R.C.S.A. § 31-51qq-41
How does FMLA affect federal and State anti-discrimination laws?
Cite as Conn. Agencies Regs. § 31-51qq-41
(See 29 CFR § 825.702)
(a) Nothing in FMLA modifies or affects federal or State law prohibiting discrimination
on the basis of race, religion, color, national origin, sex, age, marital status,
ancestry, present or past history of mental disorder, mental retardation, learning
disability or physical disability, including but not limited to blindness, or sexual
orientation (e.g., Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy
Discrimination Act and § 46a-60 of the Connecticut General Statutes).
(b) An employee may be on a workers' compensation absence due to an on-the-job injury
or illness which also qualifies as a serious health condition under the FMLA. The
workers' compensation absence and FMLA leave may run concurrently (subject to proper
notice and designation by the employer). The health care provider providing medical
care pursuant to the workers' compensation injury or illness may certify the employee
is able to return to work in a "light duty" position. If the employer offers such
a position, the employee is permitted but not required to accept the position. (See
section 31-51qq-25 of the Regulations of Connecticut State Agencies.) As a result,
the employee may no longer qualify for payments from the workers' compensation benefit
plan, but the employee is entitled to continue on unpaid FMLA leave either until the
employee is able to return to the same or equivalent job the employee left or until
the 16-week FMLA leave entitlement is exhausted. (See section 31-51qq-18(d) of the
Regulations of Connecticut State Agencies.) If the employee returning from the workers'
compensation injury is a qualified individual with a disability, he or she shall have
rights under the ADA.