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Unemployment Benefits - Part 1

State unemployment compensation laws generally do not apply to persons employed by church-operated child-care centers.

Key point. State unemployment compensation laws generally do not apply to persons employed by church-operated child-care centers.

* A Florida court ruled that a woman who was employed as a caregiver in a church-operated child-care center was not eligible for unemployment benefits following the termination of her employment. A woman (Beth) worked as a childcare giver for a separately incorporated child-care center operated by a church. Following the termination of her employment, she sought unemployment benefits. A state agency ruled that Beth was entitled to unemployment benefits, and she appealed. A state court concluded that she was not eligible for benefits. It noted that employees generally are entitled to unemployment compensation benefits when their employment is terminated by their employer. However, Florida law specifies that 'the term employment does not apply to service performed ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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Posted:
  • September 1, 2006

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