Jump directly to the content

FMLA Requirements

A federal court in New York ruled that a church pension board did not violate the Americans with Disabilities Act of the Family and Medical Leave Act when it dismissed an HIV-positive employee.

Key point 8-10. The federal Americans with Disabilities Act prohibits employers with at least 15 employees, and that are engaged in interstate commerce, from discriminating in any employment decision against a qualified individual with a disability who is able, with or without reasonable accommodation from the employer, to perform the essential functions of the job. Accommodations that impose an undue hardship upon an employer are not required. Religious organizations may give preference to nondisabled members of their faith over disabled persons who are members of a different faith.

Key point 8-21. The federal Family and Medical Leave Act requires employers with 50 or more employees and engaged in interstate commerce to allow employees up to 12 weeks of unpaid leave each year on account of certain medical and family needs. There is no exemption for religious organizations.

* A federal court ...

Join now to access this member-only content

Become a Member

Already a member? for full access.

Related ResourcesVisit Store

Essential Guide to Employment Issues for Church Boards
Essential Guide to Employment Issues for Church Boards
Covers selection and screening, dispute resolution, terminations, discrimination, and minimum wage.