HR Hotline: Must We Let an Employee Take FMLA Every Summer?

Q: One of our employees takes FMLA every summer to care for a family member. Are we really required to allow it every year?

A: You’re probably not going to love this answer, but if the employee qualifies for leave and provides proper medical certification, then yes—most likely.

This is one of the more frustrating situations employers deal with, especially in industries where summer is already the hardest time to maintain staffing levels.

But under both federal law and Connecticut law, employers generally cannot deny qualifying Family and Medical Leave Act leave simply because it happens at the same time every year or creates operational headaches.

If the employee qualifies, has available leave time remaining, and submits the required documentation, there is often not much an employer can legally do to stop the leave itself.

That said, employers are not powerless here. There are still ways to properly manage the process, ensure compliance, and protect against abuse.

Must Employers Pay Employees on FMLA?

Usually, no—unless they have paid time off in their bank that they’d like to use concurrently with their FMLA leave.

Federal FMLA itself is generally unpaid leave. However, things get more complicated in Connecticut because employers also must think about:

• Connecticut FMLA
• Connecticut Paid Leave
• Connecticut Paid Sick Leave
• PTO and vacation policies

Employees may qualify for wage replacement benefits through the Connecticut Paid Leave Authority while they are out on approved leave.

Those payments generally come from the state program, which is administered by Aflac, not directly from the employer.

Employer Obligations

However, employers should note that they have an obligation to provide information to their employees regarding their potential eligibility for Connecticut Paid Leave and information on how to contact the Paid Leave Authority to access to these benefits.

Employees may also be able to use accrued Connecticut Paid Sick Leave at the same time as FMLA leave if the reason for leave qualifies under both laws.

For example, caring for a family member with a serious health condition may trigger protections under both Connecticut Paid Sick Leave and FMLA.

Employees may also be able to use accrued Connecticut paid sick leave at the same time as FMLA.

However, an employer cannot obligate an employee to use their paid sick leave benefits, it is the choice of the employee.

And while employers can sometimes require employees to use PTO during FMLA leave, that approach requires caution.

Under Connecticut law, employers generally must allow employees to reserve up to two weeks of accrued vacation or PTO and cannot force employees to exhaust that protected balance during FMLA leave.

Do Employers Have to Hold an Employee’s Job Open?

Yes. Under both federal and Connecticut FMLA, employees who take protected leave are generally entitled to return to the same job or an equivalent position once leave ends.

Equivalent usually means:

• Similar pay
• Similar benefits
• Similar schedule
• Similar duties and status

Employers cannot legally punish or terminate employees simply for taking protected leave.

Under very limited circumstances, such as if there are legitimate layoffs or documented performance problems unrelated to the leave, employers may still take action against an employee ranging from discipline to termination.

This is where documentation and consistency become extremely important.

What Employers Can Do

A lot of employers assume they have zero options once an employee requests recurring leave. That is not entirely true.

Employers can still:

• Require complete and timely medical certification
• Request clarification or authentication where the law allows
• Track leave balances carefully
• Enforce normal call out procedures unless impractical (and unless the employee is using Connecticut Paid Sick Leave)
• Request recertification when legally permitted
• Verify that leave qualifies under federal and Connecticut law
• Ensure all required Connecticut paid leave notices are being provided

The key is handling the situation consistently and professionally, not emotionally.

Employers should remember that policy should be applied consistently across the board for all employees.

Exceptions or handling situations differently based on assumptions, frustrated, or operational inconvenience can both set unintended precedent and create legal exposure.

This is important for both HR and managers to keep in mind.

Easier Said Than Done

Employers should avoid unnecessary legal exposure—including beyond the handling of the leave itself—as employee protections do not magically disappear the moment they return to work.

Comments like “must be nice to take summers off, funny how this always happens in June, and we can’t keep covering for you every year,” may feel harmless in the moment, but they can quickly become evidence in an FMLA retaliation claim.

The same goes for sudden discipline, schedule changes, or negative performance reviews immediately after leave requests.

The safer approach is to focus on documentation, policy enforcement, and lawful certification procedures.

Even when employers genuinely suspect abuse, the safer approach is to focus on documentation, policy enforcement, and lawful certification procedures, not assumptions or frustration.

If an employee qualifies for FMLA leave and provides proper medical certification, employers generally must allow the leave, even if it happens every summer and creates real operational challenges.

The smartest approach is careful administration, proper documentation, consistent enforcement of policies, and understanding how Connecticut’s leave laws interact with federal FMLA requirements.

Because in these situations, the issue usually is not whether leave is inconvenient, it is whether the employer handled it lawfully.

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HR problems or issues? Email or call CBIA’s Diane Mokriski or Delmarina López at the HR Hotline (860.244.1900). The HR Hotline is a free service for CBIA member companies and is intended to provide general information and does not constitute legal advice. Please consult with legal professionals for specific guidance for your specific situation.