(a)(1) Subject to section 31-51mm, an eligible employee shall be entitled to a total of twelve workweeks of leave during any twelve-month period, such twelve-month period to be determined utilizing any one of the following methods: (A) A calendar year; (B) any fixed twelve-month period, such as a fiscal year or a twelve-month period measured forward from an employee's first date of employment; (C) a twelve-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 twelve-month period measured backward from an employee's first day of leave taken under sections 31-51kk to 31-51qq, inclusive. Such employee may take up to two additional weeks of leave during such twelve-month period for a serious health condition resulting in incapacitation that occurs during a pregnancy.
(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 a family member of the employee, if such family member has a serious health condition;
(D) Because of a serious health condition of the employee;
(E) In order to serve as an organ or bone marrow donor; or
(F) Because of any qualifying exigency, as determined in regulations adopted by the United States Secretary of Labor, arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty, or has been notified of an impending call or order to active duty, in the armed forces, as defined in subsection (a) of section 27-103.
(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) or under subsection (i) 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) or under subsection (i) 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 twelve workweeks, the additional weeks of leave necessary to attain the twelve workweeks of leave required under sections 5-248a and 31-51kk to 31-51qq, inclusive, may be provided without compensation or with compensation through the Family and Medical Leave Insurance Program established in section 31-49g.
(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 the twelve-week period of such leave under said subsection or under subsection (i) of this section for any part of the twenty-six-week period of such leave, provided such eligible employee may retain not less than two weeks of such leave.
(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 twelve-week period of such leave under said subsection or under subsection (i) of this section for any part of the twenty-six-week period of leave, provided such eligible employee may retain not less than two weeks of such leave, 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) or under subsection (i) 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 family member 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) or said subsection (i), 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 two spouses 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 twelve workweeks during any twelve-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 family member under subparagraph (C) of said subdivision. In any case in which two spouses entitled to leave under subsection (i) 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 twenty-six workweeks during any twelve-month period.
(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) Subject to section 31-51mm, an eligible employee who is the spouse, son or daughter, parent or next of kin of a current member of the armed forces, as defined in section 27-103, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is on the temporary disability retired list for a serious injury or illness incurred in the line of duty shall be entitled to a one-time benefit of twenty-six workweeks of leave during any twelve-month period for each armed forces member per serious injury or illness incurred in the line of duty. Such twelve-month period shall commence on an employee's first day of leave taken to care for a covered armed forces member and end on the date twelve months after such first day of leave. For the purposes of this subsection, (1) “next of kin” means the armed forces member's nearest blood relative, other than the covered armed forces member's spouse, parent, son or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the armed forces member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered armed forces member has specifically designated in writing another blood relative as his or her nearest blood relative or any other individual whose close association with the employee is the equivalent of a family member for purposes of military caregiver leave, in which case the designated individual shall be deemed to be the covered armed forces member's next of kin; and (2) “son or daughter” means a biological, adopted or foster child, stepchild, legal ward or child for whom the eligible employee or armed forces member stood in loco parentis and who is any age.
(j) Leave taken pursuant to sections 31-51kk to 31-51qq, inclusive, shall not run concurrently with the provisions of section 31-313.
(k) 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; P.A. 09-70, S. 1; P.A. 10-88, S. 4–6; P.A. 16-195, S. 1; P.A. 19-25, S. 18.)
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; P.A. 09-70 added new Subsecs. (i) and (j) re additional leave for eligible employees who are family members of armed forces members injured in line of duty, redesignated existing Subsec. (i) as Subsec. (k), and made conforming changes in Subsecs. (c), (e)(2), (f)(2) and (g), effective May 27, 2009; P.A. 10-88 made technical changes in Subsecs. (f)(2), (i) and (j), effective May 26, 2010; P.A. 16-195 amended Subsec. (a)(2) by adding Subpara. (F) re qualifying exigency arising out of active duty service or notification of impending call or order to active duty in the armed forces, effective June 7, 2016; P.A. 19-25 amended Subsec. (a)(1) by replacing provision re 16 workweeks of leave during any 24 month period with provision re 12 workweeks of leave during any 12 month period, and adding provision re 2 additional weeks of leave for serious health condition that results in incapacitation that occurs during pregnancy, amended Subsec. (a)(2)(C) by replacing references to spouse, son, daughter or parent with references to family member, amended Subsec. (e)(1) by replacing references to 16 workweeks of leave with references to 12 workweeks of leave and adding “or with compensation through the Family and Medical Leave Insurance Program established in section 31-49g”, amended Subsec. (e)(2) by replacing reference to 16 week period with reference to 12 week period, and adding provisions re employee retaining not less than 2 weeks of leave, amended Subsec. (f)(2) by replacing reference to son, daughter, spouse or parent with reference to family member, amended Subsec. (g) by replacing “a husband and wife” with “two spouses”, replacing provision re 16 workweeks of leave during any 24 month period with provision re 12 workweeks of leave during any 12 month period, and replacing “parent” with “family member”, amended Subsec. (i) by adding “or any other individual whose close association with the employee is the equivalent of a family member”, and made technical and conforming changes, effective January 1, 2022.
Structure Connecticut General Statutes
Chapter 557 - Employment Regulation
Section 31-12. - Hours of labor of minors in manufacturing or mechanical establishments.
Section 31-13. - Hours of labor of minors in mercantile establishments.
Section 31-13b. - Visible clock required as part of time card system.
Section 31-14. - Night work of minors regulated.
Section 31-15a. - Criminal penalty.
Section 31-16. - Night work in messenger service.
Section 31-18. - Hours of labor of minors in certain other establishments.
Section 31-21. - Legal day's work.
Section 31-22. - Labor Commissioner's duties of enforcement and reports.
Section 31-22m. (Formerly Sec. 31-51a). - Apprenticeship. Definitions.
Section 31-22n. (Formerly Sec. 31-51b). - Apprenticeship council.
Section 31-22o. (Formerly Sec. 31-51c). - Powers and duties of council.
Section 31-22p. (Formerly Sec. 31-51d). - Labor Commissioner's powers and duties.
Section 31-22q. (Formerly Sec. 31-51e). - Program of apprentice training. Informational campaign.
Section 31-22r. - Apprenticeship registration; apprentices, sponsors.
Section 31-22s. - Report re feasibility of on-line apprenticeship registration system.
Section 31-22t. (Formerly Sec. 31-51j). - Preclusion of apprentice training programs prohibited.
Section 31-22u. - Military training evaluation.
Section 31-22v. - Office of apprenticeship training. Internet web site.
Section 31-23. - Employment of minors prohibited in certain occupations. Exceptions.
Section 31-24. - Hazardous employment of children forbidden.
Section 31-25. - Operation of elevators by minors.
Section 31-28. - Registration of manufacturing and mechanical establishments.
Section 31-29. - Manufacturing license for residential buildings.
Section 31-30. - Home workers.
Section 31-31. - Records of home workers and materials.
Section 31-33. - Regulation of industrial home work.
Section 31-34. - Stained glass windows.
Section 31-35. - Lighting and sanitary condition of factories and roundhouses.
Section 31-36. - Toilet room required in foundries. Penalty.
Section 31-38. - Toilet accommodations on tobacco plantations.
Section 31-39. - Employees in paper factory to be vaccinated.
Section 31-40c. - Information and notice requirements for employers using or producing carcinogens.
Section 31-40d. - Complaints of violations. Inspections. Discrimination prohibited.
Section 31-40e. - Order to comply. Citation. Hearing. Appeal.
Section 31-40f. - Penalties. Duties of Labor Commissioner. Private right of action.
Section 31-40h. - Sterilization as condition of employment prohibited.
Section 31-40i. - Enforcement. Private right of action.
Section 31-40j. - Definitions.
Section 31-40k. - Employee's right to information concerning toxic substances. Employer's list.
Section 31-40l. - Information requirements for employer using or producing toxic substances.
Section 31-40n. - Trade secret protections. Registration with Labor Commissioner.
Section 31-40o. - Discrimination prohibited. Waiver of rights void.
Section 31-40p. - Severability.
Section 31-40s. - Smoking or use of tobacco products outside of the workplace.
Section 31-40v. - Establishment of safety and health committees by certain employers.
Section 31-40w. - Breastfeeding in the workplace.
Section 31-40y. - Employer harassment of and discrimination against interns prohibited.
Section 31-41. - Order to remove excessive dust.
Section 31-42. - Appliances for threading shuttles.
Section 31-43. - Public laundries; sanitation.
Section 31-44. - Penalty for violation of orders.
Section 31-45. - Emergency kits required in factories.
Section 31-45a. - Protection of feet.
Section 31-47. - Inspection of employee lodging houses.
Section 31-48. - Laborers not to be overcharged.
Section 31-48a. - Recruitment or referral of professional strikebreaker restricted.
Section 31-48c. - Hiring of municipal police during labor dispute prohibited.
Section 31-49. - Care required of a master for his servant's safety.
Section 31-49e. - Paid family and medical leave. Definitions.
Section 31-49f. - Paid Family and Medical Leave Insurance Authority established.
Section 31-49i. - Family and Medical Leave Insurance Trust Fund established.
Section 31-49j. - Duties of State Treasurer.
Section 31-49k. - State Treasurer. Investments.
Section 31-49l. - Board of directors. Responsibilities.
Section 31-49o. - Private plans. Approval of. Conditions.
Section 31-49q. - Written notice required of employer.
Section 31-49s. - Employer providing more expansive benefits.
Section 31-49t. - Authority's annual report.
Section 31-50a. - Noncompete agreements: Security guards.
Section 31-50b. - Noncompete agreements: Broadcast employees.
Section 31-51. - Blacklisting.
Section 31-51aa. - Drug testing: Effect of collective bargaining agreement.
Section 31-51bb. - Right of employee to pursue cause of action.
Section 31-51f. - Participation in Manpower Development and Training Act.
Section 31-51g. - Use of polygraph prohibited. Penalty. Exceptions.
Section 31-51ii. - Meal periods. Exemptions. Regulations.
Section 31-51jj. - Notice to employees of incoming emergency telephone calls.
Section 31-51k. - Employment of alien not entitled to residence.
Section 31-51kk. - Family and medical leave: Definitions.
Section 31-51mm. - Family and medical leave: Certification.
Section 31-51n. - Definitions.
Section 31-51nn. - Family and medical leave: Employment and benefits protection.
Section 31-51oo. - Family and medical leave: Confidentiality of medical records and documents.
Section 31-51p. - Membership in health care center as part of health benefits plan.
Section 31-51pp. - Family and medical leave: Prohibited acts, complaints, rights and remedies.
Section 31-51qq. - Family and medical leave: Regulations.
Section 31-51r. - Execution of employment promissory note prohibited.
Section 31-51rr. - Family and medical leave benefits for employees of political subdivisions.
Section 31-51t. - Drug testing: Definitions.
Section 31-51u. - Drug testing: Requirements.
Section 31-51uu. - Optional exclusion of employee health insurance premiums from gross income.
Section 31-51v. - Drug testing: Prospective employees.
Section 31-51vv. - Employment of person coerced to engage in such employment prohibited.
Section 31-51w. - Drug testing: Observation prohibited. Privacy of results.
Section 31-51x. - Drug testing: Reasonable suspicion required. Random tests.
Section 31-51z. - Drug testing: Enforcement. Damages.
Section 31-51aaa. - Individual Development Account Reserve Fund: Use and administration.
Section 31-51ccc. - Program evaluation. Report.
Section 31-51ddd. - Regulations.
Section 31-51eee. - Receipt of funds authorized.
Section 31-51fff. - Restrictions on funding expenditures to apply.
Section 31-51ww. - Individual development account programs: Definitions.
Section 31-51xx. - Connecticut IDA Initiative established. Implementation.
Section 31-51yy. - Eligibility. Duties of community-based organizations and financial institutions.
Section 31-51zz. - Individual Development Account Reserve Fund: Funds deposited in.
Section 31-52a. - Residents' preference in work on other public facilities.
Section 31-54. - Rate of wages for work on state highways.
Section 31-55. - Posting of wage rates by contractors doing state work.
Section 31-55a. - Annual adjustments to wage rates by contractors doing state work.
Section 31-56. - Hours of labor on state bridges.
Section 31-56a. - Definitions.
Section 31-56b. - Project labor agreements for public works projects.
Section 31-56c. - Use of project labor agreement re public school design-build contract.
Section 31-56d. - Severability.
Section 31-57. - Hours of labor on construction, alteration or repair of public works project.
Section 31-57a. - Awarding of contracts to National Labor Relations Act violators prohibited.
Section 31-57b. - Awarding of contracts to occupational safety and health law violators prohibited.
Section 31-57i. - Employee Misclassification Advisory Board. Members. Duties.
Section 31-57r. - Definitions.
Section 31-57t. - Permitted uses for sick leave.
Section 31-57u. - Additional leave. Donation of unused leave. Breaks in service.
Section 31-57w. - Notice to service workers of sick leave requirements. Regulations.
Section 31-57x. - Paid family and medical leave program. Implementation plan. Report.
Section 31-57y. - Unpaid time off for purposes of voting at an election.
Section 31-57z. - Education assistance programs. Notice to employees.