R.C.S.A. § 31-51qq-37
Under what circumstances may a covered employer refuse to provide FMLA leave or reinstatement to eligible employees?
Cite as Conn. Agencies Regs. § 31-51qq-37
to eligible employees?
(See 29 CFR § 825.312)
(a) If an employee fails to give timely advance notice when the need for FMLA leave is
foreseeable, the employer may delay the taking of FMLA leave until 30 days after the
date the employee provides notice to the employer of the need for FMLA leave. (See
section 31-51qq-27 of the Regulations of Connecticut State Agencies.)
(b) If an employee fails to provide in a timely manner a requested medical certification
to substantiate the need for FMLA leave due to a serious health condition, an employer
may delay continuation of FMLA leave until an employee submits the certificate. (See
sections 31-51qq-30 and 31-51qq-35 of the Regulations of Connecticut State Agencies.)
If the employee never produces the certification, the leave is not FMLA leave.
(c) If an employee fails to provide a requested fitness-for-duty certification to return
to work, an employer may delay restoration until the employee submits the certificate.
(See sections 31-51qq-33 and 31-51qq-35 of the Regulations of Connecticut State Agencies.)
(d) An employee has no greater right to reinstatement or to other benefits and conditions
of employment than if the employee had been continuously employed during the FMLA
leave period. Thus, an employee's rights to continued leave and restoration cease
under FMLA if and when the employment relationship terminates (e.g., layoff), unless that relationship continues, for example, by the employee remaining
on paid FMLA leave. If the employee is recalled or otherwise re-employed, an eligible
employee is immediately entitled to further FMLA leave for an FMLA-qualifying reason.
An employer shall be able to show, when an employee requests restoration, that the
employee would not otherwise have been employed if leave had not been taken in order
to deny restoration to employment. (See section 31-51qq-24 of the Regulations of Connecticut
State Agencies.)
(e) An employer may require an employee on FMLA leave to report periodically on the employee's
status and intention to return to work. (See section 31-51qq-34 of the Regulations
of Connecticut State Agencies.) If an employee unequivocally advises the employer
either before or during the taking of leave that the employee does not intend to return
to work, and the employment relationship is terminated, the employee's entitlement
to continued leave and restoration ceases unless the employment relationship continues,
for example, by the employee remaining on paid leave. An employee may not be required
to take more leave than necessary to address the circumstances for which leave was
taken. If the employee is able to return to work earlier than anticipated, the employee
shall provide the employer two business days notice where feasible; the employer is
required to restore the employee once such notice is given, or where such prior notice
was not feasible.
(f) An employee who fraudulently obtains FMLA leave from an employer is not protected
by FMLA's job restoration provision.
(g) If the employer has a uniformly-applied policy governing outside or supplemental employment,
such a policy may continue to apply to an employee while on FMLA leave. An employer
which does not have such a policy may not deny benefits to which an employee is entitled
under FMLA on this basis unless the FMLA leave was fraudulently obtained as in subsection
(f) of this section.