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CT FMLA vs Federal FMLA maternity leave Connecticut

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  • CT FMLA vs Federal FMLA maternity leave Connecticut

    My employer does not meet FMLA requirements for CT FMLA for 75 or more employees, but does qualify for Federal FMLA with 50 or more employees. Is FMLA optional for my employer or are they required to comply with the Federal law? I am 5 months pregnant and after a discussion with my employer's HR, I was told my company "doesn't meet the 75 employee requirement so the FMLA was optional for them & without the FMLA there is no guarantee you'll have a job when you get back from leave". There was no mention of the Federal FMLA by HR - I found the info on my own about the CT FMLA and the Federal FMLA.
    I'm aware of the unpaid aspect and the 12 week as opposed to 16 weeks for CT, but I'm more concerned with the "no job when you return" response I received. Any clarification on if this employer would be required to comply with Federal FMLA. It seems like they are just steering me away from any paperwork that would give me a little job security!
    Any info is greatly appreciated - I did find a few threads similar to this but nothing that stated specifically that if a CT employer doesn't meet the CT FMLA requirement, they are obligated to honor the Federal FMLA.

  • #2
    If the company is subject and you and your medical condition meet the criteria, FMLA is mandatory.

    You've worked there for more than one year and will have worked at least 1,250 hours by the time you are ready for your leave?
    Do the 50 employees you mention all work at your job location or within a 75-mile radius? If so, your "HR Dept" is seriously misinformed.
    http://www.dol.gov/whd/regs/compliance/1421.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Do you meet all the requirements for the federal FMLA? If so, it's mandatory they allow it.

      http://www.dol.gov/whd/regs/compliance/whdfs28.htm
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Sorry, Patty. Your post wasn't there yet when I started mine. I got interrupted before I could get my post submitted off.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Yes the employees are all in a 75 mile radius - at the same facility actually. I've been with the company for 10 years so the hour requirement is not a problem.
          Thank-you so much for the info you've provided - this will be a huge help when I have the second round of discussions with HR!

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          • #6
            Show them the links/statute.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Originally posted by Betty3 View Post
              Sorry, Patty. Your post wasn't there yet when I started mine. I got interrupted before I could get my post submitted off.
              Betty, go to bed. I woke up at 2:30 after sleeping 6 hours, so I have an excuse.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Originally posted by Pattymd View Post
                Betty, go to bed. I woke up at 2:30 after sleeping 6 hours, so I have an excuse.
                I'll be going sooner or later - probably later.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment

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