(a) An employer may require that request for leave based on a serious health condition in subparagraph (C) or (D) of subdivision (2) of subsection (a) of section 31-51ll, or leave based on subsection (i) of section 31-51ll, be supported by a certification issued by the health care provider of the eligible employee or of the next of kin or family member of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer.
(b) Certification provided under subsection (a) of this section shall be sufficient if it states:
(1) The date on which the serious health condition commenced;
(2) The probable duration of the condition;
(3) The appropriate medical facts within the knowledge of the health care provider regarding the condition;
(4) (A) For purposes of leave under subparagraph (C) of subdivision (2) of subsection (a) of section 31-51ll, a statement that the eligible employee is needed to care for the family member and an estimate of the amount of time that such employee needs to care for the family member; and (B) for purposes of leave under subparagraph (D) of subdivision (2) of subsection (a) of section 31-51ll, a statement that the employee is unable to perform the functions of the position of the employee;
(5) In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment;
(6) In the case of certification for intermittent leave or leave on a reduced leave schedule under subparagraph (D) of subdivision (2) of subsection (a) of section 31-51ll, a statement of the medical necessity of the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule;
(7) In the case of certification for intermittent leave or leave on a reduced leave schedule under subparagraph (C) of subdivision (2) of subsection (a) of section 31-51ll, a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the family member who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule; and
(8) In the case of certification for intermittent leave or leave on a reduced leave schedule under subsection (i) of section 31-51ll, a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the spouse, son or daughter, parent or next of kin who is 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, and the expected duration and schedule of the intermittent leave or reduced leave schedule. For the purposes of this subsection, “son or daughter” and “next of kin” have the same meanings as provided in subsection (i) of section 31-51ll.
(c) (1) In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) of this section for leave under subparagraph (C) or (D) of subdivision (2) of subsection (a) or under subsection (i) of section 31-51ll, the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) of this section for such leave.
(2) A health care provider designated or approved under subdivision (1) of this subsection shall not be employed on a regular basis by the employer.
(d) (1) In any case in which the second opinion described in subsection (c) of this section differs from the opinion in the original certification provided under subsection (a) of this section, the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b) of this section.
(2) The opinion of the third health care provider concerning the information certified under subsection (b) of this section shall be considered to be final and shall be binding on the employer and the employee.
(e) The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis, provided the standards for determining what constitutes a reasonable basis for recertification may be governed by a collective bargaining agreement between such employer and a labor organization which is the collective bargaining representative of the unit of which the worker is a part if such a collective bargaining agreement is in effect. Unless otherwise required by the employee's health care provider, the employer may not require recertification more than once during a thirty-day period and, in any case, may not unreasonably require recertification. The employer shall pay for any recertification that is not covered by the employee's health insurance.
(P.A. 96-140, S. 3, 10; P.A. 04-95, S. 3; 04-257, S. 50; P.A. 09-70, S. 2; P.A. 10-88, S. 3; P.A. 14-122, S. 146; P.A. 19-25, S. 19.)
History: P.A. 96-140 effective January 1, 1997; P.A. 04-95, effective October 1, 2004, and P.A. 04-257, effective June 14, 2004, both made identical technical changes in Subsecs. (a) to (c); P.A. 09-70 amended Subsecs. (a) and (c) by adding reference to Sec. 31-51ll(i), amended Subsecs. (a) and (b) by adding “or next of kin”, and amended Subsec. (b) by adding Subdiv. (8) re requirements for certification of intermittent leave for an eligible employee to receive additional leave to provide care under Sec. 31-51ll, effective May 27, 2009; P.A. 10-88 amended Subsec. (b)(4)(A) by deleting “or next of kin” and making technical changes, effective May 26, 2010; P.A. 14-122 made technical changes in Subsec. (b)(8); P.A. 19-25 replaced references to son, daughter, spouse and parent with references to family member, 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.