Page 239 - Washington Nonprofit Handbook 2018 Edition

(v) “Comp Time” Not Allowed

Nonprofit employers, often short on resources and long on missions to

accomplish, may be tempted to offer compensatory time or “comp time” in lieu of
overtime pay. According to the Washington Department of Labor & Industries, the
WMWA does not prohibit offering comp time to an employee who requests it in lieu
of overtime pay. However, the FLSA prohibits the practice for all employees, except
certain public sector employees such as firefighters. Nonprofit employers should
resist setting up any form of comp time, whether formal or informal, for non-
exempt employees.

CHAPTER 65. Employee Leave Laws

a. The Family and Medical Leave Act

The Family Medical Leave Act (“FMLA”) is discussed first because it is the most
commonly known leave requirement. However, many nonprofit employers will not
be covered by the FMLA because they have too few employees. A private employer
is covered by the FMLA if it employs 50 or more employees for each working day
during each of 20 or more calendar workweeks in the current or preceding
calendar year. The 20 workweeks need not be consecutive. Private elementary and
secondary schools are covered regardless of the number of employees they
employ so some nonprofits could be included by this provision.

An employee of an employer subject to the FMLA is eligible for FMLA leave if
three conditions are met at the time the leave commences:

• The employee has been employed by the employer for at least 12
months at the time the leave commences;

• The employee has been employed for at least 1,250 hours of service
during the 12-month period immediately preceding the

commencement of the leave; and

• The employee is employed at a work site where 50 or more employees
are employed by the employer within 75 miles of that worksite.

If an employee is eligible for FMLA leave, the employee is entitled to take
leave for any of the following reasons:

• For the birth of a child, and in order to care for a newborn child;

WASHINGTON NONPROFIT HANDBOOK -228- 2018