Connecticut Paid Family and Medical Leave - Legislative Guidance

Table of Contents

Overview

Connecticut Paid Family and Medical Leave(CTPFML) also known as Connecticut Paid Leave provides eligible employees with income replacement for up to 12 weeks in a 12-month period to care for the employee’s own health condition, bonding, a family health condition, organ or bone marrow donation, or qualifying exigency. Pregnancy complications allow up to 14 weeks of benefit. Safe leave situations allow up to 12 days of benefit.

CTPFML is a state-administered program that is funded through employee contributions. Connecticut has chosen to use a third-party administer to render decisions on claims and handle the claim intake process, unless the employer has an approved equivalent plan. While almost all Connecticut employers must participate in the CTPFML program, they have the option to offer an equivalent plan. Equivalent plans must provide equal or greater benefits than the state program and must be approved by The Paid Family and Medical Leave Authority (The Authority).

AbsenceSoft Policies

CTPFML is configured in AbsenceSoft with the policy code and naming below:

• Connecticut Paid Family and Medical Leave CT-PFML

Legislation codes and statues

The information presented in the guidance relates to the following legislative codes, links to the specific legislation can be found within the ‘Resources’ section of this document.

• Connecticut General Statues Chapter 557, section 31-49e to 31-51 (Conn. Gen. Stat. § 31-49e to §31-51).

Employer Coverage

Employs one or more employees in Connecticut, including most state public employers.

Exclusions¹ :

• Municipal employers may opt-in to the program

• Regional board of education may opt-in to the program

• Federal government employees

• Nonpublic elementary or secondary schools

• Railroad workers

• Organizations exempt from state tax

• Tribal governments may opt-in

• Self-employed may opt-in

Employee Eligibility

An employee must do work in Connecticut, earn a certain amount of wages from a covered employer, within a set number of quarters, known as a base period. Employees should also be employed with any Connecticut employer for at least 12 weeks prior to the leave event.

Qualifying Absence Reasons and Leave Duration

Entitlements are noted below, with an overall maximum entitlement of 12 weeks unless pregnancy complications in a 12 month period. :

• Employees are entitled to 12 workweeks of leave in a 12-month measurement period for bonding, care of a family member, an employee’s serious health condition or qualifying exigency.

• Pregnancy allows for up to 14 workweeks of leave for pregnancy complications, prenatal care or any serious or non-serious health condition that occurs during the pregnancy.

• Safe leave allows for up to 12 workdays of leave in a 12-month measurement period.

• Qualifying exigency allows for up to 12 weeks in a 12-month measurement period, however certain exigency events are limited. Short-notice deployment preparation is limited to 7 calendar days that must be used prior to the start date of deployment, and 15 calendar days for rest and recouperation events that must be used from the start of the rest and recoup period.

Family Leave

• Adoption/Foster Care: Care for and bond with a child during the first year after placement through adoption or foster care.

• Bonding: Care for and bond with a new child during the first year after birth.

• Family Health Condition: Care for a family member with a serious health condition.

• Care of injured Servicemember: serious health condition arising out of an injury or impairment that occurred while a service member was deployed. The injury doesn’t have to be current but can be reaggravated.

Medical Care

• Employee Health Condition: Care for the employee’s own serious health condition.

• Pregnancy/Maternity: Pregnancy disability, prenatal care, and/or pregnancy complications.

• Organ Donor: an employee who donates an organ.

• Marrow Donor: an employee who donates bone marrow.

Military

• Qualifying Exigency: Employee is attending to matters resulting from the service member’s active duty deployment in a federal or state branch of the U.S. Military. Factors include financial, legal or childcare planning, counseling services, military events/ceremonies, visitation during rest and recuperation, or addressing items related to the servicemember’s parent.

Safe Leave/Domestic Violence

• Safe Leave/Domestic Violence: relocate, obtain victim services, attend civil or criminal proceedings associated with family violence or sexual assault, or any incident resulting in physical harm or the threat of physical harm.

Qualifying Family Member

Bonding/Family Health Conditions:

• Spouse

• Sibling

• Child (any age, grandchild, stepchild, adopted child, foster child, in loco parentis)

• Parent (including in-laws, step parents, adopted or foster parents, in loco parentis)

• Grandparent

• Any individual related by blood

• Any individual who the employee deems has a close relationship that could be considered a family member

Qualifying Exigency/Care of Servicemember:

• Child (of any age)

• Spouse

• Parent

• Next of Kin(applies only to care of servicemember)¹*

Safe Leave:

• Employee/Self

How Leave Can be Taken

Employees may take leave consecutively, intermittently, or reduced schedule for any qualifying reason.

• Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason.

• Intermittent leave: Leave taken in separate, sometimes unpredictable, blocks of time (either hours, days or weeks) between the start and end dates of leave.

• Reduced schedule: A reduction to the employees’ work schedule that results in either fewer hours per day or fewer days per week. A reduced schedule is consistent from one week to the next.

Certification Requirements

An employee must file a claim with the approved third party administrator(TPA), after which, the TPA will provide necessary forms and documents needed to approve payment of benefits. The information the state may require are listed on the Connecticut Paid Leave website and may include verification of employment, proof of identity, and/or certification or supporting documentation depending on the leave need.

Pay and Benefits

Where state pay benefits are involved with other law interactions, such as state mandated sick pay, employers will want to consider where PTO/sick pay/employer pay benefit application should occur. There is no waiting period requirement for benefits.

Amount of Pay

CTPFML pays a weekly benefit amount that is determined by computing the employee’s average weekly wage by a multiplier of the state’s minimum wage. Benefits are calculated on a sliding scale, with lower-income employees generally receiving more of their usual wages compared to higher-income employees. Minimum and maximum weekly benefit amounts are based on how far above the individual’s wages are compared to the Connecticut state minimum wage. The benefit rate maximum is capped at 60 times the state’s minimum wage.

Use of Paid Time Off (PTO)

An employer may require use of accrued benefits to top-off the state pay benefits so long as the top off does not exceed 100% of their wages from all sources, and the employee must be able to retain at least 2 weeks of accrued benefits. An employee must decide if they do not wish to retain the 2 weeks of accrued benefits.

If an employer has an employer provided benefit such as short-term disability or parental leave policy that covers the employee’s full wages, The Authority will need to be notified as the state will not make payments if the employee is receiving full wage replacement from their employer.

Employers will be notified when an employee files a claim and will need to respond with usage of any employer provided pay while receiving CTPFML.

Job Protection

CTPFML does not provide job protection.

Other Protections

CTPFML does provide protection against retaliation for requesting CTPFML or receiving CTPFML benefits.

Benefits

CTPFML does not provide employer benefit protections.

Interaction with Other Laws

Where an employee meets the definition of family member, qualifying absence reason, or serious health condition, the state and federal laws may interact. Accommodations that are not leave related, would not run concurrently with other state or federal leave laws.  

Family and Medical Leave Act (FMLA)

CTPFML may run concurrently with FMLA.

Connecticut Family and Medical Leave (CTFML)

CTPFML may run concurrently with CTFML.

Connecticut Victims of Family Violence (CTDOM)

CTPFML may run concurrently with CTDOM.

Connecticut Crime Victim Leave(CTCVL)

CTPFML may run concurrently with CTCVL.

Workers Compensation

CTPFML may not run concurrently with Worker’s Compensation wage replacement benefits.

Unemployment

CTPFML may not run concurrently with any state or federal unemployment wage replacement programs.

Employee and Employer Responsibilities

Employee Responsibilities

• Notify employer of filing;

• Submit a claim through the state website;

• Complete any items requested by the state and return to the state

• Determine use of employer provided PTO

• Contact the state for any changes/extensions to leave, appeal filings for denials, intermittent leave date benefit application, or benefit overpayments; and

• Follow employer policies and procedures for time off reporting.

Employer Responsibilities

• Post model notice at worksites or electronically which should include:

  • Provisions of the act/entitlement to receive benefits

  • How to file a complaint or violation

  • Retaliation protections

  • Be posted even though there are no employees who may be eligible

  • Notice must be presented at time of hire and annually to each employee which may be available to employees within handbooks or other leave guidance given to employees

• Register/create account for CTPFML;

• Withhold and send employee contributions;

• Maintain payroll records, such as top off amounts, and payroll notices to employees on contribution amounts;

• Respond to inquiries from the state; and

• Review the state’s decision to accurately track their entitlement usage in AbsenceSoft;

Resources

Connecticut Paid Leave website:
https://www.ctpaidleave.org/?language=en_US

Connecticut Legislation:

https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-49e

¹Conn. Gen. Stat. § 31-51qq-(4) and https://www.ctpaidleave.org/how-ct-paid-leave-works/coverage-and-eligibility

* This applies only to Care of Servicemember