09 Nov What is FMLA and how does it apply to churches?
Question:
What is FMLA and how does it apply to churches?
Answer:
What is it?
FMLA is short for the Family and Medical Leave Act. It generally provides 12 weeks of leave in a 12-month period (more if caring for an injured or ill service member). This federal law provides employees with leave that is:
- Unpaid
- Job Protected
- Benefits Continuation
Does it apply to churches?
An employer is required to offer FMLA leave if they have 50 or more employees for 20 or more weeks in the current or previous year. This is based on headcount, not FTE (full-time equivalent). And yes, it does apply to churches & ministries.
Who qualifies?
An employee is eligible if they have:
- Worked for the employer for at least 12 months
- Worked at least 1,250 hours for the employer in the 12 months before the leave
- Worked at a location where the employer has at least 50 employees within 75 miles
How can it be used?
- The birth of a child and caring for that newborn within one year of birth (mom or dad)
- Adoption or foster care placement and caring for that child within one year of placement
- Caring for the employee’s spouse, child, or parent who has a serious health condition
- A serious health condition that makes the employee unable to perform an essential function of their job
- Any qualifying exigency because the employee’s spouse, child, or parent is a military member on active duty
Original content by HR Ministry Solutions. This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.