FMLA - II. Eligibility Requirements

Federal FML requires an employee to have been employed with the state for 12 months of total service before the start of the leave and the employee must have at least 1,250 worked hours recorded during the 12 months immediately preceding the leave.

State FML requires an employee to have been employed with the state for 12 months of total service before the start of leave and the employee must have at least 1,000 worked hours recorded during the 12 months immediately preceding the leave.

In no circumstances does time away from work count as hours worked. It doesn’t matter if you are paid for the time away from work (e.g. vacation, sick leave, personal leave, jury duty, to name a few).

SEBAC Supplemental requires the employee to meet the definition of a “permanent employee” as defined by C.G.S.§5-196(19). A classified state employee is permanent if he or she has successfully completed his or her initial working test period. A state employee holding a position in unclassified service is permanent once he or she holds that unclassified position for a period of more than six months. 

Pregnancy Disability Leave is a separate law from FML and is found at C.G.S. §46a-60(a)(7). This law requires employers to grant its pregnant employees a “reasonable leave of absence for disability resulting from her pregnancy”.    The definition of “employer” for purposes of the pregnancy disability leave is found in C.G.S. §46a-51(10):

            “Employer” includes the state and all political subdivisions thereof and means any person or employer with three or more persons in such person’s or employer’s employ.

Organ or Bone Marrow Donor Leave was created by statute.  C.G.S. §5-248k provides this entitlement for any state employee who donates an organ or bone marrow to a person for transplantation.