Connecticut Administrative Code
Title 31 - Labor
51qq - The Family and Medical Leave Act
Section 31-51qq-43 - What can employees do who believe that their rights under FMLA have been violated?
Current through December 12, 2024
(a) Any employee aggrieved by a violation of the provisions of the Act and sections 31-51qq-1 to 31-51qq-52, inclusive, of the Regulations of Connecticut State Agencies may bring a civil action in a court of competent jurisdiction against the employer not later than one hundred eighty (180) calendar days after the employer action alleged to be in violation of this section. The employee may bring such action without filing an administrative complaint. However, if the aggrieved employee opts to file an administrative complaint with the Labor Department pursuant to subsection (b) of this section, the employee shall have ninety (90) calendar days after the date of the dismissal decision and release of jurisdiction issued by the Commissioner in accordance with section 31-51qq-44 of the Regulations of Connecticut State Agencies to file a civil action in a court of competent jurisdiction.
(b) If an employee aggrieved by a violation of this section does not bring a civil action in a court of competent jurisdiction, the employee, or his or her authorized representative, may file a complaint with the Labor Department if the employee believes that:
(c) Complaints shall be filed with the Labor Department in such manner and on such form(s) as are prescribed and furnished by the Labor Department. The Labor Department may seek any additional information it deems necessary to initiate an investigation.
(d) In order to be considered timely filed, all complaints shall be received by the Labor Department or postmarked not later than one hundred and eighty days (180) after the date of the employer action which prompted the complaint, described in subsection (b) of this section. Any complaint received or postmarked after such one hundred and eighty day (180) period shall be considered late and shall be dismissed for lack of jurisdiction, except that such complaint may be considered timely filed if the complainant can establish good cause, as defined in subsection (d) of this section, for the late filing.
(e) "Good cause" means any circumstances which, in the opinion of the Commissioner, would prevent a reasonably prudent individual in the exercise of due diligence from timely filing his or her complaint.