(a) An ``employer'' under FMLA includes any ``public agency,'' as
defined in section 3(x) of the Fair Labor Standards Act, 29 U.S.C.
203(x). Section 3(x) of the FLSA defines ``public agency'' as the
government of the United States; the government of a State or political
subdivision of a State; or an agency of the United States, a State, or a
political subdivision of a State, or any interstate governmental agency.
``State'' is further defined in Section 3(c) of the FLSA to include any
State of the United States, the District of Columbia, or any Territory
or possession of the United States.
(b) The determination of whether an entity is a ``public'' agency,
as distinguished from a private employer, is determined by whether the
agency has taxing authority, or whether the chief administrative officer
or board, etc., is elected by the voters-at-large or their appointment
is subject to approval by an elected official.
(c)(1) A State or a political subdivision of a State constitutes a
single public agency and, therefore, a single employer for purposes of
determining employee eligibility. For example, a State is a single
employer; a county is a single employer; a city or town is a single
employer. Where there is any question about whether a public entity is a
public agency, as distinguished from a part of another public agency,
the U.S. Bureau of the Census' ``Census of Governments'' will be
determinative, except for new entities formed since the most recent
publication of the ``Census.'' For new entities, the criteria used by
the Bureau of Census will be used to determine whether an entity is a
public agency or a part of another agency, including existence as an
organized entity, governmental character, and substantial autonomy of
the entity.
(2) The Census Bureau takes a census of governments at 5-year
intervals. Volume I, Government Organization, contains the official
counts of the number of State and local governments. It includes
tabulations of governments by State, type of government, size, and
county location. Also produced is a universe list of governmental units,
classified according to type of government. Copies of Volume I,
Government Organization, and subsequent volumes are available from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C., 20402, U.S. Department of Commerce District Offices,
or can be found in Regional and selective depository libraries. For a
list of all depository libraries, write to the Government Printing
Office, 710 N. Capitol St., NW, Washington, D.C. 20402.
(d) All public agencies are covered by FMLA regardless of the number
of employees; they are not subject to the coverage threshold of 50
employees carried on the payroll each day for 20 or more weeks in a
year. However, employees of public agencies must meet all of the
requirements of eligibility, including the requirement that the employer
(e.g., State) employ 50 employees at the worksite or within 75 miles.
