Connecticut Department of Labor publishes employer notice prototypes
Starting July 1, 2022, Connecticut employers are required by the Connecticut Department of Labor to provide their employees with written notice that will describe the job-protected leaves and benefits available to them under the Connecticut Family and Medical Leave Act (CT FMLA) and the Connecticut Paid Leave Program. This notice is required at the time of hiring and annually thereafter.
In an effort to provide guidance to employers, the Connecticut Paid Leave Authority drafted and published a prototype of the Employer Notice. A PDF copy of the prototype notice can be downloaded from Connecticut Department of Labor’s website, here. Employers are not required to provide their employees with this exact prototype notice, but if an employer opts to draft their own notice, it should reflect the same information. Specifically, the notice must include the following information:
- the entitlement to CT FMLA and the terms under which such leave may be used;
- the entitlement to the Connecticut Leave from Employment for Victims of Family Violence and the terms under which such leave may be used;
- the opportunity to file a claim for compensation under the CT Paid Leave Program;
- that retaliation by the employer is prohibited against the employee for requesting, applying for, or using family and medical leave for which the employee is eligible; and
- that the employee has a right to file a complaint with the Labor Commissioner for any violation of the employee’s rights under the related statutes.
Similarly, pending regulations being considered would modify the CT FMLA, requiring employers to provide an Eligibility Notice within five business days of an employee requesting CT FMLA leave or of learning that an employee intends to take CT FMLA-qualifying leave. The Eligibility Notice must include whether the employee is eligible for CT FMLA leave, and if not, a reason as to why the employee is not eligible, including the number of months the employee has been employed by the employer. Further, notice to the employee should include the employee’s right to substitute paid leave, whether the employer requires the substitution of paid leave, the conditions relating to any substitution, the employee’s right to choose to retain up to two weeks of accrued paid leave, and the employee’s entitlement to take unpaid CT FMLA leave if the employee does not meet the conditions for paid leave. A PDF copy of the prototype notice is available from the Connecticut Department of Labor’s website, here.
Additional resources for Connecticut employers can be found at the Connecticut Department of Labor’s website and the Connecticut Paid Leave Authority website – scroll to the bottom of the page and click the “For Employees” page.
What Guardian is doing
Guardian’s Client Services will be reaching out to our clients with Connecticut employee populations to make sure they are aware of the new notice requirements. If you are looking for assistance managing leave of absence or accommodations or to ensure compliance across your organization, Guardian has solutions for you. Review our offerings here.