Understanding Federal and Connecticut FMLA Protections
The federal Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for certain qualifying reasons, such as the birth or adoption of a child, caring for a family member with a serious health condition, or dealing with one’s own serious health issues. During this time, employers must maintain group health insurance coverage and must restore the employee to the same or a comparable job upon their return.
In Connecticut, workers benefit from an additional layer of protection under the Connecticut Family and Medical Leave Act (CT FMLA), which was significantly expanded in 2022. Unlike the federal law, which applies only to employers with 50 or more employees within a 75-mile radius, CT FMLA applies to nearly all employers with at least one employee. It also broadens employee eligibility by eliminating the 1,250-hour work requirement; instead, an employee is eligible once they have earned $2,325 in wages in the highest-earning quarter of the past four quarters.
Connecticut also operates a separate program, the Connecticut Paid Leave (CTPL) program, which provides income replacement during qualifying leave. While CTPL is a financial benefit and not a job protection program, it often works in tandem with CT FMLA and federal FMLA, offering both monetary support and employment security during leave.
Can You Be Laid Off While on Protected Leave in Connecticut?
Although both federal and Connecticut law prohibit employers from retaliating against employees who take protected leave, neither law grants absolute immunity from layoffs or business closures. Employers may still lay off an employee who is on FMLA or CT FMLA leave if the layoff would have happened regardless of the leave. For example, if the company is undergoing a legitimate reorganization, closing a department, or conducting a reduction in force based on financial hardship, the layoff may be lawful.
However, employers are prohibited from using an employee’s leave status as a factor in their decision to terminate. If the employer cites the leave itself, or the inconvenience of accommodating that leave, as a justification for the termination, it may constitute unlawful retaliation. In such cases, the employer may be required to demonstrate that the employee would have been laid off even if they had never taken leave.
Additional Protections Under Connecticut Law
Connecticut law enhances federal protections by covering more workers and mandating that employers continue group health benefits throughout the leave period. The CT FMLA and Paid Leave programs also include anti-retaliation provisions that protect employees from adverse actions, including termination, demotion, or denial of benefits, simply because they exercised their right to take leave. Employers are also required to notify employees of their rights and provide written documentation when leave is approved or denied.
What to Do If You Are Laid Off While on Leave
If you are laid off while on leave, begin by requesting a written explanation of your termination. Review your employment history, performance reviews, and any emails or communications that could provide context. If your termination appears inconsistent with how others were treated, or if there’s evidence that your leave was treated as a burden, you may have a claim under FMLA or state law. Romano Law can help evaluate the facts, advise you of your rights, and pursue remedies including reinstatement, lost wages, or damages.
Know Your Rights in Connecticut
Connecticut offers some of the strongest family leave protections in the nation. While job-protected leave under CT FMLA or federal FMLA does not make you immune to layoffs, your employer may need to demonstrate that the decision was unrelated to your protected leave. If there’s any indication that your termination was influenced by your decision to take time off, contact Romano Law.
Contributions to this blog by Kennedy McKinney.