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Unemployment Benefits for Former Daycare Employees

Some states exclude church workers from unemployment benefits.

Emily worked as an assistant childcare teacher for a church's daycare program. Following the termination of her employment, she sought unemployment benefits. Her claim was denied, and she appealed. At the unemployment compensation hearing, Emily testified that she believed the daycare was operated separately from the church, and that she did not know who owned the daycare, whether the building was used for church services, or whether the daycare was an outreach program of the church. She also testified she did not know the meaning of the term "His Kids" (the name of the daycare program).

A church officer testified that the daycare used the same federal employer ID number as the church, was governed by the church board, and was operated out of a church-owned building that was used for other church activities, and which contained pictures of Jesus and religious phrases on the walls. The officer ...

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  • March 1, 2006