Connecticut

Staying healthy at work while you are pregnant is sometimes challenging: you may be dealing with morning sickness, back pain, or doctor’s appointments every few weeks. For women who have suffered a miscarriage, you may need time off for recovery. U.S., Connecticut, and local laws can help you stay healthy at work, give you time off when you need it, and protect you from pregnancy discrimination.

Pregnancy Discrimination 

• The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced a pregnancy loss. That means:
  • Your boss can’t fire you or cut your hours when they find out that you’re pregnant or trying to get pregnant—you have the right to keep working as long as you can still do your job. You also have the right to be free from harassment at work because you are pregnant.
  • If your employer asks you about your pregnancy or plans to have children in a job interview, that may be evidence of pregnancy discrimination.
  • Your employer can’t treat you differently from other workers just because you are pregnant or have had a miscarriage. In 2015, the Supreme Court decided a case where it clarified what this means. The Court said that employers may not put a “significant burden” on pregnant employees. How do you know what’s a significant burden? Start looking around at how your employer treats other non-pregnant employees who have needed an accommodation at work. For example, does your employer have a policy of giving light duty only to those with on-the-job injuries? Or did they have no problem helping out folks with non-pregnancy related disabilities, but sent all the pregnant women out onto unpaid leave? If so, this could be evidence of pregnancy discrimination. It’s best to collect all the evidence you can (policies, employee handbooks or manuals, digging around to find out how others have been treated) and to discuss your particular situation with an attorney.
• The Connecticut Fair Employment Practices Act (CFEPA) also bans pregnancy discrimination, and covers workplaces with 3 or more employees.
  • Employers in Connecticut may not ask any job applicant or employee about their childbearing age, plans to become pregnant, pregnancy, birth control methods, reproductive system functioning, or family responsibilities, unless this information is directly related to a qualification for the job.

Workplace Accommodations

If you need changes at work to stay healthy on the job, the laws below can help. In addition, click the green button to learn how to talk with your boss about your pregnancy and request an accommodation if you need one.

• Under Connecticut’s pregnancy accommodations law, if you work for an employer with 3 or more employees, you are entitled to a “reasonable accommodation” because of your pregnancy, childbirth, or related medical condition, unless it would be really difficult or expensive for your employer to give it to you. This means:
  • Your boss can’t just fire you if you ask for a bigger uniform, a stool to sit on, or light duty while you are pregnant—they have to give you what you need to stay healthy at work, unless your employer can show that it would seriously harm the business.
  • Examples of accommodations explicitly covered by the law include permission to sit while working, taking longer or more frequent breaks, job restructuring, light duty assignments, time off to recover from childbirth, temporary transfer to a less strenuous or hazardous work, or break time and appropriate facilities to express breast milk.
  • You also cannot be forced to take leave if an accommodation can be provided, or be required to accept an accommodation if it is unnecessary to perform the “essential duties” of your job.
  • For more information about this law, see here or here.
• If you are taking time off as a reasonable accommodation, e.g. for a pre-natal appointment, you may have the right to be paid if you are covered under the Connecticut Paid Sick Leave law. For more information about this law, see the “Caring for Your Own Medical Needs” tab.
• If you are not covered by Connecticut’s pregnancy accommodations law (for example, if you work out of state), there is another federal law that may help you. The Americans with Disabilities Act makes it illegal for employers in the U.S. with 15 or more employees to discriminate against workers with disabilities. Some pregnancy-related conditions, such as preeclampsia or gestational diabetes, are considered disabilities under the law. This means:
  • Your boss cannot fire you, refuse to give you a promotion, or harass you because you have a pregnancy-related disability.
  • If you have a pregnancy-related disability, your boss cannot refuse to give you small changes at work that you need to stay healthy, like breaks to take medication, temporary relief from heavy lifting, or a stool to sit on during your shift. These changes are called “reasonable accommodations” and are available as long as you can still complete the basic duties of your job with those changes. Your boss does not have to give you an accommodation that would be very difficult or expensive, like building a whole new office.
  • Although pregnancy, by itself, is not considered a “disability,” some conditions of pregnancy may be disabilities so check with a lawyer to see whether you have a right to an accommodation at work.
• The Connecticut Fair Employment Practices Act (CFEPA) also bans disability discrimination at workplaces with 3 or more employees.
• If your workplace has 3 or more employees, your boss cannot refuse to grant you a reasonable leave of absence if you are disabled from pregnancy. You are entitled to compensation under any disability plan during this leave, and may return to your same or an equivalent job.
• If you are covered by the Family and Medical Leave Act or Connecticut Family and Medical Leave Act, you have the right to take time off during pregnancy or after experiencing a miscarriage without losing your job. See the “Time Off for Childbirth and Bonding” section under the next tab for more information and see this guide to your workplace rights around miscarriage.
• Connecticut’s pregnancy accommodations law (see above) may also give you the right to unpaid, job-protected time off work as a “reasonable accommodation.”

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

The U.S. is one of the only countries in the world with no national law guaranteeing women the right to paid leave for childbirth. However, you may have the right to paid leave and/or unpaid leave during pregnancy, childbirth, and to bond with a new child under California law. You may have additional rights under state and/or local laws. See the “Caring for Your Own Medical Needs” or “Caring for a Loved One” tabs for more information.

* In 2019, Connecticut passed a paid family and medical leave law. Beginning January 1, 2022, employers in Connecticut must provide covered employees with up to 12 weeks of paid family and medical leave.

Unpaid, Job-Protected Leave 

The law may protect your job while you are taking leave due to pregnancy, childbirth, or to bond with a new child (including adopted and foster children).

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law. You must: 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and 2) have worked with your employer for at least 1 year; and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own health (including pregnancy), to care for a new child after birth, adoption, or foster placement, or to care for a seriously ill family member. Remember that you only get 12 weeks a year in total—if you take time off before you give birth for your own health needs, you’ll have less time afterward to spend with your baby.
  • Before giving birth, you may use your leave an hour or day at a time—such as by taking a day off per week to go to the doctor—rather than all at once. Your employer must approve, however, if you want to use leave time in smaller chunks to bond with your baby.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you are in the top 10% of highest-paid workers in your company, different rules apply.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
• The Connecticut Family and Medical Leave Act is similar to the FMLA, but may provide you with a longer period of leave. If you are eligible, you can take up to 16 weeks of unpaid, job-protected leave during a 2-year period.
  • To be eligible you must: 1) work for an employer with 75 or more employees; 2) have worked for your employer for 12 months; and 3) have worked for a total of 1,000 hours in the last 12 months. Note that FMLA requires 1,250 hours, so you may be covered by the Connecticut law even if you are not eligible for FMLA.
  • Be sure to look up the specific requirements of this law if you are interested in intermittent leave or a reduced schedule.
• If your boss treats workers who take time off for childbirth differently from workers who take time off for other medical treatments (for example, they give most workers 2 weeks off for surgery but only 1 week for childbirth), this could be illegal under the national Pregnancy Discrimination Act and/or Connecticut Fair Employment Practices Act. Call A Better Balance if you think you are being treated unfairly.
• Connecticut’s pregnancy accommodations law may also give you the right to unpaid, job-protected time off work as a reasonable accommodation to physically recover from childbirth. See the “Pregnancy/Pregnancy Loss” tab for more information.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When you return to work as a new parent, you may still need a few extra breaks to pump breastmilk or time off to care for your baby when they’re sick. There are a few laws that can help you get back to work safely and still care for your family.

Returning from Childbirth 

• If you are disabled for a period of time after childbirth, the Americans with Disabilities Act and Connecticut Fair Employment Practices Act, discussed in the “Pregnancy/Pregnancy Loss” tab, may apply.
  • If so, you may be able to get an accommodation at work, such as light duty, while you recover.
• Even if you are not disabled, Connecticut’s pregnancy accommodations law, discussed under the “Pregnancy/Pregnancy Loss” tab, may give you a right to accommodations while you recover from childbirth.

Nursing Rights 

• Under Connecticut law, you have the right to breastfeed or pump at work during your regular breaks, and your employer must make reasonable efforts to provide a private area (other than a toilet stall) where you can pump. Your employer cannot discriminate against you for expressing milk at work.
• Connecticut’s pregnancy accommodations law may also help if you need a reasonable accommodation to express breast milk at work. See the “Pregnancy/Pregnancy Loss” tab for more information.
• Rights for breastfeeding workers are strong in Connecticut, but national laws may also protect you (for example, if you work outside Connecticut):
  • The Affordable Care Act (“Obamacare”) gives some U.S. workers the right to take unpaid breaks at work to pump milk, and requires some employers to find a clean, private place that’s not a bathroom for employees to pump milk. This law only applies to workers and employers who are covered by the Fair Labor Standards Act (FLSA)— the law that sets minimum wage and overtime requirements.
  • It may also be illegal under the Pregnancy Discrimination Act for your boss to punish or discriminate against you because you are lactating.
• Under Connecticut law, you also have the right to breastfeed your child in any public location.
• For more information about your nursing rights, click here.

Caring for Your Family: Family Illness and Caregiver Discrimination 

As a new parent, you may face discrimination at work or have problems taking time off when you or your baby is sick. These laws can help you balance your job and caring for your family.

* In 2019, Connecticut passed a paid family and medical leave law. Beginning January 1, 2022, employers in Connecticut must provide covered employees with up to 12 weeks of paid family and medical leave.

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). You may have similar rights under the Connecticut Family and Medical Leave Act. See the “Time Off for Childbirth and Bonding” tab for more information on these laws.
• If you are covered, the Connecticut Paid Sick Leave Law gives you the right to paid time off, without losing you job, if you need to recover from physical/mental illness or injury; seek medical diagnosis, treatment, or preventative care; or care for a child or spouse who is ill or needs medical diagnosis, treatment, or preventative care.
  • If your employer has 50 or more employees and you work in a covered “service” occupation (such as registered nurses, food preparation workers, retail workers, etc.), you have the right to earn and take up to 40 hours of paid sick time a year.
  • Under this law, you earn sick time at the rate of one hour for every 40 hours you work.
  • Be sure to check carefully to see whether you are covered by this law; many workers are not included.
  • For more information about your rights, see here.
• The Connecticut Fair Employment Practices Act (CFEPA) prohibits employers with 3 or more employees from asking any job applicant or employee about their childbearing age, plans to become pregnant, pregnancy, birth control methods, reproductive system functioning, or familial responsibilities, unless this information is directly related to a qualification for the job.
• Some workers in Connecticut are protected from caregiver discrimination.
  • The city of Waterbury has outlawed employment discrimination based on family status. Please note, it’s possible that additional cities may have passed caregiver discrimination laws.
• The Americans with Disabilities Act bans unfair treatment of workers based on their relationship with a person with a disability. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill. However, this law does not give relatives of a person with a disability the right to accommodations, such as a schedule change, to help them provide care.
• If you lose your job because you have family caregiving responsibilities, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When you are sick—be it with a bad cold or more serious illness or injury—you may need time off from work to rest and heal. Federal, state, and local laws may give you time off when you need it and protect you from employment discrimination.

* In 2019, Connecticut passed a paid family and medical leave law. Beginning January 1, 2022, employers in Connecticut must provide covered employees with up to 12 weeks of paid family and medical leave.

Taking Time Off from Work

• If you are covered, the Connecticut Paid Sick Leave Law gives you the right to paid time off, without losing you job, if you need to recover from physical/mental illness or injury; seek medical diagnosis, treatment, or preventative care; or care for a child or spouse who is ill or needs medical diagnosis, treatment, or preventative care.
  • If your employer has 50 or more employees and you work in a covered “service” occupation (such as registered nurses, food preparation workers, retail workers, etc.), you have the right to earn and take up to 40 hours of paid sick time a year. Be sure to check carefully to see whether you are covered by this law; many workers are not included.
  • Under this law, you earn sick time at the rate of one hour for every 40 hours you work.
  • Sick time under this law can be used for “safe time” purposes to address certain needs, including non-medical needs, that may arise if you are a victim of family violence or sexual assault.
  • For more information about your rights, see here.
• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law. You must: 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and 2) have worked with your employer for at least 1 year; and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own serious medical needs, including those related to pregnancy and recovery from childbirth. You may also take the leave on an intermittent basis or may work on a reduced schedule.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
  • For more information about the Family and Medical Leave Act, see here.
• The Connecticut Family and Medical Leave Act is similar to the FMLA, but may provide you with a longer period of leave. If you are eligible, you can take up to 16 weeks of unpaid, job-protected leave during a 2-year period (rather than just 12 weeks in a 1-year period).
  • To be eligible you must: 1) work for an employer with 75 or more employees; 2) have worked for your employer for 12 months; and 3) have worked for a total of 1,000 hours in the last 12 months. Note that FMLA requires 1,250 hours, so you may be covered by the Connecticut law even if you are not eligible for FMLA.
  • Be sure to look up the specific requirements of this law if you are interested in intermittent leave or a reduced schedule.
• If you were hurt while working or became sick as a result of your job, you may also be entitled to paid benefits and other protections through Workers’ Compensation.
• If you lose your job due to your own medical needs, and are able to continue working, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility. 

Reasonable Accommodations and Anti-Discrimination Laws

• The Connecticut Fair Employment Practices Act (CFEPA) bans disability discrimination at workplaces with 3 or more employees. Workers with disabilities may also be entitled to reasonable accommodations under this law.
• The Americans with Disabilities Act (ADA) requires employers in the U.S. with 15 or more employees to provide reasonable accommodations to workers with disabilities and makes it illegal for employers to discriminate against workers with disabilities. Disability is defined as a physical or mental impairment that substantially limits one or more major life activities, which can include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This means:
  • Your boss cannot fire you, refuse to give you a promotion, or harass you because you have a disability.
  • If you have a disability, your boss cannot refuse to give you small changes at work that you need to stay healthy, like breaks to take medication, temporary relief from heavy lifting, or a stool to sit on during your shift. These changes are called “reasonable accommodations” and are available as long as you can still complete the basic duties of your job with those changes. Your boss does not have to give you an accommodation that would be very difficult or expensive, like building a whole new office.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When a child or family member gets sick or injured—be it with a bad cold or a more serious illness or injury—you may need to take some time off from work to care for them. Federal, state, and local laws may give you time off when you need it and protect you from employment discrimination.

* In 2019, Connecticut passed a paid family and medical leave law. Beginning January 1, 2022, employers in Connecticut must provide covered employees with up to 12 weeks of paid family and medical leave.

Taking Time Off from Work

• If you are covered, the Connecticut Paid Sick Leave Law gives you the right to paid time off, without losing you job, if you need to recover from physical/mental illness or injury; seek medical diagnosis, treatment, or preventative care; or care for a child or spouse who is ill or needs medical diagnosis, treatment, or preventative care.
  • If your employer has 50 or more employees and you work in a covered “service” occupation (such as registered nurses, food preparation workers, retail workers, etc.), you have the right to earn and take up to 40 hours of paid sick time a year. Be sure to check carefully to see whether you are covered by this law; many workers are not included.
  • Under this law, you earn sick time at the rate of one hour for every 40 hours you work.
  • For more information about your rights, see here.
• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law. You must: 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and 2) have worked with your employer for at least 1 year; and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for a seriously ill family member. Under the FMLA, covered family members include a worker’s son or daughter under the age of 18 (or an adult child unable to care for him or herself due to a physical or mental disability), a spouse, and a parent.
  • The FMLA defines “son or daughter” to include a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. For more information about protections the FMLA provides for LGBT families, see here.
  • You may also take the leave on an intermittent basis or may work on a reduced schedule to care for a seriously ill family member.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
• The Connecticut Family and Medical Leave Act is similar to the FMLA, but may provide you with a longer period of leave. If you are eligible, you can take up to 16 weeks of unpaid, job-protected leave during a 2-year period (rather than just 12 weeks in a 1-year period).
  • To be eligible you must: 1) work for an employer with 75 or more employees; 2) have worked for your employer for 12 months; and 3) have worked for a total of 1,000 hours in the last 12 months. Note that FMLA requires 1,250 hours, so you may be covered by the Connecticut law even if you are not eligible for FMLA.
  • Be sure to look up the specific requirements of this law if you are interested in intermittent leave or a reduced schedule.
• If you lose your job because you have family caregiving responsibilities, you may still be able to apply for Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Special Protections for Veterans’ and Military Families

• If you are covered by the Family and Medical Leave Act (FMLA), and a close family member is, or was, in the Armed Services, you may be entitled to additional protections under the FMLA.
• The FMLA provides special protections for service-connected injuries or illnesses. If you are the spouse, parent, son, daughter, or next-of-kin of a veteran or a member of the Armed Services, including the National Guard and Reserves, you may be able to take military caregiver leave. You can take up to a total of 26 weeks of unpaid leave a year to take care of your military relative if he or she has a serious injury or illness stemming from his or her military service.
• In addition to the ordinary protections under the Family and Medical Leave Act, if you have a parent, child, or spouse on or called to active duty service in a foreign country, you may be eligible for what is called “qualifying exigency” leave under the Family and Medical Leave Act to address certain needs arising out of that active duty service. This leave allows you to take up to a total of 12 weeks of unpaid leave a year.
  • This leave is available to address many different types of needs, including:
    • tending to the needs of the children of a service member, such as arranging childcare, attending meetings, or enrolling the child in a new school
    • making legal or financial arrangements for a military member
    • spending time with a servicemember on a short-term rest and recuperation leave
    • arranging care for the parent of a servicemember when the parent is unable to care for himself or herself.

Anti-Discrimination Laws

• The Connecticut Fair Employment Practices Act (CFEPA) prohibits employers with 3 or more employees from asking any job applicant or employee about their childbearing age, plans to become pregnant, pregnancy, birth control methods, reproductive system functioning, or familial responsibilities, unless this information is directly related to a qualification for the job.
• Some workers in Connecticut are protected from caregiver discrimination.
  • The city of Waterbury has outlawed employment discrimination based on family status. Please note, it’s possible that additional cities may have passed caregiver discrimination laws.
• The Americans with Disabilities Act bans unfair treatment of workers based on their relationship with a person with a disability. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill.  However, this law does not give relatives of a person with a disability the right to accommodations, such as a schedule change, to help them provide care.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.