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CT Paid Leave (CTPL)
CT Paid Leave is a law that provides covered workers with income replacement benefits when they are out of work for certain qualifying family or health reasons, provided they meet specific eligibility requirements. CT Paid Leave does NOT provide job protected leave, which is the right to return to your same job, or an equivalent one, when your leave ends.
Family and Medical Leave Acts (FMLA)
The Family and Medical Leave Acts are laws that ensure that an employer returns an eligible worker who takes time away from their job for a qualifying reason to their same job, or an equivalent one, when they return from their leave. There is a federal FMLA and Connecticut FMLA. A worker must apply directly to their employer for job protected leave under one or both laws.
Core Differences Between Laws
While a worker will apply directly to the CT Paid Leave Authority for income replacement benefits during their leave, they need to apply to their employer if they wish to have job protected leave under FMLA. Without FMLA, there is no guarantee that the worker will be able to return to their job when their leave ends.
| CT Paid Leave | CT FMLA | Federal FMLA | |
|---|---|---|---|
| Protects Your Job |
|
|
|
| Provides Income Replacement |
|
|
|
Applying for CT Paid Leave is not the same thing as applying for FMLA.
Is My Employer Covered Under FMLA?
Covered Under Federal FMLA
- Employers who have 50 or more employees within a 75-mile radius
-
Governmental entities of any size, including:
- Federal government
- State agencies
- Towns
- Schools
- Railroads
- Governments of other states
Covered Under CT FMLA
- Almost all employers who have 1 or more people working in CT
-
The State of Connecticut, as to all State employees
NOT Covered Under CT FMLA
- Federal government
- Municipalities
- Local or regional boards of education
- Non-public elementary or secondary schools
- Railroads
- Governments of other states
- Other sovereign nations
When is an Employee Eligible for Leave Under FMLA?
Federal FMLA
They have been employed by the company for at least 12 months.– AND –
They have worked at least 1,250 hours in the 12 months immediately preceding the leave.
CT FMLA
They have been employed by the company for at least the 3 months immediately preceding the leave.
No hours worked requirement.
The employer makes these eligibility determinations.
Important
Important
If you need assistance in understanding federal or state FMLA benefits and job protected leave information, please contact your Human Resources department, the CT Department of Labor, or the Federal Department of Labor.
Questions About CT FMLA?
CT Department of LaborQuestions About Federal FMLA?
Federal Department of LaborFrequently Asked Questions
What if an employer cannot approve leave at the time the employee requests to take it because they don't have anyone to replace them?
Employers may not deny leave because they do not have an employee to replace them. If the employee is eligible for job-protected leave and has a qualifying reason, the employer must approve the leave request.
Can my employer request medical documentation? Will this be the same as under FMLA and CT Paid Leave laws?
An employee who is seeking job-protected leave under the CT FMLA and/or federal FMLA must apply to their employer and provide all required documentation, including medical certification, if applicable. An individual who is seeking income replacement benefits under the CT Paid Leave Program must apply to the CT Paid Leave Authority and provide all required documentation, including medical certification, if applicable. The CT Paid Leave Authority will not share the medical records it receives with the employer.
Can an employee be required to use their accrued paid time off (PTO) concurrently with CT Paid Leave?
An employer may require their employees (or may allow their employees to choose) to use their accrued paid time off concurrently with CT Paid Leave, provided that the total compensation received by the employee does not exceed the employee's regular rate of compensation. The CT FMLA statute also states that an employer may require an employee to use accrued PTO while they are out of work on CT FMLA leave (whether or not the employee seeks benefits from the CT Paid Leave Authority) provided that the employer must allow the employee to retain at least two work weeks of accrued PTO or equivalent paid time off.
What if a person is covered under CT Paid Leave, but not under FMLA?
Unlike FMLA, CT Paid Leave does not offer job protection. CT Paid Leave is an income replacement benefit only. If a worker is not eligible for job-protected leave under CT FMLA or federal FMLA, the employer must analyze whether the worker is entitled to job-protected leave under any other statutes (like the Americans with Disabilities Act, the Pregnancy Discrimination Act or the CT Fair Employment Practices Act) or other company policies. Even if the worker is not entitled to job-protected leave, and, as a result, loses their job, they may be eligible for income-replacement benefits under CT Paid Leave.
