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INTRODUCTION

These are the basic personnel policies of the Cabinet, the Council on Finance and Administration, the Conference Council on Ministries, the Conference Board of Pensions and the United Methodist Foundation (hereinafter referred to as “the employing agencies”).  These policies apply to lay employees and any clergy employees employed by these agencies but not under episcopal appointment as conference staff.  These policies are the entire agreement between the employee and the employing agencies and cannot be changed by any oral or written statements that contradict or are in conflict with the policies set forth herein.  Within the authority granted by the United Methodist Book of Discipline and the standing rules of the California-Nevada Annual Conference of the United Methodist Church, these policies supersede all previous handbooks, personnel manuals,  policies, or guidelines which are in conflict with this document.  Although more specific policies, procedures, training programs or instruction, either verbal or written, may also apply depending upon the employee’s job, no such policy or procedure may be in conflict with those contained in this document.  In addition, no employing agency representative is authorized to modify these policies for any employee or to enter into any agreement contrary to what is stated herein.  Each employee will be provided with a copy of the personnel policies and are required to read, become familiar with, and agree to abide by these policies during their employment.

The Conference Personnel Working Group will review and recommend policy changes as they deem necessary.  Any changes to these policies will be provided to employees, in writing, at the time changes are made.  The employing agencies are charged with oversight of the implementation of these policies.

Employment with the employing agencies is strictly “at-will” and may be terminated at any time by either the employee or the supervisor/supervising agency without cause or reason.  Nothing contained in this manual, nor any representation by any supervisor or representative of the agency may contradict or contravene this policy of at-will employment.

The conference treasurer’s office may provide ancillary payroll and/or bookkeeping services to other conference-related agencies or committees other than the employing agencies listed above.  Such services do not imply an employer/employee relationship with the Council on Finance and Administration, the Conference Council on Ministries, the Conference Board of Pensions or the United Methodist Foundation.

GENERAL EMPLOYMENT POLICIES & COMMITMENTS

Equal Employment Opportunity Commitment :  The employing agencies are committed to the concept and practice of equal employment opportunity in hiring, employment and promotional decisions.  The employing agencies seek to employ and advance the best qualified applicant or employee without regard to sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical or  mental disability, medical condition, age, marital status, or status as a veteran.

If an employee believes that he or she has suffered discrimination, the employing agency wants to know about it.  The employee should notify their supervisor or supervising committee immediately.  Supervisors will investigate claims promptly and take corrective action where appropriate.  Regardless of the outcome of any investigation,  there will be no retaliation against any employee who reports perceived discrimination.

Americans With Disabilities Act :  The Americans With Disabilities Act prohibits discrimination in any terms or conditions of employment for qualified individuals with a disability.

The Americans With Disabilities Act requires that employment decisions be based on the ability of a person to perform the essential functions of a job and not the person’s disability or limitations.  Further, it requires supervisors to reasonably accommodate individuals with disabilities when necessary.

To comply with the employment provisions of the Americans With Disabilities Act, the employing agencies will:

·          Identify the essential functions of a job;

·            Determine whether a person with a disability is qualified to perform those functions, with our without accommodation; and,

·            Determine whether reasonable accommodation can be made for a qualified individual.

Policy Against Unlawful Harassment :  In accordance with federal and state law, the employing agencies have adopted and maintain strict enforcement of this policy against unlawful harassment which includes sexual harassment.  Unlawful harassment, is any behavior or acts which create a work environment that is hostile, offensive or intimidating to the employee, and is done on the basis of the employee's sex, race, color, ancestry, religious creed, national origin, physical or mental disability, medical condition, age, marital status, status as a veteran or sexual orientation.  The intent of this policy is to eliminate unlawful harassment from occurring at work.  All employees are urged to cooperate and abide by this policy by not engaging in any harassing behavior or acts personally and by reporting any incidents of harassment they observe or are subjected to immediately to their supervisor or supervising committee .  The employing agencies do not condone or ratify any conduct which is construed to be unlawful harassment.  Employees who violate this policy are subject to discipline or termination.

The following examples are provided to help employees better understand what type of behavior or actions might be considered to be unlawful harassment: verbal abuse, including making or using derogatory comments, slurs or jokes; suggestive, degrading words, comments or suggestions, obscene letters, notes or invitations; unwelcome physical contact, any unwanted touching, assault or impeding or blocking of movement; threats of retaliation; offering or withholding of employment or employment benefits in exchange for sexual favors; any unwanted advances or propositions; visual conduct, including sexual gestures, leering, suggestive objects, pictures, posters, etc.; and graphic verbal commentaries about an individual's body.

Any employee observing or subjected to unlawful harassment by another employee, supervisor, client, or vendor of the employing agency should promptly and fully report the facts of the incident and the names of the individuals involved to their supervisor or supervising committee .  All reports will be promptly investigated in a confidential manner, and the complainant will be informed of the outcome of the investigation and what corrective action will be taken.  Supervisors will not retaliate against employees making them aware of complaints, and the employing agency will make every effort to deter and correct unlawful harassment from occurring at work.

In addition, all employees are provided with a copy of the Department of Fair Employment and Housing's pamphlet entitled "Sexual Harassment is Prohibited By Law," which they must read and acknowledge along with this manual.

Employment :  Employment with the employing agency is terminable at will; that is, terminable at any time without reason or cause by either the employee or the employing agency.  In addition, employees may be demoted, transferred, laid off, or reassigned duties at any time without cause or reason in the sole discretion of the employing agency.

If an employee decides to terminate their employment for any reason, the employing agency would appreciate two (2) weeks notice in writing.  This courtesy on the employee's part will give the employing agency sufficient notice to arrange for a replacement.

Eligibility to Work :  The employing agencies are committed to employing U.S. citizens and those non-citizens who are lawfully authorized to work in the United States.  In order to comply with Federal Immigration Reform and Control Act (IRCA) of 1986, each employee must complete an Employment Eligibility Verification Form (Form I-9) and present proper documents to establish their identity and employment eligibility within three working days of hire.  In addition, those employees who do not possess proper documentation but who are attempting to secure such evidence shall be allowed fourteen (14) days to comply with this requirement.

Any person employed pursuant to a work permit or visa, or other appropriate documentation with an expiration date must also reestablish their eligibility for employment at the expiration of such time by the presentation of additional documents establishing continuing eligibility, and fill out the Form I-9A.  All such forms are available from the Director of Administrative Services.

Grievance Procedure : All employees may bring questions and grievances to their immediate supervisor, either verbally or in writing.  If the employee is not satisfied with the response(s) of the immediate supervisor, the employee may make progressive written appeals to the next level of supervision up to the personnel committee level.  If the employee is still not satisfied with the outcome of this appeal process, a written appeal may be made to the employing agency.  Decisions of the employing agency shall be final.

In order that a grievance may be resolved in a timely manner, an employee must present his/her grievance in writing to his/her immediate supervisor within ten (10) working days of the event giving rise to the grievance. Further, any appeals must be made in writing within ten working days of an unsatisfactory response.  Responses by a supervisor shall be made in writing and within ten working days of the presentation of the grievance or appeal.

Communications and Problem Resolution : The employing agencies are committed to good employee relations.  Part of this commitment requires good communications.  Open and frank discussion  of  problems, complaints, suggestions, or questions is encouraged and will receive a timely response from the supervisors and personnel committees.

Experience has shown that when employees deal openly and directly with supervisors, the work environment can be productive, communications can be clear, and attitudes can be positive.  The employing agency amply demonstrates its commitment to employees by responding effectively to employee concerns.

If employees disagree with established rules of conduct, policies, or practices, they can express their concern through the problem resolution procedure.  No employee will be penalized, formally or informally, for filing a complaint with the employing agency in a reasonable, business-like manner, or for using the following problem resolution procedure:

Step One :  An employee should notify their immediate supervisor of any issue and/or concern, in writing, within ten days of the problem occurring. The supervisor shall respond in writing within ten days thereafter. 

Step Two :  If the response from the supervisor is not satisfactory to the employee, then the employee shall notify the chair of the personnel committee in writing, within ten days of receiving the supervisor’s response or the matter shall be considered dropped.  Upon receipt, the chair of the personnel committee shall respond to the employee’s concern within ten days, and the chair has full authority to make any adjustment deemed appropriate to resolve the problem. 

Although not every problem can be resolved to all parties’ satisfaction, the employing agency will make every reasonable attempt to respond to employee’s concerns, and to address legitimate and serious issues.

  ADMINISTRATIVE POLICIES

Employee Information :  All employees must provide their supervisor with the following information and thereafter keep that information current:

·    Current Home Address and Phone Number

·    Social Security Number and W‑4 Withholding Information

·    Name, Address and Phone Number of Person(s) to be Reached in the Event of an Emergency

·    INS I‑9 and I-9A Forms for Verification of Employment Eligibility

Employment Classifications :

Non-Exempt - employees who do not meet the criteria for exemption from overtime under state or federal laws.  These individuals must be paid overtime according to specific state and federal regulations.

Exempt :  Employees who are bona fide executive, administrative or professional persons, as defined by state and federal law and are exempt from overtime pay.

Hours of Work :  The office hours of the United Methodist Center are from 8:30 a.m. to 4:30 p.m., Monday through Friday.   Office hours may vary in other settings.

Employee Work Schedules :  Non-exempt employees will have work schedules established by their supervisors.  The normal schedule for full-time, non-exempt employees shall consist of 35 hours, Monday through Friday.  To the degree possible, employee work schedules should provide coverage during the same business hours as those established for the United Methodist Center.

Overtime : Non-exempt employees are expected to work overtime when required in the best interests of the employing agency.  Advance approval by an employee’s immediate supervisor is required for overtime to be allowed and shall be granted only when necessary to accomplish the work.

Breaks/Lunch : State law requires that employees are provided with a paid 10 minute break for each 4 hours of work.  Breaks are informal and may be taken at the employee’s convenience.

In accordance with state law, employees are also required to take a meal period each day which should be no less than thirty (30) minutes.  Meal periods are not considered working time and therefore are not paid.

Recording Time Worked :  Non-exempt employees are required to record when they report to work and when they finish work, as well as the time taken for lunch.

It is the employee’s responsibility to sign their time record to certify the accuracy of all time recorded.  The employee’s supervisor will review the time record before submitting for payroll processing.  In addition, if corrections or modifications are made to the time record, both the employee and supervisor must verify the accuracy of the changes by initialing the change on time record.  Time records must be turned in at the end of each pay period.  Each employee is responsible to see that their completed time record is turned in on time.  It is a violation of this  policy for one employee to record another employee’s time record or to alter time records of another employee or to falsify one’s own time record.

Workweeks : The workweek for calculation of pay and overtime  begins each Sunday at 12:01 a.m. and ends the following Saturday at midnight.

Payroll Periods :  Pay periods are the 1st through the 15th, paid no later than the 19th; and the 16th through the end of the month, paid no later than the 4th of the next month.   Each paycheck will include earnings for all work performed through the end of the previous payroll period.

In the event that a regularly scheduled payday falls on a day off such as a weekend or holiday, employees will be paid no later than the first day of work following the regularly scheduled payday.

Employees may have pay directly deposited into their bank accounts if they provide advance written authorization to the accounting department.  Employees will receive an itemized statement of wages when direct deposits are made.

Payroll Deductions :  Under state and federal law, the following deductions are required to be made for lay employees:  federal income tax, state income tax and social security (FICA).  Any loss or damage to conference property due to willful or gross negligence may also be charged to the employee. Other deductions which are voluntary require the employee to authorize the deduction in advance, in writing.

Administrative Pay Corrections : The accounting department takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday.

In the event that there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of the accounting department so that corrections can be made as quickly as possible.

Employee Salary Advances : The employing agencies do not make salary advances to employees.

Garnishments : Garnishments and wage assignments are legal liens against an employee’s earnings required to satisfy unpaid debts or judgments ordered by a court.  An employer has no option but to follow the precise requirements outlined in any garnishment and employees will be notified when such a garnishment is to be applied.

Regular Attendance & Punctuality :   The ability of the employing agency to work smoothly and effectively to meet the needs of our organization depends upon all employees maintaining good attendance and arriving promptly at the beginning of each workday and/or following breaks and lunches.  Absenteeism and tardiness place a burden on other employees and on the employing agency.  In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they must personally notify their supervisor at least one hour before the tardiness or absence.  Each day an employee is absent they must personally notify their supervisor unless prior arrangements otherwise are approved.

Poor attendance and excessive tardiness are disruptive.  Either may lead to disciplinary action up to and including termination of employment.

Telephone Use:  Telephones are important to the employing agency’s every day operation.  Employees are asked to keep personal calls to a minimum and not make long distance calls except in emergencies. 

Internet Access

Internet access is provided to some employees for business purposes.  Responsible use of internet access should be observed by all employees.

Safe Driving :   Any traffic and/or parking violations are the responsibility of the individual employee, and the employing agency shall not be responsible for such violations.

Smoking :   The employing agencies are dedicated to providing a healthy, comfortable, productive work environment for our employees, therefore, smoking is prohibited in all the conference facilities.

Personnel Files :  Personnel files of employees are the property of the employing agency but will be made available to employees for inspection with their supervisor upon reasonable request and scheduling.

Verification of Employment:

The employing agencies will, upon request, verify the dates of employment and the position held.  With a written release by the employee, the employing agencies will also verify the compensation of the employee.

Inspection of Work Areas : The employing agencies adhere to state and federal employment law with respect to the inspection of work areas.

Honoraria for Outside Service : Services to a local church or agency of the Conference which are within an employee’s job responsibilities shall not be compensated to the employee separately by the local church or agency.

Personal Conduct and Performance : In order to provide a safe and productive work environment, the following are considered inappropriate behavior:

·            Harassment of or discrimination against fellow employees, clients and/or vendors, including sexual harassment;

·            Falsifications of employment application or other records, books, or documents;

·            Sleeping on the job;

·     Creating disharmony in the workplace;

·     Abusive or discourteous language or behavior;

·            Discriminating against anyone associated with the employing agency because of race, color, age, ancestry, religion, sex, national origin, handicap, financial condition, marital status, medical condition, or sexual orientation;

·            Possession or consumption of illegal drugs/alcoholic beverages while on duty or reporting to work with these substances in any measurable amount in the body;

·     Willful or negligent misuse, damage to, or destruction of employing agency’s or other employee’s property;

·     Theft or other dishonest conduct;

·            Insubordination.

Although discipline may apply for a violation of any of the above rules, it in no way limits or alters the at-will status of all employees.

BENEFITS

Pension Contributions: The employing agency offers pension contributions to all eligible full-time employees.  Plan benefits are described in the plan document.  A summary of the plan document is available from the executive secretary of the Conference Board of Pensions.

Health Benefits : The employing agency offers health coverage to all eligible full-time employees in accordance with conference standing rule IX.E.2.  Plan benefits are described in the evidence of coverage booklet available from the executive secretary of the Conference Board of Pensions.

Vacation : Exempt employees earn the same amount of vacation time as the clergy of this conference.  Clergy vacations are delineated in conference standing rule IV.F. 

Non-exempt full-time employees are entitled to two weeks vacation per year during the 1^st five years of employment; three weeks vacation per year during the 2^nd five years of employment and four weeks of vacation per year after ten years of employment.  Non-exempt employees must have their vacation dates approved by their supervisor.

After their first 90 days of employment, new employees are entitled to the portion of a full year’s vacation proportional to the amount of time left in the calendar year at the date of hire.  For instance, an exempt employee with an employment date of April 1^st will be entitled to 3 weeks of vacation (4 weeks vacation X 9/12 months) during their first calendar year of employment.

All employees begin a new calendar year entitled immediately to that year’s vacation time plus vacation time carried over from the prior year.  Employees may carry over to the next calendar year no more than one week of unused vacation time.

No employee may “cash out” vacation until termination at which time all earned but unused vacation time will be paid in accordance with state law.

Sick Leave :   Full- and part-time employees can be paid for up to 12 sick days per year.  Up to eight days of sick leave can be carried over from one year to the next, making the maximum sick leave available in a year 20 days.  Sick leave is to be used only in cases of illness, injury or medical appointment of the employee or an immediate family member where the employee must be absent to attend to the family member’s needs.  Additional sick time may be granted by the supervising agency in the event of a catastrophic illness.

Employees who are going to be absent should notify their supervisor according to the policies contained herein.  Any employee who is absent for more than five consecutive days may be required to provide a physician’s documentation justifying the need for sick leave.