Labor and Public Employees Committee
Public Safety and Security Committee
AN ACT CONCERNING UPDATES TO THE FAMILY AND MEDICAL LEAVE ACT
SUMMARY: This act permits an employee to take unpaid family and medical leave (FML) to care for an immediate family member or next of kin who is a current member of the U. S. military, National Guard, or the reserves with a serious illness or injury received in the line of duty. The employee may take up to 26 weeks of unpaid leave if the family member is:
1. undergoing medical treatment, recuperation, or therapy;
2. otherwise in outpatient status; or
3. on the temporary disability retired list for a serious injury or illness.
The act provides for 26 weeks of leave over a 12-month period under the private-sector FML law and 26 weeks of leave over a two-year period under the state-employee law. Under both private and state employee provisions, the employee's leave is permitted for a related armed forces member per serious injury or illness incurred in the line of duty. Under the private-sector law, the 12-month period begins on the first day of military caregiver leave.
The act incorporates the new military caregiver leave into existing provisions of FML laws for private sector and state employees regarding written certification of medical need, intermittent leave, and other items.
The act specifies that leave taken pursuant to private-sector FML does not run concurrently with a transfer to “light duty” work in lieu of regular work duties under the Workers' Compensation Act.
EFFECTIVE DATE: Upon passage
MILITARY CAREGIVER LEAVE
Eligibility and Definitions
The act sets conditions under which a spouse, son or daughter, parent, or next of kin may take unpaid military caregiver leave under state FML law. It allows them to do so if the immediate family member or next of kin is a member of the Army, Navy, Marine Corps, Coast Guard, and Air Force and any reserve component, including the Connecticut National Guard performing duty as provided under federal law (CGS § 27-103).
It also defines “son or daughter” as a biological, adopted, foster child, stepchild, legal ward, or a child for whom the eligible employee or armed forces member stood in loco parentis and who is any age.
It defines “next of kin” as the service member's nearest blood relative, other than his or her spouse, parent, or child, in the following order of priority:
1. blood relatives who have been granted legal custody of the service member by court decree or statutory provisions,
2. siblings,
3. grandparents,
4. aunts and uncles, and
5. first cousins.
If the service member has designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave, then the designated individual must be deemed the member's next of kin.
Job Protection for Military Leave Caregivers
As with employees taking leave under the existing family and medical leave laws, the act requires the employer to restore the military caregiver to his or her previous position or an equivalent one.
Conditions or Requirements for Military Caregiver Leave
Private-Sector FML Changes. Military caregivers are treated, for the most part, like other employees taking unpaid leave under the existing private-sector FML. This means:
1. an eligible employee may elect or eligible employer may require the employee to substitute any accrued paid vacation leave, personal leave, or family leave for any part of the 26-week unpaid leave available to care for a service member;
2. when medical treatment is planned and foreseeable, the employee must make reasonable efforts to schedule treatment so as not to unduly disrupt the employer's operations;
3. when both spouses are eligible for leave and work for the same employer, the leave is limited to an aggregate of 26 weeks during any 12-month period;
4. the employer may require a certification issued from the service member's health care provider and the employee must provide this to the employer in a timely manner;
5. intermittent leave or leave on a reduced schedule is allowed and requires, as part of the certification, a statement that the employee's intermittent leave is necessary to care for the service member;
6. an employer may assign an employee on intermittent leave or reduced schedule to a job of equal pay and benefits that better accommodates the recurring periods of leave; and
7. the intermittent leave or leave on a reduced schedule certification must include the expected leave duration and the schedule of the intermittent leave or reduced schedule.
State Employee FML Changes. The following provisions are part of the existing state employee FML and the act makes them part of the state employee military caregiver leave. It:
1. requires prior written certification for the leave from the service member's physician, including the probable leave duration, and
2. requires the employee taking leave, before leave begins, to sign a statement of the employee's intent to return to work.
BACKGROUND
Interaction with Federal FML Law
Under federal law, if an employee meets the qualifications of both the state and the federal FML acts, the employer is obligated to provide the more generous of the two benefits.
The National Defense Authorization Act for FY 2008 (Public Law 110-181) amended the federal FML act to allow eligible employees to take up to 26 weeks of job-protected leave in a single 12-month period to care for a covered service member with a serious injury or ailment. This law covers both the private and public sectors.
OLR Tracking: JM: JR: JL: TS