June 28, 2022

Volume XII, Number 179

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June 27, 2022

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Connecticut Paid Leave Payments and Connecticut FMLA Changes Coming January 1: What You Need to Know

As we speed closer to January 1, the date when payments will begin under Connecticut’s Paid Family and Medical Leave Act and the effective date of changes to Connecticut’s Family and Medical Leave Act (CT FMLA), below are some updates and considerations for employers.

Paid Leave Applications

On December 1, the applications process opened for Connecticut Paid Leave (CPL) benefits related to leave dates on or after January 1, 2022.  If an employee submits a CPL benefits claim, the employee is responsible for providing an Employment Verification form to the employer.  The employer then must complete and return the form within 10 days by email or fax to the Paid Leave Authority’s claims administrator, Aflac.  Once employees have submitted all required documentation, they will be notified within 5 days of the disposition of their claim. It is anticipated that employers will be notified at the same time by the method selected on the Employment Verification form (email or U.S. mail).

Connecticut FMLA Changes

Effective January 1, the existing CT FMLA will change dramatically.  Many employers who previously were not covered by the law will now be diving into leave administration.  The Connecticut Department of Labor regulations regarding these changes are pending.  Once released, they will be subject to a 30-day comment period before becoming final. Per the amended CT FMLA statute, the regulations are due to be adopted by January 1, 2022.

Things to Consider Now 

  • As soon as possible, finalize any remaining decisions about how employer-paid benefits will interact with Connecticut Paid Leave benefits. Communicate these decisions to employees, including any requirement that an employee apply for Paid Leave in order to access company-provided paid benefits for a covered reason.

  • Consider waiting to roll out new or updated CT FMLA policies and forms until the CT DOL regulations are finalized.  In the interim, employers should communicate changes to the law, explain leave entitlements to employees seeking leave after January 1, and make modifications as needed to current forms and communications.

  • Consider any steps needed to appropriately track CT FMLA and Federal FMLA (if applicable).  For now, we recommend tracking the two “extra” weeks available under CT FMLA for an incapacity during a pregnancy separately from the general 12-week CT FMLA entitlement. Employers are not required to track Paid Leave usage, but may wish to do so.

  • Identify the individual to whom employees must direct Employment Verification forms and advise when they have applied for leave and been approved for benefits.

  • Employers will need to carefully consider how to handle current continuous CT FMLA leaves that run from 2021 into 2022.

Jackson Lewis P.C. © 2022National Law Review, Volume XI, Number 361
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About this Author

Sally Welch St. Onge, Jackson Lewis, preventive counseling attorney, EEOC law, employment litigation lawyer, performance management legal counsel
Associate

Sally Welch St. Onge is an Associate in the Hartford, Connecticut, office of Jackson Lewis P.C. Her practice is focused on employment litigation and preventive counseling.

Ms. St. Onge defends employers in state and federal court and before administrative agencies such as the Equal Employment Opportunity Commission and the Commission on Human Rights and Opportunities against claims of discrimination, harassment, and retaliation. In addition, Ms. St. Onge also advises management on various topics, including performance...

860-522-0404
Tanya Bovee, employment law compliance attorney, employment lawyer, disability accommodation, Jackson Lewis, Hartford law firm
Office Managing Principal

Tanya A. Bovée is the Office Managing Principal of the Hartford, Connecticut, office of Jackson Lewis P.C.

Ms. Bovée routinely advises and provides management training on all aspects of employment law compliance, employment disputes and personnel matters such as hiring, firing, performance management, internal investigations, and disability accommodation. She also has an active litigation practice, defending employers from federal and state claims. Ms. Bovée also defends employers in OFCCP compliance reviews and oversees...

860-522-0404
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