Current through November 7, 2024
Section 31-51qq-43 - What can employees do who believe that their rights under FMLA have been violated?(a) Any employee aggrieved by a violation of the provisions of the Act and sections 31-51qq-1 to 31-51qq-52, inclusive, of the Regulations of Connecticut State Agencies may bring a civil action in a court of competent jurisdiction against the employer not later than one hundred eighty (180) calendar days after the employer action alleged to be in violation of this section. The employee may bring such action without filing an administrative complaint. However, if the aggrieved employee opts to file an administrative complaint with the Labor Department pursuant to subsection (b) of this section, the employee shall have ninety (90) calendar days after the date of the dismissal decision and release of jurisdiction issued by the Commissioner in accordance with section 31-51qq-44 of the Regulations of Connecticut State Agencies to file a civil action in a court of competent jurisdiction.(b) If an employee aggrieved by a violation of this section does not bring a civil action in a court of competent jurisdiction, the employee, or his or her authorized representative, may file a complaint with the Labor Department if the employee believes that: (1) His or her employer has interfered with, restrained or denied the exercise of, or the attempt to exercise, any rights provided under the Act;(2) His or her employer discharged or caused to be discharged, or in any manner discriminated against, any individual for opposing any practice made unlawful by the Act or because such employee has exercised the rights afforded to such employee under the Act;(3) His or her employer has violated any provision of the Act with respect to such employee; or(4) Any person has discharged or caused to be discharged, or in any manner discriminated against, an individual because such individual:(A) Has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to the Act;(B) Has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under the Act; or(C) Has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under the Act.(c) Complaints shall be filed with the Labor Department in such manner and on such form(s) as are prescribed and furnished by the Labor Department. The Labor Department may seek any additional information it deems necessary to initiate an investigation.(d) In order to be considered timely filed, all complaints shall be received by the Labor Department or postmarked not later than one hundred and eighty days (180) after the date of the employer action which prompted the complaint, described in subsection (b) of this section. Any complaint received or postmarked after such one hundred and eighty day (180) period shall be considered late and shall be dismissed for lack of jurisdiction, except that such complaint may be considered timely filed if the complainant can establish good cause, as defined in subsection (d) of this section, for the late filing. (e) "Good cause" means any circumstances which, in the opinion of the Commissioner, would prevent a reasonably prudent individual in the exercise of due diligence from timely filing his or her complaint.Conn. Agencies Regs. § 31-51qq-43