Appendix 20

Draft Personnel Policies 

THE COMMUNITY CHURCH 

3000:  PERSONNEL POLICIES 

3010:   Purpose.  The intention of this congregation is to embody its Unitarian Universalist values and principles in its relationship to its employees.  Toward that end these policies are intended to insure fair treatment of all employees, promote clearly understood responsibilities between employees and THE COMMUNITY CHURCH, and prescribe consistent and predictable personnel practices for all employees. 

3070:   Fiscal Authority.  No supervisor shall authorize expenditures that will cause a budget program category to exceed the budget.  

3071:   No employee shall commit THE COMMUNITY CHURCH to spending that will cause total expenditures in a budget program category to exceed the budget.          

3072:   No employee shall be reimbursed for spending that will cause total expenditures in a budget program category to exceed the budget.

3080:   Work Eligibility.  All new staff members will be asked to fill out appropriate forms for payroll purposes and for personnel records.  In accordance with the Immigration Reform Control Act of 1986 (IRCA), all new staff members at THE COMMUNITY CHURCH are also required as a condition of employment to provide documentation that establishes their identity and their legal right to work in the United States (Form I-9).  Typically, this will happen on the first day on the job.

3090:   Notification of Modification.  The Board of Trustees may modify policies at any time.  If any personnel policy changes, a copy of the change will be provided to each employee.  Employees will be asked to sign a statement acknowledging reading, understanding, and accepting the terms and policies and any revisions to them.

3100:   Discrimination and Harassment

3110:   Non-Discrimination.  TCC is dedicated to offering equal employment opportunity to everyone in calling, hiring, promoting, assigning and fully participating in the work of THE COMMUNITY CHURCH without regard to sex, age, disability, race, color, ethnicity, national origin, affectional preference, marital status, veteran or conscientious objector status, or religion (unless it conflicts with the Principles and Purposes of TCC).

3120:   Anti-Harassment.  Sexual harassment or harassment of any kind will not be tolerated by TCC, including harassment based on the above-named protected categories

3130:   Remedy Process.  See Section 3800 for a description of the complaint process in the event of perceived discrimination or harassment.

3200:   Types of Employment

3205:   Ministers are generally Called by the congregation under terms agreed upon between the Minister and the Board of Trustees, in accordance with the bylaws of TCC.  Non-Called Ministers may serve in special capacities by agreement with the Board of Trustees, in accordance with the bylaws of TCC.  The general character of the ministerial employment relationship is consistent with these policies, but specific differences are governed by terms of the Ministerial Agreement entered into at the Call.

3210:   Salaried employees are paid a predetermined annual salary commensurate with their position and do not receive overtime compensation.  Salaried employment is characterized by positions that are not necessarily confined to specific hours, but tend to be defined by generalized expectations of a professional or non-routine nature. 

3211:   A salaried position involves responsibilities requiring one-quarter time or more.

3212:   Usually salaried position responsibilities involve more interaction with the congregation, and are likely to require evening work such as attending committee meetings.

3213:   Salaried employment is not characterized by keeping track of specific hours of work but rather by units of time required.  (A unit is a morning, an afternoon, or an evening, and twelve units a week constitute full time.)  The congregation will honor the general guideline that a one-quarter time salaried employee is expected to work three, and only three, units a week, although seasonal and other variations can and do occur.

3214:   Salaried employees may work from a home office some of the time when approved by the supervisor.

3215:   TCC encourages salaried employees to work as necessary without negatively affecting personal or family needs.

3220:   Regular Hourly employment is characterized by a specific on-site work schedule. 

3221:   Regular Hourly employees are not expected to work from home. 

3222:   Regular Hourly employees may have routine contact with congregational members, but will not usually attend committee meetings as part of their duties.

3223:   Regular Hourly employees are eligible to receive overtime pay.

3230:   Intermittent/Casual employment is paid hourly, and either has no fixed schedule or is not dependant upon the same individual performing a scheduled task from one time to the next.  

3231:   Intermittent/Casual employees are frequently scheduled at the convenience of individuals in the group; as a consequence employment for any particular individual can be occasional and sporadic.

3233:   Any work routinely scheduled for more than ten hours/week will not be staffed by Intermittent/Casual employees.  Any employee working less than 200 hours/year is Intermittent/Casual.

3240:   Contractual employment involves work performed by individuals in circumstances only within the following guidelines.

3241:   Contractors have wide latitude when and where work takes place.  Duties routinely scheduled by THE COMMUNITY CHURCH are not likely to be contractual.

3242:   A contractor has specified work objectives or outputs.  There is little need for ongoing coordination or direct oversight of contractor work.

3243:   A contractor is expected to provide supplies and materials.  If THE COMMUNITY CHURCH  provides supplies, tools, and workplace it is unlikely contractual employment.

3244:   A contractor is likely to have a professional license or designation.

3245:   A contractor operates an ongoing business with more than one customer or contract.

3246:   TCC duties requiring quarter-time or more on an ongoing basis are not contractual.

3300:  Wage and Salary Plan.

3310:   Intermittent/Casual Pay.  Intermittent/Casual employees will be paid a fair and equitable hourly rate, which will be more than the legal minimum wage.  The rate will be adjusted as necessary, at least annually, for inflation and market conditions. 

3311:   Persons performing similar Intermittent/Casual duties will be paid equally.  Some individuals are assigned oversight duties.  They will be designated “Lead” and the hourly rate will be adjusted as appropriate. 

3320:   Salaried and Regular Hourly Pay.  Each Salaried and Regular Hourly position will have a pay range established defining the lowest and highest acceptable wage for that job.  The range will be set primarily in accordance with guidelines established by the UUA for similar congregations, modified for local employment market conditions if appropriate.

3321:   The Personnel Committee is responsible for developing and maintaining factors and a protocol for establishing specific pay levels within a range, including consideration of longevity, experience, developmental training, and quality of performance.

3322:   No employee will progress beyond the midpoint of a range based on longevity alone.

3323:   Any employee may be hired by TCC at a negotiated rate above the base rate.  Such advanced placement will be based upon quantitative factors relating to education, training or prior experience.  Placement or advances based upon skill level and quality of performance will be determined solely in the TCC work environment.

3400:   Leave

3405:   Application.  The conditions of paid leave set forth in this section apply to all Salaried and Regular Hourly employees, except that the Minister’s Letter of Agreement contains separate provisions.

3410:   Unpaid Leave of Absence.  Occasionally employees face compelling personal needs that may require them to take time off from work.

3411:   Unpaid leaves up to thirty days may be granted at the discretion of the supervisor, based on TCC’s needs and the hardship that might result from their absence.

3412:   Longer periods of leave require Board approval.  

3413:   Failure to return to work immediately following the granted leave of absence is regarded as a voluntary resignation.

3414:   Regular Hourly employees will not be required by THE COMMUNITY CHURCH  to take an unpaid leave of absence (for example, requiring two months of unpaid leave in the summer).  Regular hourly employees are either working on their schedule or on a form of paid leave, unless they have requested and been approved for Leave Without Pay.

3420:   Funeral or Bereavement Leave.  Employees may be eligible for a leave of absence for up to one-half  the normal weekly hours with pay for the death of an immediate family member.  The scheduling of paid days off will be determined by the Supervisor or Business Manager based on the circumstances.

3430:   Jury Duty.  Employees called for jury duty are paid their regular pay as long as they are required to serve.  Employees should appear for their normal schedule any day they are excused from jury duty.

3440:   Personal Leave.  Salaried and Regular Hourly employees have a leave plan designed to cover both planned vacation time and leave for emergencies, illness, or other life influences.  (Such leave is referred to generically as “Personal Leave”.)  Personal Leave is divided between a Temporary Leave Account and a Permanent Leave Account, records of which are to be maintained by the Bookkeeper.

3441:   Beginning immediately on hiring employees shall earn Personal Leave at the rate of one hour for every 20 paid hours.  (This is about two and one-half weeks of leave annually.)  Beginning with the employee’s six year hiring anniversary Personal Leave will be earned at the rate of one hour for every 10 paid hours.  (This amounts to about five weeks leave annually for full time employees.) 

3442:   Salaried employees will earn Personal Leave at the standard imputed rate:   One-quarter time means 10 paid hours per week.  

3443:   Personal Leave is credited initially to a Temporary Leave Account.  At the end of each fiscal year (June 30) the employee may direct unused Temporary Leave into a Permanent Leave Account, in an amount not to exceed the number of hours in their standard work week.   

3444:   The purpose of the Permanent Account is to provide employees an opportunity to build up an emergency leave account in case of extended illness or similar need, although its use is not limited by such circumstances.  The balance in the Permanent Account will remain available until the employee uses it or terminates employment, at which time the balance will be paid out in full at the employee’s then current wage rate.

3445:   The Temporary Leave Account shall be reduced if necessary (after the annual transfer) to holding no more than the amount of Leave earned in the prior year.  This unused Temporary Leave more than twelve months old shall thereby lapse.              

3446:   Upon termination of employment for any reason one-half of the unused Temporary Leave Balance shall be transferred into the Permanent  Account for payout.  The remaining Temporary Leave shall lapse.

3447:   Personal Leave will be credited and used in whole hour increments only.  It is available for use as soon as it is credited.

3448:   It is expected that use of Personal Leave normally will be arranged and approved at least one week in advance with the employee’s supervisor.  Any leave taken without prior arrangement of at least 72 hours shall be charged to the employee’s Permanent Leave account first. 

3449:   Upon adoption of this policy each qualified employee may have Permanent and Temporary Leave Accounts established based upon an assessment by the Business Manager and the Personnel Committee of existing Personal Leave credits (within the general spirit of these guidelines).

3450:   Holidays.  Salaried and Regular Hourly employees receive the following paid holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and the Employee’s Birthday.

3451:   Because employees work various numbers of hours per week and various days of the week, during any week with a holiday the employee should normally work 20% fewer hours yet get paid the full amount.  Hourly employees should list on their time card the appropriate number of hours as “Holiday Pay”.

3452:   Employees are expected to adjust their schedule in a holiday week in order to have the official holiday free of work duties.

3600:   Benefits.

3605:   Non-Fungible Benefits.  THE COMMUNITY CHURCH will offer certain employee benefit programs and policies as outlined below.  The cost of such benefits will be borne by TCC only as indicated.  If an employee chooses to not receive a benefit as offered, the cost associated is not transferable for an alternative benefit or salary adjustment.

3610:   Pension Plan.  The following employees will receive pension benefits.

3611:   An Employee must have attained the 18th birthday.

3612:   The employee must have been paid for at least 1,000 hours in the prior 12 months and be expected to continue.

3613:   The employee must have attained the one year employment anniversary date.

3614:   Qualified employees will be enrolled in the UU Organizations Pension Plan. 

3630:   Health Insurance.  The congregation will offer assistance in paying for health insurance coverage for all salaried and regular hourly employees who are normally scheduled to work ten or more hours/week. 

3631:   The standard level of support for any qualifying employee shall be based upon TCC paying a percentage of the premium cost equal to the percentage of time budgeted for them in their standard workweek, to a maximum of 80%. 

3632:   The TCC support will be provided for the entire premium, whether coverage is for an individual or family.

3633:   If an employee is covered under another policy (for example, a spousal policy), TCC will arrange to pay the same proportion of the costs, up to the amount of out of pocket expense.  This will be accomplished by increasing the employee’s  salary or budgeted hourly rate by the same amount.  Employees may be asked to provide evidence of the current policy covering them and the costs involved.

3634:   Such support will begin after the four month trial employment period.  (See Policy 3840.)

3640:   Long Term Disability Insurance.  TCC will obtain Long Term Disability Insurance for salaried employees and add the cost of the insurance to the employee’s W-2 income.  This is done only so any resulting benefit payment will come to the employee tax free.

3650:   Dental Insurance.  TCC will pay the cost of dental insurance under the UUA Plan for salaried employees.

3660:   Employer FICA.  The employer share of the FICA tax will be budgeted for all employees including the minister.  Since a minister must pay such tax directly, the employer share of FICA will be added to the minister’s salary as additional W-2 income.

3661:   In no case will the employer share of FICA not be budgeted for the minister.  If an adjustment must be made to the budget before taking it to the congregation, the minister’s salary amount will be reduced, rather than the FICA.

3680:   Education and Professional Development.  THE COMMUNITY CHURCH supports employees who wish to enhance their professional development and job-related skills through external training programs and conferences.  In addition, employees may be asked to attend such programs and conferences as a participant or presenter.  If an employee is required by her or his supervisor to participate in a training event, participation, up to 8 hours per day, will count as work time.  In other cases, how much, if any, training time will count as work time will be established by the supervisor in consultation with the employee prior to the event.

3681:   For some staff positions, money may be allocated to help cover the cost of outside training and conferences within the limits of the annual budget.  In order to be reimbursed for such expenses, prior approval of the supervisor is required.

3682:   Although THE COMMUNITY CHURCH does not cover the cost of continuing education, it will attempt to accommodate continuing education through flexible scheduling.

3700:   Compensated Time.

3705:   Workweek.  The TCC workweek begins on Sunday and ends on Saturday.

3708:   Any employee paid by hourly rate shall receive two hours minimum pay any time they are scheduled or called in to work.

3710:   Time Cards.  All regular hourly and intermittent employees must complete a time card for each pay period in which they work. This assures appropriate compensation for hours worked and fulfills legal requirements.  If more hours are recorded than an employee is regularly scheduled for, the employee’s supervisor or the Business Manager must sign that employee’s time card.

3720:   Overtime.  Overtime is hours of work exceeding 40 during the week and is assigned because of conditions and circumstances which merit extra compensation.

3721:   Overtime work is compensated at 1.5 times the regular rate of pay.

3722:   The employee’s supervisor or the Business Manager must approve overtime.

3730:   Compensatory Time.  “Compensatory time” (a.k.a. “comp time”) is non-scheduled time or overtime worked for which the employee is granted future time away from the regular hourly schedule in lieu of pay.

3731:   All applicable rules pertaining to overtime also apply to compensatory time.

3732:   The supervisor has discretion over whether to grant overtime pay or compensatory time.

3733:   Any compensatory time balance in excess of ten hours accrued by Regular Hourly employees will be paid out after 30 days.  Salaried employees will lose any earned compensatory time balance after 30 days.

3734:   Compensatory time, both earned and used, must be reported to the Business Manager who will maintain a record of all such transactions. 

3800:   Complaints, Discipline, and Terminations.

3805:   Complaints.  As a matter of general policy, supervisors will provide an open door for discussion and a receptive ear and will review all staff member’s suggestions or complaints concerning our work practices and procedures.

3806:   If an employee feels that she or he is being harassed or illegally discriminated against by anyone in TCC, she or he should first make it clear to the person they feel is the source of the harassment that the behavior is unwelcome and inappropriate.  If the harassment persists or is particularly egregious the employee should report it immediately to her or his supervisor, the Business Manager, the Minister, the Personnel Committee, or any member of the Board of Trustees. 

3810:   Complaint Procedures.  If an employee wishes to make a formal complaint, it should be done within a reasonable time after the incident has occurred or the issue has arisen.  We consider an open discussion between employee and supervisor as the first step in the complaint process. 

3811:   The supervisor must respond to the complaint in a timely manner, not to exceed two weeks.

3812:   If the supervisor does not resolve the complaint within two weeks or if the staff member disagrees with the supervisor’s solution, the staff member may appeal to the Board of Trustees.  Such appeals must be in writing with the nature of the grievance clearly outlined.  The Board will investigate the complaint and notify the staff member, in writing, of a decision within a reasonable amount of time. 

3813:   If an employee is accused of harassment, the accused will be given the opportunity to explain and present any evidence to the contrary.  If an accusation is substantiated the accused will be disciplined as appropriate, which may include, but is not limited to, termination of employment, depending on the circumstances.

3814:   If the claim is substantiated it is the Board’s responsibility and intention to take measures to ensure a safe work environment.  If the claim cannot be substantiated, the accused will be reminded of the policy and the situation will be monitored for a reasonable period of time to protect everyone involved.

3815:   The resolution recommended by the Board will be binding upon the congregation and employee.

3816:   Retaliation or reprisal against employees who report harassment claims is prohibited and will not be tolerated.  Any violation of this policy will be treated as a serious matter and will result in disciplinary action, up to and including termination.

3817:   Repeated false claims of harassment are disruptive to the business of TCC and may be grounds for disciplinary action, including dismissal.

3819:   If the employee has any questions about this policy or wonders whether an event constitutes harassment, the employee should immediately contact her or his supervisor, the Business Manager, the Minister, any member of the Personnel Committee or the Board of Trustees.

3820:   Employee Discipline.  Actions by staff members that are inappropriate for the work environment, are a hindrance to effective job performance, or violate policy, constitute improper conduct and may be cause for disciplinary action.  THE COMMUNITY CHURCH maintains a progressive and participatory disciplinary system, which may include the following steps:

3821:   Documented oral warning.

3822:   Written warning.

3823:   Based on circumstances, suspension with pay.

3824:   With Board approval, suspension without pay and/or termination of employment.

3825:   Based on circumstances, a supervisor may choose disciplinary action at any step in the process, including immediate suspension and recommendation of dismissal.

3826:   All disciplinary action beyond oral warning requires notification to the Personnel Committee and the Board of Trustees.

3827:   The employee will be given the opportunity to submit a written response to any documented disciplinary actions.  The employee’s written response will be attached to the disciplinary documentation and included in the personnel file.

3830:   Termination.  A termination may be voluntary or involuntary.

3831:   If an employee decides to resign from employment at THE COMMUNITY CHURCH, we ask that she or he give a minimum of two (2) weeks notice, submit a letter of resignation, and have an exit interview with the supervisor or Business Manager.

3832:   An employee is considered to have resigned if the employee does not return from a leave of absence, or has an unexcused absence of three consecutive scheduled work days or of seven consecutive calendar days, whichever is shorter.

3833:   Before leaving on the last day of work, the employee must return all Fellowship property, including keys, credit cards, computer equipment, passwords, and all documentation issued during the course of employment.

3834:   THE COMMUNITY CHURCH reserves the right to terminate any employee at any time, with or without cause or notice.  Involuntary termination requires action by the Board of Trustees, except during the trial employment period.

3840:   Trial Employment Period.  The first four months of employment constitutes a trial employment period.  This introductory period for all employees is meant to provide the employee and THE COMMUNITY CHURCH with an opportunity to evaluate the working relationship.

3841:   During the trial period, an employee’s supervisor may terminate employment for any reason without prior approval of the Board of Trustees.  In such a case, a report will be made to the Personnel Committee and the Board of Trustees.

3850:   Regular Employment Period.  After the trial employment period, employment may be terminated only by action of the Board of Trustees.  Generally, an employee with poor work performance or problem behavior will be given the opportunity to improve prior to termination.

3860:   Job Elimination and Layoffs.  Cutbacks or staff restructuring may be deemed necessary.  THE COMMUNITY CHURCH will strive to minimize the negative impact on current employees if a reduction in the workforce is planned.  Should such a layoff be necessary, all affected staff members will be given as much advance notice as possible.

3900:   General Conditions of the Workplace.

3901:   TCC's property and equipment are for legitimate business use only.

3902:   When TCC provides Internet access (including e-mail) to its staff members, it is to assist and facilitate business communications and work related research.  These services are for legitimate business use only in the course of assigned duties.  All materials, information, and software created, transmitted, downloaded, or stored on TCC's computer system are the property of TCC and may be accessed only by authorized personnel.

3903:   Limited personal use of TCC's computers and internet access is allowed for employees to perform personal tasks (e.g. check personal email, do word processing tasks, etc.) subject to the following limitations:

a)  Personal use of the computer and access line must not interfere with regular church business.  This includes tying up phone lines for long periods while accessing the ISP.

b)  Personal use of church property may not incur cost to TCC.  Personal toll calls, for example, may not be made at church expense.  An exception is allowed in the case of brief calls by employees on immediate family business.

c)  No personal data or files are to be stored on TCC computers.

3910:   Employees as Volunteers.  A volunteer is someone who donates time without expectation of compensation.  Volunteer service at TCC on the part of staff members is never expected and is generally discouraged, in order to avoid confusion of roles.  If an employee does volunteer, it is imperative that the line be clearly drawn as to when the employee is in her or his staff role and when she or he is a volunteer.  Employees shall strictly avoid volunteering for activities, which closely resemble their paid work.

3911:   Staff responsibilities must take priority over any volunteer or membership interest.

3912:   Issues regarding other staff members shall be addressed through staff channels, rather than volunteer channels.

3920:   Counseling.  Paid staff members, even if members or supporting friends of THE COMMUNITY CHURCH, are not eligible for pastoral counseling with the Minister.

3930:   Reviews and Goal Setting.  Salaried and Regular Hourly employees will have an employment review at the end of the trial employment period and once a year thereafter. 

3931:   Each employee will set goals for the following year with her or his supervisor.  Those goals will focus on positive development of the employee and the employee’s progress and job needs.  

3932:   The annual review process will be cooperative and is designed to facilitate positive, constructive communication between employees and supervisors.  The form for documenting performance reviews will include a place for the employee and supervisor to sign and date documenting that the employee has had an opportunity to read the evaluation before it is entered into the personnel file.  In the event that an employee takes exception to the content of the evaluation, the employee may attach a written rebuttal to the evaluation and this too will be included in the personnel file. 

3940:   Work Schedule, Flextime, and Off-Site Work.  Flextime is an approved deviation from an employee’s regular work schedule.  Off-site work is work performed at some location other than TCC.  Regular work schedule and work location are to be arranged for optimal effectiveness, with the approval of the supervisor.  The supervisor, on a case-by-case basis taking into account the needs of TCC and the needs of the employee, will decide approval of flextime or offsite work.

3945:   There are generally no funds available for work beyond the budgeted amounts.  Hours worked in addition to the regular schedule require authorization of the employee’s supervisor.

3950:   Pay Periods.  Paychecks are produced weekly, providing time cards are received in a timely manner for processing.  Checks will be available at TCC no later than ten days after the end of the pay period.  Alternate pay schedules may be arranged by specific mutual agreement between the employee and the Treasurer.

3951:   Salaried employees will be paid 1/52^nd of their annual salary each week.

3960:   Minimum Wage.  All employees except those providing custodial care of children will be paid at a rate at least as great as the minimum wage.

3970:   Attire and Personal Conduct.  THE COMMUNITY CHURCH reserves the right to define appropriate standards of appearance for the workplace.  It is expected that employees will maintain a clean and neat appearance, in accordance with their position, and will project a professional and business-like image in dealing with other staff, members, visitors, and the general public.  

3971:   Confidentiality.  Employees may have access to confidential information about the Employer, including, but not limited to information about members, friends, or other staff members.  Such information must remain confidential and may not be released, removed from TCC's premises, copied, transmitted or in any other way used for any purpose by employees outside the scope of their employment.  All requests for information concerning past or present employees received from organizations or individuals should be directed to the Business Manager.

3980:   Safety and Inspection Rights.  Employees are expected to employ safe work practices on the job and on the church property. 

3981:   Threats, threatening behavior, or acts of violence by anyone on church property will not be tolerated.

3982:   Churches, like other organizations, are sometimes the victims of thieves.  The church has on its premises storage facilities such as desks, file cabinets, closets and storage areas for the use of employees, however, the church can make no assurances that they will always be secure.  The storage of any unauthorized alcohol, illegal drugs, or drug-related paraphernalia is prohibited on church premises.  Therefore, THE COMMUNITY CHURCH reserves the right to open and inspect any desk, file cabinet, storage closet, or storage area at any time and without prior notice or consent.  Employees may not use personal locks on church owned desks, cabinets, closets or storage areas.

3990:   Personnel File.  It is important that an employee’s personnel file contains up-to-date information.  Employees should advise their supervisor or the Business Manager immediately whenever there are changes in their personal data, such as address, telephone number, marital status, domestic partners, number of dependents, and person to notify in case of emergency.

3991:   Employees have the right to inspect their personnel file during regular work hours, given reasonable notice to their supervisor or the Business Manager.  Employees may obtain copies of any document contained in their personnel file to the extent required by law.

3992:   Personnel records are the property of THE COMMUNITY CHURCH and are not allowed to be taken from the Business Manager’s office without authorization.

3993    Employees may request that additional documentation be added to their personnel file.  This may include letters of commendation, award certificates, documentation of training received, written rebuttals of unfavorable personnel evaluations, or employee’s written response to disciplinary actions.  See the subsections on “Reviews and Goal-Setting” and “Employee Discipline” for more guidance as relating to those specific personnel actions.