inclusive, for any employer to interfere with, restrain or deny the exercise of, or the
attempt to exercise, any right provided under said sections.
(2) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, inclusive, for
any employer to discharge or cause to be discharged, or in any other manner discriminate,
against any individual for opposing any practice made unlawful by said sections or
because such employee has exercised the rights afforded to such employee under said
sections.
(b) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, inclusive, for
any person to discharge or cause to be discharged, or in any other manner discriminate,
against any individual because such individual:
(1) Has filed any charge, or has instituted or caused to be instituted any proceeding,
under or related to sections 5-248a and 31-51kk to 31-51qq, inclusive;
(2) Has given, or is about to give, any information in connection with any inquiry
or proceeding relating to any right provided under said sections; or
(3) Has testified, or is about to testify, in any inquiry or proceeding relating to any
right provided under said sections.
(c) (1) It shall be a violation of sections 31-51kk to 31-51qq, inclusive, for any
employer to deny an employee the right to use up to two weeks of accumulated sick
leave or to discharge, threaten to discharge, demote, suspend or in any manner discriminate against an employee for using, or attempting to exercise the right to use, up to two
weeks of accumulated sick leave to attend to a serious health condition of a son or
daughter, spouse or parent of the employee, or for the birth or adoption of a son or
daughter of the employee. For purposes of this subsection, "sick leave" means an absence
from work for which compensation is provided through an employer's bona fide written
policy providing compensation for loss of wages occasioned by illness, but does not
include absences from work for which compensation is provided through an employer's
plan, including, but not limited to, a short or long-term disability plan, whether or not
such plan is self-insured.
(2) Any employee aggrieved by a violation of this subsection may file a complaint
with the Labor Commissioner alleging violation of the provisions of this subsection.
Upon receipt of any such complaint, the commissioner shall hold a hearing. After the
hearing, the commissioner shall send each party a written copy of the commissioner's
decision. The commissioner may award the employee all appropriate relief, including
rehiring or reinstatement to the employee's previous job, payment of back wages and
reestablishment of employee benefits to which the employee otherwise would have been
eligible if a violation of this subsection had not occurred. Any party aggrieved by the
decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54.
(3) The rights and remedies specified in this subsection are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under
other provisions of law.
(P.A. 96-140, S. 6, 10; P.A. 03-213, S. 1.)
History: P.A. 96-140 effective January 1, 1997; P.A. 03-213 added new Subsec. (c) re rights relative to use of sick
leave during family and medical leave and complaint and remedial procedures for violation of such rights.
Subsec. (c):
"Accumulated sick leave" refers to paid sick leave that has been earned by an employee but not yet used. 283 C. 644.