R.C.S.A. § 31-51qq-22
When is the employer obligated to transfer an employee to work suitable to an employee’s physical condition?
Cite as Conn. Agencies Regs. § 31-51qq-22
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, if such work is available.
(b) Other work suitable to an employee's physical condition may include part time work,
or other work at a lesser pay scale, even if the employee's original job 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) Notwithstanding any obligations of the employer under the Americans with Disabilities
Act (ADA), 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
original job.