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CHAPTER 3 FMLA COVERAGE OF THE FEDERAL GOVERNMENT 21 CHAPTER 3 FMLA COVERAGE OF THE FEDERAL GOVERNMENT I. INTRODUCTION To be entitled to the benefits of the Family and Medical Leave Act (FMLA), a federal “employee” must work for a “covered employer.” Fortunately for civilian federal employees, the federal government at large is a “covered employer” subject to the FMLA. However, the FMLA provisions that apply to the federal government are not uniform. Knowing which FMLA provisions apply to a given federal employer is critical to correctly determine the FMLA rights and responsibilities involved, as well as, the avenues of redress and remedies available in the event of a violation. Most federal employees, if they are covered by the FMLA, are covered under Title II of the Act. Certain federal agencies and federal employees are covered under Title I of the FMLA, which also applies to employees in the private sector and those working for state and local government. The FMLA rights of employees of the Senate and the House of Representatives are contained in the Congressional Accountability Act of 1995 (CAA), 2 USC 1301, et seq., which replaced Title V of the FMLA. Finally, the FMLA applies to employees of the Executive Office of the President through the Presidential and Executive Accountability Act (PEOAA), 3 USC 412. Sections II, III, and IV of this chapter will identify and discuss which federal organizations are covered under the FMLA, the CAA, and the PEOAA. The impact of mixed FMLA responsibilities within federal organizations is set forth in Section V. II. TITLE I FEDERAL EMPLOYERS: THE GOVERNMENT OF THE UNITED STATES Title I of the FMLA defines a “covered employer” as any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year. 29 USC 2611(4)(A)(I). DOL implementing regulations expand upon this statutory definition. There are potentially five types of federal sector “covered employers” under Title I of the FMLA: (1) public agencies; (2) individuals who act in the interest of an employer to any employee; (3) successors–in–interest; (4) integrated employers; and (5) joint employers. 29 USC 2611(4)(A)(ii)–(iii); 29 CFR 825.104(a); 29 CFR 825.106; 29 CFR 825.107; 29 CFR 825.108. The first three types of employers are recognized in the statute. DOL FMLA regulations added integrated and joint employers. A. PUBLIC AGENCY EMPLOYERS AND EMPLOYEES For purposes of a “covered employer” under Title I, “public agency” is defined in accordance with section 3(x) of the Fair Labor Standards Act of 1938 (FLSA), 29 USC 203(x). See 29 USC 2611(4)(A)(iii). In relevant part, section 3(x) of the FLSA defines “public agency” as the Government of the United States. See e.g., 29 CFR 825.108(a). As a “public agency, the US Government automatically meets the threshold requirement of “a person engaged in commerce or in an industry or activity affecting commerce.” 29 USC 2611(4)(B); 29 CFR 825.104(a); 825.800 (public agency definition). The Government of the United States is covered regardless of the number of employees employed by any one federal employer. 29 USC 2611(4)(A)(3); 29 CFR 825.108(d); see, e.g., Fain v. Wayne County Auditor’s Office, 388 F.3d 257 (7th Cir. 2004). Private sector employers, in contrast, are covered by the FMLA only if they employ at least 50 employees for 20 or more weeks a year. 29 USC 26114)(A)(i); 29 CFR 825.104(a); Walters v. Metropolitan Educational Enterprises, Inc., 519 US 202, 207, 117 S. Ct. 660, 664 (1997); Walker v. Elmore County Bd. of Ed., 379 F.3d 1249 n.1 (11th Cir. 2004). The government of the Virgin Islands is a public agency employer within the meaning of Title I of the FMLA. Smith v. Virgin Islands Port Authority, No. 2002–227, 2005 U.S. Dist. LEXIS 56, at n.9 (D.V.I. Jan. 2, 2005). Title I of the FMLA applies to the Government of the United States in its entirety as an employer. This means that every federal employer, be it an agency, executive department, Congress, or the judiciary, is subject to Title I as a “covered employer.” This does not mean, however, that Title I applies to all federal

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Page 1: Interpreter - First Baptist Churchfbcaugusta.org/wp-content/uploads/2018/02/Interpreter … ·  · 2018-02-07their own place to live. While they are in the program ... (Welcome Center

a publication of First Baptist Church of Augusta

3500 Walton WayAugusta, GA 30909

(706) 733 - 2236 www.fbcaugusta.org

InterpretertheFebruary 7, 2018

February 14, 2018MENU

Breakfast for Dinner!Biscuits with Jelly or Gravy

Egg & Cheese Casserolewith Ham, Scallions, Bacon

and SausageStone Ground Yellow Grits

Chocolate Chip Bread PuddingChildren’s Menu

Pancakes with Syrup and BaconPB & J Sandwiches

Fresh Fruit

8:30 AM Contemporary Worship

Mission Activities Center

Wednesday Supper 5 PMCost:$7 for adults;

$3.50 for children 12 and under. Carry outs are $7.50 each.

Call 733-2236 for reservations.

SUNDAY WORSHIPFEBRUARY 11, 2018

9:40-10:40 AM Bible Study All Ages

5 PM

“Now We Can See”2 Corinthians 4:3-6

Will Dyer

11 AM Traditional Worship/Sanctuary

First Thoughts

Church,

Ihopethisletterfindseveryonedoingwell.Myfamilyhasarrivedsafely at home from Disney World. Miriam and Evie had a fantastic time and well,SaraandIneedavacationafterourvacation!WewalkedanaverageoftenmilesadaywhilewewereatDisney,allwhilepushingafiftypoundstrollerwithtwokidsintow.Vacationswithchildrenarenotforthefaintofheart.WehadawonderfultimewhilewewereinOrlandobutIwilladmitthatitisgoodtobebackinourdailyroutines.

FormyFirstThoughtsthisweek,Isimplywanttomakeyouawareoftwoeventsthataregoingoninourchurchoverthenextweek.

1. This Sunday evening at 5:30, our youth ministry will host theAnnualChiliCook-Off.Ihaveheardsomanywonderfulthingsaboutthiseventand Iam looking forward to tastingall thedifferent typesofchili.You can learn more about this event by reading further in this issue of the Interpreterandalsobygoingtoourwebsite.

2.WewillhaveanAshWednesdayworshipservicenextWednesdaynight,February14,at6:00intheChapel.ThisservicemarksthebeginningoftheseasonofLent,whereeachdaywewalkalongsideJesusashemakeshiswaytothecrossonGoodFriday.IfyouhaveneverexperiencedanAshWednesdayservice,IhopethatyouwillmarkyourcalendarandmakeplanstobeinattendancenextWednesdaynight.

IhopetoseeyouonSundaymorninginworship.

GraceandPeace,Will

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Sunday Lunch February 18

Shrimp, Andoullie Sausage & Okra GumboSteamed Rice

Toasted Pecan Cole SlawYeast Rolls with Butter

Jerk Marinated Grilled Chicken BreastStone Ground Yellow Grits

Steamed Fresh Broccoli FloretsAssorted Desserts

CHILDREN’S MENUChicken Tenders

Baked Mac & Cheese PB & J’s

Fresh Fruit

Computers @ FirstA community ministry of First Baptist Church of Augusta

No cost! RegisterwithTommyPayne@[email protected] inWalton 101C&D(Adult Computer Lab). FEBRUARY classes are: Intro to Scanning - February 7, 2-4 PM;iPhone/iPad Tips & Tricks - February15,9:30-11:30AM;Working with Folders & Files - February 21, 2-4; Facebook Basics - February27,9:30-11:30AM.

Church Wide News & Opportunities

MISSION OPPORTUNITIES

Family Promise (FP) Feb. 11-18, 2018FP isaprogram for families thatneedaplace to livewhileworkingorgoingtoschoolsothattheycaneventuallyhavetheirownplacetolive.Whiletheyareintheprogram,theymove weekly from church to church that participates intheFPprogram.FBC is partof thatprogram. Wewillbehosting3familieswithchildrenFebruary11-18,2018.Weneedvolunteersformealhosting,nighthosting,weekendhosting,andtosetupFeb.11andtakedownFeb.18at1:30pmeachday.WearelocatedintheWaltonBldg,room102.ContactPamThomas, coordinator, 706.294.5040 AFTER 7PM, or AnitaAguirre,706.399.0507formoreinformationortosignup.

Honduras Mission Trip Supply NeedsWeneedyourhelpswiththefollowingneedsforchildreninHonduras.PleasebringalldonationstotheChurchOfficebyFebruary 28. The mission trip leaves March 4.1. vegetable baby food - all stages2. Tylenol - infants and children3. Motrin - infants and children4. Kaopectate - liquid and tablet5. boys clothing - 12-18 months, 18 months and 24 months (pants, shirts (long and short sleeves), and pajamas6. girls clothing - 12-18 months and 18 months Hondurans dress their babies warm all year round, so warm clothes are ok. Thinner clothes can be layered and worn during warmer weather. Girls traditionally don’t wear shorts. Complete outfits are suggested (i.e. pants & tops) to avoid having all tops and no pants or vice versa.7.size4and5babyshoes,boyandgirl(sneakersorplay)8.12-18monthsocks-boyandgirl9.thickbabyblankets-fleece,cottonorquilted10.toys-blocks,dolls,chunkywood/plasticpuzzles,ball (small hand size), rattles, etc. (Toys made for 6-18 months. NO battery operated toys.)

Ash Wednesday ServiceWednesday, February 14

6 PM in the Chapel

Lunchservedat 11&Noon.ReservationsmaybemadebycallingtheChurchOffice@[email protected]:$7adults;$3.50children12&under.Carryouts $7.50. All vISITORS to our worship services are invited to join us for lunch as our guest.

Benevolence Food Drive Sunday, February 18! Items needed most are dried peas, canned meaty pastas, canned fruit,andpork&beans.Toothpastefrom

ourdentalcommunitywouldbeatremendoushelp.

Church ConferenceSunday, March 4

6:30 PMin the Fellowship Hall

The following dates in 2018are available for Sanctuary flowerplacement: September 23 October7 December 2 December 30

[email protected]

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SENIOR ADULT MINISTRY

PRESCHOOL AND CHILDREN

Senior Adult Luncheon February 13 ! Joinusforlunch11AMintheFellowshipHall.CallChurchOffice@733-2236byFriday,February9tomakeareservation.Costis$8perperson.

STUDENT MINISTRY

February 11, 5:30 PM in the Fellowship Hall!DessertAuction&BasketSilentAuction

Ticketsonsalenow!Cost:$8-proceedsgodirectlytoourStudentMinistrytohelpoffsetthecostofYouthCamp

and Mission trips. ToentertheChilicookoff,contactDavid&DiannGilesatgdianndavid@knology.netor706-830-7561.Prizeswillbegivenfor best tasting chili, spiciest, most unusual ingredient, and judges choice.ContactRebeccaDempseyforinformationontheBasketSilentAuction. [email protected] or 706-306-6195.Basketideas/themes up for auction include family fun night, spa day, kitchen/baking, arts & crafts, golf, outdoor sports/adventure,sportsteams,gardening,petbasketsandmanymore!

It’s Eggstravaganza Prep Time!WeneedanyonewillingtohelpstufftheeggsforourCommunityOutreachEgg Hunt on March 24th.Ifyouareabletocomeandpickupabag of candy/prizes and a bag of eggs or two, stuff themand then return,please stop by the Children’s Ministry Office(WelcomeCenterBuilding)betweenFeb.1-March11.WewillneedallstuffedeggsreturnedbyMarch14th.

If you would like to receive yourcopy of The Interpreter via email eachweek instead of “snail mail”,please send your email address to

[email protected], several hundred folks receive their newsletter viaemail. This helps the Church with the cost of printing andpostage. Thankyou!

ACTIVITIES

Winter Olympics Mother/Son Fun!Friday March 2, 2018

6:00-8:00pmintheFellowshipHallForMothers,Grandmothers,Aunts,orSpecialFriendsand

their boys grades 1st-5th. $10.00 per person. Register by contactingLeahGaley([email protected]

or 706-733-2236)

Sweet Memories Father/Daughter Dancing Fun!Saturday March 3, 2018

6:00-8:00pmintheFellowshipHallForFathers,Grandfathers,Uncles,orSpecial Friends and their girls grades 1st-5th. $10.00 per person. Register by

contactingLeahGaley([email protected]

or 706-733-2236)

Family Lenten CraftCome make a candle holder and pick up a Family Lenten Devotional for your family.Wewillmeet in theSunRoomin the Fellowship Hall during SundayLunchat11orat12onFebruary18.PleaseregisterbyFebruary 11, 2018sowewillhave enough supplies for you. You may eatyourlunchfirstandthencomeasafamilytomakeyourcandleholder.ToregistercontactLeahGaley([email protected]) and let us

knowwhichhouryouwillattend11or12. Kennedy Scholarship application! Application deadline for those graduating high school is March 15. Contact the StudentOfficeorvisitourwebsite.

Sign up softball! Softball sign up for men’s and ladies’ teams is going on now. Games begin March 14. Contact George Berry for

more information. 706-836-9783 or [email protected]

Asyoubegintothawout...THINKGREENYouthPLANTSELLcomingmidMarch!!

More info coming soon ...

Page 4: Interpreter - First Baptist Churchfbcaugusta.org/wp-content/uploads/2018/02/Interpreter … ·  · 2018-02-07their own place to live. While they are in the program ... (Welcome Center

First Baptist Church of AugustaThe Interpreter - Issue 30 (USPS 191-880) is published weekly except Masters’ week, July 4th week, Thanksgiving week, & Christmas weekby First Baptist Church, 3500 Walton Way, Augusta, Georgia 30909

POSTMASTER: send address changes toP.O. Box 14489 - Augusta, GA 30919 (706) 733-2236Periodicals Postage Paid at Augusta, GA

CoulterHnatt(979)446-1163Text“733”tothenumberprovidedtolettheindividualknowyouhaveprayedforthem.

WORSHIPCARE

VOLUNTEERSFEBRUARY 11, 2018

Pastoral Ministry Will Dyer, Senior PastorJimWalls, Associate Pastor R.J.Robinson, Pastor Emeritus

Music MinistryKurt Wachtel, Minister of Music DanGaudinierMinister of Contemporary WorshipClaudia Moller, Children’s Choirs Coordinator

Faith Development MinistryPattiFowler, Minister of Weekday Education Melissa Willis, Minister to Preschool & ChildrenLoriMcPherson, Nursery Coordinator PaulMoller, Director of Senior Adult Ministry

Operations Ministry Kelly Rose, Church Administrator

Interpreter ContactLuci Worthington [email protected]

Minister On Call706-832-2944

8:30 AM: Carla Parker, Cindy Leisey, Sarah Cagle, Latoya ChambersHostess: Sarah Cagle11 AM: Carolyn & Jim Ridley

Attendance/Giving ReportFebruary 4, 2018

Worship Attendance.................................575Sunday School............................................513

WeeklyRequirements........................$58,455Budget-BuildingReceipts...................$45,690Budget-Building to Date...................$228,416Budget-Bldg Requirements...............$292,275

Weekly Church Calendar February 11-17, 2018

Sunday, February 11 8:30 a.m. Contemporary Worship, MAC9:40a.m. SundaySchool11:00 a.m. Traditional Worship, Sanctuary VietnameseWorship,MAC 2:00 p.m. Chinese Sunday School, D-203 4:00 p.m. Mission Dev. Council, Conference Room5:30p.m. ChiliCook-Off,FellowshipHall

Monday, February 129:00a.m. WeekdayEducationProgram HelpingHands,Arts&CraftsRoom 5:00 p.m. BSF, Sanctuary/Daniel Building5:30p.m. Kirkringers,D-201 6:00 p.m. Finance Committee, Conference Room 7:00 p.m. Deacons’ Meeting, Choir Room

Tuesday, February 136:00a.m. Men’sBibleStudy,MACGrill9:00a.m. WeekdayEducationProgram Benevolence, MAC9:15a.m. MomsinPrayer,Children’sBuilding9:30a.m. iPadBasics,ComputerLab11:00a.m. SeniorAdultLuncheon,FellowshipHall6:00p.m. PropertyCommittee,ConferenceRoom

Wednesday, February 147:00a.m. Men’sPrayerBreakfast,MACArts&Crafts9:00a.m. Ladies’BibleStudyLeadership,D-203 WeekdayEducationProgram9:30a.m. EnglishAsaSecondLanguage,AdultBldg. Ladies Bible Study, D-20312:00 p.m. Ladies International Bible Study, A-1055:00p.m. FamilySupper,FellowshipHall 5:30 p.m. Children’s Handbells, D-203 6:00 p.m. Ash Wednesday Service, Storey Chapel OrchestraRehearsal,D-201 Men’s Bible Study, A-205 StudentPrograms,MAC 7:00 p.m. Sanctuary Choir Rehearsal, Choir Room Thursday, February 159:00a.m. WeekdayEducationProgram9:30a.m. iPhone/iPadTips&Tricks,ComputerLab10:00 a.m. First Family Singers, Choir Room

Friday, February 167:00a.m. Men’sBibleStudy,MACGrill9:00a.m. WeekdayEducationProgram

Saturday, February 17 6:20 a.m. BSF Leadership, Daniel Building

Will Dyer February 10 & 11

Television Broadcast ChannelsThefollowingarebroadcastchannelscarryour services: Comcast channel 383

WOWchannel169Atlantic Broadband channel 245

SUNDAY:Acts25;Ruth1-2;Psalm47MONDAY:Acts26:1-18;Ruth3-4;Psalm48TUESDAY:Acts26:19-32;1Sam1:1-2:11;Ps49WEDNESDAY:Acts27:1-12;1Sam2:12-36;Ps50THURSDAY:Acts27:13-44;1Samuel3;Ps51FRIDAY:Acts28:1-15;1Samuel4-5;Psalm52SATURDAY: Acts28:16-31;1Samuel6-7;Ps53

Prayer Text Ministry