15.09 Family Medical Leave Act (FMLA)
Based on the size of the staff at CHPC, the church is not subject to the Family Medical Leave Act (FMLA) of 1993. However, CHPC is committed to the care and welfare of church employees and will grant unpaid family and medical leave at the discretion of the Senior Pastor under the following conditions:
- Eligibility – Employees must be employed by CHPC at least twelve (12) months before the date when the leave would begin unless granted an exception by the Staff Support Team in consultation with the Senior Pastor.
- Type of Leave Covered-In order to be granted unpaid leave under this policy, the employee must be taking the leave for one of the following reasons:
- The birth of a child and to care for that child
- The placement of a child for adoption or foster care
- To care for a spouse, child, or parent with a serious health condition
- The serious health condition of the employee
- Caring for military dependents that are injured or become sick in the line of duty.
- Notice Requirements-Employees are required to provide thirty (30) days’ notice of the need for leave for the birth or placement of a child or planned medical treatment. In cases where an employee cannot provide thirty (30) days’ advance notice, notice is to be provided as soon as practicable (this means at least verbal notice to supervisor within one or two business days of learning of the need to take leave). In addition, the employee is required to make reasonable effort to schedule leave for planned medical treatment so as not to unduly disrupt church operations, subject to the approval of the health care provider.
- Employee Benefits
- If an employee is authorized any category of benefits normally paid by the church, CHPC will maintain the same paid coverage for the period of the leave.
- If an employee is paying all or part of a church sponsored plan while on an unpaid leave, employees will need to make arrangements with CHPC to pay their portion of any benefit premiums or coverage will lapse in accordance with benefit terms and conditions.
- Any sick leave or vacation time available to the employee must be exhausted before unpaid leave begins.
- Returning to Work – Upon return to CHPC from unpaid leave, employees will be restored to their former position with the same rights, benefits, pay and other terms and conditions existing prior to the leave, or to an equivalent position with equivalent rights, benefits, pay and other terms and conditions of employment.
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