Connecticut enacted the Paid Family and Medical Leave Act in 2019, which entitles eligible Connecticut employees to paid family leave.
The Paid Family and Medical Leave Act (CT PFMLA) amended the previously existing Connecticut Family and Medical Leave Act (CT FMLA) and established the CT Paid Leave Authority to provide income-replacement benefits for eligible employees who take leave under the CT FMLA.
Among the changes made by the new law is a notice requirement that went into effect on July 1. The law requires employers to provide a written notice to employees at the time of hiring and annually thereafter. The notice must advise employees of:
- the entitlement to family and medical leave and the terms under which such leave may be used.
- the opportunity to file a claim for compensation under the paid leave program.
- the fact that retaliation against employees for requesting, applying for, or using family and medical leave for which the employee is eligible is prohibited.
- that employees have a right to file a complaint with the Labor Commissioner for any violation of the law.
The Connecticut Department of Labor recently released a sample notice, which employers can use to comply with the notice requirements. As an alternative, employers are permitted to prepare their own notice, assuming such employer-prepared notice meets all of the requirements provided in Conn. Gen. Stat. Sec.31-49q as outlined above.
Employers that have not yet complied with the notice requirements should take steps do so promptly. Employers must provide the notice to all existing employees on an annual basis, starting July 1, and to all new hires at the time of hire.
While CT FMLA permits notice to be distributed by inclusion in a handbook or electronic posting, the CT PFMLA appears to require individual distribution of the notice. However, neither the Connecticut Department of Labor, nor the CT Paid Leave Authority, has published interpretive guidance on this issue.
Lindsay M. Rinehart is an attorney with Littler in New Haven, Conn. © 2022. All rights reserved. Reprinted with permission.
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