There are many misconceptions, and often confusion, regarding legal rights that churches and nonprofits hold. Understanding the benefits and requirements of the law will, not only, keep you out of hot water, but also will allow you to utilize the laws that help further the mission and vision of your organization.
Rarely does anyone wake up desiring to violate an employment law. What unfortunately occurs is that, when people get fed up with an employee, they feel like they are either in the right or they are unaware of the laws applicable to the situation. The law is very nuanced and having an attorney in your corner to help navigate situations is the best way to ensure that you and your organization comply. In this series, we will take a deeper look at employment laws.
Family Medical Leave Act (FMLA)
The FMLA can cause confusion. While normally, churches and nonprofits desire to go above and beyond for their employees, long, paid absence of a team member can have real negative effects. From tying up resources to other team members having to “carry the weight,” long absences can leave employers and employees frustrated. This is why it is so important to know the law and ensure that your organization is in compliance.
Requirements:
1. Applies to employers with 50 or more employees.
2. Provides eligible employees with up to 12 work weeks of unpaid, job-protected leave a year, and group health benefits must be maintained.
3. “Eligible” employees are defined as:
-worked for the employer for at least 12 months for at least 1,250 hours (roughly 156 workdays) during the 12 months.
AND
-work at a location where at least 50 employees are employed at the location or within
75 miles of the location.
Covered Reasons for Leave:
1. The birth of a child and care for a newborn (combined with PWFA.)
2. Adoption or foster care and care for the newly placed child.
3. Care for an immediate family member (spouse, child, or parent) with a serious
mental health condition.
4. When the employee is unable to work because of a serious medical condition.
“Serious Medical Condition” is defined as an illness, injury, impairment, or
physical or mental condition that involves:
-inpatient care in a hospital, hospice, or residential
medical care facility.
OR
-continuing treatment by a healthcare provider.
FMLA can be frustrating and sometimes feels like a trap for the unwary and unprepared. Following your FMLA policy is critical and will help keep your organization in compliance. If you do not have an FMLA policy and are close to 50 employees, please reach out to us.
The information provided in this article does not, and is not intended to, constitute legal advice or investment advice; instead, all information, content, and materials available in this article are for general informational purposes only. Information contained in this article may not constitute the most up-to-date legal or other information. This article contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the author does not recommend or endorse the contents of the third-party sites.
Readers of this article should contact their attorney to obtain advice with respect to any particular legal matter.
Anthony & Sparkman, PLLC is a law firm located in both Dallas/Fort Worth and Georgetown, Texas that provides legal counsel to both churches and nonprofits around the world. John Anthony & Michele Sparkman have spent over a decade providing general counsel to churches and nonprofits on issues ranging from incorporation, governance, employment, policies and procedures, taxes, succession planning, real estate development, and much more. For more information visit our website at www.thenonprofitteam.com.
