Sec.31-51qq-22. When is the employer obligated to transfer an employee to work suitable to an employee’s physical condition?

(a) In the case of a medical leave, if the employee is medically unable to perform the employee’s original job at the expiration of the leave, but is still able to perform work of some type, the employer shall transfer such employee to work suitable to such employee’s physical condition, as defined in section 31-51qq-21(c) of the Regulations of Connecticut State Agencies, if such work is available.

(b) Other work suitable to an employee’s physical condition, as defined in section 31-51qq-21(c) of the Regulations of Connecticut State Agencies, may include part-time work, or other work at a lesser pay scale, even if the employee’s original was a full-time position.

(c) An employer may request certification from the employee’s health care provider that the employee is physically unable to resume work in the employee’s original position but may perform other work. The certification itself need only be a simple statement of an employee’s inability to perform the original job and employee’s present medical limitations with regard to other suitable work.

(d) If after the expiration of the employee’s full FMLA leave entitlement, the employee is unable to resume work in the employee’s original job and is transferred to other suitable work, but at some later time is again able to perform the employee’s original job, the employer is no longer obligated to reinstate the employee to his or her original job, except for example, if required as a reasonable accommodation pursuant to the ADA or FEPA.

(Adopted effective March 9, 1999; Amended August 3, 2022)