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08 Dec

December 2021: Connecticut Department of Labor Releases Guidance for Amendments to the FMLA Starting in 2022

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Update Applicable to:
All employers in the state of Connecticut.

What happened?
The Connecticut Department of Labor (CTDOL) issued nonbinding guidance on amendments to the Connecticut Family and Medical Leave Act (CTFMLA) that will become effective January 1, 2022.

What are the details?
Going into effect on January 1, 2022, employees will be entitled to 12 weeks of unpaid job-protected leave in a 12-month period—including leave that began in 2021, before the effective date of the amendments. This is in contrast to the 16 weeks of leave under the CTFMLA currently available to employees during a 24-month period, or at least until January 1, 2022.

The CTDOL has released its guidance on how employers should assess leaves that cross from 2021 to 2022.

According to the Guidance “If CTFMLA leave prior to January 2022, the duration of CTFMLA leave would be capped at 12 weeks in the applicable 12-month period as of January 1, 2022, even if were approved for, and commenced, 16 weeks of CTFMLA leave in 2021.”

Based on the Connecticut DOL’s position, for a continuous leave that runs into 2022, an employer will need to view leave status as of January 1, 2022, under the new law and based on the measuring period the company uses (rolling lookback period, calendar year, or other methods).

For more information, please see the links below:

Connecticut Department of Labor Guidance

Connecticut PFMLA Website

Article 1Article 2

What do employers need to do?
Employers should review the links above, revise any current CTFMLA policies to reflect all new amendments, and make any necessary adjustments to internal leave tracking systems.

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