I Am Pleased to Introduce the Revised Edition of PARISH PERSONNEL GUIDELINES and RESOURCE

Greetings!

I am pleased to introduce the revised edition of PARISH PERSONNEL GUIDELINES AND RESOURCE GUIDE. This publication is the updated and expanded version of "Parish Personnel Guidelines: A Model Handbook," which was first published in 1993. Whether developing an employee personnel handbook for the first time, or revising a current edition, I hope this publication will assist in your efforts.

The Archdiocesan Pastoral Council first discussed the need for parishes to establish written personnel guidelines for employees in 1990. Since then, many parishes have developed employee handbooks for their employees. Keeping these publications current, as the laws and business trends require, can be a daunting task. I believe this publication will be a resource to you in this endeavor.

Retention and recruitment of excellent parish employees is vital to the life of any parish. Having clear, consistent policies and practices, rooted in justice, sends the message to employees that you respect their work and ministry within the Church. The lack of written guidelines can cause confusion and lead to conflict and turmoil within a parish staff. Our busy days are better spent working to accomplish the mission of the parish than resolving disputes over who gets more vacation time!

Since this is now an on-line publication, revisions will be made from time to time to keep it current. Please let us know if you spot sections that do not adequately address your needs or fail to provide clear direction. Thank you for your assistance.

Sincerely,

Jane Budney, Director of Parish and School Personnel Archdiocese of Milwaukee

August 2010

1 INTRODUCTION

What is the purpose of this manual? This manual is designed to help the Pastor, Parish Director, Personnel Committee and other parish leaders create and maintain a Parish Personnel Handbook for your employees. Secondly, by inclusion of the Analysis and Appendix sections, it will provide a ready reference on employment matters within a church context.

Who is the manual designed for? This manual is designed first and foremost with the Pastor/Parish Director in mind. However, as the demands on your time continue to grow, it is unrealistic to expect you to do it all. While you should have a working knowledge of the personnel policies and practices in the parish, you need to call on others for expert assistance.

In some parishes, the Director of Administrative Services will play a key role in the development and implementation of these policies. In smaller parishes, it is highly recommended that a Parish Personnel Committee be formed. This committee can be the main resource to you on matters of personnel and employment. (See the Appendix for information on Parish Personnel Committees.)

The field of employment law is becoming more complicated every year. Having a group of informed and knowledgeable people serving on a Parish Personnel Committee will be invaluable. Employees today clearly know their employment rights under state and federal laws, and will rightly exercise them if needed. Pastors and Parish Directors also must know what rights exist for employees under Canon Law to avoid employee appeals to the Tribunal Court of Equity.

Why develop a Parish Personnel Handbook? Whether your parish is large or small, employs full-time staff or only several part- time employees, a Parish Personnel Handbook can make your job easier. It helps to define and direct a course of action as situations arise, without the need to rely on memory or precedent alone. Your employees will appreciate the fact that policies are not created on the spot, and are not inconsistently administered.

The employee handbook is an effective orientation tool in that it lays out a framework of policies and practices which you can discuss with the new employee on the first day of work. Thereafter, it provides a resource for the employees to discover for themselves how a particular policy or practice will apply to their situation. Your staff will not have to ask you for clarification every time they have a question on employment practices in the parish.

*Written personnel policies also help the parish by:

 establishing well balanced approaches to typical employee concerns about workplace fairness  informing employees about their rights, privileges and obligations  focusing employee energy on the work to be done, thus maximizing output in spite of facing more demands and fewer resources

2  operating consistently and within the framework of the many laws which govern the workplace  informing supervisors of the proper way to address ongoing workplace concerns  facilitating the development of just and humane work practices envisioned in the Church’s teaching.

*(Source: NACPA “Personnel Policies and Procedures, 1994)

Where to begin and end? If your parish has not had an employee handbook before, the following steps may be helpful in beginning the task:

1. Inform the Parish Council and the Personnel Committee of the need for formulation of an employee handbook. Ask the Personnel Committee, with the Parish Council blessing, to begin the process of drafting a handbook using the Model Handbook section of this Manual as a guide. Other resources that may be of assistance to the Personnel Committee are listed in the Appendix section. 2. The committee should research and inventory existing policies and practices relating to personnel in the parish. This would include contracts used, listings of benefits offered, outdated employee handbooks, etc. If the parish is merging with another parish, drafting a comparison sheet of the policies and benefits of each parish would be useful. 3. If your parish has an elementary school, there is most likely a faculty handbook already developed. There should be consistency between the parish and school handbook wherever possible, and any differences should be noted (i.e. no vacation provided for school faculty positions). It should be noted that the school is an extension of the parish, and most policies should apply for all employees except where noted. When developing school personnel policies in conjunction with the school principal, the Archdiocesan Education Department's Policy and Procedure Manual should be used. 4. Once the Personnel Committee has compiled a rough draft of the handbook, have an outside third party review it for completeness and clarity. The Office for Parish and School Personnel at the Archdiocese of Milwaukee will assist with this review. It is important that the tone of the handbook reflect who we are, a Catholic, religious institution. Handbook language that is too “corporate” in its style is not well received by Church employees. 5. Have the draft of the handbook circulated internally to several parish employees and parish leaders. Find out if there are any “hot button” issues that need to be re-examined by the Personnel Committee. 6. Send the draft of the handbook to legal counsel for review. Make sure the legal counsel selected works in Employment Law. Revise as necessary. 7. Have the Personnel Committee present the final draft of the handbook to the Parish Council. They should ask the Council to review the handbook during the next two weeks, and if anything seems unclear or incomplete, to send their written comments to the chair of the Personnel Committee. The Personnel Committee will consider and address the written comments received before the next Parish Council meeting. At the next Council meeting, the Council will be asked to approve in total the use of the completed

3 handbook. The Council should not be permitted to “line-item” the handbook, as this undermines the work of the Personnel Committee. 8. Present to each employee their copy of the employee handbook. Have them sign a written acknowledgement that they have received and read it. Let them know that if they have any questions about any aspect of the handbook, they should contact their supervisor for more information. 9. Set a date for the next review of the handbook by the Personnel Committee. The life of an employee handbook is generally two to three years. Changes within this time period are normally made as required by law or as appropriate based on the changing needs of the parish.

4 HOW TO USE THIS MANUAL

This manual is arranged to make it easy for a parish to design or revise its own Parish Personnel Handbook. This manual will lead you step by step through the various recommended sections for the handbook.

The manual consists of four sections:

 MODEL HANDBOOK Sample wording for each section. In most cases, the parish could insert this exact wording into its own handbook. Blanks will be provided in those areas where the parish must decide on its own policy requirements.

 ANALYSIS PAGES The analysis pages give you background and alternatives for the wording in the model handbook section. It will inform you of legal considerations, suggested inserts, or rationale for including the policy in your parish's manual. This section will also serve as a resource for you if problems develop over a particular policy at your parish.

 APPENDIX Sample forms and other resource material is assembled here for parish use. You may copy forms in this section for your own use.

5 CONTENTS

Greeting Introduction How to Use This Manual

SECTIONS I. and II. MODEL HANDBOOK AND ANALYSIS SECTIONS

TOPIC PAGE PAGE MODEL ANALYSIS HANDBOOK SECTION Letter From Pastor 8 --- Introduction 9 46 A Brief History of Parish 10 47 Mission Statement of Parish 11 48 Organizational Chart 12 49 Equal Opportunity Statement 13 50 Position Classifications 14 51 Use of Contracts --- 52 Position Descriptions 15 53 Personnel Records 16 54 Criminal Records 17 55,56,57,58 Employee Commitment to Parish 18 --- Commitment to Growth 19 --- Health and Wellness 19 --- Attendance and Dependability 19 --- Commitment to Know and Perform Your Job Responsibilities 20 --- Appearance and Dress 20 --- Employee Responsibility for Conduct 20,21,22 59 Computer and Electronic Communications 23,24,25 --- Work Hours 26 60 Overtime 27 61 Compensatory Time Off 28,29 62 Wage and Salary Considerations 30 63 Adjustments in Wages or Salaries 30 63 Pay Day 31 64 Deductions / Taxes 31 --- Group Health Benefits 32 65,66,67 Health Insurance 32 65 Dental Insurance 32 65 Life Insurance 32 66 6 Disability Insurance 32 66 Pension Plan 32 --- Tax Sheltered Annuity 32 67 Workers’ Compensation 32 --- Church Unemployment Pay Program 32 --- Vacation Benefits 33 68,69 Holidays 34 70 Employee Leave 35,36,37 --- Bereavement Leave 35 71 Sick Leave 36 72,73,74 Personal Leave (Paid and Unpaid) 37 75,76 Jury Duty 38 77 Military Leave 38 --- Snow / Severe Weather 39 --- Travel Expenses 39 79 Continuing Education 39 78 Performance Planning and Appraisal 40 80,81 Harassment 41,42 82 Grievance Procedures 43,44 83,84 Termination 45 85,86,87

SECTION III. INDEX

SECTION IV. APPENDIX Sample Application Forms Sample Hiring Letter Sample Contract (General) I-9 Form Group Health Extension Notice Sample Evaluation Form Personnel Committee Description Criminal Record Check Procedures Workplace Posters Workplace Justice: NACPA

7 LETTER FROM THE PASTOR / PARISH DIRECTOR

Welcome to ______Parish!

I want to welcome you as a vital part of our parish ministry staff. Whether you are involved in the education of our children, the maintenance of our buildings and grounds, the planning of our liturgical celebrations or some other ministry, you play an important role in this parish.

Such a role requires responsibilities on your part and on the part of the parish. This handbook helps to explain to you what that means at ______Parish. If you have any questions concerning this handbook, please let me know.

Once again, welcome to ______Parish. I hope you enjoy working with us as we seek to share the glory of God within our community.

God's Blessings,

______(Pastor / Parish Director)

INTRODUCTION 8 This handbook has been written to help acquaint you with the parish, its policies, beliefs and benefits provided to employees. The contents of this handbook are presented as a matter of information only. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. For that reason, questions concerning your eligibility for a particular benefit or the applicability of a policy, should be addressed with your supervisor. While the parish supports the plans, policies and procedures described herein, they are not conditions of employment. The parish reserves the right to modify, revoke or change any of the policies, plans or procedures at any time. The language used in the handbook is not intended to create, nor is it to be construed to constitute, a contract between the parish or any one or all of its employees.

No person other than the pastor/parish director has the authority to make any agreement for employment for any specified period of time or to make any agreement contrary to the foregoing, and in such event the agreement must be in writing, signed by the pastor/parish director and the individual employee.

(See Analysis Section: Page 46)

A BRIEF HISTORY OF ______PARISH

9 "The long history of ______Parish began in 1875 as German settlers . . ."

MISSION STATEMENT FOR ______PARISH

10 (Insert a copy of your parish mission statement.)

ORGANIZATIONAL CHART

PARISH MANAGEMENT (Insert an organizational chart showing how the administration and governance structures of the parish are arranged. The charts below are included for visual representation only, not as an endorsement of a particular organizational structure.)

11 Parish Governance is the system responsible for setting direction, formulating policy, and monitoring and evaluating activities meant to accomplish the parish mission.

PARISH COUNCIL AND COMMITTEE CHART (Governance)

PARISH COUNCIL 15 MEMBERS 4 are Ex-Officio (Priests, Lay Trustees) 11 Selected – Three-Year Terms SUB COMMITTEES AND SPECIALIZED MINISTRY AREAS Prayer and Worship Christian Formation Human Concerns Administrative Services

Parish Administration is the system responsible for influencing and empowering people to accomplish the parish mission. The parish staff is the primary administrative group of the parish.

STAFF CHART (Administration)

PASTOR DRE LITURGIST DIRECTOR PRINCIPAL ADMINISTRATIVE SERVICES SECRETARY SECRETARY BOOKKEEPER TEACHERS ½ Time ½ Time SECRETARY

EQUAL OPPORTUNITY STATEMENT 12 ______Parish is fully committed to a policy of equal opportunity in all of its employment practices. In the case of applicants otherwise qualified, no person shall be discriminated against in employment decisions because of factors not relevant to performance. The parish endorses all efforts to eliminate and prevent discrimination on the basis of age, race, color, sex, disability, national origin or other bases protected by law. Decisions for hiring or promotion will be based upon qualification, ability and availability. Since a person's faith and church participation may be essential to their role on behalf of the parish, the law does permit religious convictions to be considered in hiring or promotion decisions.

POSITION CLASSIFICATIONS

13 All positions at this parish are categorized according to hours worked and job responsibilities. These factors will determine what the "status" of each individual position will be.

Your position has been reviewed to determine which category your job falls into. These categories were developed by Congress in 1938 under the Fair Labor Standards Act (wage-hour law). The law stipulates, among other things, that if you work over 40 hours in a week, you will be paid overtime (or comp-time) at one and one half times your regular hourly rate unless your position is "exempt" from this law. Your position will be listed on your job description in one of two ways:

EXEMPT POSITION A parish position in which at least 80% of the work performed is executive, administrative or professional in nature and is paid on a salaried basis. The position might include: supervision of other workers, use of discretionary powers in day to day performance of duties, performs routine, manual work less than 20% of the time, teaching, etc. Parish exempt positions typically include DRE, principal, teacher, director of administrative services (business manager), liturgist, etc.

NON-EXEMPT POSITION Employees who perform other than executive, administrative or professional work as defined by the wage hour law, must receive compensation for overtime at a rate of time and one half as legally required. This position may be paid on either a salaried or hourly basis. Parish positions typically include maintenance, custodial, clerical and housekeeping positions.

Your position will also be classified according to the number of hours you are expected to complete each week. Your position will fit into one of the following descriptions.

Full-Time (salaried or hourly) - an employee working a minimum of 30 hours per week for at least eight months of the year.

Part-Time (salaried or hourly) - an employee working a minimum of 20 hours per week (but less than 30), for at least eight months of the year.

Limited Term - an employee working for a limited number of hours per week, or a limited number of weeks per year, and that does not qualify them for full-time or part- time status.

NOTE: Full-time, part-time, or limited term status will affect your eligibility for benefit offerings. See the benefit section for information.

POSITION DESCRIPTIONS

14 All full-time, part-time, limited-term and key volunteer positions within the parish should have a position description. The position description will identify the major responsibilities and activities of the position, along with the skills, knowledge and ability that are required to perform the position.

An accurate position description is critical for any job in the parish because it is the primary standard by which work performance is measured. All position descriptions will be reviewed periodically to insure that they still reflect the needs of the parish and the changing workload of the employee.

PERSONNEL RECORDS

15 A cumulative personnel file is kept for each employee in the parish office. Personnel records will be maintained in a confidential manner, and are available only to parish representatives with a legitimate “need to know” unless disclosure is authorized or otherwise compelled by law. Employees may inspect their own personnel files periodically, provided they make a timely and reasonable request in advance. Records are not to be removed from the parish office, and are normally viewed together with the supervisor.

It is important that employees keep their supervisors and the office informed of any changes in: name or marital status, address or telephone, number of dependents, tax deductions, and emergency contacts. The file is to be retained after the employee's separation from employment.

CRIMINAL RECORDS

Criminal Records

16 All employment offers from a Catholic parish or school are contingent upon the results of both state and national background checks in accordance with Archdiocesan Safe Guarding All of God’s Family Program. All employees will thereafter have both state and national background checks completed at least every five years.

Convicitons and pending charges will be considered in the hiring process only to the extent they substantially relate to the circumstances of employment sought by the applicant.

(See Analysis Section: Pages 55,56,57,58)

17 EMPLOYEE COMMITMENT TO ______PARISH

As an employee of our parish, it is vital that you share the same vision of mission that this parish has adopted. Only in working together with a commitment toward this mission can we hope to meet the expectations of our parish and our Church.

We hope that you will view your employment here as an opportunity to offer the people of this parish the best that you can give. Just as you expect the parish to provide you with just compensation for your efforts, you must ask yourself whether you are committed to providing your best for ______Parish.

18 COMMITMENT TO GROWTH

It is expected that your educational, technical and spiritual growth will not end once you have been hired at our parish. When you have reached a solid understanding of your job requirements and have performed them reasonably, you should ask yourself the following questions:

 What educational opportunities would assist me in doing my job better, and where could I receive this training?  What technical skills (i.e. computer, boiler repair, piano) could enhance my ability to perform my job, and where could I learn these skills?  Am I comfortable with my present state of personal spirituality or am I struggling? How can I strengthen my own spiritual base in order to share the light of Christ with others?

These questions should be discussed with your pastor, principal or other supervisor to enhance your personal growth and professional value to the parish.

HEALTH AND WELLNESS

As an employee of this parish you are encouraged to show a willingness to pursue and apply knowledge that will improve your physical health. Excessive or abusive use of alcohol, tobacco and drugs are counter productive to this effort. Controlled exercise, weight loss, and stop-smoking classes are available from many group insurance carriers or local agencies. Your health is priceless, and we encourage you to enhance it and enjoy the life that God has given you.

ATTENDANCE AND DEPENDABILITY

Because the parish depends heavily upon its employees, it is important that employees attend work as scheduled. Dependability, attendance, punctuality and a commitment to do the job right are essential at all times. As such, employees are expected at work on all scheduled work days and during all scheduled work hours and to report to work on time. Moreover, an employee must notify his/her supervisor as far in advance as possible, but not later than one hour before his/her scheduled starting time if he/she expects to be late or absent. This policy applies for each day of his/her absence. An employee who fails to contact his/her immediate supervisor may be considered as having voluntarily resigned. A careful record of absenteeism and lateness is kept by the employee's supervisor and becomes part of the personnel record. To the extent permitted by law, absenteeism and lateness lessen an employee's chances for advancement and may result in dismissal.

19 COMMITMENT TO KNOW AND PERFORM YOUR JOB RESPONSIBILITIES

In order to do your job well, you must have a clear understanding of your job expectations. These are contained in the job description given to you at time of hire. You are asked to review it on a regular basis (at least annually). If there are changes or additional responsibilities noted, these should be brought to the attention of your supervisor. Discussion will then take place to determine the appropriateness of such changes in your job description. If you feel you are not able to perform all the duties expected of your position, please discuss these concerns with your supervisor.

APPEARANCE AND DRESS

You are expected to dress appropriately for your particular office and responsibilities. Since different jobs involve different types of activities in a variety of settings, a uniform "dress code" would be impractical. However, you should maintain a professional appearance and grooming at all times that is in keeping with your position. In making this determination, you should consider: a) contact with others ("the public," parish personnel, internal staff; b) setting (office, classroom, laundry, other); and c) duties (clerical, housekeeping, strenuous physical work).

20 EMPLOYEE RESPONSIBILITY FOR STANDARDS OF CONDUCT

In any organization, there are rules and responsibilities which contribute to a harmonious work environment for all employees. Cooperation with these rules and responsibilities are critical for any parish employee where the potential for scandal and parish embarrassment are perhaps greater than many other employers.

The 1983 Revised Code of Canon Law speaks of the personal responsibilities of those who work for the Church:

"Those involved in public ministries or who devote themselves permanently or temporarily to some special services of the Church are to bring the spirit of the Gospel to their daily work (canon 225,n.2); they are to work for the building up of the good of the people of God, as opposed to working only for personal gain (canon 226, n.1); they are to share their expertise with the Church and with the Church's pastors (canon 228,n.2); where appropriate, they are to acquire a deeper knowledge of the sacred services (canon 229,n.2); they have a duty to live holy lives (canon 210). Those who are involved in the Church's teaching ministry are to have a deep respect for the Church's magisterium (canon 218). Teachers in Catholic schools are to be outstanding for their correct doctrine and integrity of life (canon 803,n.2).

Since the Archbishop presides over the diocesan Church and exercises on its behalf a special teaching, sanctifying and governing ministry, public ministers and those who devote themselves permanently or temporarily to some special service of the Church are expected to respect diocesan legislation, as well as the Church's general law, the 1983 Revised Code of Canon Law." (Source: Archdiocese of St. Paul and Minneapolis)

The “Code of Ethical Standards for Church Leaders,” written in 1994 and revised in 1999, can be a valuable resource for parish employees. We ask that you read, understand, and act within the standards outlined in this code. The code is available on the Archdiocesan web site (archmil.org), and/or available from your parish office.

The following standards of conduct are established to help you understand what is expected of you in terms of performance and behavioral standards. This list includes some, but not all, of the possible conduct which may call for discipline.

The following acts of conduct are prohibited and shall be cause for immediate disciplinary action:

A. Misrepresenting facts in obtaining employment, falsifying reports or records, or falsely claiming injury.

B. Unauthorized possession and/or use of intoxicants or illegal drugs on parish premises during work time.

C. Being under the influence of intoxicants or illegal drugs on parish premises or during work time.

21 D. Unauthorized possession of property of a co-worker or of the parish.

E. Being the aggressor in a fight.

F. Immoral or unethical conduct on the work premises or off the premises if the conduct has an adverse impact on the Church, or is inconsistent with Catholic principles.

G. Insubordination.

H. Negligence resulting in injury to self or others.

I. Distributing, posting, or circulating unauthorized notices, posters, handbills, or other materials, in work areas or soliciting employees during work time.

J. Releasing confidential information or records to unauthorized individuals.

K. Intentional waste of materials or supplies. L. Carelessness, inefficiency, or inattention to work. M. Possession of weapons on premises.

N. Harassment. O. Inappropriately accessing the voice mail, electronic mail, or computer files/data of others.

22 COMPUTER AND ELECTRONIC COMMUNICATIONS

The parish provides computer and electronic communications systems to assist you in carrying out your work on behalf of the parish. "Electronic communications" is used here to include personal computers, printers, electronic mail (e-mail), Internet access, telephone and voice mail.

All electronic communications assets, as well as any data files, software, or messages produced in the course of parish work, are owned by the parish. We reserve and may exercise the right to review, audit, intercept, access and disclose all matters on the parish's e-mail, voice mail, and computer systems at any time, with or without employee notice, and access may occur during or outside working hours. This material is stored, and may be retrieved and inspected, even if it has been "deleted" by the user.

You are responsible for seeing that electronic communications assets are used in an effective, ethical and lawful manner. Each employee is personally responsible for the context of all text, audio or images that they store, place, or send via e-mail, including those sent over the Internet.

Electronic communications assets are not to be used in any way that may be illegal, disruptive, in violation of parish rules, offensive to others, or harmful to morale. Items which are considered disruptive or offensive include sexually explicit materials or those which contain threats of violence or defamatory comments that offensively address a person's age, sexual orientation, religious or political beliefs, national origin or disability. Use of electronic communications assets for any kind of harassment is prohibited.

Incidental and occasional personal use of electronic communications assets is permitted; these assets are not, however, to be used for any commercial purposes. Any personal files, data and recordings will be treated no differently than work-related files, data and recordings.

Always adhere to the parish's established security levels and password regulations. In order to continue to provide service during a continued absence from work, the parish may reset your password and supply the new password to your supervisor in order to access needed data, messages, etc. You will then be advised upon your return that this step was necessary.

Employees are not authorized to retrieve or read any e-mail or voice mail not sent to them except as noted above. Using electronic communication assets for improper purposes as discussed above or inappropriately accessing computer files, data and recordings is in violation of our policy and this activity is grounds for discipline, up to and including discharge.

In addition to the preceding, the following additional considerations apply to these specific technologies:

Internet Access

23 The parish may provide you ability to access the Internet and the World-Wide Web to assist you in carrying out your work.

Unless required for carrying out your parish job duties, do not view Internet sites or download material which contains content that is abusive to individuals or groups, is sexually or violently graphic, or which is otherwise inappropriate in our workplace.

Always observe copyright law and license agreements of material available via the Internet. Never download software in a way that violates our computer software policy (see Computer Software). Failure to observe copyright laws or licensing agreements may result in disciplinary action from the parish or legal action by the copyright or software license owner.

Electronic Mail (e-mail) The parish may provide an electronic mail ("e-mail") system to assist you in carrying out your work on behalf of the parish.

Never use a name other than your real name to send messages, or attempt in any way to obscure the origin of your message.

Do not assume that the confidentiality of any message can be maintained; it is best not to use e-mail to send messages of a confidential or sensitive nature. As a general rule, do not send an e-mail message that you would not be willing to see published in some wider way.

Do not use e-mail to resolve conflicts or for other types of communications that would be better handled through face-to-face meetings or by other means, and avoid using e- mail to send messages that are "angry" in tone.

Do not assume that information sent to you can be forwarded to others. With respect for confidentiality and propriety, carefully review and consider an e-mail message's content before forwarding it to another individual or group. If in doubt, seek permission from the sender before forwarding e-mail.

Never forward "chain" e-mails. This can spread viruses or make your address susceptible to future virus attacks.

E-mail that is needed for a permanent record should be printed and retained in a paper format.

While on vacation, your e-mail system should be programmed to inform senders of your absence.

Voice Mail

24 The parish may provide a telephone voice mail system for your use. Each employee is responsible for maintaining an appropriate and timely personal greeting for his/her voice mail box. Letting callers know your availability is service-minded. When on vacation, your message should direct callers to another number.

Prompt attention to voice mail messages is critical, and employees should respond to incoming messages in an appropriate and timely way.

Employees should keep stored messages to a minimum to protect the system from overload.

Computer Software The parish recognizes that computer software is intellectual property and is protected by the copyright laws of the United States.

The parish makes use of purchased software and purchases a software license for each copy of the software it installs. Parish staff may not make additional copies of purchased software beyond license limitation and may not make copies of purchased software for their personal use.

Parish staff should not install personally owned software on parish computers unless a separate license for this software has been purchased. Staff should also not download or otherwise load shareware software unless license fees have been paid.

25 WORK HOURS

The normal office hours for the parish are from ______AM to ______PM, Monday through Friday. Obviously your job may require different hours to accomplish your particular ministry. Each employee is to work out a schedule of hours with his / her supervisor determined by the function of that particular job. Bear in mind the following factors concerning your work schedule:

 Each employee should have a scheduled number of "core" hours each week, in which other staff, parishioners, and your supervisor can get in touch with you. Changes in these hours should be limited to unusual circumstances.

 A daily, weekly or monthly (depending on your position) log of your workdays / hours will be kept by each employee. Your supervisor will determine how frequently these logs are reviewed.

 Employees are discouraged from working out of their home, except in unusual circumstances.

 Employees should schedule lunch and rest periods in consultation with the supervisor to insure adequate coverage on the job.

Recording of Work Hours

All employees in Wisconsin are required to record their time worked, including exempt employees. As an employer, you are required to make and keep payroll records for each employee, and maintain them for at least three years. This should include the beginning and ending of each workday, the total number of hours worked each day and week, and the rate of pay and wages paid each pay period.

26 OVERTIME

All non-exempt employees (see: Position Classifications) who work beyond forty hours per week will be compensated at a rate of time and one half their regular pay for the overtime. Compensatory time off may also be offered in certain limited instances as a substitute for overtime. Authorization to work overtime must be approved in advance by the pastor or his designee, with the exception of emergency situations.

27 COMPENSATORY TIME OFF

NON-EXEMPT EMPLOYEES

Non-exempt employees (see definition, page 7) who are required to work hours beyond their normally scheduled hours, and in excess of forty hours per week, may be asked to rearrange their schedule during that week. This might mean less hours during normal working times so that the total during the week does not exceed forty hours.

If compensatory time is not taken within the same work week, but within the same pay period that the overtime occurs, then the employee is entitled to one and one half hours for each hour in excess of forty.

If the compensatory time cannot be taken by the end of the pay period in which it was earned, it will be paid as overtime pay at the rate of one and one half times the employee's regular hourly rate for each hour in excess of forty hours.

EXEMPT EMPLOYEES

Exempt employees (see definition, page 7), as the term implies, are exempt from the overtime regulations. As such, they are expected to put in the time needed to accomplish their job, even in excess of forty hours per week.

It is not in the best interest of the parish or its employees to promote continued excessive work hours or extreme stress. In these cases, employees are encouraged to take compensatory time off as arranged with their supervisor. The following guidelines should be kept in mind when arranging for comp time:

1 Full-time exempt employees are expected to put in the time needed to get one's job done, even if it occasionally exceeds the regular weekly work hours.

2 Comp time does not apply to coming in early or working late which is considered part of professionalism. Nor is it intended to foster an hour for hour mentality. It applies to night work after a regular eight hour day or weekend work after a regular forty hour week.

3 Comp time should be taken as soon as convenient to the time it occurs to avoid unreasonable work stress. Normally comp time is to be taken within ______months of when it occurs.

4 Convention or seminar days are considered eight hour days even if there is night work. Travel to and from conventions and seminars is not considered for comp time.

(Continued on next page.)

5 Exempt employees are not eligible for overtime pay as are non-exempt employees. 28 6 All comp time earned must be taken before the last day of employment. No financial reimbursement will be paid for comp time not used.

7 Each supervisor and employee should develop an appropriate work log or calendar that will be most helpful to them to keep track of comp time.

29 WAGE AND SALARY CONSIDERATIONS

All employees are assigned an hourly wage rate or annual salary when initially hired. This rate is selected based on the particular demands of the position, comparisons with other positions inside the parish, other parishes and businesses within the diocese, and the experience and talents that the employee brings to the job.

Actual wage rates and salaries are an agreement between the employee and the parish, and will normally not be disclosed by the parish without the approval of the employees. Exceptions to this would be in those instances in which budget planning or legal disclosure are necessary.

ADJUSTMENTS IN WAGES OR SALARIES

Hourly wage rates and salaries for each employee will be reviewed by the parish at least annually. Adjustments will be based on parish financial resources, internal and external wage and salary comparison, and each individual's overall job performance. If you have not been approached by your supervisor concerning your wage or salary within the last twelve months, please notify him / her immediately.

(See Analysis Section: Page 63) 30 PAYDAY

The parish payroll is computed and paid on a ______(weekly, bi- weekly, semi-monthly, monthly) basis. Employees will be paid by check or by direct deposit of funds to a checking account at the bank of their choice. If you are unable to receive your check on the day of distribution, please notify the parish office and make the necessary arrangements. It is parish policy that the employee paychecks will only be given personally to that employee. All other arrangements for mailing or pickup must be made in advance and in writing. Requests for early distribution of checks will not be honored except for unusual situations approved by the pastor.

DEDUCTIONS / TAXES

The following required payroll deductions will be taken from your paycheck. Please see your supervisor if you desire more information about any of these, or if you wish to arrange for voluntary deductions for such options as credit union or 403(b) savings plans.

 Federal Withholding  State Withholding  FICA (Social Security)  M / C (Medicare)

Please note that the amount of federal and state withholding is affected by the number of exemptions claimed on the W-4 Form. If your marital status changes, or the number of exemptions previously claimed increases or decreases, a new W-4 must be submitted to the parish office.

31 GROUP BENEFIT PLANS

HEALTH INSURANCE (Provide a brief description of your plan offerings.)

DENTAL INSURANCE (Provide a brief description of your plan offerings, if offered.)

LIFE INSURANCE (Provide a brief description of your plan offerings.)

DISABILITY INSURANCE (Provide a brief description of your plan offerings, if offered.)

PENSION PLAN All full time lay employees of the parish automatically become members in the Archdiocesan Pension Plan after completion of one year of full-time employment. You pay nothing for these benefits. Contributions to the Pension Trust Fund are made for you by the parish. Once you complete five continuous years of membership service (in addition to the one-year qualifying period), you qualify for a lifetime pension when you reach retirement age. Pension payments will vary based upon years of service and other factors. A summary booklet explaining the plan in greater detail is available from the parish office.

TAX SHELTERED ANNUITY (403-B) Provides an opportunity for parish and school employees to deduct a portion of their salary, and place it in a tax sheltered savings plan. This supplements the Lay Employees' Pension Plan and Social Security benefits and can provide additional retirement earnings.

WORKER'S COMPENSATION All employees of the parish are covered under provisions of the Wisconsin Worker's Compensation Act. The law provides for payment of medical expenses and wage loss incurred as a result of illness attributable to work or injury occurring in the course of your work activities. Any such illness or accident must be reported promptly to your supervisor. There is no cost to the employee. Premiums are paid by the parish.

CHURCH UNEMPLOYMENT PAY PROGRAM This program provides eligible employees with a temporary pay continuation plan while they seek new employment if their job is terminated for certain unavoidable reasons. Contact the parish office for eligibility and benefit information.

(See Analysis Section: Pages 65,66,67)

32 VACATION BENEFITS

Vacation benefits are provided by the parish to all full time and regular part time employees. (Teachers and school personnel, unless otherwise stated in their contracts, do not qualify because of the nature of their work schedules.) The following schedule determines your vacation benefits:

Years of Continuous Parish Service Paid Vacation Available More than 6 months but less than 1 year 5 days One year completed but less than ____ years completed 10 days ____ years completed but less than ____ years 15 days ____ years completed and over 20 days

8 Years of continuous service can be part time or full time. Part-time employees (see definition, page 7), depending on hours worked, receive a prorated amount of vacation compared to full-time employees.

9 Employees switching from part time to full time work will receive half credit for each year of part time work toward the full time benefit.

10 Vacation time is paid on the basis of the employee's regular workday (excluding overtime), and rate of pay at the time of the vacation.

11 Vacation time should be taken in no less than ______(one hour, half day, full day, full week) increments.

12 Carryover of vacation benefits from one anniversary year to the next is allowed only under unusual circumstances, approved in writing by the pastor.

13 Vacation dates are to be reviewed with your supervisor and any conflicts with the dates discussed. Written acknowledgement of approved dates are recommended at least one week in advance.

14 Any employee who terminates and has more than one year of service receives pay for any vacation earned in the previous anniversary year, but not taken as of the date of termination.

(See Analysis Section: Pages 68,69)

33 HOLIDAYS

The parish will compensate full-time employees with time off with pay for the following holidays:

New Year's Day Memorial Day Fourth of July (observed) Labor Day Thanksgiving Friday after Thanksgiving Christmas ______

Those employees whose normal work responsibilities require them to work on these holidays may take an alternate paid day off within the next two weeks. Part-time employees who normally would work on a holiday will be given the day off with pay (their normally scheduled hours only).

Legal holidays which occur on a Saturday or Sunday will be observed either on the preceding Friday or on the following Monday, depending on the national observance.

NOTE: School employees are provided holidays only as specified in the school calendar.

34 BEREAVEMENT LEAVE

All full-time and part-time employees who experience a death in their immediate family may be absent from work without losing pay for up to three days as needed to arrange for and attend the funeral. Immediate family is defined for this policy as: spouse, child, stepchild, parent, parent-in-law, stepparent, brother, sister, or a relative residing in the same household.

One day without loss of pay will be provided for all full-time and part-time employees who wish to attend the funeral of a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, aunt, uncle, niece or nephew.

Part-time employees are provided compensation only for scheduled work time missed. All employees are expected to notify their supervisor prior to taking funeral leave. Funeral leave does not apply when an employee is concurrently receiving any other form of compensation such as worker's compensation.

Funeral leave will not apply if you do not miss work, e.g. an out-of-state funeral which you do not attend or a funeral occurring on non-work days.

Employees desiring additional time off without pay, or time off to attend funerals other than as provided by this policy, should seek assistance from their supervisor.

35 SICK LEAVE

The parish provides each full time employee with ______days paid sick leave per ______(month, calendar year, anniversary year) of employment, accumulative to ______(e.g. 30,40,60) total days. These paid sick days are to be used when the employee is unable to report to work due to personal illness. They may also be used in those instances when the illness of a member of the immediate family prevents the employee from being able to report to work.

Part-time employees working at least twenty hours per week would also participate in this sick leave policy, but at one half the level for full time employees. Paid sick leave should be taken in no less than one half day increments. Accumulated paid sick leave is not paid to the employee at termination of employment.

Use of paid sick leave does not preclude the parish from taking appropriate disciplinary action in the case of excessive absenteeism. The parish may require medical documentation for paid sick leave use of greater than three consecutive days. Prompt notification of any absence due to illness should be made to the employee's supervisor.

MATERNITY LEAVE POLICIES Requests for time off of work due to pregnancy or birth of a child will be handled in the following manners:

Medical Necessity: When a woman is restricted from performing her normal work duties because of medical concerns or complications during pregnancy and/or childbirth, leave time will be granted in the same manner as other medical conditions. Coordination between the employee, her physician and the parish/school is essential. As with other medical situations, documentation authorizing a release from work and a return-to-work date is expected. Sick leave benefits, if available, will be utilized during such time off.

Maternity/Paternity Leave Requests: Once a woman has been cleared by her physician to return to work, she is expected to return and continue her regular duties. Either parent, however, may request an extended leave for childcare following the birth or adoption of a child. Such leave would be without pay, except that accumulated sick leave days may be utilized. See the general policy on "Personal Leave" for more information.

(See Analysis for state and federal Family and Medical Leave Act requirements for parishes with more than 50 employees.)

36 PERSONAL LEAVE (PAID and UNPAID)

Unforeseen circumstances may require an employee to seek time off from work. Such requests are handled in the following ways:

PERSONAL LEAVE (PAID) Full-time employees are allowed to be absent from work without loss of pay for personal reasons no more than ______days per calendar year. The days may be taken in ______(half day, hourly) increments. There is no accumulation of days allowed and days not utilized are not reimbursable for cash payment. Notification of such leave should be made as soon as possible to the employee's supervisor.

PERSONAL LEAVE (UNPAID) Full-time or part-time employees may request time off work without pay for compelling personal reasons. Approval must be granted in advance by the employee's supervisor and the pastor. Such approval will be in writing.

Prior to formal approval of such leave, agreement must be reached between the employee and the parish on the following points:  reason for request  length of leave requested  status of position when returning  status of benefit plans

37 JURY DUTY

An employee required to serve as a jury member who presents a court pay voucher to his / her supervisor will be compensated for the period of jury duty based on the difference between jury fees (excluding food and mileage allowance) and the amount of the employee's normal straight-time earnings for that period. The employee should submit the jury fees to the parish and receive his / her regular daily wage. To be eligible for jury duty pay, an employee must be at work during regular working hours while not on jury duty. (See Analysis Section: Page 77)

MILITARY LEAVE

If you have written orders to be absent from work to participate in active duty or training in the Armed Forces, you will be granted unpaid military leave and may not be discriminated against for participating in such training. (Employees on military leave may substitute accrued paid leave for unpaid leave.)

If you are required to participate in annual training to maintain your status in the Armed Forces, you will be paid (up to 14 days) the difference between your regular salary and your military leave pay if the salary paid by the parish is higher.

If you are a returned veteran who meets the conditions of eligibility, you will be re- employed in your former position or a position of like seniority, status, and pay with accumulated seniority for the period of your absence according to applicable law. As an eligible veteran, you shall be restored at the status of employment that you would have enjoyed if you had continued work from the time you entered the Armed Forces until the time you returned. In determining the position to which you shall be returned, the following principles will be considered:

A. The purpose of the law is to assure a veteran that you will not be denied those changes and advancements that would necessarily have occurred simply by virtue of continued employment. B. As a returning veteran, the law does not guarantee you the perfect reproduction of the civilian employment you might have attained, and you may not lay claim to opportunities that might have flowed to you from experience, effort, or chance. C. You are not entitled to demand that you be assigned to a position higher than you formerly held when promotion depends upon the employer's discretion, e.g. when qualifications are a factor.

To be eligible for re-employment rights, you must:

A. have left a position that is other than temporary; B. have served in the Armed Forces no more than five years; C. have satisfactorily completed a period of active duty. You are not eligible if your discharge denotes bad conduct, is dishonorable, or is under conditions other than honorable; D. make application within applicable legal time limits.

38 When entering active duty, you are allowed insurance continuation rights. For the first (____) month(s) of such absence due to active duty, the parish will continue to pay its portion of the health insurance premium for you if you elect continuation coverage. Thereafter, if you and/or your dependents elect to continue coverage, the coverage must be maintained at your expense.

SNOW / SEVERE WEATHER

In service to the faith community, it is important to keep the building open and phones operating daily. In periods of severe weather, however, the pastor has the option of closing the facility and providing regularly scheduled employees leave with pay. If the parish facilities are not closed but an individual is unable to get to work, that employee has the option of taking vacation (if available) for the day, or a leave without pay.

If weather conditions delay or prevent an employee from reporting to work, they should notify the parish as soon as possible. If weather conditions make it necessary to close the facilities early, the pastor will notify employees that they may leave early.

Teachers and school staff should follow separate instructions as provided by the school principal, as school closings often are dependent upon bus transportation issues. TRAVEL EXPENSES

The parish will reimburse employees for mileage and other transportation expenses (tolls, parking) for travel required by the individual's position and approved in advance. The mileage reimbursement rate will be set by the parish and is currently at /mile. Meal costs incurred during travel are generally the employee's expense unless special arrangements have been made in advance. (See Analysis Section: Page 79) CONTINUING EDUCATION

Each employee is encouraged to expand his / her knowledge and expertise to better serve the parish in the work that he / she does. Discussion of continuing education should be a part of the evaluation process with your supervisor. Questions concerning time off work to attend courses, availability of funds for expenses, and educational opportunities should all be discussed individually with your supervisor. (See Analysis Section: Page 78)

39 PERFORMANCE PLANNING AND APPRAISAL

Every position in the parish has a job description and an expectation of what is to be accomplished. For the employee to successfully fulfill that expectation, there must be a clear understanding of what is expected. Performance planning and appraisal seeks to ensure that each employee and his / her supervisor share the same goals and agree on the methods in achieving the expectations for the position.

On an ongoing basis, each employee will meet with his / her supervisor in appraising job performances and planning for future goals and objectives. A formal written appraisal will be a part of this process and will be completed annually by the supervisor.

40 HARASSMENT

The parish is committed to providing a professional work environment for its employees which is totally free from physical, psychological or verbal harassment. This commitment continues our long-standing policy of fair and equal employment to every person regardless of race, religion, color, sex, sexual orientation, national origin, age, marital status, arrest or conviction record, veteran, disability status or other status protected by law. The parish has an obligation to provide a work environment that is free from intimidation and harassment based on any of these factors.

Harassment can occur as a result of a single incident or a pattern of behavior where the purpose or effect is to create a hostile, offensive, or intimidating work environment. Harassment encompasses a broad range of physical or verbal behavior which can include, but is not limited to, the following:

 physical or mental abuse  racial insults  derogatory ethnic slurs  unwelcome sexual advances or touching  sexual comments or sexual jokes  requests for sexual favors used as a condition of employment or affecting any personnel decision such as hiring, promotion or compensation.

Legally, employers and employees are liable for acts of harassment whether committed by supervisors or fellow employees. The parish may be liable for acts of harassment committed by one employee against another regardless of whether there exists a supervisory relationship. An employee can be held individually liable as a harasser and subject to the same penalties which may be imposed upon employers under Title VII of the Civil Rights Act.

The parish prohibits any form of harassment by employees, co-workers and supervisors and should view such actions very seriously. Harassment and other unacceptable activities that could become a condition of employment or a basis for personnel decisions, or which create a hostile environment are specifically prohibited. Any employee who engages in such harassment is subject to immediate discipline, up to and including discharge. It is the responsibility of the parish and of all employees to ensure that these prohibited activities do not occur.

All experiences of harassment are to be reported to or referred to the pastor. If you believe that you have been the subject of prohibited harassment, you should report the matter immediately to the pastor. If appropriate, contact could also be made by one's supervisor. The director of the Parish and School Personnel Office is to be contacted if the alleged incident involves the pastor. Any supervisory employee who becomes aware of a potential harassment situation should report the matter to the pastor, even if there has not been a formal complaint.

Harassment (continued)

41 Each reported incident will be treated seriously, confidentially, and responded to with a timely and thorough investigation. The parish will convene the necessary individuals for appropriate fact-finding and/or intervention. This could include staff from the Archdiocese, and/or individuals from the community with appropriate skill, knowledge or ability. No employee shall be retaliated against for bringing a claim of harassment or for giving information in connection with an investigation of harassment, and the parish will monitor the situation to ensure compliance with this provision.

The parish will provide the appropriate training to effectively implement this policy.

42 GRIEVANCE PROCEDURES

The parish/school is committed to fostering a process to solve problems or resolve disputes that is simple, accessible, timely, and conducted openly and honestly at all steps. The parish/school is also committed to a process in which there is no reprisal against anyone who brings forward a complaint, grievance or problem. These steps are designed to ensure that decisions are being made on an informed and consistent basis. A fair and just process upholds the dignity of all individuals involved and has the greatest potential to resolve differences.

Parish/School personnel policies are intended to promote equitable treatment of all employees. On occasion, however, claims that an employment condition is unjust or inequitable, or that a provision of the personnel policies has been improperly, unjustly or inequitably applied may arise. In the event that these situations cannot be resolved to the mutual satisfaction of employee and employer, a procedure for resolution of the situation may be initiated as follows:

1 Discuss the grievance with your supervisor, pointing out your concerns clearly, and attempt to resolve the issue without further assistance. It is helpful if your concerns are put in writing, and include the nature of the grievance and recommendations for resolution of the grievance.

2 If the grievance has not been resolved to the satisfaction of both parties, the pastor/parish director/school president should be approached to resolve the dispute informally. At the discretion of the pastor/parish director/school president, he/she may attempt to resolve the grievance in one of the following manners:

 The pastor/parish director/school president will convene the parties and attempt to resolve the grievance. (Disputes in which the pastor/parish director/school president is the immediate supervisor begin here.)  The pastor/parish director/ school president may direct the Parish/School Grievance Committee (see step #3) to proceed with their full review of the grievance and submit their recommendation of resolution to him/her.  The pastor/parish director/school president may contact the Archdiocesan Parish and School Personnel Office for assistance in resolving the grievance.

If one or several of the above procedures has not resulted in a resolution of the grievance, the employee may continue the process to level three.

3 Grievances may be heard by the Parish/School Grievance Committee when steps #1 and #2 have been unsuccessful in resolving the dispute. The committee will meet promptly with all parties to the dispute and issue recommendations for resolution to the pastor. The pastor will issue a decision to both parties.

4 Assistance during the parish proceedings and possible appeal procedures through the Archdiocese are available to either parish or employee. Contact

43 the Parish and School Personnel Office for further information. Documents of the grievance along with a letter explaining why an appeal is requested, should be submitted to the Office of Parish and School Personnel within ten days of the pastor/parish director/school president’s decision.

Following the examination of the documents on the Archdiocesan level, the grievance will either be accepted for further appeal, or it will be remanded back to the pastor/parish director/school president. If so warranted, further mediation, grievance panel review, or binding arbitration, subject to review by the Archbishop to assure it does not violate civil or canon law, Church teaching, or parish/school policy, will be considered for resolution of the grievance.

44 TERMINATION

Leaving a position within the parish, whether voluntarily or determined by the pastor, is classified as termination. Terminations may take several forms.

VOLUNTARY TERMINATION The parish requests at least thirty days advance notice prior to actually leaving a position. An exit interview will be conducted prior to the last day of work in which such things as health insurance continuation, return of keys, reasons for leaving, etc. will be discussed.

INVOLUNTARY TERMINATION Involuntary terminations take the following forms:

 Dismissal Reasons for dismissal may include an unwillingness or inability to perform the requirements of the position, violations of standards of conduct or other policies which necessitate severance, or other reasons. Dismissal may be immediate or within a time frame determined by the parish.  Reduction In Staff Economic conditions, lower school enrollments, or change in position responsibilities may require reduction in staff. Generally, the employee will be considered for rehire if conditions change within a reasonable time.  Non-Renewal Of Contract Contracted employees are hired for a specific period of time. The contracts stipulate dates by which non-renewal or renewal offers must be discussed with the employee.  Absent Without Notice When an employee is absent from scheduled work for three consecutive days without notifying his / her supervisor, giving the reasons for such absence, or giving an expected return date, it is determined that the employee has voluntarily resigned. The effective date of resignation is the conclusion of the third consecutive day.

HEALTH CONTINUATION FOLLOWING TERMINATION Under Wisconsin state law, if your employment terminates for reasons other than misconduct on the job, or if your marriage is dissolved due to divorce or annulment, you have the right to continue medical coverage under the group policy for yourself and your insured dependents until the earlier of: (a) the expiration of eighteen months from the date your employment or marriage terminated; (b) the date you are eligible for other group insurance; (c) the end of the period of time for which you paid the group premiums; (d) the date you move out of the state; or (e) for a former spouse of an insured employee, the date the employee is no longer eligible for group coverage. Your right to continue coverage under the group policy is in lieu of your rights under the Conversion Privilege provisions available to you at this time. The eighteen month continuation privilege applies to medical and dental coverage only. IN ORDER TO RETAIN YOUR BENEFITS UNDER THE GROUP POLICY, YOU WILL BE REQUIRED TO MAKE MONTHLY PREMIUM PAYMENTS TO THE PARISH.

Group Coverage Extension Notice Form - See Appendix

45 INTRODUCTION

ANALYSIS

This section is designed to let the reader know what this manual is for, and what it is not for. Clearly, this manual is not an extension of any individual contracts, nor is it an implied contract. The legal language is needed in this section to insure that it is not construed as such.

The language in the sample introduction includes not only a contractual disclaimer, but also insures against parish agreements without the pastor's consent. In employment matters, there has to be a clear delineation as to who represents the parish. In this instance, it is definitely the pastor.

NOTE: If you plan on putting a sunset date on this manual, this is a good section to include it in. Simply state that this manual is intended to be reviewed in its entirety before July 31, 2004. This ensures that the manual is a living document and not just a dust collector on the shelf.

Analysis Section

A BRIEF HISTORY OF ______PARISH

46 ANALYSIS

If employees are to get a sense of where the parish is headed, it is important to have a history of where it has been. Give the new staff member an idea of what has gone into this parish community to make it what it is today.

When was the parish started? Has the same building been used since then? Recent building additions, demolitions. What is the ethnic makeup of the parish? Has this changed over the years? Has there always been a school? Does the parish have an active sister parish relationship?

Analysis Section

MISSION STATEMENT

ANALYSIS

47 If your parish does not have a mission statement, or it has not been updated in years, or it is only understandable to gifted theologians, you might consider preparing a new one. The final product should be brief, understandable and offer a sense of purpose and direction.

To develop a mission statement, it is important to know the answers to these questions:

 Why do we exist as a parish?  Whom do we serve?  What are the core values of this parish (i.e., What do we believe in?)?  How are we unique in what we do?  What would be lost if we ceased to exist?

Oftentimes the "process" of developing a parish mission statement is longer lasting than the statement itself. For further assistance in developing a mission statement and suggestions on the process, contact the Parish Council Leadership Formation Office, Archdiocese of Milwaukee (414-769-3353).

Analysis Section

ORGANIZATIONAL CHART

ANALYSIS

The reason for including these charts in the parish personnel guidelines is that they give employees a view of how they and their ministry fits into the parish structure. The 48 administration chart indicates their direct relationship to supervisory and peer positions throughout the parish. This should eliminate confusion over who the employee is responsible to for supervision and evaluation purposes.

The governance chart indicates to employees the way their special ministry fits into the overall parish structure. It points out that staff and the Parish Council and its committees both serve the parish and that a coordinated effort by both groups is needed to accomplish the overall mission of the parish.

If a parish wants employees to be more informed in these areas, you may refer to the publications "Parish Committee Ministry" and "Living The Spirit," both published by the Parish Council Leadership Formation Office, Archdiocese of Milwaukee. These books do an excellent job in pointing out the roles of councils and committees and how they interact with staff responsibilities. For a copy of either book, call the above named office at 414-769-3378.

Analysis Section

EQUAL OPPORTUNITY STATEMENT

ANALYSIS

Non-discrimination provisions are required by numerous state and federal regulations and are supported by Church teachings. The employment manual for the Archdiocese of Milwaukee, Central Office Staff, states:

49 "As followers of Christ, we have a moral and social obligation by our example to eliminate unjust discrimination in our offices and in the Archdiocese, for it is necessary that the Church itself be just, and not only an instrument of justice.

We all must be personally committed to this policy if we are to help eradicate unjust discrimination."

RELIGIOUS DISCRIMINATION You may have noticed that religion (or creed) is not listed as a factor of non- discrimination in the equal opportunity statement. This is because religious organizations may practice employment discrimination by favoring members of their faith.

The Supreme Court ruled in 1987 that religious groups could give preferential treatment for members of their own religion. The case involved a non-profit gymnasium operated by the Church of Jesus Christ of Latter Day Saints. The vote by the justices was 9-0.

In labor relations cases within a religious organization, the courts have attempted to balance the rights of employees against the rights of free exercise of religious beliefs. Parish positions involved in "passing on the faith," (i.e. religious education, clergy, teachers, liturgists) weigh more heavily on the side of free exercise of religious beliefs than would a church custodian or housekeeper. Employment decisions based on a religious bias become much less sustainable when applied to non-ministry positions.

Of course, practical reasons must be considered when hiring with a religious bias. For instance, you cut your available labor pool considerably if you decide to hire only Catholic janitors.

AFFIRMATIVE ACTION Parishes wanting to go one step further than just pledging equal opportunity will want to develop an affirmative action plan. This means that the parish will seek to actively recruit people of color, women and those with a physical disability. This can mean taking the simple step, for example, of contacting minority organizations and making them aware of job opportunities.

Analysis Section

POSITION CLASSIFICATIONS

ANALYSIS

There is often a great deal of confusion over whether an employee is "exempt" or "non- exempt," whether they should be salaried or hourly, and whether or not they are eligible for overtime.

50 The law that governs most of these regulations is the Fair Labor Standards Act ("FLSA"), also known as the Wage and Hour Law. Enacted first in 1938, it regulates such items as minimum wages, overtime requirements, and exempt / non-exempt classifications of employees.

There has been some discussion over whether the Archdiocese is required to follow FLSA requirements, particularly as it relates to overtime regulations. After reviewing the FLSA and relevant case law, our attorneys have concluded that in most instances the Archdiocese is required to comply with the overtime requirements (8-08-88).

This has a great deal of significance when deciding whether a position should be paid on a salary or hourly basis. If the position is determined to be exempt, then you must pay on a salaried basis. Non-exempt employees can be paid either a salary or as an hourly worker, but both options must include overtime possibilities.

The most common area of parish avoidance of this requirement is with maintenance staff. It is not uncommon to find a parish hiring a maintenance / custodian employee, paying them a salary, and then telling them to "do what it takes to get the job done." Rarely does this position qualify under the FLSA as an exempt position. Thus, if the employee is putting in more than 40 hours in a work week, they are due payment for overtime or compensatory time off. Simply because you pay employees on a salary basis does not offer you protection from this fiscal requirement.

Analysis Section

USE OF CONTRACTS

ANALYSIS

Questions often arise over the use of contracts for parish and school employees. The Policies and Regulations of the Office for Schools and Child/Youth Ministries state (Policy and Rules #4112.1) that "The parish must enter into formal employment contracts with each of the educational administrators as well as each teacher." "Employment contracts prepared by the Archdiocese of Milwaukee, Parish and School Personnel Office are to be used for School Administrators, Teachers and Religious Education Ministers. Members of religious communities are free to use the

51 Archdiocesan contract form or their community contract." These contracts are available to authorized parish/school personnel online at the Archdiocesan Extranet.

Analysis Section

POSITION DESCRIPTION

ANALYSIS

Accurate position descriptions are critical in large and small parishes. They allow the employer (parish) a chance to determine what specifically it wants accomplished by this position. For the employee, it ends the confusion of not knowing what they were really hired for.

The position description serves many purposes for the parish including:

15 Serves to facilitate the design of the position - defines the responsibilities and activities of the position.

16 Serves to communicate a clear understanding between the employee and the supervisor of the major responsibilities of the position and the skills, knowledge and ability necessary to perform these.

17 Serves as the primary vehicle from which performance criteria are 52 established.

18 Serves as an important tool in the effective recruitment, selection and placement of new employees and the career development of existing employees.

19 Helps to establish appropriate position titles which will best represent the content and responsibility level of positions, considering titles of similar positions inside and outside of the parish.

20 Serves as a guide for the performance review discussion resulting in objective job related performance discussions.

Position descriptions can and do change. They are not written in concrete. If changes are to be accepted and embraced by the one who matters most, the incumbent, proper consultation and consensus building must be established early on. This is especially important when working with contracted employees, where the job description is often a part of the agreement.

Analysis Section

PERSONNEL RECORDS

ANALYSIS

Personnel files are often a mystery for both employer and employee. Employees often think all kinds of personal information is stored away, just waiting to be used for or against them. They are often surprised to find out how little is actually saved.

Employers frequently ask what should be retained and what should be removed. Besides the items mentioned in the model language section, make sure that someone in the parish is retaining wage and hour information for each pay period. These may be required by the state for audits of minimum wage, overtime, and for unemployment and pension purposes.

When an employee demands to see his / her file, it is often a good indication of a deeper conflict of some kind, i.e. a sign of distrust over what someone said or did not say, a question over what was or was not in the file.

53 You will deepen this distrust if you tell the employee that he / she can come back tomorrow to see his / her file. His / her immediate reaction is to assume that you have something to hide and need time to clear out the file. Instead, you can open the file in front of him / her and explain that if the two of you agree that something should not be in there, it can be removed jointly. If there is disagreement over an item in the file, he / she should be told that he / she is free to write a rebuttal which you will attach to that item in the file. Employees have this right under state law. The openness and honesty you display in this manner can often diffuse a volatile situation quickly. Be sure to include all relevant documents when responding to a request, except as noted below.

Wisconsin law allows employees (and former employees) to inspect their personnel records at least twice each year. You may require that the request be in writing and you have seven (7) working days to grant the request. There are several items that state law specifically excludes from mandatory inspection. They include: 21 investigation records of criminal offenses 22 reference letters 23 test documents 24 materials dealing with staff management planning 25 personal information concerning another employee that could, if released, be an invasion of privacy 26 records relating to a pending legal claim that would be discoverable in court

The employee has a right to request copies of any item inspected, for which a reasonable fee can be collected by the employer.

Analysis Section

CRIMINAL RECORD CHECKS

ANALYSIS

Wisconsin is an "open records" state. That means that most records maintained by state and local government are open to the public for inspection. The Crime Information Bureau (CIB) of the Wisconsin Department of Justice maintains a database of adult criminal records. To access this data on the internet, go the http://wi-recordcheck.org/. There is a small fee for non-profits, but you need a CIB account number, which you can arrange by calling CIB at 608-266-5764.

The Wisconsin Supreme Court maintains a statewide court record called the Circuit Court Automation Program (CCAP). This web-site can be used by the public to access court records. No fee or registration is required. The web address is http://ccap.courts.state.wi.us.

When you conduct a criminal record check of your employee/potential employee, your hope is to get an empty record. But, what if you don't?

First, check for accuracy: 54  Is the name the same as that used by your applicant? Is the middle initial the same?  Is the social security number a match?  Does the birth date match?

Occasionally, record results are sent that match with the name, but may not match with other available data. Make sure you have the right match.

If you discover that your candidate or employee has a criminal conviction, consideration must be given to whether it substantially relates to the position held.

Since 1-1-94, the Archbishop has directed that any offer of employment from a Catholic parish or school, in which the employee's regular responsibilities include contact with children, will be contingent upon the results of a criminal records check. This policy was implemented to ensure, as much as reasonably possible, a safe environment for our children involved in school and parish activities. The policy states that convictions or pending charges will be considered in the hiring process only to the extent they substantially relate to the circumstances of employment sought by the applicant. Convictions or pending charges which are discovered by this process that do not substantially relate to the applicant's employment, or past arrests that did not result in a conviction, should not be considered in the hiring process, in accordance with Wisconsin law. Pastors/Parish Directors and Principals are urged to contact the Parish and School Personnel Office if they have any questions concerning what to do with information disclosed by a criminal record check.

Analysis Section

While this policy pertained to employees only, parishes and schools were urged to consider checks on volunteers who were asked to serve in roles involving children or youth. Many parishes and schools have done so for volunteers working on youth retreats, coaching, and other key assignments. We are now asking that other parishes and schools, who have not already done so, begin to conduct criminal checks on these types of volunteer assignments. The Archbishop has approved policy language that states, "Criminal background checks shall be performed on volunteers or contracted services staff that are responsible for the consistent and direct care of children, and who are performing duties normally performed by a paid staff member."

There have been many excellent questions raised about implementation of this policy, and the question and answer format used below is a way to share those questions with you. (Note: where the term "Pastor" is used, this may also apply to Priest Administrators and Parish Directors.)

1. Q: What volunteer positions are subject to criminal background check? A: Common sense and an analysis of the degree of risk inherent in the position must be the guiding factor. We certainly do not advocate that a criminal record check be conducted on every person who volunteers in a parish or school. What we must look closely at are those positions which allow for a close trust-based

55 relationship to develop with children, especially those positions in which the volunteer will be interacting alone with children on a one-to-one basis. Examples of this might be the coach working with students, often after school hours and sometimes alone; the volunteer who supervises overnight retreats; or the Christian Formation instructor, especially those who conduct small group discussions out of their home. We do not want to discourage direct, meaningful contact between adults and children. We only want to ensure that people who have such contact do so for the right reasons.

Some have raised the issue of whether parishes are responsible for conducting criminal checks on priests assigned to a parish or clergy visiting for help-out sacramental ministry? The answer is no. The Archdiocese utilizes nationally accepted processes for ascertaining suitability before the Chancery issues faculties for priests (diocesan or religious) to function here.

2. Q: Does a criminal record of any kind preclude the volunteer from working with children? A: No, as with employees, convictions or pending charges will be considered in the placement process only to the extent they substantially relate to the volunteer assignment. Many people have in one way or another made mistakes in their lives, and they should be allowed to move beyond those mistakes. But clearly, those individuals who have a history of abuse of children, selling drugs to minors or other criminal convictions that may put children at risk, should not be put in assignments where they are responsible for a child's supervision. If a pastor or principal has any questions about the results shown on a criminal record report, they should discuss the results with either the Director or Associate Director of the Archdiocese Parish and School Personnel Office. Results may also be discussed with parish legal counsel if needed.

Analysis Section 3. Q: Who reviews the criminal record results and how confidential are they? A: The pastor, along with the appropriate supervisor (Principal/DRE/Youth Minister) would normally see the results of the check and make the appropriate decisions. In those parishes or schools which employ a Director of Administrative Services, this person might conduct the record check. As stated above, questionable results should be discussed with the Director or Associate Director of the Parish and School Personnel Office, or with legal counsel. These records, which are public records, should nevertheless be treated with a high degree of confidentiality and shared only with those who have a legitimate need to know. Criminal record checks should be treated like other personnel records and be stored in locked cabinets.

4. Q: How do I conduct a criminal records check? A: The Crime Information Bureau (CIB) is the source of criminal information in the state of Wisconsin. Forms for conducting a check are available from the Archdiocesan Parish and School Personnel Office or directly from the CIB, Department of Justice, P.O. Box 2688, Madison, WI 53701-2688. The form is to be mailed to the CIB, along with $2.00 per request (you must include your parish or school tax exempt number to get this nonprofit organization rate). Results of the record check will be mailed back to you and may take four to seven days. You must provide the CIB the person's full name, sex, race and date of birth. Social security 56 number is not required, but does aid in insuring an accurate match. Written authorization from the individual checked is not required to conduct a check through CIB.

If your volunteer has spent considerable time outside of the state of Wisconsin, you should conduct an additional criminal check for information in those states. Various for-profit record check firms are available to conduct criminal checks in other states. Information Resources, Inc. has been utilized by the Archdiocese and has a good record of prompt service at a reasonable price. They will conduct a criminal check of each county (nationwide) that is identified as either a residence or employment location on the volunteer or employment application. The cost of this check by IR, Inc. is $35 per person, regardless of the number of counties surveyed. Billing will be directed to each parish individually. Written authorization from the volunteer to conduct a test from a for-profit firm such as Information Services, Inc. is required.

5. Q: I'm afraid some volunteers may be insulted if I tell them I must conduct a criminal record check. A: How you inform them of this need to conduct the check is critical to their acceptance. Giving out written explanation to volunteers who work with children, about the need for checks, will help them understand they are not personally targeted. History has shown that checking criminal records of employees and volunteers in our Archdiocese has identified potential abusers. It may be hard to ask volunteers for a birthdate to conduct a test, but it would be much more difficult to explain to parents of an abused child why a simple precaution was not carried out.

Analysis Section

6. Q: Applicants for employment provide a resume or application, what information should I be requesting from my volunteers so that I can conduct criminal checks? A: We recommend that a volunteer application form be used in the parish or school. If your parish has a coordinator of volunteers, this person uses the information on the application to match volunteers with desired and appropriate opportunities. The volunteer application would include a section asking about criminal conviction history. A sample volunteer application form is available from the Parish and School Personnel Office.

7. Q: What about young people under the age of 21 who want to volunteer? Should I let them and do I need to conduct a criminal records check on them as well? A: We should be encouraging young people in our parishes to volunteer. However, only young adults age 21 and over should be allowed to function in an independent supervisory capacity with minors in any parish or school program. Young adults between the ages of 18-21 may assist in the supervision of minors when in a joint relationship with an adult supervisor over the age of 21. Minors under the age of 18 may assist with activities involving other minors but should not be expected to have supervisory responsibilities. Criminal record checks should be conducted on all 57 adults (18 and over) who are responsible for the consistent and direct care of children, and who are performing duties normally performed by a paid staff member. Criminal record information of minors is not available through the CIB.

8. Q: What do I do if a volunteer does not have, or does not want to give me a social security number? Can I still conduct a criminal record check? A: Yes, the social security number is optional on the CIB form. You do not need it to conduct the check, but having the social security number helps insure the accurate identification of the person. The birthdate, on the other hand, is required by the CIB.

If you have any additional questions concerning record checks for employees or volunteers, please contact Jane Budney (414-769-3370), email [email protected] in the Parish and School Personnel Office.

Analysis Section

58 STANDARDS OF CONDUCT

ANALYSIS

The listing of standards of conduct could be expanded as needed by the individual parish. The items listed in the model language are rather broad, but a parish could develop a more specific listing if desired. Many times an employer will list examples of conduct which could result in immediate disciplinary action, up to and including discharge.

Analysis Section

59 WORK HOURS

ANALYSIS

The working hours of parish employees are varied both in days worked and hours spent. Evening and weekend hours are standard for many positions within the parish. Because of this, the perception of parishioners and other staff often is that an employee is always working or never around, depending upon when they happened to look for them.

Having employees keep a schedule of general working hours, including a certain number of office hours when people can locate them, is desirable. This can counter the complaint that "I can never find them in. Don't they ever work for their pay?" Certain jobs such as liturgist, musicians, DRE's and Youth Ministers are particularly at risk in this regard if they don't make an effort to inform people of their schedule.

Working at home is discouraged for basically the same reasons. The perception of other staff and non-employees is that the employee is taking advantage of the job's flexibility. Over time, this perception can become a resentment that is unhealthy for a staff that must work together to be effective. If an individual must work at home, ensure that it is for a specific reason (i.e. home computer, temporary disability) and for a limited duration.

Employers are not required by either state or federal law to provide break periods to employees. (Exception - Wisconsin law mandates employees under 18 years of age must receive at least a thirty minute duty free meal period when working a shift greater than six hours in duration.) The law does not require that brief rest periods, or coffee breaks, be provided to employees. Such matters are to be determined between the employer and the employee directly.

Lunch breaks should be discussed with all employees so they know the parish policy. In Wisconsin, any break of less than 30 minutes in duration must be paid. Thus, to offer employees an “unpaid” lunch, they must be given at least 30 minutes, and must be free to leave the premises. An unpaid lunch break in which the employee has a responsibility to answer the phone or greet visitors is not legal.

Analysis Section

60 OVERTIME

ANALYSIS

In accordance with federal laws and Wisconsin State Statutes, parishes are required to pay overtime pay after 40 hours in the work week to non-exempt employees (see position classification analysis, analysis page # A-6). Overtime pay is one and one half times the employee’s normal hourly wage for all hours worked in excess of 40 hours within the work week.

Supervisors should attempt to schedule the workload so that overtime is not necessary. Employees may be compensated for overtime work in the form of compensatory time off. In accordance with legal restrictions. such time off must be scheduled within the same pay period or the employee must be paid for overtime worked.

If compensatory time off is taken within the same work week as the overtime occurs, one hour of compensatory time shall be given for each hour of overtime. If compensatory time is not taken within the same week but within the same pay period as the overtime occurs, compensatory time shall be given at the rate of one and one-half hours for each hour in excess of 40.

If the compensatory time cannot be taken by the end of the pay period in which it was earned, it will be paid as overtime at the rate of one and one-half times the employee’s regular hourly rate for each hour in excess of forty hours.

When non-exempt employees are paid on a salary basis, you will have to convert the salary to an hourly rate in those weeks that overtime occurs. Example: a parish secretary is paid $800 bi-weekly and works a normal 40 hour work week. If the secretary is asked to work four hours overtime one week, you would convert as follows:

$800 divided by 2 = $400 (weekly rate) $400 divided by 40 = $10.00 (hourly rate) $10.00 x 1.5 = $15.00 (overtime rate) $15.00 x 4 hours = $60.00 Total paid to employee for four overtime hours

Analysis Section

COMPENSATORY TIME OFF 61 ANALYSIS

Non-Exempt Employees Federal and state laws are clear and parishes cannot ignore them without substantial risk. A common violation is to allow non-exempt employees to take "comp time" on an hour for hour basis, even weeks or months later. This can be done for exempt employees, where overtime regulations do not apply, but it is not allowed for non- exempt employees. Parishes that allow this should be aware that they run a risk of wage and hour law penalties. Even if the employee agrees to the arrangement at the time, it creates the potential for legal problems in the future.

Exempt Employees Parishes are not obligated by law to provide any compensatory time off for exempt employees. However, most employers provide a way of giving employees compensatory time off for hours worked over what is normally expected.

Parishes must be aware that they cannot deduct wages from exempt employees for working less than 40 hours in a work week. By paying exempt employees on an hour for hour basis, you are voluntarily classifying them as hourly, and thus non-exempt, and are then subject to overtime regulations. Employees not putting in the time needed or expected should be dealt with on a performance basis and warned that continuance of such behavior could result in termination.

Parishes that adopt the recommended comp time policy for exempt employees should decide within how many months the time off will be taken. Current Archdiocese Central Office policy is six months.

Analysis Section

62 WAGE AND SALARY CONSIDERATIONS ANALYSIS

Each parish/school is to have a process in place to analyze, plan and provide for fair and appropriate employee pay and benefits. As Church, there is an obligation to provide employees with a living wage that is based upon the skills, knowledge, qualifications and requirements of the assigned parish or school position. The following outline provides some practical applications that may prove useful in compensation analysis and planning.

1. Each parish/school shall have a process in place where, at least annually, local pay practices are reviewed and comparisons internally and externally are made. The local parish Personnel Committee, with input from finance and where appropriate, school committees, have the responsibility to analyze local pay and benefit practices. Final compensation recommendations are presented to Council for approvals and implementation. The analysis cannot be limited to the question of affordability. A narrow review will be a barrier to recruiting and retaining qualified staff. A proper analysis will include a strategic review of pay and benefit comparisons, assessment of variances, financial impact and goal setting.

2. The Archdiocesan Education Policy 4141, which establishes the compensation goal of 80-90% of parity with public sector pay practices, pertains to school and religious education personnel. This policy has helped some parishes become more competitive in the job market. Other positions within the parish that are not affected by this policy could be looked at in the same light. Consistency in pay practices directly impacts employee morale and retention. Public sector comparisons are more readilyavailable for education positions. However, through research it is possible to make public sector comparisons for most positions within the parish and the school. The Archdiocesan Personnel Survey Report is the first tool to use when making comparisons. Considering that a number of new hires come from other parishes, it is most practical to make comparisons within a district or geographical region.

3. A demonstrated commitment to fair compensation practices is the responsibility of each parish. Parish leadership should be talking about their pay and benefit practices in a proactive and analytical fashion. The remuneration of employees is not purely a budgetary process. Rather, an evaluative approach to valuing employees with quantifiable measures should be made. A systematic wage and salary plan should exist for each position with a wage scale that is directly related to a position's job description. The Personnel Committee should use this survey data along with public sector data to outline and present comparisons. Parish leadership should have knowledge of local and public pay practices when they are making decisions that affect the future employment situation.

4. The wage and salary comparisons parishes make will include comparisons from the Parish Personnel Survey Report and other appropriate compensation surveys available. Evaluating staff wages in comparison to district and Archdiocesan averages can prove helpful in establishing goals and benchmarks. Analysis Section PAY DAY 63 ANALYSIS

The question of how long of a payroll period to have at the parish is often asked. There is no recommended length of time and no clear-cut consensus in one direction or another. The majority of parishes are on a semi-monthly basis. This means that paychecks are generally given out on the 15th and on the last day of the month.

Monthly payroll periods are also used in some parishes. This can be beneficial in terms of time spent processing payroll and expense of checks, but it is not well accepted by most employees. The one month time frame can be difficult if emergency situations develop in which an employee needs access to cash.

Any changes in payroll periods should be carefully communicated to employees and the motivation for such changes clearly addressed.

(School-Year Employees) Teachers and others who work only during the ten month school calendar, generally are paid on either a ten month or twelve month basis. The parish has the option of paying everyone over ten months, or allowing employees to choose individually if they wish to spread their wages over twelve months. The parish cannot force an employee to be paid over twelve months for ten months of contracted employment.

Analysis Section

GROUP BENEFIT PLANS

64 ANALYSIS

Health Insurance Health insurance can be offered to employees from an Archdiocesan group plan or a private contract with the parish. You cannot do both. A resolution on mandated health insurance was passed by the Archdiocesan Council of Priests and the Archdiocesan Pastoral Council and signed by Archbishop Weakland on September 27, 1990. The resolution stipulates that all parishes shall offer health insurance to full time employees (30 hours or more per week and for eight consecutive months per year), and to ongoing part-time employees working at least 20 hours per week.

In 2001, the Archdiocesan Council of Priests and the Archdiocesan Pastoral Council approved adoption of mandatory minimum employer premium contribution levels for full- time employees in their group health plans. These levels were set at a minimum of 85% for single coverage and 70% for family coverage. Parishes/schools that could not provide these levels of coverage would be allowed a four year phase-in process, (beginning 7-01-02), providing at least 50% single and family premium coverage the first year, and 85% single and 70% family premium coverage by the fourth year.

Furthermore, all parishes/schools will make entry into the health plan available to employees working at least 20 hours per week. Employer contributions are optional for part-time staff. If an employee works for several Archdiocesan parishes/schools, the total cumulative hours worked should be recognized when determining full-time status.

Each August, the Department for Archdiocesan Finance/Administrative Services sends to the pastors/parish directors, information on rates and carriers offered under the Diocesan Group Insurance Plan. This begins the open enrollment period in which employees are allowed to choose among all (or a limited number of the options, as determined by the parish) the insurance coverages offered under the group plan. Generally, the open enrollment period ends on September 15th as the new coverage year begins on October 1st. Information and current costs of the group plans can be discussed with the Director, Department for Archdiocesan Finance / Administrative Services. 414-769-3334

Dental Insurance The Archdiocesan group health insurers also make available various dental options. The carriers all have different enrollment and eligibility procedures and the parish should check with them for current requirements. Parishes can also offer employees a private dental arrangement, but not if they offer group options as well. Contact the Department for Archdiocesan Finance / Administrative Services for costs and information.

Analysis Section

GROUP BENEFIT PLANS ANALYSIS (CONTINUED)

Life Insurance 65 A group term life insurance plan for full-time parish employees (30 hours or more per week) is available through Prudential Insurance. The plan covers employees after one year of service and provides death benefits equal to the employee’s annual earnings, rounded up to the next higher multiple of $500.00

The approximate annual cost for coverage per employee is calculated by multiplying the employee’s annual earnings by .0029. (Example: Tom makes $32,000 annually. The annual life insurance premium would cost approximately $92.80.) More information concerning the plan and signup materials are available from the Lay Pension and Life Insurance Coordinator, Archdiocese of Milwaukee, 414-769-3317.

Disability Insurance Disability insurance provides employees with financial security in the event they are totally disabled. To qualify, the employee must be under the care of a licensed physician and be completely unable to work at his or her regular job. Most plans have a qualifying or waiting period of 30 to 90 days before benefits begin, usually equal to 60% - 70% of the employees earnings. Short term disability plan coverages can also be offered to cover employees during the first few months of a disability.

The majority of employers provide employees with long-term disability plan coverage at no expense to the employee (78%, 1999 Dietrich Associates, Inc.). The 2001-2002 Archdiocesan Personnel Survey Report indicates that only 37% of the parishes in southeastern Wisconsin offer such a plan.

Group coverage is currently available for parishes in the Milwaukee Archdiocese through CNA. For more information, contact Greg Chrisafis at Benefit Resources, Inc., 414-276-4130.

GRIEVANCE PROCEDURES

The parish/school is committed to fostering a process to solve problems or resolve disputes that is simple, accessible, timely, and conducted openly and honestly at all steps. The parish/school is also committed to a process in which there is no reprisal against anyone who brings forward a complaint, grievance or problem. These steps are designed to ensure that decisions are being made on an informed and consistent basis. A fair and just process upholds the dignity of all individuals involved and has the greatest potential to resolve differences.

Parish/School personnel policies are intended to promote equitable treatment of all employees. On occasion, however, claims that an employment condition is unjust or inequitable, or that a provision of the personnel policies has been improperly, unjustly or inequitably applied may arise. In the event that these situations cannot be resolved to the mutual satisfaction of employee and employer, a procedure for resolution of the situation may be initiated as follows:

5 Discuss the grievance with your supervisor, pointing out your concerns clearly, and attempt to

66 resolve the issue without further assistance. It is helpful if your concerns are put in writing, and include the nature of the grievance and recommendations for resolution of the grievance.

6 If the grievance has not been resolved to the satisfaction of both parties, the pastor/parish director/school president should be approached to resolve the dispute informally. At the discretion of the pastor/parish director/school president, he/she may attempt to resolve the grievance in one of the following manners:

 The pastor/parish director/school president will convene the parties and attempt to resolve the grievance. (Disputes in which the pastor/parish director/school president is the immediate supervisor begin here.)  The pastor/parish director/ school president may direct the Parish/School Grievance Committee (see step #3) to proceed with their full review of the grievance and submit their recommendation of resolution to him/her.  The pastor/parish director/school president may contact the Archdiocesan Parish and School Personnel Office for assistance in resolving the grievance.

If one or several of the above procedures has not resulted in a resolution of the grievance, the employee may continue the process to level three.

7 Grievances may be heard by the Parish/School Grievance Committee when steps #1 and #2 have been unsuccessful in resolving the dispute. The committee will meet promptly with all parties to the dispute and issue recommendations for resolution to the pastor. The pastor will issue a decision to both parties.

8 Assistance during the parish proceedings and possible appeal procedures through the Archdiocese are available to either parish or employee. Contact the Parish and School Personnel Office for further information. Documents of the grievance along with a letter explaining why an appeal is requested, should be submitted to the Office of Parish and School Personnel within ten days of the pastor/parish director/school president’s decision.

Following the examination of the documents on the Archdiocesan level, the grievance will either be accepted for further appeal, or it will be remanded back to the pastor/parish director/school president. If so warranted, further mediation, grievance panel review, or binding arbitration, subject to review by the Archbishop to assure it does not violate civil or canon law, Church teaching, or parish/school policy, will be considered for resolution of the grievance.

67 Analysis Section

68 GROUP BENEFIT PLANS

ANALYSIS (CONTINUED)

Parish Benefit Plans and Men and Women Religious Effective July 1, 1987, Archbishop Weakland implemented a policy relating to "Lay Equivalency" in salary and benefits for men and women religious working throughout the Milwaukee Archdiocese. The following policy was developed and approved by Archbishop Weakland:

"All Catholic parishes, offices, agencies and institutions who employ members of religious communities shall offer these members the same salary schedule and accompanying benefits (or cash value) given to lay employees with similar responsibilities, educational background and experience.

When determining this amount, the employer should assign and include the cash value of the non-cash benefits received by the religious, such as housing and transportation. The employer should develop this arrangement in dialogue with the individual religious and his / her community.

If assistance is needed to develop and / or implement this policy on the local level, either party may contact the Director of the Parish and School Personnel Office.

Any employer who is unable to follow this policy shall send a report to the Director of the Parish and School Personnel Office regarding the salary and benefits plan which is offered to the member(s) of the religious community in its employment. These reports will be reviewed with the Archbishop."

The implementation of this policy will ensure that there is equity regarding salaries and benefits in our Church personnel system. The following highlight the inclusive aspects of this policy:  It will include all religious men and women, not just women.  It will include all job classifications - professional and support staff (not just professional)  It will include all Church ministries, not just the Catholic schools.

Tax Sheltered Savings Plans (403-b) A tax sheltered annuity, or TSA, is a long term retirement plan that provides a systematic, tax sheltered way to accumulate funds for retirement. Participation in such a plan is voluntary on the part of the employee and does not affect benefits from either the Archdiocesan Lay Pension Plan or Social Security.

Analysis Section VACATION BENEFITS

69 ANALYSIS

Vacation policies vary greatly, both in our Archdiocese and within other organizations, for-profit and non-profit alike. There is no federal or state regulation mandating vacation benefits, although a majority of employers provide them. Following are some variations for you to consider in developing your own policies.

Accrual Formulas Anniversary Year - The usual approach is to accrue vacation on an anniversary year basis. For instance, the DRE was hired on August 15 and would be able to use his / her first vacation days on August 15 of the following year.

Calendar / Fiscal Year (Monthly) - Starting with or converting an anniversary year to a calendar or fiscal year system can make record keeping easier, but it is often initially confusing. You must have an accrual schedule which employees fit into depending upon their hire and / or termination dates. Accrual is usually on a monthly rather than yearly basis.

 NOTE: Wisconsin law specifically includes remuneration for vacation pay as wages, and earned wages are due upon termination. Employees must therefore be paid for such "earned" vacation, if not used, at the time of termination. If your accrual is on a monthly basis, rather than yearly, you must be prepared to pay out those accrued benefits at termination. (WI Stat.Ann.Sec.109.03)

How Many Weeks? As qualified candidates for employment have become scarce, employers are offering vacation benefits as a recruitment tool. Where a decade ago, few employers offered vacation before one year of service, many now do. A recent survey shows 49% of employers requiring six months or less of service as a requirement for earning one week of vacation. Two weeks of vacation are earned by 63% of employees at their one year anniversary or sooner. A third week of vacation normally kicks in at five to six years of service, four weeks at ten to fifteen years, and a fifth week between 20 and 25 years of service. Nearly 80% of employers do not offer more than five weeks of vacation and only about 50% offer five weeks.

It is interesting to note that, while most employers have formal schedules for vacation accrual, 77% of respondents to a 2000-2001 MRA survey reported making exceptions to the policy when hiring more "senior" level employees.

Analysis Section

VACATION BENEFITS

70 Vacation Increment Decisions How flexible should you be in vacation offerings? Should you allow employees to use their vacations by the hour, the half day, day, or only a week at a time? Employees prefer the most flexibility of course, and by using small increments, temporary fill-ins are often not needed. Having someone gone for a week might require hiring a temporary worker. On the other hand, it might be good for both the parish and the individual to be separated from the other for seven consecutive days. A compromise would be to allow one week to be used in hour increments, but other weeks to be used in weekly time periods only.

Analysis Section

HOLIDAYS

ANALYSIS

Holiday scheduling in parishes is often difficult because of the varying work schedules. 71 Christmas, Thanksgiving and New Year's Day will require adjustments for some staff, although three "summer time" holidays, Memorial Day, Fourth of July and Labor Day should be easier to accommodate for all.

It is most common in any discussion of holidays to start with the "standard six." This term is used to identify New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. This package of six holidays is observed by roughly 96% of all employers. Even retail firms observe these, usually using part-time labor or paying extra wages if they remain open.

The holiday that is growing the most in observance is the Friday following Thanksgiving. Sixty-five percent of both profit and non-profit organizations are now using this day in their holiday offerings. Good Friday and Washington's birthday are the next most utilized holidays.

As Christians, the dilemma of what to do about Good Friday and Christmas Eve often are discussed. Giving employees the time off to celebrate these important holidays is desirable, but it is also a busy time in the parish in which the staff are often in peak demand. One approach would be to give employees off on Easter Monday and the day after Christmas.

There is a slight disparity between what parishes provide in holiday offerings compared with other employers. The 2001-2002 Parish Personnel Survey Report indicates that the majority of parishes provide seven, eight or nine days off annually. This compares with Milwaukee area employers majority average of eight, nine or ten days off.

Analysis Section

BEREAVEMENT LEAVE

ANALYSIS

The model language (page 35) for parish funeral leave is the traditional approach used by most employers. There may be different levels of time off offered and different definitions of "immediate family," but the general format is standard.

72 A couple of new developments in funeral leave bear mentioning. One is simply doing away with traditional funeral leave charts and lumping the benefit under "personal days." Under this plan, employees have a set number of days (usually two to five) which they control totally. If they want to use them for a day at the zoo or the funeral of a grandmother, it is their choice. The days are usually not carried over and are lost if not used. The major problems with this approach is if the employee has a bad year with several family deaths, the employee must use vacation or leave without pay. The other concern is that employees view this as just another five days of vacation.

The argument goes that as the "traditional" family with a base of relatives living in the same area becomes less universal, perhaps the employee should decide who best to grieve for. An example would be an employee who is not close to a family member but may be devastated by the loss of a roommate (perhaps a member of a religious community) of thirty years.

Another optional plan is simply to let the supervisor work out with the employee the appropriate time off. Such a plan could read as follows:

In the event of a death in your immediate family, full and part-time employees may be granted one to five days leave without loss of pay, during your standard work schedule, at the discretion of your supervisor. An employee's immediate family shall constitute the following: parent, legal guardian, brother, sister, spouse, child, grandparent, grandchild, parent-in-law, brother/sister-in-law, grandparent-in-law, son/daughter-in-law, or other person residing with the employee.

You see that the above uses the phrase "other person residing with the employee."

Analysis Section

SICK LEAVE

ANALYSIS

Paid sick leave can be a critical benefit to employees in time of illness. Many people working in the parish do not have sizeable savings to pull them through a month or two without income. A paid sick leave plan is designed to assist employees during these times of crisis. Most often they are utilized on a day-by-day basis, but allowing accumulation of days offers protection against the more serious illness or injury. 73 The first decision in looking at paid sick leave benefits is how many days to provide employees. The majority of Catholic Church employers offer between ten and twelve days per month (NACPA Benefit Survey, 1997). The 2001-2002 Milwaukee Archdiocesan Personnel Survey Report showed parishes averaging 7.7 days of paid sick leave offered per year.

Whether to offer an accrual on a monthly, anniversary year or calendar year basis is also a decision that needs to be made. Some parishes require that an employee work for a period of time before sick leave benefits begin. Accrual on a monthly basis takes care of that automatically as the employee has to "earn" the benefit by continued work.

Accumulation of sick leave is permitted by most organizations. Thirty to sixty days accumulations are common. Allowing accumulation of sick leave is a motivation for the employee to conserve the leave as a cushion against serious illness or injury. When there is no accumulation permitted, some employees will use up their allotted days, even if not ill, rather than lose them.

Most organizations do not permit redemption of unused paid sick days into cash, either on a yearly basis, or at termination. Such a practice can be very costly for an organization, particularly if a reduction in force requires cutting several positions at once.

Family and Medical Leave (FMLA) This law applies to all employers of 50 or more employees (both full and part-time staff are counted). If in doubt as to whether your parish is subject to the specifics of the law, please contact the Parish and School Personnel Office. If you do have that many employees, you must include notice of employees' FMLA rights in your handbook, and post notice of FMLA rights in your workplace.

Family and Medical Leave FMLA The parish will grant family and medical leaves of absence in accordance with both Wisconsin and federal law. Eligible employees may take up to 12 weeks of job- protected, unpaid leave per calendar year to attend to the employee's serious health condition or a serious health condition affecting the employee's spouse, child or parent, or for the birth, adoption or foster care of a son or daughter. A serious health condition, as defined in state and federal law, generally means a disabling physical or mental condition that involves:

Analysis Section

SICK LEAVE ANALYSIS (CONTINUED)

(a) inpatient care in a hospital, hospice or residential medical care facility, or (b) outpatient care requiring continuing treatment or supervision by a health care provider. If leave qualifies for both Wisconsin and federal FMLA leave, the leave used counts against the employee's entitlement under both laws.

74 To be eligible for Wisconsin FMLA leave, employees must have been employed for at least 52 consecutive weeks and must have worked for at least 1,000 hours during the preceding 52-week period. To be eligible for federal FMLA leave, employees must have been employed for at least 12 months (not necessarily consecutive) and have worked at least 1,250 hours during the 12-month period preceding the commencement of leave.

Under the Wisconsin FMLA, leave may be taken in non-continuous increments for the birth or placement of a child for adoption, provided that the last increment of leave begins within 16 weeks of the birth or placement. Federal FMLA leave for the birth or placement of a child for adoption or foster care may not be taken in non-continuous increments.

Both Wisconsin and federal FMLA leave are unpaid. However, employees will be paid their available sick leave for their own medical leave. Employees may choose to substitute any other paid or unpaid leave which has accrued to them for all or a portion of leave available under the Wisconsin FMLA. Employees may choose, or the parish will require employees, to substitute paid leave for which they are eligible (such as vacation day, personal or sick leave) for unpaid leave available under the federal FMLA.

The parish will maintain group health insurance coverage for employees on FMLA leave on the same terms as if the employees had continued to work. Employees will be required to pay their portion of insurance premiums on a schedule established by the parish. Failure to remit the required premium contribution within 30 days of the due date of the premium may result in notification that the parish is canceling the employee's health insurance coverage. Benefits (such as vacation or sick days) that accrue based upon hours worked shall not accrue during the period of FMLA leave.

Employees are required to request FMLA leave at least 30 days, or as soon as practicable, in advance of taking leave. In an emergency, employees must give notice as soon as possible, but no later than two business days after returning to work that the leave was for FMLA purposes. Failure to give appropriate notice may result in the delay of leave or denial of designation as FMLA leave. In all cases of medical leave, employees must provide medical certification from a health care provider. Second and third certifications and re-certification may be required under certain circumstances. Employees may contact their supervisors and Human Resources for assistance with leave information.

Analysis Section

SICK LEAVE

Upon return from FMLA leave, employees will be restored to the position they held before taking leave, or if the position is not vacant, to an equivalent position with equivalent pay, benefits and other terms and conditions of employment. Employees who

75 wish to return to work before the scheduled expiration of an FMLA leave must notify the Human Resources department as soon as possible.

Employees who fail to return to work after the expiration of their FMLA leave will be considered to have voluntarily terminated their employment, unless prior arrangements to extend the leave have been made and approved in writing.

Posters defining federal and state FMLA laws are posted at employee bulletin boards throughout our locations. For more information, contact the Human Resources Department.

Analysis Section

PERSONAL LEAVE (PAID and UNPAID)

ANALYSIS

PERSONAL LEAVE (PAID) Many organizations are discovering that offering personal paid leave is a good way to make employees accountable for absences from work. About half of all employers offer 76 some type of personal leave program. (57% of parishes offer such a plan. 2001-2002 Survey)

If parishes are offering personal paid leave, they should make it clear what their expectations are for use of the leave time. Examples in which the parish could expect employees to use the paid leave time might include: staying home because of a school snow day; dentist appointment; legal appointments; picking someone up from the airport; appearing as a witness in court; or, appointments for auto repair. If the parish is consistent in making employees claim these items as paid personal leave, there should be fewer “I have to leave early tonight” or “I’ll be in late tomorrow” statements.

Number of Days The number usually varies between one and five for a calendar year, with 2.6 being the parish average in 2001-2002. (Note: Many that give five days do not allow sick leave days to be used for illnesses of family members. Instead, employees must use personal days for that.)

There is some debate on whether paid personal days should be allowed to be used in hourly increments, rather than half day units. Proponents argue that if someone has to leave an hour early for a dental appointment, they still will not use a half day personal day for it. They argue that the larger the increment, the more employees will treat it like another vacation day. Opponents would argue, however, that hourly increments allow employees to take off whenever they please, and makes scheduling impossible.

PERSONAL LEAVE (UNPAID) There are any number of reasons why employees may want to take extended time off from their jobs. Travel opportunities with a spouse; study options; conducting a political campaign; taking care of a sick relative; treatment for drug / alcohol abuse; parental leave, and / or medical concerns are all reasons that have some merit. The decision needs to be weighed carefully and both parties must be clear on the ramifications of such a leave. Putting the issues in writing helps to avoid misunderstanding later.

In assessing whether to grant unpaid personal leave, you can assess such factors as: the employee’s length of service; the ease in finding a temporary replacement; the impact on other staff; overall impact to the parish; desire to retain the employee; potential for growth and renewal of the employee; obligation under FMLA laws.

Analysis Section

PERSONAL LEAVE (PAID and UNPAID)

ANALYSIS (Continued)

PERSONAL LEAVE (UNPAID) (Continued)

One thought about consistency. Be careful that your approval or disapproval of employee requests for leaves does not create a pattern that could be construed as discriminatory. It is best to create a separate file for unpaid sick leaves in which you 77 can review past decisions prior to making new ones.

Analysis Section

JURY DUTY

ANALYSIS

The parish obligation in jury duty situations is to allow the employee to attend without loss of job or seniority. No discharge or discipline may occur because of jury duty absences. There is no requirement that pay be provided to employees, but this is almost universally provided by employers. A sampling of local and national benefit surveys indicates over 90% of employers offering pay for employees on jury duty. The majority pay the difference between regular wages and court payments. A smaller

78 number, generally less than one third of employers, pay full wages and allow the employee to keep the court payment.

In some cases, an employee's absence for jury duty could seriously interrupt parish functions. You may request from the court a postponement of jury duty in these cases, but the decision to grant it is up to the individual judge. The procedure in this instance would be to submit your request for postponement to the Clerk of Courts as indicated on the jury summons notice.

Analysis Section

CONTINUING EDUCATION

ANALYSIS

The recommended language for this section is pretty generic, recognizing that not all parishes are in a financial position to reimburse employees for educational expenses. Those that can are encouraged to set more specific guidelines. The following points should be addressed:

 Who is eligible for benefits?  What is the maximum amount per person? 79  How is approval of courses determined?  Can continuing education money be used for retreats, seminars?  Is reimbursement dependent upon achieving a certain grade or completion of course?  Does the employee put forth any money for initial enrollment? (Typically 50%, with the parish paying 50% initially also and final reimbursement at conclusion of course.)  Clear guidelines indicating who pays for coursework in the event of resignation, non-renewal and termination.

The Parish Personnel Survey Report (2001-2002) shows 67% of parishes offering continuing education assistance. The average amount of assistance offered to employees was $377.00.

Analysis Section

TRAVEL EXPENSES

ANALYSIS

How much to reimburse employees for legitimate travel mileage is probably the central question here. The federal government sets a maximum allowance per mile for deductions as a business expense. Many employers use this rate to reimburse employees. That rate is currently (2002) at 36.5 cents per mile. The majority of employers (63% nationwide, BLR-92), however, offer something less than that. Currently the Archdiocesan Central Offices pays 32.5 cents per mile.

If you do reimburse employees for meals and parking, make it clear before they leave whether you require receipts. Another way to handle meals is to pay a supplement, 80 recognizing that employees would eat anyway, but probably not at the higher prices often associated with meetings and conferences.

Analysis Section

PERFORMANCE PLANNING AND APPRAISAL

ANALYSIS

For many employees and supervisors alike, the annual appraisal is about as popular as a trip to the dentist. It does not have to be that way. Just as the dentist cannot do much for your teeth if you don't brush and floss regularly, an annual appraisal without regular ongoing communication is not going to improve or inspire better performance.

A supervisor must meet regularly to observe, listen and offer encouragement and suggestions. Doing so will give employees a clear understanding of where they have succeeded and where improvement is needed. The annual appraisal will not be a shock and will not serve to further strain relations.

Scheduling time with each employee is an essential function of supervision. Depending upon the employee's position, you may want to meet quarterly, monthly, or even weekly. A half hour with each employee regularly will give you information about what they are 81 doing, give you insight on new ideas, and allow you to pass on observations by yourself and others. If you don't think you have enough time for this task, think how much time you spent dealing with the last employee "crisis."

Following are some other suggestions to consider in conducting performance planning and appraisal:

 Set dates for the formal written evaluation well in advance. Do not let the employee feel it just came up because of a recent complaint or criticism.

 Employees should see the evaluation tool before actual use. Allow them to comment on how appropriate it is for their position.

 Keep "incident notes" throughout the year. These notes are placed in the file after you compliment staff on work well done, or discuss a problem. (Remember that these are "personnel records" - See Analysis Page # A-8.)

 An evaluation should produce no surprises. Prep the employee on what to expect during this already stressful time.

 Set aside enough time for the evaluation without interruption. Hold it in a neutral setting if possible.

 Address the past and concentrate on "what now."

 Employee and supervisor must sign and comment (if any) on the evaluation form itself. Analysis Section

PERFORMANCE PLANNING AND APPRAISAL

ANALYSIS (Continued)

 End the evaluation by setting the next date. Plan to meet again within the next several weeks to plan goals and objectives for the new evaluation year. This planning phase is critical to insure that employees and supervisors know what is expected of them.

 Let them know: Who is going to evaluate? How is it going to be done? When will it take place? What will be evaluated? Why this emphasis on evaluation?

 Be critical of the employee's performance if necessary, but do not make it a personal attack.

82  Allow employees to comment in writing on any areas where they take exception and include that with the formal evaluation.

 When an employee is not meeting expectations, a specific improvement plan should be jointly developed.

 Above all - be HONEST! An unduly favorable evaluation disserves the employee and the parish, and can lead to horrendous problems if termination and litigation occur later.

Analysis Section

HARASSMENT

ANALYSIS

One of the fastest growing areas of employee charges filed with the Equal Employment Opportunity Commission (EEOC) is that of harassment. Harassment of any kind in an employment relationship cannot be tolerated by any employer, let alone a Church that stands on Christ's teaching of compassion and respect for others.

EEOC guidelines have become more clear in recent years on how an employer can develop safeguards against harassing behavior. Any harassment prevention policy should contain the following elements: 1. The policy must be in writing and must be given to employee, either at training meetings or in the employee handbook. 2. The policy must define what is harassment and what will not be tolerated. 3. A complaint procedure must be established and employees need to know who to talk with if they have a harassment concern. 4. Supervisors should be trained in handling harassment complaints and know where to turn for assistance.

83 5. There must be a prompt and thorough investigation of each complaint. Any delay in investigating gives a message that you do not take the concern seriously. The investigation should be conducted as confidentially as possible, only involving those who can contribute to the resolution of the complaint. However, both the victim and the alleged harasser should be informed that while the investigation will be conducted in a confidential manner, it cannot be kept secret since the obligation to investigation may require that other employees be questioned about the allegations. 6. Take appropriate disciplinary action if unlawful harassment has happened. Communication of the outcome of the investigation to both the victim and the alleged harasser is critical. Emphasize that no retaliation for bringing the complaint forward will be tolerated.

For more information, see the appendix section and the article "Questions and Answers for Small Employers on Employer Liability for Harassment by Supervisors."

Analysis Section

TERMINATION

ANALYSIS

The following guidelines will serve as a resource when considering the termination or non-renewal of a staff member's contract. They are listed to ensure that staff are treated with a process that is just (in following Catholic social teachings) and legally prudent. None of the guidelines or recommendations which follow are meant to imply or create any contractual guarantee to the employee. Final implementation of any of these guidelines are vested solely with the parish administration.

It should be clear, however, that it is our actions, and not just our guidelines which will determine whether the Church is a fair and just employer. By insuring that terminations and non-renewals are based on valid and just reasons, we can protect ourselves in the legal forum and from charges of hypocrisy. 84 Employees who are under an employment contract for a definite term ordinarily may not be terminated without good cause. Employees who are not under an employment contract or whose contract is up for renewal, although legally "at will" employees subject to termination for any reason, should be given the same consideration with respect to termination of employment; that is, the cessation of the employment relationship should only occur with good cause.

What constitutes "cause" for termination will vary with the circumstances of each case. In some situations, there may be an unwillingness or an inability on the part of the employee to perform the requirements of the position. In other cases, there may be violations of standards of behavior or other policies of the employer which necessitate severance. In still other cases, specific economic conditions may require reduction in force. Whatever the circumstances, the parish or institution should strive to ensure that every termination or non-renewal is based upon valid and just reasons.

Much time and many resources are devoted to recruiting, hiring and training employees. For this reason, in those circumstances in which it is appropriate, the employer should make every effort to apprise the employee of shortcomings in performance, violations of appropriate standards of behavior, or other deficiencies and provide an opportunity to rectify the problem prior to termination. Advance notice in the form of progressive discipline or evaluations may not be possible nor even appropriate in every case. However, advance notice ordinarily should be utilized as a basic element of fairness, remediation, and in recognition of the employee's past service to the parish or institution.

Specific Action When considering termination or non-renewal of a staff member, you as employer should consider the following questions:

Analysis Section

TERMINATION ANALYSIS (Continued)

1 Have I clearly identified the problem?  lack of training?  lack of ability?  behavioral problems?  no understanding of expectations?  relational stress?  external factors? Also, how long has it been occurring and just how serious is it? Whatever the problem - DOCUMENT IT!

2 Does the employee clearly understand the problem?  Let the staff member know you are dissatisfied with his / her job performance. Show him / her the documentation you put together in #1 and sit down and 85 discuss it with him / her. Ask yourself:  Did the employee know what was expected?  Did you make it clear what your expectations were?  Were your expectations reasonable and consistently applied?  Did you make it clear what the consequences were if your expectations were not met?

3 Was a joint resolution of the problem reached?  Did you both agree on it in writing (signed)?  Was a timeline established?  Were follow-up dates set?

4 Did the employee correct the problem?  Was the employee given a reasonable amount of time?  Was there progress, slow progress, or no progress?  Have you discussed and documented this follow-up?

5 Have I fully weighed all factors in reaching a decision?  Assess the risks a What if you continue to employ? b What if you terminate / non-renew?  Consider a self audit or independent review of the actions taken as a final safeguard.

Health Insurance Following Termination It is required under state law that you inform employees of their right to continue or convert group health insurance. Each employee covered by a group plan should be given written notice prior to termination (see appendix for sample form).

Analysis Section

THE TERMINATION MEETING ANALYSIS

Making the decision to terminate an employee, especially a long-term employee, is one of the most difficult decisions a manager can make. What managers dread most is giving the bad news to the employee face to face. However, if you want to act pastoral, as well as managerial, there really is no other way. To help make the meeting between the supervisor and the employee more productive, listed below are some suggestions to prepare you for the exchange.

Considerations before the termination meeting: 1. Plan to have one other person with you when you meet with the employee. It provides a witness to what is said, gives support to you personally, and enhances safety if anger/violence is anticipated. 2. Make sure you have answers to any financial questions. The employee may have anticipated this meeting, and the main concern now may be getting what is due them and getting out. Be prepared to let them know about any unused vacation pay, 86 severance pay, unemployment considerations, and when the final paycheck is available. 3. If you plan to provide outplacement counseling to the employee, have the name of the person who will assist them ready to give to the employee. 4. If you conduct exit interviews, arrange a date with the interviewer for when this will take place and where. 5. Determine where this meeting will take place, the time of day, and the day of the week. Be respectful of how the employee will feel afterward and minimize awkward situations for them. 6. If the termination is effective that day, make sure you obtain such items as keys, phone cards, computer access codes, equipment used by the employee but owned by the church. Arrange for a time (after hours, or on weekend) when the employee can clean out their office and take home personal effects.

Considerations during the meeting: 1. Make it clear that you are terminating their employment and when it will be effective. Do not make them guess what it is you are trying to say. 2. Briefly, give the employee the reasons for this decision. Remember that it should not come as a surprise. 3. Avoid the three "A's": Do not give Advice; Do not Argue; Do not Apologize. 4. Acknowledge the feeling that the employee is showing, but remain firm in your decision. If you are wavering now, you did not take enough time in making this decision in the first place. 5. Keep the meeting brief; now is not the time for a long discussion on the merits of your decision. 6. Script out your reactions to their possible reactions (e.g. anger, denial, "one more chance", threats). 7. Keep the person's dignity in mind, and wish them success in the future.

Analysis Section

87 INDEX

4 documents...... 54 dress code...... 20 403(b)...... 31, 32, 67 drugs...... 21, 56

A E absent...... 45 Education Policy 4141...... 63 absenteeism...... 19, 36 educational opportunities...... 19, 39 abuse of children...... 56 electronic communications...... 23 abusers...... 57 electronic mail...... 22 administration chart...... 49 e-mail...... 23, 24 affirmative action...... 50 emergency situations...... 27 agreement...... 9 equal employment opportunity...... 13, 82 annual appraisal...... 80 equal opportunity statement...... 50 annual salary...... 30 evaluation...... 80 at will...... 85 exempt...... 51 exempt employees...... 26, 28, 29, 62 exempt position...... 14 B exit interviews...... 87 benefit information...... 32 benefits...... 63, 65 F bereavement leave...... 35, 71 fair compensation practices...... 63 Fair Labor Standards Act...... 51 C Family and Medical Leave Act...... 36,72 Canon Law...... 20 Federal FMLA...... 73 care of children...... 58 Federal Withholding...... 31 career development...... 53 FICA (Social Security)...... 31 Catholic social teaching...... 84,85 fiscal requirement...... 51 Church Unemployment Pay Program...... 32 full-time...... 14 Civil Rights Act...... 41 funeral leave...... 35, 71 Code of Ethical Standards...... 21 commitment...... 18, 19 communications...... 24 G compensatory time...... 27, 28, 29, 51, 61,62 complaint...... 83 good cause...... 85 computer...... 23 governance chart...... 49 computer files/data...... 22 grievance...... 43 confidential information...... 21 Grievance Committee...... 43, 83 confidentiality...... 24 grievance procedure...... 83 conflicts...... 24 group coverage extension...... 45 continuing education...... 39, 78 contract...... 9, 52 copyright law...... 24, 25 H counseling...... 87 harassment...... 22, 23, 41, 42 credit union...... 31 Health and Wellness...... 19 Crime Information Bureau...... 55, 57 Health continuation...... 45 criminal conviction...... 55, 56 Health insurance...... 32, 65 criminal offenses...... 54 Health Insurance Following Termination...... 86 criminal record check...... 17, 55, 56 history...... 10, 47 holidays...... 34, 70 D hourly wage rate...... 30 data files...... 23 defamatory comments...... 23 I dental insurance...... 32, 65 illegal drugs...... 21 direct deposit...... 31 improvement plan...... 81 Disability Insurance...... 32, 66 independent review...... 86 disciplinary action...... 21, 82 information...... 9 discipline...... 21 Information Resources, Inc...... 57 disclaimer...... 46 Insubordination...... 21 dismissal...... 19, 45 Internet...... 24 disputes...... 43 88 Internet access...... 24 personal leave...... 36, 37, 75 intoxicants...... 21 personal use of electronic communications...... 23 invasion of privacy...... 54 Personnel Committee...... 63 investigation...... 82 personnel files...... 54 involuntary termination...... 45 personnel records...... 16, 80 Personnel Survey Report...... 63 physical health...... 19 J policies...... 9 job description...... 20, 40 position classifications...... 27, 51 job expectations...... 20 position description...... 15, 53 jury duty...... 38, 77 procedures...... 9 professional appearance...... 20 L R legal claim...... 54 legal language...... 46 rebuttal...... 54 license agreements...... 24 recruitment...... 53 Life Insurance...... 32, 66 reduction in staff...... 45 limited term...... 14 reference letters...... 54 living wage...... 63 Religious...... 67 long-term disability...... 66 religious discrimination...... 50 lunch...... 26 responsibilities...... 20 lunch breaks...... 60 rest periods...... 26, 61 rules...... 20 M S M / C (Medicare)...... 31 maternity leave policies...... 36 school-year employees...... 64 military leave...... 38 security levels...... 23 minimum wages...... 51 severance...... 85 mission statement...... 11, 48 severe weather...... 39 sexually explicit materials...... 23 short term disability...... 66 N sick leave...... 36, 72 Social Security...... 67 negligence...... 21 software...... 23, 25 non-exempt...... 51 software license...... 25 non-exempt employees...... 27, 28, 29, 61, 62 soliciting employees...... 21 non-exempt position...... 14 standards of behavior...... 85 non-renewal...... 85 standards of conduct...... 21, 59 non-renewal of contract...... 45 State Withholding...... 31

O T office hours...... 26 tax sheltered annuity...... 32, 67 organizational chart...... 12, 49 technical skills...... 19 outplacement...... 87 termination...... 36, 45, 85, 86, 87 overtime...... 27, 51, 61 titles...... 53 overtime pay...... 29 training...... 38 transportation expenses...... 39 P travel mileage...... 79 Parish Administration...... 12 Parish Governance...... 12 U parish payroll...... 31 unethical conduct...... 21 parish structure...... 49 part-time...... 14 pay...... 64 V payday...... 31 payroll...... 64 vacation...... 25, 33, 68 payroll deductions...... 31 vacation increment...... 69 payroll records...... 26 violence...... 23 pension plan...... 32, 67 voice mail...... 22, 23, 25 performance criteria...... 53 voluntary termination...... 45 performance planning...... 40, 80 volunteer application form...... 58 performance review...... 53 volunteers...... 56, 57, 58 personal effects...... 87 89 W Wisconsin law...... 54, 68 withholding...... 31 W-4 Form...... 31 work days...... 19 Wage and Hour Law...... 51 work environment...... 41 waste...... 21 work hours...... 19, 60 weapons...... 22 work log...... 29 Wisconsin Department of Justice...... 55 worker's compensation...... 32 Wisconsin FMLA...... 73 working at home...... 60 World-Wide Web...... 24