Do you really know how many employees you have? This is the key question Connecticut employers must ask themselves to determine whether the Connecticut Family and Medical Leave Act (“CTFMLA”) applies to them, according to Velez v. Commissioner of Labor et al. If the answer is 75 or more – within Connecticut – then the CTFMLA applies.
The employer in this case employed more than 1,000 workers nationwide, but did not employ 75 or more employees in Connecticut. Because of this, the employer claimed the CTFMLA did not apply. The Connecticut Supreme Court agreed, affirming the decision of the Connecticut Department of Labor (“CTDOL”) and several similar cases decided by the CTDOL.
This is good news for employers. However, keep in mind the FMLA applies to any business where there are 50 or more employees within 75 miles of a specific employer location. Thus, even if there aren’t enough employees to require coverage under the CTFMLA, Connecticut employees could still be used to trigger coverage by the federal FMLA. Also, this decision may pave the road for recalculation of the threshold number used in other laws to trigger coverage. For example, the Connecticut law that requires sexual harassment training applies to companies with at least fifty employees. Maybe this means within the borders of Connecticut. Time will tell if this is true.
Brody and Associates regularly advises on compliance with the CTFMLA, FMLA and on employment laws in general. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.
