CT Paid Paternal Family Leave

Submitted by Sum_Mo t3_11t3jk4 in Connecticut

Have a few questions regarding the FMLA/ Paid Leave.

I met with HR and they explained to me since I've only been at this company for 7 months, I don't qualify for FMLA - which would protect me from losing my job due to extended leave (?).

I do, however, qualify for the paid leave but that is dependent on me being an active employee. They said because I don't qualify for FMLA, they could fill my position at any time and I would lose any financial assistance from the paid leave because I would no longer be an employee.

I was under the impression that from a legal standpoint, my job would not be at risk because of an extended leave due to parental bonding.

Any tips, information would really help. This is my first child and I am requesting 10 weeks. They Essentially want me to take a week off PTO and come back to work.

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Mekhitar t1_jch28o3 wrote

This site might be helpful for you:

https://paidfamilyleavect.org/faq/

Is my job protected while I am out on paid family and medical leave?

Yes. Under changes to Connecticut’s Family and Medical Leave Act (FMLA), you are eligible for job protection (regardless of the size of your employer) after working at your employer for 3 months.

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hartford_cs93 t1_jche34k wrote

Yes, this is the correct answer, see CGS Sec. 31-51kk(1):

> “Eligible employee” means an employee who has been employed for at least three months immediately preceding his or her request for leave by the employer with respect to whom leave is requested;

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Sum_Mo OP t1_jchqys0 wrote

Thank you, this is what I've been looking for. Does this extend to any state?

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hartford_cs93 t1_jci63u6 wrote

CGS = Connecticut General Statutes

So this law that I cited only pertains to Connecticut.

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BobbyRobertson t1_jch0jdv wrote

I think your HR is confusing Federal FMLA laws with Connecticut's Paid Leave program. The latter both protects your job and pays you. You only have to meet the worked-income eligibility requirement have worked for a covered employer anytime in the last 12 weeks

https://ctpaidleave.org/s/employee-landing-page

>Covered employees in Connecticut are eligible for benefits under the CT Paid Leave program if:

>- they have earned wages from a covered employer of at least $2,325 in the highest quarter of the first four of the five most recently completed quarters;

> and they are either:

>- currently employed by a covered employer,

>- or have been employed by a covered employer within the last 12 weeks,

>- or a self-employed person or a sole proprietor who is a Connecticut resident and has enrolled in the program.

They should be looking for guidance around CTPL, not FMLA

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Sad_Rabbit_50 t1_jchlvgn wrote

CTPL does not protect your job - from the FAQ

IS MY JOB PROTECTED IF I UTILIZE THE CONNECTICUT PAID LEAVE PROGRAM?

The CT Paid Leave Authority only offers payment for people who take leave for qualifying events, but does not offer job protection to employees taking leave. Only employers can determine, in communication with the employee, whether the leave taken is subject to job protection under state or federal leave laws.

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Financial-Tough-250 t1_jchoxc5 wrote

But the CT family leave law may protect their job. Separate from the law about CT Paid Leave program.

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Sum_Mo OP t1_jchrmap wrote

Is the CTFMLA and FMLA two different things?

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Financial-Tough-250 t1_jchsa3m wrote

From my reading of it your job should be protected if you have worked the three consecutive months for the company. HR doesn’t know what they are talking about. And if they were to try and fire you if you meet all the eligibility you could sue and possibly get $$

https://portal.ct.gov/DOLUI/FMLA-FAQs

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Sum_Mo OP t1_jchrgjg wrote

I called CTPL today, who I'm doing the claim through. They said the same thing HR was saying, that CTPL is only supplementary income and NOT job protection. That even though it is contradictory, my employer has the right to end my employment essentially stopping any sort of supplementary income, at their discretion. I am getting so much conflicting information, I really don't know what to believe.

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LordConnecticut t1_jci41jo wrote

Two separate acts essentially combine for income replacement and job protection. CTPL is for income replacement, and CTFMLA for job protection (and unpaid leave entitlement). To my knowledge you can use both concurrently. I would reach out to DOL to get info on the latter.

https://portal.ct.gov/DOLUI/FMLA-FAQs

The important section:

Pay While on Leave

Q9. Is my employer required to pay me when I take CTFMLA leave? Generally, CTFMLA leave is unpaid. However, an employee’s accrued, paid leave time with the employer, such as vacation, sick leave, personal leave or paid time off, may be applied to the leave if required by the employer or requested by the employee. An employee may choose to preserve up to 2 weeks of their accrued, paid leave time.

Additionally, wage replacement benefits under Connecticut’s Paid Leave program may apply, as well as short-term or long-term disability benefits, or workers’ compensation depending upon the eligibility requirement for those leaves. More information about Connecticut’s Paid Leave program is available at https://ctpaidleave.org/.

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Passion_Full t1_jchbcl0 wrote

If you are birthing the child, disability is also a factor. Standard practice is 6 weeks for a vaginal delivery, 8 for a cesarean. That being paid or not is employer dependent, but it is considered medical leave, not family leave (similar to if you were in car accident and had to miss work).

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Kolzig33189 t1_jchypmh wrote

Not sure why you’re downvoted, can confirm this is tire. Short term disability is classified as medical leave and not family since you need to provide all kinds of medical sign offs and proof from docs.

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1234nameuser t1_jch05yb wrote

On quick google I'm seeing a requirement to have worked Five quarters, but I would double check the elgibility requirements online - ctpaidleave.org

"Answer: An employee becomes eligible for Paid Leave benefits if they have earned wages of at least $2,325 in the highest-earning quarter of the first four of the five most recently completed quarters (the "base period”) and they are currently employed with a covered Connecticut employer. Those not employed, but had been employed by a covered Connecticut employer within the last 12 weeks, or those in Connecticut who are self-employed/sole proprietor and has enrolled in the program. "

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Financial-Tough-250 t1_jchozyn wrote

Seems like HR doesn’t know what they are talking about and you should do more research on state of CT or state legal aid websites.

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Justagreewithme t1_jciyhls wrote

I’m not sure if this would work, but it’s worth investigating: you can take parental bonding time within the first year of birth, it doesn’t have to start at the birth. If you wait 6 months, you will have been there over 1 year and may be covered by FMLA.

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DOOMSDAYP3PPER t1_jcknvgo wrote

I took 8 weeks off when my son was born last November. I was hired in June the same year. I think your company is lying to you.

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