August 2022: Connecticut Adds CT FMLA Notice Requirements

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

What happened?
On July 29, 2022, the Connecticut Department of Labor (CT DOL) approved adopted new family and medical leave (CT FMLA) regulations. While the updated regulations primarily incorporate the changes to the law that took effect on January 1, 2022, they also create new notice requirements, described below.

What are the details?
According to the CT DOL website, the regulations will be retroactive to January 1, 2022. If an employee took CT FMLA leave on January 1, 2022, we recommend providing the notices. You can review the regulations here.

CT FMLA is distinct from CT paid family and medical leave, although the two will often run concurrently.

General Notice
Employers must provide employees written notice of their rights and obligations under CT FMLA upon hire. This notice can be distributed electronically, and the CT DOL provides a sample notice here.

Eligibility and Rights and Responsibilities Notice
Employers must provide an employee with a written notice regarding their eligibility and their rights and responsibilities. This must be provided within five business days of when the employee requests.

CT FMLA leaves or when the employer has enough information to know that the employee’s leave might be for a qualifying reason under CT FMLA. The CT DOL has provided a template form here.

Designation Notice
Employers must also provide an employee with written notice of whether a leave will be designated as CT FMLA leave within five business days of knowing whether the leave qualifies. The CT DOL has provided a template form here.

If 10 percent or more of an employer’s workforce can’t read English, employers must provide the notices in a language the employee can read, as required by the regulations.

For more information, please see the links below:

Regulation

CT FMLA Notice

Designation Notice Template

What do employers need to do?
Employers should review the links provided above, add the FMLA notice to their new-hire paperwork and revise their leave administration process to ensure that they provide the Eligibility Notice and Designation Notice to employees within the required timeframes.