The Connecticut Department of Labor has released proposed regulations for the amended Connecticut Family and Medical Leave Act, which was effective January 1, 2022. The proposed regulations will be subject to a 30-day comment period, ending on February 28. A virtual hearing on the proposed regulations will take place on February 17.

Importantly, these proposed regulations will not be adopted until after the close of the comment period and are subject to change based on comments received. Therefore, we may not see final regulations until a few months after the effective date of the CT FMLA amendments.

The proposed regulations contain provisions related to the significant expansion of CT FMLA, including relevant definitions, the process for verifying familial relationships, and the ability for employees to proceed directly to court with complaints of CT FMLA violations. In addition, the proposed regulations also address issues not directly related to the amendments, including fitness-for-duty requests, contact with employees’ medical providers to obtain clarification and authentication of certifications, reasons for recertification requests, and other topics.

We will continue to monitor the status and eventual adoption of the proposed regulations.