(a)
General rules. Eligible
employees are entitled to FMLA leave for pregnancy or birth of a child as
follows:
(1) Both the mother and father are
entitled to FMLA leave for the birth of their child.
(2) Both the mother and father are entitled
to FMLA leave to be with the healthy newborn child (bonding time) during the
twelve (12)-month period beginning on the date of birth. An employee's
entitlement to FMLA leave for a birth expires at the end of the twelve
(12)-month period beginning on the date of the birth. If state law allows, or
the employer permits, bonding leave to be taken beyond this period, such leave
will not qualify as FMLA leave. Under this section, both the mother and father
are entitled to FMLA leave even if the newborn does not have a serious health
condition.
(3) Spouses who are
eligible for FMLA leave and are employed by the same covered employer may be
limited to a combined total of twelve (12) weeks of leave during any twelve
(12)-month period if the leave is taken for birth of the employee's son or
daughter or to care for the child after birth, for placement of a son or
daughter with the employee for adoption or foster care or to care for the child
after placement, or to care for the employee's parent with a serious health
condition. This limitation on the total weeks of leave applies to leave taken
for the reasons specified as long as spouses are employed by the same employer.
It would apply, for example, even though the spouses are employed at two
different worksites of an employer. On the other hand, if one spouse is
ineligible for FMLA leave, the other spouse would be entitled to a full twelve
(12) weeks of FMLA leave. Where the spouses both use a portion of the total
twelve (12)-week FMLA leave entitlement for either the birth of a child, for
placement for adoption or foster care, or to care for a parent, the spouses
would each be entitled to the difference between the amount such spouses have
taken individually and twelve (12) weeks for FMLA leave for other purposes. For
example, if each spouse took six (6) weeks of leave to care for a healthy,
newborn child, each could use an additional six (6) weeks due to his or her own
serious health condition or to care for a child with a serious health
condition. Note, too, that many State pregnancy disability laws specify a
period of disability either before or after the birth of a child; such periods
would also be considered FMLA leave for a serious health condition of the
mother, and would not be subject to the combined limit.
(4) The mother is entitled to FMLA leave for
incapacity due to pregnancy, for prenatal care, or for her own serious health
condition following the birth of the child. Circumstances may require that FMLA
leave begin before the actual date of birth of a child. An expectant mother may
take FMLA leave before the birth of the child for prenatal care or if her
condition makes her unable to work. The mother is entitled to leave for
incapacity due to pregnancy even though she does not receive treatment from a
health care provider during the absence, and even if the absence does not last
for more than three (3) consecutive calendar days. For example, a pregnant
employee may be unable to report to work because of severe morning
sickness.
(5) A spouse is entitled
to FMLA leave if needed to care for his or her pregnant spouse who is
incapacitated or if needed to care for her during her prenatal care, or if
needed to care for the spouse following the birth of a child if the spouse has
a serious health condition.
(6)
Both the mother and father are entitled to FMLA leave if needed to care for a
child with a serious health condition if the requirements of sections
31-51rr-4 through
31-51rr-6, inclusive, and
31-51rr-1(26) of the Regulations of Connecticut State Agencies are met. Thus,
spouses may each take twelve (12) weeks of FMLA leave if needed to care for
their newborn child with a serious health condition, even if both are employed
by the same employer, provided they have not exhausted their entitlements
during the applicable twelve (12)-month FMLA leave period.
(b)
Intermittent and reduced schedule
leave. An eligible employee may use intermittent or reduced schedule
leave after the birth to be with a healthy newborn child only if the employer
agrees. For example, an employer and employee may agree to a part-time work
schedule after the birth. If the employer agrees to permit intermittent or
reduced schedule leave for the birth of a child, the employer may require the
employee to transfer temporarily, during the period the intermittent or reduced
leave schedule is required, to an available alternative position for which the
employee is qualified and which better accommodates recurring periods of leave
than does the employee's regular position. Transfer to an alternative position
may require compliance with any applicable collective bargaining agreement,
federal law (such as the ADA), and State law. Transfer to an alternative
position may include altering an existing job to better accommodate the
employee's need for intermittent or reduced leave. The employer's agreement is
not required for intermittent leave required by the serious health condition of
the mother or newborn child.
