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Replacement During Medical Leave

Can my employer replace me if I take a medical leave of absence?

Not if your employer is subject to the FMLA.  There are two Family and Medical Leave Acts; one federal and one Connecticut.  The federal law applies to employers of 50 or more employees within 75 miles.  The Connecticut law applies to employers with more than 75 employees.  Both laws prohibit firing an employee who takes a leave of absence due to a ‘serious health condition’ but the lengths of those leaves differ.


The US FMLA allows 12 weeks in a 12 month period.  The Connecticut law allows 16 weeks in a 24 month period.  Theoretically, an employee could take 28 weeks in 2 years and be protected (if the 16 came in the first year and 12 in the second).


You are only protected if your leave is due to a serious health condition of you, your spouse, your children or your parents.  Also, you must have worked for at least one year and worked at least 1,250 hours during that period.

If you win, you get all your economic damages, double liquidated damages and attorneys fees.