Sec. 31-51qq-3. In determining whether an employer is covered by FMLA, what does it mean to employ 75 or more employees on October first annually?

(See 29 CFR § 825.105)

(a) Any employee whose name appears on the employer's payroll for the week including October first shall be considered employed for that week and shall be counted, whether or not any compensation is received for the week.

(b) Employees on paid or unpaid leave, including FMLA leave, leaves of absence, disciplinary suspension, etc., are counted as long as the employer has a reasonable expectation that the employee shall later return to active employment. If there is no present employer/employee relationship (as when an employee is laid off, whether temporarily or permanently), such individual is not counted. Part-time employees, like full-time employees, are considered to be employed for the week including October first, as long as they are maintained on the payroll.

(c) Once an employer meets the 75 or more employee threshhold on October first, the employer remains covered until the number of employees is determined on the following October first.

(Adopted effective March 9, 1999)