The Mashantucket Pequot Family and Medical Leave Law (MFML Law) provides leave and workplace protections to eligible employees of the Mashantucket Pequot Tribe (Tribe) who require time away from work to attend to family or medical issues.

Depending on the reason for the qualifying leave, an eligible employee of the Tribe may receive 12, 14, or 26 workweeks of unpaid leave during a 12-month period, specifically:

1. 12 workweeks of leave for one or more of the following reasons:
   • (1) the birth or placement (adoption or foster care) of a child and care for the child within the first year after birth or placement,
   • (2) the care of a family member with a qualifying serious health condition,
   • (3) the employee’s own qualifying serious health condition,
   • (4) organ or bone marrow donation, or
   • (5) a military qualifying exigency related to a family member’s foreign deployment;
2. An additional 2 workweeks of continuous leave for the employee’s own qualifying serious health condition; and
3. 26 workweeks of leave for an eligible employee who is a family member or next of kin of a current or veteran covered servicemember with a serious injury or illness to care for the covered servicemember. The combined total leave under the MFML Law in a 12-month period may not exceed 26 weeks.

Certain job protections are provided to employees who take leave under the MFML Law. During the leave, the employer must maintain group health insurance benefits on the same terms as if the employee was not on leave. At the end of the leave time, most employees are entitled to return to their original positions, or an equivalent position. 

An employer is prohibited from interfering with or denying an employee’s Mashantucket Pequot Family and Medical Leave Law rights, or retaliating against someone for exercising their rights or opposing an unlawful practice. An employee who believes their rights under the MFML Law have been violated may file a claim with the Mashantucket Employment Rights Office (MERO) within 180 calendar days of the event believed to be a violation of the MFML Law.

A Tribal employer may offer greater benefits than those required by the MFML Law, through policies or a collective bargaining agreement negotiated with a union representing employees. Such additional benefits are not enforceable through the MFML Law, and any questions about possible additional benefits should be addressed to your employer’s human resource department or, if applicable, your union.

There is a lot to share about the Mashantucket Pequot Family and Medical Leave Law. These FAQs are intended to provide general information about the MFML Law and regulations. The FAQs are organized by category to make it easier to find the information of interest. Within each category, there may be one or more questions.

The FAQs do not address every question or every aspect of the MFML Law, and there is no substitute for reading the law and regulations. While the Mashantucket Employment Rights Office (MERO) makes every effort to share accurate information, if there is information in these FAQs that is different than the MFML Law or regulations, the MFML Law and/or regulations control.

Depending on your question, there may be any number of sources for additional information, including your employer’s human resource department, your union (if applicable) and the Mashantucket Employment Rights Office (MERO). The law, regulations and additional information about the MFML Law may be found on the MERO website, MERO.mptn-nsn.gov.

If you believe your rights under the MFML Law have been violated and you wish to file a claim, please contact the Mashantucket Employment Rights Office (MERO) at 860-396-6508 or MERO@mptn-nsn.gov. Any claim you wish to file must be filed with the MERO within 180 calendar days of the event you believe was a violation of the MFML Law.

Generally, entities of the Mashantucket Pequot Tribe that have employees on the Tribe’s reservation are covered employers that must provide Mashantucket Pequot Family and Medical Leave benefits. Wholly owned tribal enterprises and organizations that do not have a principal place of business or are not headquartered on the Tribe’s reservation are not required to provide Mashantucket Pequot Family and Medical Leave benefits.

Employees of a covered Tribal employer are eligible for leave if they meet the eligibility criteria associated with the reason for the leave requested:

1. To be eligible for leave under the MFML Law for the employee’s own serious health condition or to provide an organ or bone marrow donation, the employee must have been employed by the Tribe for 6 consecutive months. Twenty-six weeks is considered equivalent to 6 months.
2. To be eligible for all other leave under the MFML Law, the employee must have been employed by the Tribe for at least 12 months and at least 1,250 hours of service during the 12-month period immediately prior to the start of the leave. Fifty-two weeks is considered equivalent to 12 months. The 12 months need not be consecutive, but generally an employer is not required to consider any employment more than 7 years prior to the most recent date of hire. Generally, the 1,250 hours includes only hours worked, and does not include paid or unpaid leave.
3. Time in service and hours of service are determined as of the date leave under the MFML Law is to start according to the employee’s request.
4. Military service under USERRA (Uniformed Services Employment and Reemployment Act) is counted toward the time in service and hours of service requirements.
5. Spouses employed by the Tribe who are otherwise eligible for leave under the MFML Law each receive their full leave entitlement regardless of the qualifying reason for taking leave.

Yes, eligibility is determined based on the date your leave begins, so the start date must be a date on or after you are eligible for leave under the MFML Law, but the request may be submitted before you become eligible.

Generally, the leave under the MFML Law is unpaid. However, the employer may require, or you may request, that your accrued, paid leave time be applied to the leave. If paid leave is applied, the paid leave would cover the same dates as the leave under the MFML Law. Use of paid leave under the MFML Law does not extend the unpaid leave period under the MFML Law.

An employee may not be required to use all their accrued leave. An employee may choose to keep up to two (2) weeks of their accrued, paid leave time. If applicable, the employer may determine which type of accrued paid leave time may be retained.

The reasons an eligible employee may take leave and the amount of leave that may be taken under the MFML Law for each reason (12, 14 or 26 workweeks) during a 12-month period are explained below. Please see Section B, Employer Coverage, to determine if you work for a Tribal employer who is required to comply with the MFML Law, and Section C, Employee Eligibility, to determine if you meet the eligibility requirements for the leave you are interested in taking.

1. 12 workweeks of leave for one or more of the following reasons:
   • (1) For birth of a child, and to care for the newborn child during the first 12 months after birth;
   • (2) For placement with the employee of a child for adoption or foster care, and to care for the newly placed child during the first 12 months after placement;
   • (3) Because the employee is needed to care for the employee’s family member with a serious health condition;
   • (4) Because of a serious health condition that makes the employee unable to perform the essential functions of the employee’s job;
   • (5) To donate an organ or bone marrow, or
   • (6) Because of any qualifying exigency arising out of the fact that the employee’s family member is a military member on or notified of an impending covered active duty deployment to a foreign country.
2. An additional 2 workweeks of leave for the employee’s own qualifying serious health condition under the following conditions:
   • (1) The eligible employee has exhausted their 12 workweeks of leave under Subsection a, above;
   • (2) The eligible employee has a serious health condition that makes the employee unable to perform the functions of their position and for which the employee requires additional leave; and
   • (3) The additional leave time is taken on a continual basis, meaning that the additional leave time may not be taken on an intermittent or reduced schedule basis.
3. 26 workweeks of leave for an employee who is a family member or next of kin of a current or veteran covered servicemember with a serious injury or illness to care for the covered servicemember.

   During the 12-month period beginning on the first day of servicemember caregiver leave, the eligible employee is entitled to a combined total of 26 workweeks of leave for any qualifying reasons; however, the employee is entitled to no more than 14 workweeks of leave for their own serious health condition under Subsections a and b, above, and 12 workweeks of leave for the other qualifying reasons in Subsection a, above. The combined total leave in a 12-month period may not exceed 26 weeks.

Family member is defined in the MFML Law as a spouse, child, grandchild, parent, grandparent or sibling. Below are the definitions for an eligible employee’s family members, which applies to all leaves under the MFML Law except military caregiver leave. For the definitions of a covered servicemember’s family members, see Section 3 below.

1. Spouse means a party to a marriage or a partner of a civil union where the marriage or civil union is legal in the jurisdiction in which it was performed.
2. Child (of any age) means your biological, adopted, or foster child, stepchild, Tribal Member Dependent Child*, legal ward, or in the alternative, a child to whom you stand in loco parentis** currently or stood in loco parentis** when the individual was under the age of 18.
3. Grandchild means a grandchild related to an individual by blood, marriage, adoption by a child of the grandparent, foster care by a child of the grandparent, or as a Tribal Member Dependent Child* of a child of the grandparent.
4. Parent means your or your spouse’s biological parent, adoptive parent, stepparent, foster parent, parent-in-law, or legal guardian, or an individual standing in loco parentis** to you currently or when you were under the age of 18.
5. Grandparent means a grandparent related to an individual by blood, marriage, adoption of a minor child by a child of the grandparent, foster care by a child of the grandparent, or as a Tribal Member Dependent Child* of a child of the grandparent.
6. Sibling means your or your spouse’s biological sibling, half-sibling, step-sibling, adopted sibling, foster sibling, sibling-in-law, or Tribal Member Dependent Child* sibling.

* Tribal Member Dependent Child means a person who is not a member of the Mashantucket Pequot Tribal Nation (MPTN) who was in the custody and care of a member of MPTN and resided in the household of the Tribal Member as a member of their family for at least 7 years on or before reaching the age of 18 as provided in Title 46, M.P.T.L.

**In loco parentis includes, but is not limited to, persons with day-to-day responsibilities to care for or financially support a child or, in the case of an eligible employee, who had such responsibility for the employee when the employee was under the age of 18. A biological or legal relationship is not necessary.

Family member is the covered servicemember’s spouse, child, grandchild, parent, grandparent or sibling. The covered servicemember’s next of kin is the nearest blood relative other than a “family member.”

1. Spouse means a party to a marriage or a partner of a civil union where the marriage or civil union is legal in the jurisdiction in which it was performed.
2. Child (of any age) means the servicemember’s biological, adopted, or foster child, stepchild, Tribal Member Dependent Child*, legal ward, or in the alternative, a child to whom the servicemember stands in loco parentis** currently or stood in loco parentis** when the individual was under the age of 18.
3. Grandchild means a grandchild related to the servicemember by blood, marriage, adoption by the servicemember’s child, foster care by the servicemember’s child, or as a Tribal Member Dependent Child* of the servicemember’s child.
4. Parent means the servicemember’s biological parent, adoptive parent, stepparent, foster parent, parent-in-law, or legal guardian, or an individual standing in loco parentis** to the servicemember currently or when the servicemember was under the age of 18.
5. Grandparent means a grandparent related to the servicemember by blood, marriage, adoption of the servicemember by a child of the grandparent, foster care of the servicemember by a child of the grandparent, or the servicemember is a Tribal Member Dependent Child* of a child of the grandparent.
6. Sibling means the servicemember’s biological sibling, half-sibling, step-sibling, adopted sibling, foster sibling, sibling-in-law, or Tribal Member Dependent Child* sibling.
7. Next of kin is the covered servicemember’s nearest blood relative other than a “family member,” in the following order of priority:
   • (1) The covered servicemember has specifically designated in writing (a) a blood relative as their nearest blood relative or (b) another individual whose close association with the covered servicemember is the equivalent of a family member for purposes of military caregiver leave,
   • (2) Blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions,
   • (3) Aunts and uncles, and
   • (4) First cousins.

* Tribal Member Dependent Child means a person who is not a member of the Mashantucket Pequot Tribal Nation (MPTN) who was in the custody and care of a member of MPTN and resided in the household of the Tribal Member as a member of their family for at least 7 years on or before reaching the age of 18 as provided in Title 46, M.P.T.L.

**In loco parentis includes, but is not limited to, persons with day-to-day responsibilities to care for or financially support a child or, in the case of a covered servicemember, who had such responsibility for the covered servicemember when the servicemember was under the age of 18. A biological or legal relationship is not necessary.

Yes, under the MFML Law, if you give notice of the need for qualifying leave for a family member or a servicemember for whom you are the next of kin, the employer may ask you to provide a simple statement signed by you that verifies your relationship to the individual for whom you seek leave. If you prefer, you may use the Verification of Relationship form available on the MERO website, MERO.mptn-nsn.gov.

No, there is no requirement that you be related to the individual to whom you donate an organ or bone marrow in order to be eligible for leave under the MFML Law.

Whether you may take leave intermittently (separate blocks of time) or by reducing your work schedule depends on the type of leave you take.

Under the MFML Law, your employer may transfer you temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than your regular job only when the leave is foreseeable based on planned medical treatment, including recovery therefrom. The job does not have to have equivalent duties, but must have equivalent pay and benefits. 

Additionally, your employer may temporarily transfer you to a part-time job with the same rate of pay and benefits so long as you are not required to take more leave than is medically necessary.

If an employee is taking intermittent leave, under the MFML Law, the leave increments are calculated as fractions of workweeks, not as hours. For example, if an employee works 35 hours per week and takes 7 hours of leave, that counts as 1/5 of a workweek. If an employee works 48 hours per week and takes 8 hours of leave, that would be 1/6 of a workweek.

An employer may deduct mandatory overtime hours that an employee does not work due to leave under the MFML Law from the employee’s leave entitlement. Voluntary overtime hours that an employee does not work due to leave under the MFML Law cannot be deducted from an employee’s leave entitlement.

In addition to leave that may be taken if the expectant mother has a serious health condition, an expectant mother may take leave under the MFML Law for prenatal care or incapacity related to pregnancy even if treatment is not provided by a health care provider during the absence. A spouse may also take leave under the MFML Law to care for their spouse who is incapacitated due to pregnancy or childbirth.

Yes, leave under the MFML Law is available if an absence from work is required for the placement for adoption or foster care to proceed, such as attendance at required counseling sessions, court proceedings, or legal or medical appointments.

Either parent has the same right to take leave under the MFML Law to bond with a newborn or newly placed child. The 12 weeks of leave time may be taken during the 12-month period following the date of birth or placement of the child.

Bonding leave under the MFML Law may be taken on an intermittent or reduced schedule leave basis only if the employer agrees.

A serious health condition under the MFML Law is an illness, injury, impairment, or physical or mental condition which involves:

1. Inpatient care (overnight stay in a hospital, hospice, nursing home or residential care facility) or subsequent treatment related to the inpatient care;
2. Incapacitation of more than 3 consecutive calendar days plus
   • (1) Two in person or telemedicine visits with a health care provider where the first visit is within 7 days of the first day of incapacity and the second visit is within 30 days of the first day of incapacity; or
   • (2) One in person or telemedicine visit with a health care provider within 7 days of the first day of incapacity and a regimen of treatment, such as prescription medication or physical therapy;
3. Any period of incapacity because of pregnancy or prenatal care. A doctor’s visit at the time of each absence is not required;
4. Any period of incapacity, or treatment for such incapacity, due to a chronic serious health condition, such as diabetes, asthma, migraine headaches or epilepsy. A chronic serious health condition requires at least 2 in person or telemedicine visits with a health care provider per year and continues or recurs over an extended period of time;
5. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective, but which requires the continuing supervision of a health care provider, such as Alzheimer’s disease or the terminal stages of cancer;
6. Multiple treatments, such as restorative surgery after an accident or other injury; or the likelihood of a period of incapacity of more than 3 consecutive calendar days if the patient did not receive the medical intervention or treatment, such as cancer (chemotherapy, radiation), severe arthritis (physical therapy) or kidney disease (dialysis).

Health care provider is broadly defined under the MFML Law and may include health care professionals other than doctors. For example, nurses, physician's assistants, optometrists, chiropractors, social workers and certain Christian Science practitioners are considered health care providers under the MFML Law. A health care provider must be authorized to practice by the jurisdiction in which they practice and the services they perform must be within the scope of their authorized practice.

No, leave under the MFML Law for your own serious health condition is available for those periods when you are unable to work at all or unable to perform one or more essential functions of your position, which includes absences from work to receive medical treatment for your serious health condition.

Substance abuse may be a serious health condition for which leave under the MFML Law may be taken for treatment of the employee or a family member. However, leave may not be taken for engaging in substance abuse and an employer may take action against an employee who violates employer policies surrounding substance abuse.

Being needed to care for a family member under the MFML Law encompasses both physical and psychological care. You do not need to be the only individual available to help the family member.  Care includes helping with basic medical, hygienic, nutritional or safety needs and filling in for others who normally provide care.

Additionally, being needed to care for a family member includes situations where you may be needed to fill in for others who are caring for the family member or to arrange for changes in care. The need for intermittent leave to care for a family member includes not only a situation where the family member's condition itself is intermittent, but also where the employee is only needed intermittently.

Eligible employees may take leave under the MFML Law because of a qualifying exigency arising out of the fact that the employee’s family member is:

1. A member of the U.S. Armed Forces (Army, Navy, Marine Corps, Coast Guard and Air Force) on or notified of an impending covered active duty deployment to a foreign country or
2. A member of the Reserve components of the U.S. Armed Forces (National Guard or Reserves) on or notified of an impending covered active duty deployment to a foreign country under a Federal call or order in support of a contingency operation.

Qualifying exigency leave under the MFML Law may be taken to attend to a broad list of common issues that arise when a covered military member is deployed, including the following:

1. Short notice of deployment. If the military member’s notification occurs less than 7 days prior to deployment, the employee may take leave during the 7 day period after the military member’s notification to address any issues arising from the short notice.
2. U.S. Military events and related activities. When related to the military member’s covered active duty deployment, leave may be taken to attend a ceremony, event or program sponsored by the U.S. military, or family support or assistance programs, or informational briefings by the U.S. military, military service organizations or the American Red Cross.
3. Childcare and school activities for the military member’s child who is under age 18 or incapable of self-care. When related to, and needed as a result of, the military member’s covered active duty deployment, leave may be taken for activities such as arranging for alternative child care, providing childcare on an urgent, immediate need short-term basis, attending child-related childcare or school meetings, or enrolling in or transferring a child to another school or care facility.
4. Financial and legal arrangements. Leave may be taken to make or update financial arrangements to account for the military member’s absence or to act as a representative of the military member to obtain, arrange or appeal military service benefits.
5. Counseling. Leave may be taken to attend counseling that is not conducted by a health care provider. The counseling must arise from the deployment and may be for the military member, the military member’s minor child or child incapable of self-care, or the employee.
6. Rest and Recuperation. Up to 15 calendar days of rest and recuperation leave may be taken each time a military member is on temporary leave during a deployment.
7. Post-deployment activities. For up to 90 days after the end of the military member’s covered active duty, leave may be taken to attend arrival ceremonies, reintegration briefings and other official ceremonies and programs or to address the death of the military member while on active duty, such as meeting the body, making funeral arrangements and attending the funeral.
8. Care for a military member’s parent who is incapable of self-care. When related to, and needed as a result of, the servicemember’s covered active duty deployment, leave may be taken to arrange for alternative care, provide care on an urgent, immediate need short-term basis, attend care-related meetings or admit or transfer the parent to a care facility.
9. Additional activities as agreed by the employer. If the employer and employee agree that leave would be for a qualifying exigency and agree on the timing and duration of leave, leave may also be taken for other events that arise as a result of a military member’s deployment.

Under the MFML Law, an employee must provide notice of the need for qualifying exigency leave as soon as practicable, regardless of how far in advance such leave is foreseeable. Generally, notice should be provided the same day or the next business day. When the need for leave is unforeseeable, an employee must comply with an employer’s normal notice procedures unless there are unusual circumstances.

An employee does not need to specifically assert his or her rights under the MFML Law, or even mention the MFML Law, when providing notice. The employee must provide sufficient information to make the employer aware of the need for leave under the MFML Law and the anticipated timing and duration of the leave.

A covered servicemember for purposes of military caregiver leave may be a current servicemember or veteran servicemember as follows:

1. Current covered servicemember is a current member of U.S. Armed Forces, including the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status (the status of a servicemember assigned to either a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the U.S. Armed Forces receiving medical care as outpatients), or is otherwise on the temporary disability retired list, for a serious injury or illness, or
2. Veteran covered servicemember is a veteran who is undergoing medical treatment, recuperation or therapy, for a serious injury or illness and who was discharged or released from the United States Armed Forces under conditions other than dishonorable at any time during the 5 year period preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy.

The definition of a serious injury or illness for purposes of military caregiver leave depends on whether the covered servicemember is a current or veteran servicemember.

1. Current covered servicemember. A “serious injury or illness” in the case of a current covered member of the U. S. Armed Forces, including a member of the Reserve components of the U.S. Armed Forces, is an injury or illness that was incurred by the covered servicemember in the line of duty on active duty in the U.S. Armed Forces or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty in the U.S. Armed Forces and that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank, or rating.
2. Covered veteran. A “serious injury or illness” in the case of a covered veteran, is an injury or illness that was incurred by the member in the line of duty on active duty in the U.S. Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the U.S. Armed Forces) and manifested itself before or after the member became a veteran, and is:
   • (1) A continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the U.S. Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; or
   • (2) A physical or mental condition for which the veteran has received a U.S. Department of Veteran’s Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or
   • (3) A physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or
   • (4) An injury, including a psychological injury, on the basis of which the veteran has been enrolled in the U.S. Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

Being needed to care for a servicemember under the MFML Law encompasses both physical and psychological care. You do not need to be the only individual available to help the covered servicemember.  Care includes helping with basic medical, hygienic, nutritional or safety needs and filling in for others who normally provide care.

Additionally, being needed to care for a servicemember includes situations where you may be needed to fill in for others who are caring for the servicemember or to arrange for changes in care. The need for intermittent leave to care for a servicemember includes not only a situation where the servicemember’s condition itself is intermittent, but also where the employee is only needed intermittently.

Yes, under the MFML Law, the military caregiver leave entitlement is “per-servicemember, per-injury.” An eligible employee may take 26 workweeks of leave to care for one covered servicemember in a “single 12-month period,” and then take another 26 workweeks of leave in a different “single 12-month period” to care for a second servicemember or to care for the first servicemember if they have suffered another serious injury or illness.  In any given “single 12-month period,” if the employee does not use the entire 26 workweeks of military caregiver leave, the remainder is forfeited.

Under the MFML Law, an eligible employee is entitled to a combined total of 26 workweeks of military caregiver leave and leave for any other MFML Law-qualifying reason in a single 12-month period; however, the employee may not take more than 12 or 14 workweeks of leave, as applicable, for other MFML Law-qualifying reasons during this period. For example, in a single 12-month period an employee could take 12 weeks of leave under the MFML Law to care for a newborn child and 14 weeks of military caregiver leave, but could not take 16 weeks of leave to care for a newborn child and 10 weeks of military caregiver leave.

For military caregiver leave that also qualifies as leave taken to care for a family member with a serious health condition under the MFML Law, the employer must designate the leave as military caregiver leave first.  The leave may not be counted twice by the employer; in other words, while the employee is taking military caregiver leave, that leave time may not also be counted against the employee’s entitlement for care of a family member with a serious health condition. 

A certification supporting a request for leave under the MFML Law may be required under the following circumstances:

1. Serious Health Condition. Your employer may require a medical certification to support a request for leave based on your serious health condition or your family member’s serious health condition.
2. Qualifying Exigency. Your employer may require that your need for leave because of a qualifying exigency when a military family member is on or notified of an impending covered active duty deployment to a foreign country be supported by a certification.
3. Military Caregiver. Your employer may require that your need for military caregiver leave be supported by a certification; provided that
   • (1) An employee called to a servicemember’s bedside due to a catastrophic injury under an invitational travel order (ITO) or invitational travel authorization (ITA) need only supply the ITO or ITA for the duration of the order or authorization;
   • (2) Enrollment by a veteran in the U.S. Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers must be accepted by the employer as certification of the servicemember’s serious injury or illness.
4. Organ or Bone Marrow Donation. Your employer may require a certification to support your organ or bone marrow donation.

The information an employer may obtain from an employee depends on the type of certification under the MFML Law. Employers may not ask questions beyond those permitted by the Law and the MERO’s regulations. Although employers are not required to use the certification forms made available by the MERO, the MERO’s certification forms reflect only the information the employer is permitted to seek. The MERO’s certification forms are available on the MERO website, MERO.mptn-nsn.gov.

Generally, the certifications include requests regarding the substantiation for the need for leave, such as the medical facts that support leave due to a serious health condition, as well as when the leave is anticipated to occur, the duration, and substantiation for any intermittent or reduced schedule requests.

If the medical certification is for the employee’s own serious health condition, the employer may provide a statement of essential functions of the employee’s position, in which case to be sufficient, the medical certification must specify the functions of the position the employee is unable to perform.

Your employer should request the medical certification within 5 business days after you give notice of the need for leave under the MFML Law for your own or a family member’s serious health condition, or for a servicemember’s serious injury or illness.  Or, if the leave is unforeseen, your employer should request the medical certification within 5 business days of the start of the leave.

Your employer may request certification or recertification of a serious health condition at a later date or if they have reason to question the appropriateness or duration of leave. An employer may not request recertification of the serious injury or illness of a servicemember.

Your employer must allow you at least 15 calendar days from the date you receive the certification form to return the completed form to the employer. If 15 days is not practical despite your diligent, good faith efforts, and you have notified your employer that you will need more time, under the MFML Law, the employer must grant an extension.

No, you are not required to give your employer medical records or sign or secure a medical release or waiver to support a request for leave under the MFML Law.  However, your employer may require you to provide a medical certification containing sufficient medical facts to establish that you or your family member for whom you seek leave has a serious health condition or the servicemember for whom you seek military caregiver leave has a serious injury or illness.

Your employer must advise you in writing that the certification you provided is incomplete or insufficient and what additional information is needed. The employer must allow you a reasonable opportunity of at least 7 calendar days to fix the certification.  If 7 calendar days is not practical under the circumstances despite your diligent good faith efforts, and you have notified the employer of the need for additional time, the employer must provide you additional time to cure the deficiency.

1. Incomplete means that one or more of the applicable entries have not been completed by the health care provider.
2. Insufficient means that the certification is filled out, but the information provided is vague, ambiguous, or non-responsive. If the certification is in support of the employee’s own serious health condition and the employer provided a statement of essential functions of the employee’s position, to be sufficient, the medical certification must include specification of the functions of the position the employee is unable to perform.

If your employer believes the medical certification is deficient, you must first be given an opportunity to cure the defect. Under the MFML Law, it is your responsibility to produce a complete and sufficient certification and to clarify the certification if necessary.

If you are unwilling or unable to cure the defect, the employer may, through a health care provider, a human resource professional, a leave administrator, or a member of management, contact the health care provider to seek authentication or clarification. An employer may seek authentication or clarification with respect to a medical certification for yourself, or a medical certification for a family member or a servicemember for whom you are seeking to take leave.

Due to health care information privacy rules, you may be asked to sign an authorization for the health care provider to provide information to the employer. The employer may not request additional medical information from the health care provider. The employer may not have your direct supervisor contact your health care provider.

1. Authentication means providing the health care provider with a copy of the certification and requesting verification that the information contained on the certification form was completed or authorized by the health care provider who signed the document.
2. Clarification means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of a response. The employer must obtain the employee’s permission in order to seek clarification.

If you do not grant permission for your employer to seek clarification, you must obtain the clarification yourself and provide it to your employer. It is your responsibility to provide sufficient medical facts to establish the serious health condition, and if you do not, your employer could deny your request for leave under the MFML Law. 

Generally, an employer may ask for recertification of a serious health condition of the employee or family member under the MFML Law no more often than every 30 days, and only in connection with an absence by the employee. If the condition is certified as having a minimum duration longer than 30 days, the employer may not be permitted to request recertification until the specified period has expired, except that in all cases, an employer may request recertification of a serious health condition every 6 months.

An employer may not request recertification of the serious injury or illness of a covered servicemember.

Under the MFML Law, an employer may ask for recertification of the serious health condition of the employee or family member, as applicable, in less than 30 days:

1. If the employee requests an extension;
2. If the circumstances of the leave have changed significantly; or
3. If the employer receives information that casts doubt on the employee’s stated reason for the absence or the continued validity of the certification.

An employer may not request recertification of the serious injury or illness of a covered servicemember.

An employer may require a second or third medical opinion (at the employer’s expense) under the MFML Law if they have reason to doubt the validity of the initial medical certification that was submitted to support the serious health condition of the employee or family member, or the serious injury or illness of a covered servicemember, except in the following circumstances:

1. If a servicemember’s initial medical certification is completed by any of the following: a U.S. Department of Defense health care provider, a U.S. Department of Veterans Affairs health care provider, a U.S. DOD TRICARE network authorized private health care provider or a U.S. DOD non-network TRICARE authorized private health care provider.
2. If a servicemember is enrolled in the U.S. Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

When an employer has sufficient information that the leave is being taken for a qualifying reason, the employer is obligated to designate the leave as leave under the MFML Law. An employee cannot decline having the MFML Law applied to their leave if they are out for an MFML Law-qualifying reason.

Yes, an employer who fails to timely designate leave as leave under the MFML Law may retroactively do so, so long as retroactive designation of leave does not cause harm or injury to the employee. An employee might be harmed, for example, where they could have arranged for an alternate leave schedule had the employer designated the leave in a timely manner. If an employee is harmed by an employer’s failure to timely designate the employee’s leave, then the employer may be liable for interference under the MFML Law.

Yes, if you are enrolled in the employer’s group health insurance plan, coverage must be maintained during your leave under the MFML Law as if you were not on leave. Any share of group health plan premiums paid by you prior to your leave under the MFML Law must continue to be paid by you during your leave. During your leave, any health plan changes made by the employer would apply to you. Similarly, you would be permitted to participate in any open enrollment periods.

No, the employer is not required to provide you with any additional benefits during your leave under the MFML Law; however, if the employer extends any benefits to employees on other types of leaves, those benefits are required to be offered to employees on leave  under the MFML Law on the same terms.

An employer may deny a bonus that is based upon achieving a goal, such as hours worked, products sold or perfect attendance, to an employee who takes leave under the MFML Law (and thus does not achieve the goal) as long as it treats employees taking leave under the MFML Law the same as employees taking other types of leave. For example, if an employer does not deny a perfect attendance bonus to employees using vacation leave, the employer may not deny the bonus to an employee who used vacation leave for a MFML Law-qualifying reason.

If the employer has a policy that prohibits employees from working a second job, they may follow the policy during an employee’s leave under the MFML Law. If the employer does not have a policy prohibiting the employee from having a second job, then the second job must be consistent with any certification required for the leave under the MFML Law. 

Yes, under the MFML Law, if the employee has been absent due to the employee’s own serious health condition, the employee may be required to submit a certification from their health care provider that they are able to return to work, but only if the employer notified the employee of the fitness-for-duty certification requirements in the MFML Law Designation Notice.

The employer may delay job restoration until the employee provides the certification. If the employee never provides the certification, or a new medical certification for a serious health condition for the continuation of available leave, the employee may be denied reinstatement under the MFML Law.

Upon return from leave under the MFML Law (whether after a continuous leave or an instance of intermittent leave), in most cases, your employer must return you to the same job you had when leave began. An employee is entitled to such reinstatement even if the employee has been replaced or their position has been restructured to accommodate the employee’s absence.

If the original position is not available, the employer must restore the employee to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment, if such position is available. An equivalent position must:

1. Offer the same shift or general work schedule;
2. Involve the same or substantially similar duties, responsibilities and status;
3. Include the same general level of skill, effort, responsibility and authority; and
4. Offer the same pay and opportunity for bonuses, profit-sharing and other discretionary or non-discretionary payments.

In certain circumstances, an employer is not required to reinstate an employee at the end of their leave under the MFML Law, including the following:

1. An employee has no greater rights than if they had been actively employed during their leave, which means that if, for example, the employee’s entire department was eliminated during the time the employee was out on leave, the employee may not be entitled to reinstatement.
2. If the employee took leave for their own serious health condition and upon the expiration of the employee’s leave entitlement the employee was not able to perform the essential functions of their position, the employee is not required to be reinstated.
3. If the employee engaged in fraud related to taking leave, no reinstatement is available.
4. If the employee is a highly compensated employee whose reinstatement would cause the company substantial and grievous economic harm, the employee may not be required to be reinstated. A highly compensated employee is a salaried employee who is among the highest paid ten percent (10%) of the employees employed by the employer.
5. If an employee gives unequivocal notice of the intent not to return to work after leave has ended, the employee is not required to be reinstated. An employee’s indication that they wish to return to work but may be unable to return is not notice of an intent not to return to work.

Upon your return to work, benefits must be restored on the same terms and at the same levels as when you began your leave under the MFML Law, subject to any changes that occurred during your leave that affected the entire work unit. Benefits accrued at the time leave began (except for any paid leave time that was substituted for unpaid leave under the MFML Law) also must be made available. You would not, however, be entitled to any accruals of benefits or seniority during the leave period unless your employer’s policy provides for such accruals for employees on unpaid leave.

An employer cannot require you to take more leave under the MFML Law than necessary. Once you provide notice of the intent to return to work (and any fitness-for-duty certification, if applicable and required), generally the employer must return you to work within 2 business days.

1. If your leave is foreseeable, meaning that you know ahead of time that you will need leave, you must provide 30-days advance notice of the need to take leave under the MFML Law if such notice is practical. Examples of foreseeable leave might be when leave is requested based on an expected birth or a scheduled surgery for a serious health condition.
2. If your leave is not foreseeable, or your need for leave becomes known to you less than 30 days in advance, you must provide notice as soon as practical under the circumstances, which generally would be the same day you know you have a need for leave, or the following business day.

Unless there are unusual circumstances, you must comply with the employer’s usual and customary notice and procedural requirements for requesting leave. 

You need to provide the employer with enough information so the employer can reasonably determine whether the MFML Law may apply to the leave request. Some examples of information that would be appropriate for an employee to share include that the employee is incapacitated due to pregnancy, was hospitalized overnight, is unable to perform the functions of their job, and/or that the employee or the employee’s qualifying family member is under the continuing care of a health care provider. 

If the employer does not have enough information about the reason for an employee’s use of leave, the employer must ask for additional information to determine whether the leave is potentially MFML Law-qualifying.

If you are seeking leave for a MFML Law-qualifying reason for the first time, you need not expressly ask for leave under the MFML Law but you must give the employer enough information to figure out that there may be a qualifying reason for leave.

When an employee has already been granted leave under the MFML Law, the employee must specifically reference the leave under the MFML Law when calling or reporting out for that leave.

Yes, for leave under the MFML Law, an employee must follow the employer’s policy or practice when notifying the employer that they are taking leave. If circumstances prevent following the employer’s notice requirements, the employee must provide notice as soon as is practical.

If an employee fails to give timely notice of their need for leave, the employee’s request for leave under the MFML Law may be delayed or denied. For example, if an employee fails to give 30 days’ notice for foreseeable leave with no reasonable excuse for the delay, the employer may delay the leave until 30 days after the date the employee provides notice to the employer of the need for leave. The employee also may be subject to whatever discipline the employer’s rules provide for failing to comply with the employer’s procedural requirements for requesting leave.

Yes, upon hire, employees of covered employers (see Section B, above) are required to receive a general notice explaining MFML Law entitlements, employee obligations, and the procedures of filing complaints of alleged violations of the MFML Law with the Mashantucket Employment Rights Office (MERO). If the employer provides any written guidance to employees concerning employee benefits or leave rights, such as an employee handbook or other written guidance, the employer should include the information within those documents. Employers may distribute the general notice electronically.

Yes. MFML Law-covered employers (see Section B, above) must provide employees with written notices of eligibility. An eligible employee must receive written notice of their rights and responsibilities detailing the specific expectations and obligations of the employee while on leave, and any consequences of a failure to meet these obligations. An employer must provide the notices within a reasonable time after notice of the need for leave is given by the employee, but no later than 5 business days where feasible. Employers are also expected to be responsive to employee questions about their rights and responsibilities.

Generally, an employer is required to notify an employee in writing of their eligibility to take leave under the MFML Law (and, if not, at least one reason why the employee is ineligible) within 5 business days of the employee’s request or of learning that an employee’s leave may be for a MFML Law-qualifying reason. The employer may ask for additional information in order to make a final decision as to whether the request is approved.

Unless there are extenuating circumstances, within 5 business days of receiving sufficient information to make a determination, an employer must notify an employee in writing whether leave will be designated as approved or unapproved leave under the MFML Law. When leave under the MFML Law is approved, this designation notice must also state whether paid leave will be substituted for unpaid leave under the MFML Law, whether the employer will require the employee to provide a fitness-for-duty certification to return to work, and the number of hours, days or weeks that will be counted against the employee’s leave entitlement, if known. When leave under the MFML Law is not approved, the writing must include the reason for the denial.

An employer must observe any employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established by the MFML Law. Conversely, the rights established by the MFML Law may not be diminished by any employment benefit program or plan. For example, a provision of a collective bargaining agreement that provides for reinstatement to a position that is not equivalent because of seniority (e.g., provides lesser pay) is superseded by the MFML Law.

Yes, the MFML Law prohibits employers from:

1. Interfering with, restraining, or denying the exercise of any rights provided by the MFML Law. Examples include, but are not limited to, improperly refusing to authorize leave under the MFML Law or discouraging employees from using such leave.
2. Disciplining, discharging, discriminating, or retaliating against any individual for opposing or complaining about any unlawful practice, or because of involvement in any proceeding related to the MFML Law. Examples include, but are not limited to, failing to provide the same benefits to employees on leave under the MFML Law as those provided to similarly-situated employees on other leaves, using leave under the MFML Law as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, or counting leave under the MFML Law under an employer’s attendance policy.

Contact the Mashantucket Employment Rights Office (MERO), even if you are not certain if you have the basis for a claim. The MERO is an agency of the Mashantucket Pequot Tribal Nation that administers certain Tribal laws, including the Mashantucket Pequot Family and Medical Leave Law. The MERO may assist you in determining if you have a claim under the MFML Law. Claim forms are available on the MERO website, MERO.mptn-nsn.gov or by contacting the MERO.

To be timely, any claim must be filed within 180 calendar days of the event claimed to be in violation of the MFML law.

A claim may be filed with the agency that administers the Mashantucket Pequot Family and Medical Leave Law, the Mashantucket Employment Rights Office (MERO). Claim forms are available on the MERO website at MERO.mptn-nsn.gov.  

Generally, no. If you believe you were suspended or discharged in violation of the MFML Law and you wish to challenge the employer’s action, you must choose a single path, either under Title 8, M.P.T.L. or the MFML Law. If you receive a Board of Review decision or arbitration award under Title 8 and then file a claim under the MFML Law, the MFML Law claim will be dismissed. 

Generally, the following steps take place:

1. The MERO notifies the employer of the claim.
2. A mandatory conciliation conference conducted by the MERO Director takes place within about 21 days.
3. If the conciliation process resolves the claim, the resolution is put in writing and signed by the employee and employer, both of which are bound to the agreement.
4. If the conciliation process does not resolve the claim within about 90 business days, the MERO Director issues a Right to Sue notice, which means that the MERO stops processing the case and the claimant may take their claim to the Tribal Court. Under certain circumstances, a claim may be dismissed earlier by the MERO.
5. To be timely, any claim filed in Tribal Court must be filed within 2 years of the employer action believed to be a violation (or 3 years if the violation is willful).

No, the Mashantucket Employment Rights Office (MERO) does not represent any individuals or companies and does not provide attorneys. An attorney is not necessary for an individual to file or pursue a claim under the MFML Law, but any party to a case may hire an attorney of their choice at their cost to represent them in a MERO proceeding at any time. 

No, under the MFML Law, you must file your claim with the Mashantucket Employment Rights Office (MERO) first. To be timely, any claim must be filed with the MERO within 180 calendar days of the action believed to be a violation. 

The Mashantucket Employment Rights Office (MERO) is located at the Mashantucket Pequot Museum and Research Center.  To make an appointment, please call 860-396-6508 or email uhaerter@mptn-nsn.gov. Additional information is also available on the MERO website, MERO.mptn-nsn.gov.