AmeriCorps Members - Are they counted as employees for FMLA purposes?

AnaC

Hi

Under the two Federal Laws National and Community Service Trust Act of 1993 and the National and Community Service Act of 1990, now collectively known as as the National and Community Service Act, they authorize several types of programs that involve a wide variety of "participants" or in a greater sense, volunteers, often "working" /"volunteering" for non profit organizations. Under this law, these participants are neither classified as employees nor volunteers, so the question I have is this:

The non profit I'm currently dealing with has under 50 actual employees working for them. So they do not currently qualify for FMLA as an agency. They are thinking of adding more "volunteers", otherwise known as participants or community service members from AmeriCorps, and the question then is that if by obtaining these participants their "employee" count goes over 50, would they now be subject to FMLA? After reading the different laws, specifically FLSA and FMLA, and also this National and Community Service Act, I have found no clear and definitive answer to my question. Does anyone out there have any input (citations) or ideas?

Thanks so much for any assistance!

Sincerely,
Ana

sonny

Ana, I do not have the definitive answer but a million years a go when I was in VISTA we were viewed as "employees" of VISTA (we did get a living stipend)not of our host agency. Our term of service was only one year. I have no idea how things may have changed. I would think there would be someone associated with the group that could research your question for sure.

AnaC

Thanks for your quick response Sonny. These Americorps participants (community service members) also get a stipend of $10,000 per year, and also not from the host agency, and my concern was that since this is quite a sizeable stipend, I'm thinking that they could very well be viewed as employees that are in fact being paid for their services. But I will keep researching and if I do find a definitive answer I will post it in case anyone here will ever find it useful!

Thanks again.

Sincerely,
Ana

HR in Okla

[font size="1" color="#FF0000"]LAST EDITED ON 01-08-04 AT 09:09AM (CST)[/font][br][br]This might be one to call DOL about. Ask them if DOL considers these persons "employees" as defined by law.

neveradull

My agency has operated Americorps for several years and I have worked hard via, attorneys, State and Federal Americorps Staff and the definition that answers your question, at this moment in time, (haven;t heard of any court cases that contradict)Americorps members are VOLUNTEERS. They do not receive wages but do recieve a monthly stipend. They normally serve one year in their community and with sufficient voluteer hours receive a scholarship AT THE END OF THEIR community service/VOLUNTEER YEAR.You may work an Americorps member 8 hours a day subject to some specific Americorps requirements yet he/she will not qualify for unemployment, and their workers comp. classification is volunteer. The usual disclamer applies: I am not an attorney so do not consider this legal advise