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Bartinik Law Firm, PC

Medical leave | Rules in CT | Federal vs State FMLA compared

Peter J. Bartinik, Jr.
Civil Trial Attorney, Practicing Law in Connecticut

The Family and Medical Leave laws provide for unpaid medical leave from work for various reasons.  There is a federal law know as the Family and Medical Leave Act which has been in effect since 1992, and also a State of Connecticut version of the Act.  They both provide for unpaid medical leave.  There are a few differences between the laws, however.

The key differences between the state of Connecticut FMLA and the federal FMLA are the following:

1. State FMLA allows for 16 weeks of leave while the federal FMLA allows for 12 weeks of leave.

2. Both provide for unpaid leave.

3. State FMLA requires that you file with the state Deptartment of Labor before you file a lawsuit, while the federal FMLA allows you to file a lawsuit right away. 

4. State FMLA provides for reinstatement and back pay while the federal FMLA also provies for attorney's fees and liquidated damages.

Overall, the federal FMLA is a much more powerful statute from a plaintiff employee's perspective.  This is because the plaintiff can recovery not only back pay and reinstatement, but also liquidated damages and attorney's fees.  Liquidated damages are a doubling of your economic losses.  This is a very powerful remedy.

If you have any questions about your rigths under the FMLA contact The Bartinik Law Firm, P.C., 100 Fort Hill Road, Groton, Connecticut at 860-445-8521 or toll free at 888-717-4211.


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