Congregation at Duke Chapel

Employee Manual

sketch of interior of Chapel

The Congregation at Duke Chapel

Employee Manual

November, 2014

PREFACE

The contents of this document have been prayerfully prepared by the Staff Parish Relations Committee and the Administration Committee to assist church staff to better understand the Congregation at Duke Chapel’s personnel policies.

We are engaged in the most important business in the world – reaching others with God's Word. In this work, each staff member is an integral part of, and every job is important in fulfilling the mission of this congregation and its membership.

The Congregation expects all employees to be role models for others. An employee's attitude, conduct, and behavior should reflect positively on Christ, Duke Chapel, and the Congregation.

This Manual provides information about the Congregation's benefit programs, as well as its personnel policies and procedures. If anything is unclear, employees should discuss the matter with the Sr. Pastor. Each employee is responsible for reading and understanding this Employee Manual, and performance evaluations will reflect adherence to the Congregation's policies.

The Congregation Council, at its option, may change, delete, suspend or discontinue any part or parts of the policies in this Manual at any time without prior notice. Any such action shall apply to present as well as future employees with continued employment being the consideration between the Congregation and employee. Every effort will be made to keep employees informed of such changes through suitable lines of communication. No statement or promise by a supervisor or manager may be interpreted as a change in policy nor will it constitute an agreement with an employee.

Should any provision in this Employee Manual be found to be unenforceable and invalid, such finding does not invalidate the entire Employee Manual, but only the subject provision.


Receipt & Acknowledgement

of the Congregation at Duke Chapel Employee Manual

This Employee Manual is an important document intended to help employees become acquainted with the Congregation at Duke Chapel. This Manual will serve as a guide; it is not the final word in all cases. Individual circumstances may call for individual attention.

The Congregation Council, at its option, may change, delete, suspend or discontinue any part or parts of the policies in this Manual at any time without prior notice. No changes in any benefit, policy or rule will be made without due consideration of the mutual advantages, disadvantages, benefits and responsibilities such changes will have on employees and on the Congregation.

Please read the following statements and sign below to indicate your receipt and acknowledgement of the Employee Manual.

  • I have received and read a copy of the Congregation at Duke Chapel Employee Manual. I understand that the policies, rules and benefits described in it are subject to change at the sole discretion of Congregation Council at any time.
  • I further understand that my employment is terminable at will, either by myself or the Congregation at Duke Chapel regardless of the length of my employment.
  • I understand that no contract of employment other than "at will" has been expressed or implied, and that no circumstances arising out of my employment will alter my "at will" employment relationship unless expressed in writing, with the understanding specifically set forth and signed by myself and the Sr. Pastor of the Congregation at Duke Chapel.
  • I understand that my signature below indicates that I have read and understand the above statements.


 
 


Employee's Printed Name
 
 


Employee's Signature


 
 


Position
 
 


Date

 


Table of Contents

ARTICLE I.	GENERAL PROVISIONS	
Section 1.	Purpose of the Employee Manual	
Section 2.	Employment at Will	
Section 3.	Position Status	
Section 4.	Business Hours	
ARTICLE II.	COMPENSATION	
Section 1.	General	
Section 2.	Introductory Period	
Section 3.	Performance Evaluation	
Section 4.	Effective Date of Pay Changes	
Section 5.	Overtime Pay Provisions	
Section 6.	Payroll Deductions	
Section 7.	Pay Periods	
ARTICLE III.	EQUAL EMPLOYMENT OPPORTUNITY	
Section 1.	Equal Employment Opportunity Policy	
Section 2.	Immigration Reform and Control Compliance	
ARTICLE IV.	EMPLOYMENT POLICIES	
Section 1.	Other Employment	
Section 2.	Harassment Policy	
Section 3. 	Child Safety	
Section 4.	Safety	
Section 5.	Alcohol, Drug, and Controlled Substance Work Place Policies	
Section 6.	Political Activity and Media Communications	
Section 7.	Solicitation of Employees	
Section 8.	Adverse Weather	
Section 9.	No Smoking Regulations	
ARTICLE V.	EMPLOYEE BENEFITS	
Section 1.	Healthcare Assistance	
Section 2.	Social Security & Medicare	
Section 3.	Workers’ Compensation	
ARTICLE VI.	HOLIDAY AND LEAVES OF ABSENCE	
Section 1.	Policy	
Section 2.	Holidays	
Section 3.	Vacation Leave	
Section 4.	Sick Days	
Section 5.	Emergency Leave	
Section 6.	Maternity/Paternity Leave	
Section 7.	Workers’ Compensation Leave	
Section 8.	Military Leave	
Section 9.	Jury Duty	
ARTICLE VII.	INVOLUNTARY TERMINATION	
Section 1.	Dismissal	
Section 2.	Reasons Defined	
ARTICLE VIII.	PROBLEM RESOLUTION	
Section 1.	The Process	
Section 2.	Protection	
ARTICLE IX.	PERSONNEL RECORDS AND REPORTS	
Section 1.	Personnel Records Location	
Section 2.	Furnishing of Personnel Information	
Section 3.	Organization of Personnel Files	
Section 4.	Retention of Personnel Files	
Section 5.	Current Information in Files

ARTICLE I. GENERAL PROVISIONS

Section 1. Purpose of the Employee Manual

It is the intent of the Congregation at Duke Chapel (Congregation) to treat all employees fairly with regard to salary and benefits, working conditions, job duties, and promotion considerations. The Congregation is committed to offering a competitive salary and compensation package. The Staff Parish Relations Committee will review the Employee Manual annually to determine if changes or updates to the Manual are needed.

Section 2. Employment at Will

Employment is with the mutual consent of the employees and the Congregation. Consequently, both employees and the Congregation have the right to terminate the employment relationship at any time, with or without cause, with a reasonable notice. This employment at will relationship may not be modified by an oral or implied agreement.

Section 3. Position Status

Employees are classified as either full-time or part-time and as either exempt or non-exempt (see the definitions that follow). Unless otherwise specified, the benefits described in this Manual apply to only full-time employees. All other policies described in this Manual and communicated by the Congregation apply to all employees, with the exception of certain wage, salary and time off limitations applying only to non-exempt employees.

Ordained:
Includes the Pastor(s) and other ministerial positions. In case of conflict between terms of call and/or contract and the Employee Manual, the terms of call or contract will prevail.
Full-time:
Includes positions that are scheduled to work at least 30 hours per week.
Part-time:
Includes positions that are scheduled to work at fewer than 30 hours per week.
Exempt FLSA:
Includes positions exempt from the provisions of the Federal Fair Labor Standards Act (FLSA) and are paid on a salary basis.
Non-Exempt FLSA:
Includes positions that are paid one and one-half times their base rate for overtime work in excess of 40 hours per week and are subject to the provisions of the Federal Fair Labor Standards Act (FLSA).
Temporary:
Includes positions paid on an hourly basis or those positions hired for a specific event or purpose. Temporary positions are not eligible for benefits.

Section 4. Business Hours

Regular operating hours for the office of the Congregation are Monday through Friday 8:30 am to 4:30 pm.

ARTICLE II. COMPENSATION

Section 1. General

The Congregation desires to pay wages that are competitive in the marketplace and in a way that is fair and equitable, and is in compliance with all applicable statutory requirements. An employee's pay is influenced by the following factors:

  1. The nature and scope of the job
  2. What other employers pay their employees for comparable jobs
  3. Individual performance

The Congregation carries employees directly on its payroll. No person may be paid directly out of petty cash or any other such fund for work performed. The only exception to this policy is where a contract relationship exists with a bona fide contractor.

Employees may not accrue eligibility for monetary benefits that they have not earned through actual time spent at work. Employees shall not accrue eligibility for any benefits, rights, or privileges beyond the last day worked.

Section 2. Introductory Period

The first three months of employment are considered an introductory period during which an employee may be terminated for any reason. Employees shall be evaluated by their supervisor to determine if continued employment is appropriate at the end of this period.

Completion of the Introductory Period does not guarantee continued employment for any specified period of time, nor does it require that an employee be discharged only for "cause."

Section 3. Performance Evaluation

Performance evaluations are conducted annually for all employees in accordance with the Policies & Procedures Manual.

Section 4. Effective Date of Pay Changes

Approved pay changes will normally be effective on the anniversary of the date of employment.

Section 5. Overtime Pay Provisions

Employees of the Congregation can be requested and may be required to work overtime hours based on the needs of the Congregation and as determined by the employee's supervisor. The Congregation is required to comply with the FLSA. The Staff Parish Relations Committee shall determine which jobs are "Non-Exempt" and are therefore subject to the FLSA in areas such as hours of work and work periods, rates of overtime compensation, and other provisions.

The Congregation has designated a 168 consecutive-hour period (seven days) as the workweek under FSLA. This workweek will begin on Sunday and end on Saturday. Non-Exempt employees will be paid at a straight time rate for hours up to the FLSA established limit for their position (40 hours in a 7-day period). Hours worked beyond the FLSA established limit will be compensated at the time-and-one-half rate. In determining eligibility for overtime in a work period, only hours actually worked will be considered; in no event will vacation, sick leave, or holidays be included in the computation of hours worked for FLSA purposes.

Whenever practicable, the Congregation will schedule time off on an hour-for-hour basis within the applicable work period for Non-Exempt employees, instead of paying overtime. When time off within the work period cannot be granted, overtime work will be paid in accordance with the FLSA.

Employees in positions determined to be "Exempt" from the FLSA (as Executive, Administrative, or Professional staff) will not receive pay for hours worked in excess of their normal work periods.

Section 6. Payroll Deductions

Deductions shall be made from each employee’s salary as required by law.

Section 7. Pay Periods

Paychecks are issued on the 20th of each month, or on the nearest work day if the 20th falls on a weekend or holiday.

ARTICLE III. EQUAL EMPLOYMENT OPPORTUNITY

Section 1. Equal Employment Opportunity Policy

The Congregation will provide equal employment opportunity without regard to race, color, gender, sexual orientation, age, disability, religion, national origin, marital status, ancestry, political belief or activity, or status as a veteran.

The policy applies to all areas of employment, including recruitment, hiring, training and development, promotion, termination, layoff, compensation benefits, social and recreational programs, and all other conditions and privileges of employment in accordance with applicable federal, state, and local laws.

Any employee involved in discriminatory practices will be subject to discharge.

Section 2. Immigration Reform and Control Compliance

The Congregation shall comply with federal immigration laws and will not knowingly hire or continue to employ anyone who does not have the legal right to work in the United States. As a condition of employment, employees will be required to provide documentation (Form I-9) verifying their identity and legal authority to work in the United States.

ARTICLE IV. EMPLOYMENT POLICIES

Section 1. Other Employment

The work of the Congregation shall have precedence over other occupational interests of full-time employees. All outside employment for salaries, wages, or commission and all self-employment must be reported in advance to the Sr. Pastor. Approval for other employment will be given unless it conflicts with the work schedule or is determined to be a conflict of interest for the employee. Part-time employees are not subject to this section.

Section 2. Harassment Policy

The Congregation is committed to creating and maintaining a worship and work community in which members, friends, staff, and volunteers can worship and work together in an atmosphere free of all forms of discrimination, harassment, exploitation, or intimidation. Harassment of any sort - verbal, physical, and visual - will not be tolerated.

Harassment Defined:
Harassment can take many forms. It may be, but is not limited to: words, signs, jokes, pranks, intimidation, physical contact, or violence. Harassment is not necessarily sexual in nature. Sexually harassing conduct may include unwelcome sexual advances, requests for sexual favors, or any other verbal or physical contact of a sexual nature that prevents an individual from effectively performing the duties of their position or creates an intimidating, hostile or offensive working environment, or when such conduct is made a condition of employment or compensation, either implicitly or explicitly.
Responsibility:
All Congregation employees, and particularly supervisors, have a responsibility for keeping our work environment free of harassment. Any employee, who becomes aware of an incident of harassment, whether by witnessing the incident or being told of it, must report it to the Sr. Pastor. When the Sr. Pastor becomes aware that harassment might exist, he/she is obligated by law to take prompt and appropriate action, whether or not the victim wants the Congregation to do so.
Reporting:
Any incidents of harassment must be immediately reported to the Response Team in accordance with the Policies & Procedures Manual. Appropriate investigation and disciplinary action will be taken. All reports will be promptly investigated with due regard for the privacy of everyone involved. Any employee found to have harassed a fellow employee or subordinate will be subject to severe disciplinary action or possible discharge. The Congregation will also take any additional action necessary to appropriately remedy the situation. No adverse employment action will be taken for any employee making a good faith report of alleged harassment.

The Congregation accepts no liability for harassment of one employee by another employee. The individual who makes unwelcome advances, threatens or in any way harasses another employee is personally liable for such actions and their consequences. The Congregation will not provide legal, financial or any other assistance to an individual accused of harassment if a legal complaint is filed.

Section 3. Child Safety

All employees of the Congregation who, acting for the Congregation, have contact with children are subject to and shall comply with the Chapel’s Child Safety Policy.

Section 4. Safety

The Congregation follows the safety policies of Duke Chapel and will provide orientation on those policies.

Section 5. Alcohol, Drug, and Controlled Substance Work Place Policies

The Congregation prohibits the use, possession, or distribution of alcohol, drug, and controlled substances in the work place. Employees will be terminated immediately for violation of this policy.

Section 6. Political Activity and Media Communications

The Congregation supports the voluntary activity of employees in political organizations of their choice. However, employees shall not engage in partisan political campaigning activities while on duty and shall not use or make available for use Congregation or Duke Chapel facilities or membership information for such purposes.

All requests from the media for information concerning the Congregation shall be directed to the Sr. Pastor.

Section 7. Solicitation of Employees

The Congregation does not permit solicitation for clubs, organizations, charities, and similar organizations among its employees. No employee may be required to participate in or contribute to a collection effort.

Section 8. Adverse Weather

If the Sr. Pastor determines that office will be open, employees are expected to report to work if they determine it is safe to do so.

Section 9. No Smoking Regulations

Duke Chapel has adopted a policy of no smoking in any of its facilities. Employees are required to follow this policy.

ARTICLE V. EMPLOYEE BENEFITS

Section 1. Healthcare Assistance

The Congregation provides employees a Healthcare Assistance allowance to be used as desired by the employee for healthcare costs. The Staff Parish Relations Committee recommends to the Council the amount of the Healthcare Assistance each year during the budget process.

Section 2. Social Security & Medicare

The United States Government operates a system of contributory insurance known as Social Security & Medicare. As a wage earner, you are required by law to contribute a set amount of your wages to the trust fund from which benefits are paid. As your employer, the Congregation is required to deduct this amount from each paycheck you receive. In addition, the Congregation matches your contribution dollar for dollar, thereby paying one-half of the cost of your Social Security & Medicare benefits.

Section 3. Workers’ Compensation

All employees of the Congregation (full-time, part-time, and temporary) are covered by the North Carolina Workers’ Compensation Act.

Any injury is covered if it's caused by the employee's job - not just serious accidents, but even first-aid type injuries. Illnesses may also be covered, if they're job-related. For example, common colds and flu are not covered, but if an employee catches tuberculosis while working at a TB hospital, that is covered. The main question is if the injury or illness is the result of the performance of an employee's job.

Coverage begins as soon as the employee is on the job and continues anytime the employee is working for the Congregation. Employees do not have to work a certain length of time, nor earn any minimum amount of wages before protection begins.

All injuries, no matter how slight, must be reported immediately to the employee's supervisor to assure consideration under Workers' Compensation Insurance, should complications develop later.

There are no reports to fill out or forms to sign. Employees must inform their supervisors about what, where, when, and how an accident happened - enough information so that he or she can arrange medical treatment and complete the necessary reports. In an emergency, employees may go directly to one of the medical facilities nearby. It may be necessary to furnish written statements regarding the on-the-job accident so that the incident may be accurately documented, and so the employee may receive all the benefits to which they are entitled. (Failure to do this could result in loss of benefits.) Prompt reporting is the key. Benefits are automatic, but nothing can happen until the employer knows about the injury. An employee can ensure his or her right to benefits by reporting every injury, no matter how slight. Even a cut finger can be disabling if an infection develops.

ARTICLE VI. HOLIDAY AND LEAVES OF ABSENCE

Section 1. Policy

The policy of the Congregation is to provide holidays, vacation leave, and sick days to full-time employees. Part-time employees, working 20 or more hours on a 12 month basis, shall be provided these benefits on a prorated basis.

Section 2. Holidays

The following days are holidays with full pay for full-time and part-time 12-month employees of the Congregation:

  • New Year's (2 days)
  • Martin Luther King, Jr. Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving Day and the day after
  • Christmas (2 days, determined annually)

When any recognized holiday falls on Saturday, the holiday will be observed on Friday. When a holiday falls on a Sunday, Monday will be observed as the holiday. Any holiday occurring when an employee is taking a Sick Day or Vacation Day will be treated as a holiday. Provided the employee returns to work for at least one full day immediately following the authorized absence, the day will not be deducted from Sick Day or Vacation accrual.

Employees required to work on any of these holidays shall receive the equivalent time off. This holiday time shall be taken within thirty days of the holiday observed and must be approved by the supervisor.

Section 3. Vacation Leave

Each full and part-time 12-month employee of the Congregation shall earn annual vacation leave at the following schedule, prorated by the average number of hours in the workweek. Years of service is defined as employment with the Congregation.

Years of Employment Monthly Accrual Rate (In Hours) Total Accrual Per Year (In Days)
Fewer than five (5) years 8.67 13
More than five (5) but less than ten (10) 12.00 18
More than ten (10) years 15.33 23

Vacation Leave accrues monthly.

Employees may accumulate and carry forward up to five (5) days of vacation from one calendar year to the next.

Employees shall coordinate the use of all vacation leave with their supervisor or the Sr. Pastor so as to minimally interfere with the normal operations of the Congregation.

When an employee leaves the employment of the Congregation, he/she will be paid for the accumulated vacation leave.

Section 4. Sick Days

Full and part-time 12-month employees shall be allowed up to twelve (12) sick days per calendar year, prorated by the average number of hours in the workweek.

If additional time is needed, the supervisor and Staff Parish Relations Committee will determine what is reasonable.

To help cover a time period of extended or serious illness, employees may carry forward up to ten (10) days of earned, unused sick leave from one calendar year to the next.

When an employee leaves the employment of the Congregation, he/she will not be paid for the accumulated sick leave.

Section 5. Emergency Leave

Up to three days of Emergency Leave is granted when there is a death in the employee's immediate family. Immediate family is defined as spouse, spousal equivalent, child, parent, brother, sister, grandparent, or the step in-law, or adopted relationships of this group. Should other family members, not included in this group, reside in the same household as the employee, Emergency Leave is also granted.

Section 6. Family and Medical Leave

Employees may take up to 12 weeks (60 days) unpaid leave within a 12-month period for the birth or placement of a child or a serious health condition. Employees, who have accrued vacation time or sick leave time, will be required to use this paid time off with the commencement of the Family and Medical Leave. When accrued vacation and sick leave is exhausted, the balance of the leave will be unpaid. While an employee is on Family and Medical Leave, the Congregation will continue to pay the employee’s health insurance as outlined in Article V, Section 1 of this policy. For non-emergency situations, Family and Medical Leave is to be requested 30 days in advance.

Section 7. Workers' Compensation Leave

Upon notification to their immediate supervisor, an employee absent from duty because of sickness or disability covered by the North Carolina Workers’ Compensation Act may elect one of the following:

  1. Use accrued vacation during the waiting period and then go on workers’ compensation only
  2. Use accrued vacation during the waiting period and then supplement workers’ compensation payments with vacation leave after they begin, provided that the combination of leave, supplement and workers’ compensation payments does not exceed normal compensation
  3. Use no vacation leave for the waiting period and then go on workers’ compensation only

Temporary employees will go directly to leave without pay status and will receive all eligible benefits under the Workers’ Compensation Act.

Section 8. Military Leave

Full-time employees, who are members of an Armed Forces Reserve organization or National Guard, shall be granted up to ten workdays per calendar year for military leave with full pay. If military duty is required beyond the ten working days per year, the employee will be placed on Leave Without Pay status, after accrued vacation leave is exhausted.

An employee called to extended active duty with the United States military service, who does not volunteer for service beyond the period for which called, shall be reinstated with full benefits provided the employee:

  1. Applies for reinstatement within 90 days after the release from military service;
  2. Is able to perform the duties of the former position or similar position; or
  3. Is unable to perform the duties of the former position or a similar position due to disability sustained as a result of the military service, but is able to perform the duties of another position in the service of the Congregation. In this case the employee shall be employed in such other position as will provide the nearest approximation of the seniority, status, and pay which the employee otherwise would have been provided if available.

Section 9. Jury Duty

A Congregation employee called for jury duty shall receive paid leave for such duty during the required absence. The employee may keep fees and travel allowances received for jury in addition to regular compensation. While on jury duty, benefits and leave shall accrue as though on regular duty.

ARTICLE VII. INVOLUNTARY TERMINATION

Section 1. Dismissal

Since employees are employed at will by the Congregation, they may be terminated for any reason.

Section 2. Reasons Defined

Reasons for termination usually fall into two categories: Unsatisfactory Performance of Duties or Detrimental Personal Conduct.

Unsatisfactory Performance of Duties includes any aspects of the employee’s job which are not performed as required to meet the standards set by the Sr. Pastor.

Examples of unsatisfactory job performances include but are not limited to, the following:

  • Inefficiency, negligence, or incompetence in performing assigned job duties
  • Careless, negligent, or improper use of Congregation or Duke Chapel property
  • Discourteous treatment of the public, Congregation members, or other employees
  • Absence without approved leave
  • Repeated improper use of leave privileges
  • Habitual pattern or failure to report for duty at the assigned time and place
  • Failure to complete work within time frames established by the supervisor or Congregation work standards
  • Failure to meet job expectations or work standards over a period of time

Detrimental Personal Conduct includes behavior of such a serious detrimental nature that the functioning of the Congregation may be or has been impaired; the safety of persons or property may be or has been threatened; or the policies, rules, and regulations of the Congregation may have been violated. Examples of detrimental personnel conduct include, but are not limited to the following:

  • Insubordination
  • Fraud
  • Falsification of records for personal profit, granting of special privileges, or obtaining employment
  • Willful misuse or gross negligence in handling of Congregation funds
  • Willful or wanton damage or destruction to Congregation or Duke Chapel property
  • Possession of unauthorized firearms or other weapons
  • Brutality in the performance of duties
  • Reporting to work under the influence of alcohol or drugs, or partaking of such while on duty
  • Engaging in incompatible employment or a conflicting interest
  • Violation of the sexual harassment policy of the Congregation
  • Immoral conduct

ARTICLE VIII. PROBLEM RESOLUTION

Section 1. The Process

The Congregation respects the right of employees to express their views about operations, procedures, and working conditions that affect them. Any employee who feels that they have been treated unfairly or is subject to unsafe working conditions should contact their immediate supervisor. If this meeting does not offer resolution, the employee should contact the Staff Parish Relations Committee.

Section 2. Protection

Employees who use the resolution process should do so without fear of intimidation, coercion, or adverse action. Any request or expressed concern will be expeditiously processed.

ARTICLE IX. PERSONNEL RECORDS AND REPORTS

Section 1. Personnel Records Location

All personnel records shall be maintained in the office of the Congregation. Only the Pastor(s), and the Chair of the Staff Parish Relations Committee have access to the records. The employee has the right to review their personnel file and should request permission from the Pastor(s) or the Chair of the Staff Parish Relations Committee.

Section 2. Furnishing of Personnel Information

The Pastor(s) and/or the Chair of the Staff Parish Relations Committee may furnish any information from the personnel files, with the written approval of the employee. This approval shall be retained in the personnel files as a permanent record.

Section 3. Organization of Personnel Files

Each personnel file shall contain the following documents:

  1. All documents received during the hiring and selection process. i.e. application, resumes, references, I-9, etc.
  2. All documents used to make appropriate or requested payroll deductions
  3. All documents generated during a person’s employment which show leave, performance, and other situations which are job related
  4. Any correspondence or memorandums between employees and supervisors regarding employment, performance, or other job related decisions

Section 4. Retention of Personnel Files

The Congregation shall retain all personnel files of former employees for a period of five years after termination unless there are specific circumstances indicated on the file to retain for a longer period of time.

Section 5. Current Information in Files

All employees shall notify the Congregation office of any changes in name, address, telephone number, emergency information, and other information.