When FMLA Military leave was introduced in 2008, employees in Connecticut were only entitled to this leave if they were eligible for Federal FMLA. Although Connecticut had lesser eligibility requirements than its Federal counterpart, the state of Connecticut did not offer exigency leave, creating a lot of confusion for employers.

The federal FMLA covers Connecticut employees if:

  • There are 50 or more employees at the employee’s workplace, and
  • They have worked at least 1250 hours during the last 12 months, not counting vacation, holidays, or sick leave

The state FMLA covers Connecticut employees if:

  • There are 75 or more employees at the employee’s workplace, and
  • They have worked 1000 hours during the last 12 months, not counting vacation, holidays, or sick leave

The Federal FMLA amendment provides eligible employees with 12 weeks of leave, where the spouse, son, daughter, or a parent of the employee is on active duty, or has been notified of an impending order to active duty.

Connecticut FMLA

It was recently announced that Connecticut will cover the same type of qualifying exigency, offering employees 16 weeks over a 24-month period, when a spouse, son, daughter, or a parent is on active duty or has been notified of an impending order to active duty.

Leave may be taken for the following reasons:

  • Because of the employee’s own serious health condition;
  • For the birth of a child;
  • Upon the placement of a child for adoption or foster care;
  • To care for the spouse, child or parent of the employee, if the spouse, child or parent has a serious health condition or
  • To serve as an organ or bone marrow donor

This leave will go into effect immediately upon the Governor’s signature.

Employers who haven’t been allowing military leaves under CTFMLA will need to update their FMLA policies and procedures to take this change into account.