Leave from Employment for Victims of Family Violence

Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.

Many employers are aware that under Federal law, qualified employees are entitled to Family Medical Leave for up to twelve (12) weeks for a qualified medical condition.  However, employers should be aware that in addition to the Federal Family Medical Leave Act, an employer in the State of Connecticut may be responsible for providing employees with additional enhanced leave under the Connecticut Family Medical Leave Act (CFMLA).

Under the CFMLA, one of the most underutilized and misunderstood classifications of eligible employees are those that are victims of family violence.  If an employee is a victim of family violence, a covered employer shall permit the employee to take paid or unpaid leave during any calendar year in which such leave is reasonably necessary, to: (1) seek medical care or psychological or other counseling for physical or psychological injury or disability for the victim; (2) obtain services from a victim services organization on behalf of the victim; (3) relocate due to such family violence; or (4) participate in any civil or criminal proceeding related to, or resulting from such family violence.  An employer may limit unpaid leave under this section to twelve (12) days during any calendar year, however this family violence leave shall not affect any other leave provided under State or Federal law.  (C.G.S. §31-51ss(b)).

If an eligible employee’s need to use family violence leave is foreseeable, an employer may require advance notice, not to exceed seven (7) days prior to the date the leave is to begin, of the employee’s intention to use such leave.  If an employee’s need for leave is not foreseeable, an employer may require an employee to give notice as soon as practicable.

Upon an employer’s request, an employee who takes family violence leave under Connecticut General Statute Section 31-55ss, shall provide the employer a signed written statement certifying that the leave is for qualified purposes.  The employer may also, but is not required to, request that the employee provide a police or court record related to the family violence, or a signed written statement that the employee is a victim of family violence, provided that such statement is from an employee or agent of a victim services organization, an attorney, an employee of the Judicial Branch’s Office of Victim Services or the Office of the Victim Advocate, or a licensed medical professional or other licensed professional from whom the employee has sought assistance with respect to the family violence. (C.G.S. §31-51ss(d)).

Any written statement, police report, or court record provided to an employer shall be maintained as confidential by the employer and shall not be disclosed by the employer, except as required by Federal or State law, or as necessary to protect the employee’s safety in the workplace, provided the employee is given notice prior to the disclosure.

The law further provides penalties to any employer who fails to provide the required leave for a qualified employee.  If an employer discharges, penalizes, threatens or otherwise coerces an employee in violation of their right to family violence leave, the employee, not later than one hundred eighty (180) days from the occurrence of such action, may bring a civil action for damages and for an order requiring the employee’s reinstatement or otherwise rescinding such action.   If the employee prevails, the employee shall be allowed reasonable attorneys’ fees, to be fixed by the court.

If you are an employer and are seeking compliance with CFMLA and family violence leave, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.