Sec.31-51qq-6. Which employees are “eligible” to take a leave under FMLA?

(a) An “eligible employee” is defined in section 31-51qq-1(e) of the Regulations of Connecticut State Agencies.

(b) The employee shall have been employed by the employer for at least three (3) consecutive months immediately preceding the date the FMLA leave will commence pursuant to the employee’s request. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the employer (e.g., workers’ compensation or group health plan benefits), the week counts as a week of employment. For purposes of determining whether employment qualifies as “at least three (3) consecutive months,” thirteen (13) weeks is deemed to be equal to three (3) consecutive months.

(c) The determination of whether an employee has worked for the employer for at least three (3) consecutive months, as defined in section 31-51qq-6(b) of the Regulations of Connecticut State Agencies, immediately preceding his or her request for leave shall be made as of the date leave commences pursuant to the employee’s request. If an employee notifies the employer of need for FMLA leave before the employee meets this eligibility criteria, the employer shall either confirm the employee’s eligibility based upon a projection that the employee shall be eligible on the date leave would commence or shall advise the employee when the eligibility requirement is met. If the employer confirms eligibility at the time the notice for leave is received, the employer may not subsequently challenge the employee’s eligibility. In the latter case, if the employer does not advise the employee whether the employee is eligible as soon as practicable, as defined in section 31-51qq-27(a) of the Regulations of Connecticut State Agencies, specifically not later than five (5) business days, absent extenuating circumstances, after the date employee eligibility is determined, the employee shall have satisfied the notice requirements and the notice of leave is considered current and outstanding until the employer does advise.

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