Sec.31-51qq-38. How should records and documents relating to medical certifications, recertifications or medical histories be maintained?

(a) Employers shall maintain records and documents relating to medical certifications, recertifications or medical histories of employees or employees’ family members, created for purposes of the Act, as medical records pursuant to chapter 563a of the Connecticut General Statutes, and, if the ADA is also applicable, such records shall be maintained in conformance with ADA confidentiality requirements, 29 CFR 1630.14(c)(1). However, employers may inform

(1) supervisors and managers regarding necessary restrictions on the work or duties of an employee and any necessary accommodations;

(2) first aid and safety personnel, when appropriate, if the employee’s physical or medical condition might require emergency treatment; and

(3) government officials investigating compliance with the Act, the Paid Family and Medical Leave Insurance Program, sections 31-49e through 31-49t, inclusive, of the Connecticut General Statutes or other pertinent law, regarding any relevant information upon request. If the Genetic Information Nondiscrimination Act of 2008 (GINA), 29 CFR Part 1635, is applicable, records and documents created for purposes of FMLA containing family medical history or genetic information as defined in GINA shall be maintained in accordance with the confidentiality requirements of Title II of GINA, 29 CFR 1635.9, which permit such information to be disclosed consistent with the requirements of FMLA.

(b) The employer shall provide to an eligible employee, upon request, the dates the employee took FMLA leave, the hours the employee took FMLA leave if taken in increments of less than one (1) full day, and copies of all employee and employer notices as required by the Act.

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