§ 31-51pp — Family and medical leave: Prohibited acts, complaints, rights and remedies.

Connecticut § 31-51pp

• Jurisdiction: Connecticut
• Title 31: Labor
• Ch. 557: Employment Regulation

Text

(a)(1) It shall be a violation of sections 5-248a, 31-49e to 31-49t, inclusive, and 31-51kk to 31-51qq, inclusive, for any employer to interfere with, restrain or deny the exercise of, or the attempt to exercise, any right provided under said sections. (2) It shall be a violation of sections 5-248a , 31-49e to 31-49t , inclusive, and 31-51kk to 31-51qq , inclusive, for any employer to discharge or cause to be discharged, or in any other manner discriminate, against any individual for opposing any practice made unlawful by said sections or because such employee has exercised the rights afforded to such employee under said sections. (b) It shall be a violation of sections 5-248a , 31-49e to 31-49t , inclusive, and 31-51kk to 31-51qq , inclusive, for any person to discharge or cause to be discharged, or in any other manner discriminate, against any individual because such individual: (1) Has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to sections 5-248a , 31-49e to 31-49t , inclusive, and 31-51kk to 31-51qq , inclusive; (2) Has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under said sections; or (3) Has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under said sections. (c) It shall be a violation of sections 31-51kk to 31-51qq , inclusive, for any employer to deny an employee the right to use up to two weeks of accumulated sick leave or to discharge, threaten to discharge, demote, suspend or in any manner discriminate against an employee for using, or attempting to exercise the right to use, up to two weeks of accumulated sick leave to attend to a serious health condition of a family member of the employee, or for the birth or adoption of a son or daughter of the employee. For purposes of this subsection, “sick leave” means an absence from work for which compensation is provided through an employer's bona fide written policy providing compensation for loss of wages occasioned by illness, but does not include absences from work for which compensation is provided through an employer's plan, including, but not limited to, a short or long-term disability plan, whether or not such plan is self-insured. (d) (1) Any employee aggrieved by a violation of this section may file a complaint with the Labor Commissioner alleging violation of the provisions of this section within one hundred eighty calendar days of the employer action that prompted the complaint, unless good cause exists for the late filing. Upon receipt of any such complaint, the commissioner, or the commissioner's designee, shall conduct an investigation and make a finding regarding jurisdiction and whether a violation of this section has occurred. (2) If the commissioner or designee finds the Labor Department has no jurisdiction or that no violation of this section has occurred, the commissioner or designee shall dismiss the complaint and issue a release of jurisdiction allowing the complainant to bring a civil action in the Superior Court. Any action brought by the complainant in accordance with this subdivision shall be brought not later than ninety calendar days after the date of the release of the decision from the commissioner or designee. The employee may be awarded all appropriate relief, including rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if a violation of this subsection had not occurred. (3) If the commissioner or designee finds that the Labor Department has jurisdiction and that a violation of this section has occurred, the commissioner or designee may, in the commissioner's or designee's sole discretion, require the parties to participate in a mandatory settlement conference and, in the absence of a settlement, a hearing officer designated by the commissioner or designee shall hold a hearing and render a final decision. (4) The designated hearing officer may award the employee all appropriate relief, including rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if a violation of this section had not occurred. Any party aggrieved by the decision of the designated hearing officer may appeal the decision to the Superior Court in accordance with the provisions of chapter 54. (e) Any employee aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against the employer within one hundred eighty calendar days of the employer action alleged to be in violation of this section. Such action may be brought by an employee without first filing an administrative complaint. (f) The rights and remedies specified in this section are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other provisions of law.

Legislative History

(P.A. 96-140, S. 6, 10; P.A. 03-213, S. 1; P.A. 19-25, S. 21; June Sp. Sess. P.A. 21-2, S. 279, 280; P.A. 22-118, S. 194.) History: P.A. 96-140 effective January 1, 1997; P.A. 03-213 added new Subsec. (c) re rights relative to use of sick leave during family and medical leave and complaint and remedial procedures for violation of such rights; P.A. 19-25 amended Subsec. (c)(1) by substituting “family member” for “son or daughter, spouse or parent”, effective January 1, 2022; June Sp. Sess. P.A. 21-2 amended Subsec. (c) to delete former Subdiv. (1) designator and redesignate existing Subdiv. (2) as Subsec. (d)(1) and (d)(4) and existing Subdiv. (3) as Subsec. (f), amended redesignated Subsec. (d)(1) to change “subsection “ to “section”, add deadline for filing complaint, add reference to designee, and replace provision re hearing and decision with provision re investigation and finding, added Subsec. (d)(2) re dismissal, release of jurisdiction and remedies, added Subsec. (d)(3) re mandatory settlement conference and hearing, amended redesignated Subsec. (d)(4) to change “commissioner” to “designated hearing officer” and “subsection” to “section”, added Subsec. (e) re civil action and amended redesignated Subsec. (f) to change “subsection” to “section”, effective June 23, 2021; P.A. 22-118 amended Subsecs. (a) and (b) to add references to Secs. 31-49e to 31-49t, effective July 1, 2022. Subsec. (c): “Accumulated sick leave” refers to paid sick leave that has been earned by an employee but not yet used. 283 C. 644.