My organization has its corporate headquarters in Connecticut and has 50 employees. However, the total company size is much larger (over 700 employees) with locations in several states. Do we have the option of not following the Connecticut leave law because we fall below the 75 employee threshold for coverage?
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Meanwhile, as a company we have chosen to follow the federal Family and Medical Leave Act (FMLA) company-wide even in areas where we are not required to. Is there any risk to offer federal FML in Connecticut but not Connecticut FML?
There is a critical distinction between employer and employee eligibility under the federal FMLA. With 700+ employees nationwide, an employer is subject to the federal FMLA. It is not a choice as indicated in the question with the following wording: ” …chosen to follow the federal Family and Medical Leave Act (FMLA) company-wide even in areas where they are not required to.”
There may be individual employees who are not eligible for federal FMLA leave, because they do not work at a worksite where there are 50 or more employees on-site or within a 75-mile radius of the worksite. The 50 employee/75-mile rule only applies to employee eligibility, not whether the employer is covered. If the employer chooses to extend federal FMLA benefits to those employees, it may do so as a matter of policy.
As to the question of whether an employer should extend federal FMLA benefits to employees (as a matter of policy, even if they are not otherwise qualified), and choose not to extend state leave benefits to employees (who are not otherwise qualified), the employer may choose to do this. However, any such policy should be carefully worded, including specific statements regarding eligibility, notice, certification, duration and other leave-related issues.
It would be prudent for an employer in this situation to have employment counsel review the proposed policy language to ensure its legality.