Sec.31-236-23. Voluntary leaving to care for seriously ill child, spouse or parent

(a) For the purposes of this section, the following definitions shall apply:

(1) "Illness or disability" means an illness or disability diagnosed by a health care provider that necessitates care for the ill or disabled person for a period of time longer than the employer is willing to grant leave, paid or otherwise.

(2) "Spouse" means the individual's partner in a marriage or civil union legally recognized by the state of Connecticut.

(3) "Child" means natural child, adopted child, stepchild, legal ward of the individual, or any child found to be a dependent under section 31-234 of the Connecticut General Statutes.

(4) "Parent" means the individual's natural parent, adoptive parent, step-parent, parent-in-law or any person who served as the individual's legal guardian through the age of majority.

(5) "Health care provider" means (a) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; (b) a podiatrist, dentist, psychologist, optometrist or chiropractor authorized to practice by the state in which such person practices and performs within the scope of the authorized practice; (c) an advanced practice registered nurse, nurse practitioner, nurse midwife or clinical social worker authorized to practice by the state in which such person practices and performs within the scope of the authorized practice; (d) Christian Science practitioners listed with the first Church of Christ, Scientist in Boston, Massachusetts; (e) any medical practitioner from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; (f) a medical practitioner, in a practice enumerated in subparagraphs (a) to (e), inclusive, of this subdivision, who practices in a country other than the United States, who is licensed to practice in accordance with the laws and regulations of that country; or (g) such other health care provider as the labor commissioner approves, performing within the scope of the authorized practice.

(b) In order to determine that an individual is eligible for benefits under this section, the administrator shall find that:

(1) The individual, prior to separating from employment, informed the employer of the illness or disability of the individual's child, spouse or parent and of the need to leave work in order to provide care, unless it would have been futile for the individual to provide such notice;

(2) The employer did not communicate an offer of leave, paid or otherwise, to the individual for the period of time needed to care for the individual's spouse, child, or parent; and

(3) The individual has provided to the administrator documentation, signed by a health care provider, verifying the illness or disability and the period of time for which care is necessary.

(c) The administrator shall prescribe a form for the purpose of satisfying subsection (b)(3) of this section but may accept other documentation from a health care provider so long as it includes the information necessary under this section.

(Effective June 24, 1986; Amended November 9, 2010)