6185-S AMH COND REIN 310

SSB 6185 - H AMD 1065

By Representative Condotta

FAILED 3/1/2006

   On page 2, beginning on line 15, strike all of subsections (4) and (5), and insert the following:

   "(4)(a) "Employee" means a person ((other than an independent contractor employed by an employer on a continuous basis for the previous fifty-two weeks for at least thirty-five hours per week)) who has been employed: (i) For at least twelve months by the employer with respect to whom leave is requested under section 3 of this act; and (ii) for at least one thousand two hundred fifty hours of service with the employer during the previous twelve-month period.
   (b) "Employee" does not mean a person who is employed at a worksite at which the employer employs less than fifty employees if the total number of employees employed by that employer within seventy-five miles of that worksite is less than fifty.
   (((4))) (5) "Employer" means:
   (a) Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and ((includes any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision, which (i) employed a daily average of one hundred or more employees during the last calendar quarter at the place where the employee requesting leave reports for work, or (ii) employed a daily average of one hundred or more employees during the last calendar quarter within a twenty mile radius of the place where the employee requesting leave reports for work, where the employer maintains a central hiring location and customarily transfers employees among workplaces; and)) which employs fifty or more employees for each working day during each of twenty or more calendar workweeks in the current or preceding calendar year. "Employer" includes: (i) Any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (ii) any successor in interest of an employer;
   (b) The state, state institutions, and state agencies; and
   (c) Any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision."

EFFECT: Makes technical corrections to definitions of "employee" and "employer" to conform with the federal Family and Medical Leave Act.