Transitional Guidance Issued on Connecticut Family and Medical Leave Act Changes

The state Department of Labor recently provided guidance regarding amendments to the Connecticut Family and Medical Leave Act (CT FMLA) scheduled to take effect on January 1, 2022. Specifically, the release is designed to assist employers with administering leave during the transitional period from 2021 to 2022.

Under the current CT FMLA provisions, eligible employees are entitled to 16 weeks of leave in a 24-month period. Effective January 1, 2022, employees will be entitled to 12 weeks of leave in a 12-month period. Employees incapacitated by a serious health condition due to pregnancy may be entitled to an additional 2 weeks of leave.

According to the new guidance, if an employee commences leave in 2021, the duration of their leave as of January 1, 2022, would be limited to 12 weeks in the applicable 12-month measurement period that the employer uses (e.g., calendar year, rolling lookback or other method). This would be the case even if the employee was approved for and had already commenced 16 weeks of leave in 2021. Therefore, in 2022, the employer can look back over the applicable 12-month period to see if the employee has used any leave to determine if they have time available.  Examples are provided for each of the four methods that may be used for calculating the 12-month period.

Employers should be aware of this update. However, the guidance does not have the binding force of regulations, which are anticipated to be released later this year. Accordingly, it is advisable for employers to consult with counsel for assistance regarding leave administration during this transition period, and any related updates to employee communications and leave policies.

Guidance concerning the transition to the new FMLA law on 1/1/22 when an employee has an already approved FMLA leave »