Connecticut General Statutes
Chapter 557 - Employment Regulation
Section 31-49p. - Covered employees. Denial of compensation. Penalty. Appeals filed with Labor Commissioner. Court appeals.

(a) Any covered employee aggrieved by a denial of compensation under the Family and Medical Leave Insurance Program or any person aggrieved by the imposition of a penalty imposed pursuant to section 31-49r may file an appeal with the Labor Commissioner not more than twenty-one calendar days after issuance of the denial or penalty decision, unless good cause exists for the late filing.

(b) Upon receipt of any such appeal, the commissioner, or the commissioner's designee, shall decide the appeal based upon the file record, except that the commissioner or designee may do one or both of the following: (1) Supplement the file record, or (2) conduct a hearing. For purposes of this section, “file record” means any documents submitted to the Paid Family and Medical Leave Insurance Authority or to the private plan administrator, any documents relied upon by the authority or the private plan administrator in making its determination, and any other documents the commissioner or designee deems necessary to dispose of the appeal. The commissioner or designee may require the attendance of witnesses and the production of documents in connection with the appeal, and may issue subpoenas. The Labor Department shall adopt regulations, in accordance with the provisions of chapter 54, concerning the rules of procedure for the disposition of appeals filed under the provisions of this section.
(c) After determination of the appeal, the commissioner or designee shall send each party a written copy of the decision. The commissioner or designee may award the covered employee or person all appropriate relief, including any compensation or benefits to which the employee otherwise would have been eligible if such denial had not occurred. Any party aggrieved by the decision of the commissioner or designee may appeal the decision to the superior court for the judicial district of Hartford or for the judicial district in which the appellant resides, not later than thirty days after issuance of the decision.
(P.A. 19-25, S. 12; June Sp. Sess. P.A. 21-2, S. 275.)
History: P.A. 19-25 effective June 25, 2019; June Sp. Sess. P.A. 21-2 added Subsec. designators (a) to (c), replaced references to complaint with references to appeal, amended Subsec. (a) to add deadline for filing appeal, amended Subsec. (b) to replace requirement to hold hearing with provisions re commissioner's or commissioner's designee's authority to decide appeal based on file record, add Subdivs. (1) and (2) and definition of “file record”, and add provisions re powers of commissioner or designee and requirement to adopt regulations, and amended Subsec. (c) to replace “hearing” with “determination of the appeal”, add references to designee, replace reference to Superior Court with reference to superior court for judicial district of Hartford or where appellant resides and add deadline for appealing to court, effective June 23, 2021.

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