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 payroll 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.
- Why is workers' comp telling us when our employee's FMLA leave should start?
- Must we give FMLA leave for cosmetic surgery?
- Any requirement to pay out or roll over unused sick leave?
- When employee returns from FMLA leave, ensure position is truly equivalent to former job
- Denying leave may be legal, but unwise, for small firms