Q. We're a church with six full-time employees, three part-timers and six musicians who are paid per performance. Are we subject to
A. Good news: Your church is not a “covered employer” under the FMLA. For FMLA purposes, your church has only 15 employees and, therefore, doesn't need to comply. The law applies to all private organizations that employ 50 or more people in each working day during each of 20 or more calendar weeks during the current or preceding calendar year. All people on the count toward that threshold; that includes part-time and temporary employees, plus those on paid or unpaid leaves of absence.
Key point: Some states have enacted their own FMLA-type laws that stipulate different coverage requirements, so employers should check their state laws.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Suspect employee is scamming FMLA leave? Investigate--and discipline if it's true
- Must we give FMLA leave to caretaker uncle?
- Offering extra leave beyond FMLA? You don't have to extend job return rights
- ADA, Ohio disability-Discrimination laws don't cut off other state claims