R.C.S.A. § 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? (Repealed)
Cite as Conn. Agencies Regs. § 31-51qq-3
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.