Customary with managing a business in Connecticut is understanding the local labor laws that affect how you manage your business and your workforce, with CT FMLA being no exception. Considering Connecticut employers must adhere to both CT FMLA leave and federal FMLA leave concurrently, proving to be a complex task requiring dual compliance management.
If you’re operating a business in Connecticut, here’s what you need to know regarding eligibility between federal vs CT FMLA leave.
Understanding Federal FMLA
The Family and Medical Leave Act (FMLA) was signed into law on February 5, 1993, granting employees the ability to take temporary, job-protected leave under certain conditions.
Federal FMLA Eligibility Requirements
The following includes the list of covered employers that are required to provide employees with up to 12 weeks of unpaid FMLA leave nationwide:
- Public agencies
- Public and private elementary and secondary schools
- Federal government
- Private sector companies with 50 or more employees
Additionally, employees may qualify for FMLA leave if they meet all of the following criteria:
- For at least 12 months
- For at least 1,250 hours over the past 12 months
- At a company with 50 or more employees within 75 miles
Understanding CT FMLA
Common with other state-specific FMLA laws, CT FMLA’s core difference is broadening the eligibility scope to include more private sector employers in the state. Employees must apply for CT FMLA leave with their employer, as is the case for federal FMLA leave.
CT FMLA Eligibility Requirements
As mentioned above, CT FMLA expands the list of covered employers that are required to provide employees with unpaid leave, which includes:
- Nearly all employers with at least 1 or more employee working in Connecticut
- All Connecticut state employees
- Certified public school staff are not covered under CT FMLA
Additionally, employees who are exempt from FMLA leave may still be eligible if they have worked with their employer for at least 3 months. Employees can begin taking CT FMLA leave as soon as 3 months of employment have passed. Employees are not required to have a certain number of hours worked to take CT FMLA leave.
Key Differences Between Federal and CT FMLA Eligibility
While both laws have similar legislation and even eligibility coverage, there are still key differences between the two that all Connecticut employers must be aware of.
FMLA Vs CT FMLA Eligibility Coverage Differences |
||
Category |
Federal FMLA |
CT FMLA |
| Employer Coverage Threshold | 50+ Employees within a 75-Mile radius | 1+ Employees Working in Connecticut |
| Exempt Industries | None | Federal Government, Municipalities, Railroads, Non-Certified Public School Employees |
| Notice Requirements | General Notice Eligibility Notice Rights & Responsibilities Notice |
All federal FMLA notices & the Notice of Eligibility and Rights and Responsibilities for CT FMLA |
| Recordkeeping Requirements | Kept for at least 3 years | Kept for at least 3 years |
What If an Employer is Covered by Both Federal and CT FMLA?
In many cases, there are employees who can be eligible for both federal and CT FMLA leave, which can complicate the leave administration process. However, all Connecticut employers must understand that the CT FMLA law runs concurrently with the federal law, with all covered employers required to offer the state-level FMLA leave at a minimum. This means that any employee eligible to take leave under either law, the time taken will count towards both. This prevents employees from doubling up on the amount of leave they take. Employers cannot decide to run both leaves separately; they must be concurrent.
For example, if you were an employee in Connecticut taking 2 weeks of FMLA leave, whether you applied for federal or state leave with your employer, those 2 weeks will count towards the total weeks entitled under both laws, leaving you with 10 weeks of either federal or state leave left for the year.
It’s important to keep up with the most recent information regarding both federal and state FMLA leave and eligibility. Businesses with an HR Consulting service can ensure that employers are not only well aware of whether they are covered by the laws, but also receive up-to-date posters and notifications to ensure complete compliance with state and federal laws.
Final Thoughts on Determining Federal Vs CT FMLA Eligibility
Despite many overlapping rules and regulations, employers must be able to navigate, comply with, and track FMLA leave effectively. However, it's critical to understand which law covers which employers and employees before managing and administering FMLA leave.
Modern HR software helps with tracking, monitoring, and organizing employee leave to help reduce the confusion with concurrent leave laws while ensuring your policies are inclusive of the requirements from both. For Connecticut employers, it's especially key to utilize a solution that’s able to manage concurrent leave through both laws and organize eligibility with the broader state rules in mind.
If your company needs additional guidance on FMLA compliance and eligibility requirements, contact us today to receive expert assistance.
