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PERSONNEL POLICY

Second Congregational Church of Beverly, MA


Approved by the Central Board on April 7, 2020

Attested
Dale Miller Bouton, Board Secretary

ABOUT THIS HANDBOOK

This handbook is not a contract of employment. It is intended as a convenient way to explain


the rules, expectations, benefits and policies generally related to employment at Second
Church. The statements in this handbook are written and approved by the Central Board and
may be changed by the Central Board without notice at any time.

REGULATIONS ESTABLISHED BY FEDERAL AND STATE GOVERNMENT

EEO: Second Church is an equal opportunity employer. We make employment decisions based
on merit, qualifications and abilities, without attention to race, color, national origin, sex, sexual
orientation, gender identity, age, veteran or disability status. We consider religious creed only
where it is an essential aspect of a church job description. For example, pastoral staff must have
ordained ministerial standing in the United Church of Christ.

Second Church will not, based on your membership in a protected class, take discriminatory
actions against you such as firing you, refusing to promote you, giving you a poor evaluation, or
harassing you. We will make reasonable accommodations for disabilities as required by the
Americans with Disabilities Act.

Immigration law: In compliance with the Immigration Reform and Control Act of 1986, Second
Church employs only U.S. citizens and non-citizens who are authorized to work in the United
States. If you cannot provide documents verifying your right to work in the United States as
required by the federal I-9 form, the Church is required by law to terminate your employment.

Exempt vs. non-exempt employees: The Fair Labor Standards Act classifies employees as
exempt or non-exempt.
• Exempt means exempt from the FLSA and the benefits it guarantees. Exempt employees
hold salaried administrative, professional or management positions and are not eligible
for overtime pay no matter how many hours they work. Typically the pastor and music
director are salaried exempt employees.
• Non-exempt employees are subject to the FLSA. They are typically paid on an hourly
basis and are eligible for overtime pay if they work over 40 hours in a week. Other than
the pastor and music director, all our employees are non-exempt, but since all such
positions are part-time, overtime pay is unlikely to come into play.

Personnel Policy, approved by the Central Board April 7, 2020 Page 1 of 10


At will employees: Employment is presumed to be “at will” in the state of Massachusetts. “At
will” means that both Second Church and you are free to end the employment relationship at
any time, with or without notice, and for any reason. You are an employee “at will” unless you
have a contract stating otherwise signed by the Chair or Secretary of the Central Board.

Social Security and Medicare taxes: Unless an employee is an ordained pastor, Second Church
is required by law to withhold social security taxes (FICA, including Medicare) from your pay.
Except for ordained pastors, Second Church contributes one-half the tax, while the employee
contributes the other half. The federal government determines the percentage of tax withheld
from pay.

Workers’ compensation insurance: In accordance with Massachusetts law, Second Church


provides workers’ compensation insurance to pay for your medical expenses and partial salary
continuation in the event of a work-related accident or illness. If you are injured on the job or
become ill due to conditions in the workplace, you must immediately report the injury or illness
to the Pastor or the Central board. Not doing so may jeopardize your benefits.

Affordable Care Act: Second Church is not subject to the requirements of the Affordable Care
Act because we have fewer than 50 employees. We are not legally required to provide health
insurance to our employees.

State and federal family and medical leave acts: Second Church is not subject to the
regulations in the federal Family and Medical Leave Act because we have fewer than 50
employees. We are, however, affected by the Massachusetts Paid Family and Medical Leave Act
(PFMLA), which goes into full effect in 2021. The PFMLA requires employers to withhold a new
tax from employees’ paychecks, and in return it will provide most Massachusetts workers some
compensation and job security if they must take extended leave from work because they are
sick or because they need to care for a sick family member or deal with the birth, adoption or
foster care placement of a child. See the paragraph on Extended Leave.

REGULATIONS ESTABLISHED BY THE CONGREGATION IN THE BYLAWS

All sections of the current bylaws that relate to church staff are included in this policy as
Appendix A. Other policies established by congregational vote are included in Appendix B. The
following summary lays out the most important points:

Nondiscrimination: We welcome into our community all people, without regard to their
background and differences, who desire to live according to God’s law of love and to share the
joy and responsibility of Christian fellowship.

Standards of behavior: We commit to standards of behavior that make our community


productive and safe for everyone.

Personnel Policy, approved by the Central Board April 7, 2020 Page 2 of 10


Who hires and fires: The Central Board has ultimate authority and responsibility for creating
job descriptions, posting job openings, conducting searches, hiring, evaluating and, if necessary,
firing all staff, including the pastor.
• The Board may delegate certain routine tasks related to search, hiring and evaluation to
a working team, but it retains final decision-making power.
• The Board consults with the Finance Team to determine compensation levels. Positions
are funded by vote of the congregation either as part of the annual budget or in a
special congregational meeting.
• Open positions may be filled only after a public search has been conducted to find the
most qualified candidate. This means that members of the congregation may apply only
on the same basis as all other candidates, going through the same hiring process and
receiving no preference by virtue of their membership. The job must be offered to the
best qualified candidate.
• The call to a pastor is recommended by the Board and confirmed by vote of the
congregation.
• Non-pastoral staff are hired by the Central Board on the recommendation of the pastor,
if a pastor is in place at the time of hiring.
• The Board will prepare a contract or a job description, as appropriate, for each
employee, consulting with the pastor.
• At the request of the pastor, the Central Board may establish a Pastor/Parish Relations
or similar team to create a confidential setting in which to discuss sensitive topics.
• The congregation explicitly delegates to the Central Board the authority and
responsibility for evaluating the performance and terminating the employment of any
staff person, including the pastor.

Management: The pastor, who sits ex officio on the Central Board, answers to the Board. All
staff persons answer to the pastor in the conduct of their day-to-day work. If conflict arises
involving the staff that cannot be resolved by the pastor, all stakeholders have the right to
discuss issues in a confidential setting with the elected members of the Central Board.

Coordination: The Central Board, staff, officers and working teams gather three times a year,
typically in September, January and May, to set goals, coordinate planning and evaluate progress.

Ordinary Communication: The pastor normally presents staff concerns to the Central Board,
but the Board may invite staff to attend Board meetings to provide expertise, etc. The Central
Board also communicates with staff indirectly through the evaluation process. Staff may attend
Forward Chats, which are meetings for congregational discernment open to everyone. Staff
may also collaborate directly with working teams whenever needed.

Officers: Members of the staff may not serve as Moderator, Clerk, Treasurer or Asst Treasurer.

Personnel Policy, approved by the Central Board April 7, 2020 Page 3 of 10


OTHER POLICIES AFFECTING STAFF NOT IN THIS DOCUMENT

Other policies considered to be integral parts of the Personnel Policy are attached to this
document as appendices, including Harassment, Conflict of Interest, Non-discrimination,
Compensation, Whistleblower, Document Retention and Safe Church Policies. These policies
may be amended from time to time, and new policies may be added.

COMPENSATION

Payroll schedule: Employees are paid after the completion of each work period. Second Church
does not provide payroll advances or extend credit to staff. Hourly workers are typically paid
weekly and salaried employees monthly, but employees may arrange the frequency of their pay
with the Treasurer and the Financial Secretary to suit their mutual convenience.

Timesheets: At the end of each week, exempt employees who do not work a fixed number of
hours each week report their hours worked in a legible, organized and consistent format.

Deductions/withholding: As required by law, Second Church will withhold federal and state
taxes as well as FICA (Social Security and Medicare) payments from all non-pastoral staff. The
amounts withheld for state and federal taxes are calculated based on the signed W-4 form
provided by the employee. The employee is responsible for monitoring this. If adjustments are
needed, the employee must arrange changes with the Financial Secretary.

Independent Contractors: Independent contractors must provide the Financial Secretary with a
signed W-9 form including their full address and Social Security number before they can be paid.
If the nature of the Independent Contractor’s work might result in damage to the church, to the
Contractor or to other people on church property, then the Independent Contractor must show
proof of liability insurance. This does not include Independent Contractors such as guest
musicians, consultants, or pastors providing pulpit supply.

Contracts and job descriptions: Some employees may have a contract (pastor and music
director). All employees should have a written job description. Employees should review their
job descriptions annually with their supervisor to make sure they are up to date.

HOLIDAYS

It is not always possible for staff, especially the pastor and music director, to take holidays off
on the standard date. However the following holidays will be observed as days when the church
office is closed
1. New Year’s Day 5. Memorial Day 9. Veteran’s Day
2. Martin Luther King Day 6. Independence Day 10. Thanksgiving Day
3. Presidents’ Day 7. Labor day 11. Day after Thanksgiving
4. Patriot’s Day 8. Columbus Day 12. Christmas Day

Personnel Policy, approved by the Central Board April 7, 2020 Page 4 of 10


With permission from the pastor (or if there is no pastor, from the Central Board), staff may
choose to work on the holiday itself and take compensatory time off on a different date. The
Music Director’s time off is regulated by the terms of his or her signed contract and must be
worked out in cooperation with the pastor. The pastor’s time off is regulated by the terms of his
or her signed contract and must be worked out in cooperation with the Central Board.

VACATION TIME:

For employees paid on an hourly basis, vacation time accrues as follows:

Number of vacation days


Year of Employment Total vacation days per year
earned per month worked
1 .75 9
2-4 1 12
5 – 15 1.25 15
16 and up 1.75 21

One vacation day = the average daily hours worked (i.e., the normal work week divided by five):
• Full time (40 hours): 1 vacation day = 8 hours
• Three-quarter time (30 hours): 1 vacation day = 6 hours
• Half-time (20 hours): 1 vacation day = 4 hours
In the first year, employees may begin to use vacation days after 3 months of employment.

If vacation days earned in one year are not used in that year, they can be carried over into the
following year except that total vacation days accrued may never exceed 1.5 times the yearly
limit for the current year of employment as shown in the chart above. For example:
A person in the fourth year of employment earns 12 days of vacation but only uses 3. The 9
unused days carry over into the fifth year of employment until the total of new days accrued
in the fifth year plus the carried-over days from the fourth year equals 1.5 times the limit for
the fifth year of employment (1.5 x 15 days = 22.5 days). The unused days from the fourth
year will not carry over to the sixth year, but up to 7.5 unused days from year five can carry
over to year six. If there is uncertainty about how this plays out in an individual case, the
Pastor will decide what is appropriate.
The final paycheck for employees leaving employment shall include pay for vacation time
accrued but not used, subject to the limitations described above.

The vacation benefits for salaried employees such as the pastor and music director are
described in their contracts. All employees should discuss with the pastor their plans for taking
vacation time as early as possible so that they are not away at critical times like Christmas and
Easter, and so that their work can be covered during their absence. The pastor reports his or
her vacation plans to the Central Board, which is responsible for finding pulpit supply when the
pastor is away.

Personnel Policy, approved by the Central Board April 7, 2020 Page 5 of 10


OTHER BENEFITS:

Regularly scheduled medical and personal appointments and voting: Our employees are
either part-time hourly employees or are salaried with flexible working hours. Therefore it
should normally be possible for all employees to schedule non-emergency medical and legal
appointments and to go to the polls to vote outside of working hours. When this is not possible,
employees can work compensatory time to make up for time lost during normal working hours.

Sick leave: Second Church provides five paid days per year that may be used when the
employee is ill or when the employee must attend to the illness of a family member. The church
reserves the right to require appropriate medical documentation for sick leave.

Bereavement leave: Employees may take 3 paid days per year for time off related to the death
of a close family member.

Leave for jury duty, service as a witness:


Employees will be excused from work for the duration of a summons to serve on a jury or a
subpoena to appear in court as a witness. While serving, the church will pay the difference
between jury duty pay and your regular pay for up to five days. Additional time may be granted
on an unpaid basis. Employees must provide a copy of the summons or subpoena.

Extended leave:
We recognize that extended leave may be necessary in connection with:
• The employee’s own serious illness or pregnancy disability
• The birth or adoption of a child, or placement of a foster child
• The employee’s need to care for a close relative who has a serious medical condition

In general, the expectations are that:


• The employee will give the pastor or the Central Board as much notice as is possible
• The employee will provide documentation from their doctor or adoption officer
• Accrued paid vacation time, sick days, etc. will be used to cover the first period in an
extended leave situation.
• When vacation and sick days have been used, the rest of the extended leave will be
granted without pay by the church.
• Eventually, some salary during an extended leave may be provided by the PFMLA for
periods of 12 to 26 weeks, depending on the reason for the leave.
• The employee may return to their job at the end of the period established by law or
after a longer period if approved by the Central Board
The Central Board reserves the right to work out agreements granting extended leave on a
case-by-case basis as long as such agreements are consistent with law.

Military Leave (see 29 C.F.R.§541.602 and 20 C.F.R.§1002.153):


Non-exempt employees who take time off from work for military service:
• May be paid for their time away from work if the Board approves

Personnel Policy, approved by the Central Board April 7, 2020 Page 6 of 10


• May apply accrued vacation days to their military leave if they wish.
• Are guaranteed the right to return to their jobs when their service is complete, within
the limits set by federal regulations (USERRA)
Exempt (salaried) employees who take time off from work for military service:
• Will be paid in full for any week in which they work part of the week and are away doing
military service for part of the week
• May, if the Board approves, be paid for their time away for any week in which they are
absent for the entire week
• May apply accrued vacation days to their military leave if they wish.
• Are guaranteed the right to return to their jobs when their service is complete, within
the limits set by federal regulations (USERRA).

HEALTH AND SAFETY [edits expected as Safe Church finishes its policy]

Health Insurance: The church budget currently does not allow us to provide health insurance to
employees other than the pastor. However, we may offer access to a health insurance plan at
no cost to the church per UCC guidelines.

Smoking: Smoking is prohibited at all times inside any church building.

Drugs and alcohol: The presence, use, consumption, sale, manufacture or distribution of
alcohol or illegal drugs is prohibited:
• on church premises during working hours
• outside church premises when conducting church business, including while operating a
vehicle or equipment.
If you suspect or know that you have an alcohol or substance abuse problem, the church
encourages you to discuss this with the pastor and to seek diagnosis and treatment by a
qualified medical practitioner.

Guns: Employees are not permitted to carry a gun while on church property or while
conducting church business, whether they have a license to carry or not.

Fire Safety: [may be edited based on advice from Property Team]


• Do not prop open fire doors except for short periods when they are in heavy use.
• Do not store flammables like paper or plastic in stairwells unless in metal containers
• Do not leave equipment running when not in use, especially the copy machine and the
organ blower.
• All employees must be familiar with church fire safety rules.

General Safety hazards: As an employee, you are responsible both for complying with all safety
rules established by the church or by state or local authorities, and for actively maintaining a
hazard-free environment. Keep your workspace neat, clean and safe, especially from trip and
fall hazards.

Personnel Policy, approved by the Central Board April 7, 2020 Page 7 of 10


Safety Reporting: You are required to report any accidents or injuries that occur on the
property to the pastor AND to the parish administrator as soon as is practical. You are required
to report any unsafe equipment, working conditions, process or procedure to:
• the pastor AND
• the parish administrator AND
• the chair of the Property Team when the condition of property is involved.
If the problem is not addressed in a reasonable time, report the situation by email or in person
to the Central Board.

Inclement weather: In the event of adverse weather conditions, the pastor together with the
Chair of the Central Board will make the final decision whether or not the church office should
remain open, and whether worship services and church meetings should be held. The entire
Central Board will be consulted if time permits. Reasonable efforts will be made to notify all
employees of office closings. If the office is closed by the church, employees will be paid for the
day. If the office remains open, employees should use their judgement about whether it is safe
to travel to work. If an employee chooses not to work but the office is open in spite of weather
conditions, the employee may choose:
• to make up the lost hours at a later date
• to use personal/sick time or vacation time
• to take the time off unpaid.

HARASSMENT

General Information: Second Church has a separate policy (attached as Appendix C) stating that
it will not tolerate harassment of any kind, sexual or otherwise, and that its intention is to
create an environment in which employees feel comfortable about addressing their concerns.

What to do if you experience harassment: An employee who is being harassed should


immediately inform the pastor, who supervises all staff. If the pastor is part of the problem, the
employee should inform the Central Board. If reporting the harassment does not produce
action by the church and the harassment continues, you may file a formal complaint with
federal or state agencies. See Appendix C – Harassment Policy for details.

TECHNOLOGY AND PRIVACY

Equipment: Equipment (including but not limited to computers, printers, copiers, projectors,
screens and musical instruments) is the property of the church and should not be taken offsite
without permission from the Pastor (or in the absence of a pastor, from the Central Board). You
are expected to treat all church equipment with care and to report any malfunctions promptly
to the staff member equipped to assess the problem and arrange to have it corrected.

Personnel Policy, approved by the Central Board April 7, 2020 Page 8 of 10


Telephone, fax, internet and email: Access to these services is provided primarily for work-
related activities. Incidental and occasional personal use is permitted but the privilege should not
be abused. Employees may not use any church technology to access, download or distribute
material that is illegal, pornographic, discriminatory, harassing or an incitement to violence.

Copyright and trademark: Churches are not exempt from copyright laws, and Second Church
makes every effort to respect those laws. For example:
• The church maintains a general CCLI license, a blanket license that covers the
reproduction of songs for congregational singing in the sanctuary during worship.
• The church has an additional CCLI license to cover streaming the worship service. This
allows us to broadcast music as part of our worship service on the internet.
• The Music Director is expected to purchase enough copies of any piece of music
scheduled for performance by the choirs so that every performer has a legal copy.
Photocopies are permitted only when they are properly licensed (as in some
downloaded music) and to facilitate page turns in a copy already purchased for the
organist/music director

WORKPLACE DECORUM

Our employees and volunteers represent Christ and His Church to everyone with whom they
come into contact. Therefore it is important that each of them – of us - take care with our
personal appearance, our workspaces, the quality of our work and our behavior.

Appearance: All employees should dress appropriately for their jobs. This means casual
business attire unless the nature of the work requires otherwise. Given changing fashions
across generations, no specific rules are laid down here. As manager of the staff, the pastor
decides how to define “appropriate,” considering the occasion and job description.

Behavior: Employees are expected to behave kindly and respectfully toward everyone with
whom they interact, including fellow employees, church members, volunteers, tenants and the
general public. Employees should make a point of listening attentively, thinking before
responding and considering the feelings of others. In all things, strive to build up the church.
These principles apply to interactions by email, telephone and social media as well as in person.

Nepotism and dating: No person shall be employed in any position where that person will
supervise or be supervised by a member of that person’s family, unless an exemption is granted
by the Central Board prior to employment. Dating relationships are not permitted between a
supervisor and an employee who reports to that supervisor.

Speaking on behalf of the church: Employees may speak authoritatively only within the limits
of their job descriptions. Any requests from the media should be referred to the pastor or the
Central Board. Normally the Board will authorize the pastor to speak for the church.
Occasionally, the Chair of the Central Board may be a more appropriate choice.

Personnel Policy, approved by the Central Board April 7, 2020 Page 9 of 10


OVERSIGHT

Personnel records: Employees are responsible for notifying the church of any change in name,
address, telephone number, immigration status, or any other pertinent information. Paper files
containing personal information about employees are to be kept in a locked cabinet. Electronic
files containing personal employee information are to be kept in password-protected folders.

Performance reviews: Performance and salary reviews shall be conducted annually, either near
the anniversary of employment, or in the spring near the annual meeting. The Central Board
oversees the process but may delegate the work to the pastor or a working team. Factors
considered in your review include the quality of your job performance, your attendance,
meeting the requirements of your job description, dependability, attitude, cooperation,
compliance with church employment policies, any disciplinary actions and year-to-year
improvement in overall performance. Compensation increases may be recommended by the
Central Board, with input from the Finance Team, based on your performance review, taking
into consideration the financial condition of the church.

Separation: Separation from employment may be voluntary (resignation) or involuntary (due to


discharge, the elimination of a position or a reduction in our workforce). Although advance
notice of voluntary resignation is not required for hourly employees, the church would
appreciate two weeks written notice in order to plan for an orderly transition. Notice should be
given to the pastor or to the chair of the Central Board.

The church asks all employees to participate in an exit interview with the pastor and/or
members of the Central Board. On the final day of employment, all building keys, credit cards
and other church property in the staff member’s possession will be turned in to the pastor, or
in the absence of the pastor, to the chair of the Central Board

Employees will be paid through their last day of employment for the hours actually worked
along with any earned vacation leave that has not been used.

Grievance procedures: The church desires to resolve grievances as quickly and directly as
possible. Should you have a grievance against another employee, supervisor, or church
member, please report that grievance to the pastor, or if the grievance involves the pastor, to
the Chair of the Central Board. To the extent possible, grievances will be held in confidence.

ACKNOWLEDGEMENT
I acknowledge that I have received and read this personnel policy.

Name Position

Signature Date

Personnel Policy, approved by the Central Board April 7, 2020 Page 10 of 10

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