Regulations of Connecticut State Agencies
(See 29 CFR § 825.702)
(a) Nothing in FMLA modifies or affects federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, marital status, ancestry, present or past history of mental disorder, mental retardation, learning disability or physical disability, including but not limited to blindness, or sexual orientation (e.g., Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act and § 46a-60 of the Connecticut General Statutes).
(b) An employee may be on a workers' compensation absence due to an on-the-job injury or illness which also qualifies as a serious health condition under the FMLA. The workers' compensation absence and FMLA leave may run concurrently (subject to proper notice and designation by the employer). The health care provider providing medical care pursuant to the workers' compensation injury or illness may certify the employee is able to return to work in a "light duty" position. If the employer offers such a position, the employee is permitted but not required to accept the position. (See section 31-51qq-25 of the Regulations of Connecticut State Agencies.) As a result, the employee may no longer qualify for payments from the workers' compensation benefit plan, but the employee is entitled to continue on unpaid FMLA leave either until the employee is able to return to the same or equivalent job the employee left or until the 16-week FMLA leave entitlement is exhausted. (See section 31-51qq-18(d) of the Regulations of Connecticut State Agencies.) If the employee returning from the workers' compensation injury is a qualified individual with a disability, he or she shall have rights under the ADA.
(Adopted effective March 9, 1999)