Definitions

In this title: (1) Average weekly earnings The term weekly earnings, with respect to an individual, means the quotient obtained by dividing— (A) the earnings of the individual, by (B) 52. (2) Covered partnership The term covered partnership — (A) means a partnership between a State and at least one private entity (such as an insurance company or other private entity handling specific functions of the paid leave program, such as the benefit application process), that provides a paid family leave benefit to eligible employees pursuant to the paid family leave program established by the State that meets the requirements of section 101(d); and (B) includes a State that allows employers to self-administer paid family leave benefits, as described in section 101(d)(5). (3) Earnings The term earnings, with respect to an individual, means all compensation for employment that is considered under the applicable State unemployment compensation law for the purpose of calculating the amount of unemployment compensation for the individual. (4) Eligible employee (A) In general The term eligible employee means an employee who has been employed— (i) for at least 12 months by the employer with respect to whom leave is requested for the birth or placement of a son or daughter; and (ii) for at least 1,250 hours of service with such employer during the previous 12-month period. (B) Determination For purposes of determining whether an employee meets the hours of service requirement specified in subparagraph (A)(ii), the legal standards established under section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall apply. (5) Employer The term employer has the meaning given the term in section 101(4)(A)(i) and (ii) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)(i) –(ii)). (6) FLSA terms The terms employ and employee have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (7) State The term State includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. (8) Son or daughter The term son or daughter has the meaning given the term in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).