DIOCESE OF PORTLAND CLUSTER PERSONNEL POLICIES AND PROCEDURES MANUAL July 1, 2009
TABLE OF CONTENTS Page Introduction Letter from Bishop Richard J. Malone 1 Foreword 2 Purpose, Application, and Administration 3 Employment Hiring Policy 5 Employment Authority 6 Recruitment Authority 6 Accommodations of Persons with Disabilities 6 Transfers 6 External Employment Process 7 Re-employment of Former Employees 7 Employment of Relatives 7 Job Descriptions 8 Performance Management 8 Personnel Files 9 Immigration Law Requirements 9 Criminal Background Check 10 Standards of Conduct and Church Teachings 10 Compensation Benefits Employment Status Classification 12 Overtime, Compensatory Time, and Flexible Scheduling (Exempt Employees) 13 Overtime (Non-exempt Employees) 13 Payroll Procedures 13 Benefits Eligibility 15 Vacation 15 Holidays 17 Medical (sick) Leave 18 Family and Medical Leave of Absence (FMLA) 19 Maine Family Medical Leave 23 Maine Family Care Act 23
Operations Termination Military Qualified Exigency Leave (FMLA) 23 Military Caregiver Leave 25 Leave for Victims of Violence 26 Other Leaves of Absence 26 Bereavement Leave 27 Jury Duty 27 Military Leave 27 Health and Welfare Plans 28 Pension Plan 28 Tax Sheltered Annuity 28 Workers Compensation 28 Unemployment Compensation 28 Professional Development & Educational Assistance 29 Hours of Work 31 Meal and Break Periods 31 Flexible Scheduling 31 Severe Weather Conditions 32 Recording Time 32 Attendance and Punctuality 33 Professional Standards of Conduct 33 Dress Code 34 Confidentiality 35 Outside Activities 36 Conflicts of Interest 37 Substance Abuse 38 Smoking 38 Harassment 38 Sexual Misconduct 40 Safety and Security 41 Solicitations and Contributions 42 Use of Church Property and Resources 42 Job Related Expense Reimbursement 46 Disciplinary Guidelines 47 Employee Resolution Guidelines 49 Resignation 51 Retirement 51 Job Abandonment 51 Reduction in Force 51 Involuntary Termination of Employment 52 Exit Interviews 52 ii
Appendix A Cluster Business Coordinator Search Process and Cluster Pastoral Life Coordinator Search Process 54 Appendix B Timesheet Sample 60 Appendix C Comprehensive Electronic Communications Policy 61 Appendix D Expense Report Sample 72 Appendix E Employee Signature Form 73 iii
INTRODUCTION
FOREWARD Without a doubt, the Church s greatest resource is its people. Pope John Paul II, in his encyclical On Human Work, #4, states: Work is a fundamental dimension of human existence here on earth. One s employment helps give dignity to the human person and incorporates each in a meaningful way into the world around us. Our Diocesan Mission Statement (1988) emphasizes that: We as Church commit ourselves to foster the fullest development of each person. As an Employer, the Church has social, ethical, moral, and legal obligations to its employees. By the same token, Employees have similar responsibilities toward their Employer. In their pastoral letter on Economic Justice For All, #102, the American Bishops state: All working people are called to contribute to the common good by seeking excellence in production and service. As the Chief Pastor of the Roman Catholic Diocese of Portland ( Diocese ), the Bishop has the primary responsibility of seeing that the Church s mission is carried out in the Diocese. The parishes, schools, cemeteries and various departments, offices, commissions, and boards exist to assist the Bishop in fulfilling his responsibilities. 2
PURPOSE OF THIS MANUAL The purpose of this Manual is to establish comprehensive and consistent policies and procedures and to provide a ready reference for employees, supervisors, and the Employer. A copy of the Manual shall be given to each cluster employee of the Diocese. APPLICATION These policies and procedures apply to all persons employed by the Diocese unless stated otherwise in the Manual, benefit plan documents, or the Code of Canon Law. In the event of discrepancies between this Manual, plan documents or the Code of Canon Law, generally the plan documents or the Code of Canon Law will control. ADMINISTRATION OF THE POLICIES The day-to-day administration of these personnel policies and procedures will be the direct responsibility of the Cluster Business Coordinator and the Cluster Pastoral Life Coordinator. In the absence of one or both of these positions, the Pastor or the Administrator will have the responsibilities assigned to these positions. The Pastor is ultimately responsible for the administration of the policies and procedures contained in the Manual. Please contact the Diocesan Director of Human Resources with any questions or clarifications concerning the information contained in the Manual. This manual is effective July 1, 2009. 3
EMPLOYMENT 4
EMPLOYMENT The Diocese is committed to a policy of equal opportunity in employment practices. Recruitment, hiring, and termination decisions will be free from discrimination consistent with the Code of Canon Law and the teachings of the Church with regard to an individual s race, color, sex, age, national origin, disability, or veteran status or any other category protected under federal, state, or local law, and the Diocese will affirmatively seek to advance the principles of equal opportunity in employment in so far as the Code of Canon Law and the religious nature of the Diocese can be respected. This policy applies to all terms, conditions, and privileges of employment including, but not limited to hiring, training, employee development, promotion, transfer, compensation, benefits, layoff and recall. Any communication from a job applicant, an employee, a government agency, or an attorney concerning any equal opportunity matter is to be referred to the Diocesan Director of Human Resources. Every employee is responsible for compliance with this policy. Questions as to either content or interpretation of this policy should be directed to the Cluster Business Coordinator or, in the case of school employees, the Principal. Important Note for School Employees. Because all school employees are subject to personnel policies contained in a separate manual, the following provisions of the Employment section of this manual do not apply to school employees. HIRING POLICY Employees shall be hired in conformity with the policies stated herein. Neither the policies nor the language they contain are intended to create a contract of employment or any rights of continued employment, or change the status of the employment of the employee from that of an employee-at-will. This Manual is not a contract, express or implied, guaranteeing employment for any specific duration. Either the employee or the Employer may terminate the relationship at any time, for any reason, with or without cause or notice. (See Termination section of this manual.) No supervisor, manager, or representative of the Diocese, other than the Bishop, has any authority to enter into any agreement for employment for any specified period of time. Further, any employment agreement entered into by the Bishop shall not be enforceable unless it is in writing. Because a person s faith and Church participation are essential to the mission of the Church, the Employer may consider the religion of an applicant and employee in making employment decisions. 5
ACCOMMODATION OF PERSONS WITH DISABILITIES The Diocese is committed to ensuring equal employment opportunity for qualified persons with disabilities. The Diocese is also committed to providing reasonable accommodations to all disabled applicants and employees. If you have a disability that requires an accommodation, you should contact the Cluster Business Coordinator. Finding an appropriate and effective accommodation is a shared process, and the cooperation of the employee in working with the Diocese in this regard is very important. Questions regarding legal compliance must be directed to the Diocesan Director of Human Resources. EMPLOYMENT AUTHORITY The authority to select qualified applicants for any job rests with the Cluster Pastoral Life Coordinator and Cluster Business Coordinator subject to the approval of the Pastor. The Cluster Pastoral Life Coordinator should consult with the Cluster Business Coordinator by developing candidate profiles, identifying and screening applicants, and generating offers to ensure positions are filled in the most timely and cost effective manner. Each position must have a job description and must be authorized in writing, prior to the commencement of recruiting, by the Pastor. See Appendix A regarding specific posting and hiring procedures for the Cluster Pastoral Life Coordinator and the Cluster Business Coordinator. RECRUITMENT AUTHORITY The Cluster Business Coordinator in consultation with the Cluster Pastoral Life Coordinator locates qualified applicants through the most appropriate method, including advertising, professional associations, schools and colleges, employment agencies, job postings, and the employment application process. Applicants, including internal applicants, who make direct contact with any supervisor, should be referred to the Cluster Business Coordinator. The Cluster Business Coordinator will provide reasonable accommodations for candidates with disabilities applying for positions. TRANSFERS The Cluster Business Coordinator is responsible for managing the transfer process. All candidates for vacant positions must apply through the contact person identified in the job posting. Supervisors who are approached directly by employees seeking transfer should refer the employees to the Cluster Business Coordinator. To provide an opportunity for transfers, all regular position vacancies will generally be posted internally for a period of not less than five days. The Cluster Business Coordinator places all employment advertisements and makes all agency contacts to ensure uniformity and conformity to employment law. Recruitment budgets will be approved prior to commencement of advertising. 6
EXTERNAL EMPLOYMENT PROCESS All employment candidates must apply through the Cluster Business Coordinator. If any member of the Cluster staff is approached directly by a candidate, the candidate should be directed to the Cluster Business Coordinator. All candidates seeking employment must formally apply in writing for the position on a Diocesan Employment Application. All candidates will be pre-screened by the Cluster Business Coordinator in consultation with the Pastoral Life Coordinator. Qualified candidates will be referred to the hiring supervisor. All candidates selected for an interview must complete a Diocesan Employment Application. Expenses incurred by a candidate visiting the Employer for an employment interview, or the relocation expenses of new employees, are not reimbursed unless specific arrangements have been approved in advance by the hiring supervisor and the Cluster Business Coordinator. RE-EMPLOYMENT OF FORMER EMPLOYEES A former employee of the Cluster (or of another Diocesan Employer) may be considered for reemployment if the employee resigned in good standing or was involuntarily terminated due to a reduction in force or job elimination, and the employee s performance was not a factor in the decision to terminate. Any employee, who terminates employment from a regular position and is re-employed within the Diocese within thirty (30) days from the date of termination, may have service and date of hire status reinstated for benefit purposes as determined by the Diocesan Benefits Office. EMPLOYMENT OF RELATIVES The Diocese permits the employment of relatives of employees only when the relatives are not employed in positions in which: actual or perceived conflicts of interest would be created a direct reporting relationship would exist relatives would work in the same business location a relative would occupy a position that would have influence over the employee s employment or pay a relative would have access to the personnel records of the employee would not permit segregation of duties for purposes of internal control Relatives include the following: grandparent, parent, step-parent, aunt, uncle, sibling, step-sibling, in-law, spouse, child, niece, nephew, or step-child. 7
In situations as described above, an employee may be requested to transfer to another position, if available, or may be terminated if no other suitable position exists. All decisions will be based on what is in the best interest of the Employer. This policy is designed to avoid issues of favoritism, as well as potential conflicts, which may result from relatives working for each other. JOB DESCRIPTIONS Job Descriptions are used to outline the duties and responsibilities of each position. A reasonable effort will be made to update job descriptions as essential functions are added or changed. Each employee s supervisor is responsible for maintaining an up-to-date job description for the employee s position. Employees are encouraged to propose updates to their job description whenever appropriate. Each employee will be provided with a copy of the job description for the employee s position that will: identify the persons the job serves state the results to be achieved serve as a foundation for setting performance standards and goals provide a basis for establishing the internal and external value of the job and the related wage or salary. The Cluster Business Coordinator will be responsible for informing the employee about the relationship of the employee s position to other positions with regard to lines of authority, responsibility, channels of communication, and accountability. PERFORMANCE MANAGEMENT Performance management begins with a mutual understanding between the supervisor and employee about the standards the employee should meet and any specific goals the employee should achieve in the upcoming performance cycle. Typically, the performance cycle is annual, but in some cases, as determined by the supervisor, it may be longer or shorter. Employees should continually measure their own performance and take steps to improve. At the same time, supervisors should be observing and documenting performance and providing feedback frequently on successes as well as areas needing improvement. A performance evaluation focuses on job duties and expected standards of employee performance. The evaluation notes how well the employee has met the expected standards of performance and facilitates a dialogue between employee and supervisor. At the end of a performance cycle, when the employee leaves, or when the supervisor leaves, the supervisor will prepare a written evaluation. The evaluation shall be dated and signed by the 8
supervisor and by the employee. The employee s signature indicates only that the employee has read and had an opportunity to discuss the completed evaluation. If the employee refuses to sign, the supervisor makes a note to that effect on the evaluation form and provides a copy of the evaluation form to the Cluster Business Coordinator. The employee is encouraged to submit a self-appraisal to be attached to the performance evaluation and become a permanent part of the employee s record. A copy of the evaluation is given to the employee. The original is forwarded to the Cluster Business Coordinator for review and inclusion in the employee s personnel file. There is no direct link between the performance evaluation and pay level; however, the performance evaluation will be taken into account when a supervisor makes decisions about moving a person to the next step in the pay range. PERSONNEL FILES Personnel files are confidential. Employees may have access to their files. The personnel files should contain employment applications, offer letter, performance appraisals, and other related employee documents. A separate file is maintained for W-4 s, beneficiary designation forms, and other documents that may disclose personal and confidential information protected by law. Such information cannot be used as a basis for any activities in the employment process, including but not limited to: hiring, placement, transfer, promotion, demotion, training, compensation, benefits, or discipline. Personnel files are generally maintained by the Cluster Business Coordinator who is responsible for controlling all access to the files. All information contained in the files is the confidential property of the Employer. No information will be placed in a personnel file unless there is a clear business reason to do so. No supervisor may maintain a separate personnel file on any employee. An employee may review his or her personnel file in the presence of the Cluster Business Coordinator and may request a copy. Such reviews are to be requested in advance and done during regularly scheduled office hours. Under no circumstances may an employee remove or alter any documents in the file. The employee is responsible for informing the Cluster Business Coordinator of any changes to personal status that may alter payroll or benefit status. Such information includes, but is not limited to: last name, marital status, beneficiaries, home and mailing addresses, W-4 deductions, telephone number, number of dependents, and emergency contact. IMMIGRATION LAW REQUIREMENTS Clusters must verify the identification and employment eligibility of all employees hired after November 6, 1986. All persons employed in the Diocese of Portland must be screened through the Criminal History Systems of the State of Maine in compliance with state mandate. Immigration and Naturalization U.S. Citizenship and Immigration Services Form I-9, Employment Eligibility Verification and Internal Revenue Service Form W-4 must be completed 9
for each newly hired employee no later than the first day of employment. Copies of the I-9 for all employees should be kept in one binder or folder. Copies of all other forms should be attached to each employee s personnel record and kept on permanent file. BACKGROUND CHECK Diocesan policy requires that all persons employed in the Diocese of Portland will undergo Department of Human Services, Maine Criminal, National Criminal, National Sex Registry and Motor Vehicle background checks at or before the time an employee begins employment. These background checks include, but are not limited to background checks with the Maine Department of Health and Human Services, the Maine Department of Motor Vehicle, Maine State Bureau of Identification (SBI), a National Criminal, and a National Sex Registry background check. The Diocese retains the right to conduct background checks at any time during employment, and employees agree to assist the Diocese by executing any authorizations necessary to carry out such a check. Failure to do so may result in suspension and/or termination of employment. STANDARDS OF CONDUCT AND CHURCH TEACHINGS All employees must agree to comply with the teachings of the Roman Catholic Church. Since we are a Catholic institution, employee conduct and behavior should be consistent with the values and beliefs of the Catholic Church and the Diocesan Code of Ethics unless prohibited by applicable law. Failure to comply with Church teachings may result in adverse employment action, including termination of employment. 10
COMPENSATION 11
COMPENSATION Important Note for School Employees. Because all school employees are subject to personnel policies contained in a separate manual, the provisions of the Compensation section of this manual do not apply to school employees. The purpose of a wage and salary program is to ensure fair and equitable compensation for all employees. The Fair Labor Standards Act and Maine law require that employees be paid at least the prevailing minimum wage. In addition, non-exempt employees must be paid one-and-onehalf their regular rate of pay for hours worked in excess of 40 hours in a given work week. Employees are categorized as exempt or non-exempt according to the duties and responsibilities of their position. The exempt or non-exempt status of a position dictates certain policies with regard to compensation, eligibility for overtime payment, and hours of work. Generally, supervisors, Cluster Business Coordinators, and Cluster Pastoral Life Coordinators are exempt positions. The classification of a position is based on regulations set by the U.S. Department of Labor and will be determined by the Cluster Business Coordinator in consultation with the Diocesan Director of Human Resources. Under the Equal Pay Act, employees of either sex must receive equal pay for equal work on the jobs requiring equal skill, effort, and responsibility which are performed under similar working conditions. EMPLOYMENT STATUS CLASSIFICATION Full-Time A full-time regular employee is any employee who is regularly scheduled to work at least 37.5 hours per week. Regular Part-Time A part-time regular employee is any employee who is regularly scheduled to work at least 20 hours, but less than 37.5 hours, per week. Part-Time A part-time employee is regularly scheduled to work less than 20 hours per week. Part-time employees are not eligible for participation in the Diocesan benefits program. Temporary or Seasonal A temporary or seasonal employee is any employee who is scheduled to fill a temporary job assignment which has a pre-determined beginning and end date. Such employees may be paid an hourly rate or a negotiated amount. Temporary and seasonal employees are not eligible for participation in Diocesan benefit programs. 12
No person providing services to the Diocese shall be classified as an independent contractor unless approved by the Diocesan Human Resources Director and/or the Cluster Business Coordinator. OVERTIME, COMPENSATORY TIME, AND FLEXIBLE SCHEDULING (EXEMPT EMPLOYEES) Exempt employees are, by definition, exempt from overtime. They do not receive overtime pay or compensatory time It is understood that the nature of exempt employees jobs will sometimes call for more than a 40- hour week; for example, some evening or weekend work. OVERTIME (NON-EXEMPT EMPLOYEES) By law, non-exempt employees must be paid at the rate of one-and-one-half times their regular rate of pay for all hours worked over 40 in a work week. Only hours in the same week can be taken in lieu of working overtime, thus resulting in only 40 or fewer hours actually being worked. The Diocese will generally attempt to avoid conditions that may cause overtime, but the nature of individual jobs sometimes requires overtime work. Supervisors should attempt to schedule work to minimize the need for overtime by employees. Hours for which an employee receives pay but which are not actually worked (such as holiday, bereavement, jury duty, sick leave, or vacation) will not be considered as hours worked for purposes of calculating eligibility for overtime pay. An employee must actually work over 40 hours in the week in order to be paid at the rate of time-and-one-half. If a non-exempt employee is granted compensatory time off in lieu of working, the employee must use that compensatory time during the same work week. The supervisor is responsible for determining whether overtime will be worked or compensatory time given. PAYROLL PROCEDURES Deductions required by law will be withheld from pay, including federal and state income and federal employment taxes. Other deductions, including insurance premiums, must be authorized by the employee. 13
BENEFITS 14
BENEFITS Important Note for School Employees. Because all school employees are subject to personnel policies contained in a separate manual, the provisions of the Benefits section of this manual do not apply to school employees. Benefits provided to employees are an important part of their total compensation package. It is important that employees understand the benefits which they are eligible to receive. BENEFITS ELIGIBILITY The Diocese provides a comprehensive benefits program for all eligible employees. The information regarding benefit programs contained in this Manual is intended only as a summary. If there are any discrepancies between the details contained herein and the benefit plan documents, the plan documents must be followed. In order to receive benefits, an employee must complete the applicable enrollment form. A benefits enrollment packet will be provided by the Cluster Business Coordinator. Employees changing from full-time to part-time employment may no longer be eligible for benefits, depending on the hours they work. Employees are encouraged to determine any effect on their benefits before they reduce their hours. Additional information regarding the Diocesan benefit plans can be obtained from the Diocesan Employee Benefits Office. The Diocese reserves the right to amend or terminate any of these programs at any time at its discretion. Employees will be given reasonable notice regarding elimination of a benefit. VACATION Vacation provides periods of rest and relaxation that are important to employees health and well being, and ability to function at their full potential. Non-Exempt Employees Non-exempt employees earn and accrue vacation according to length of service. Vacation may be taken only after the first six months of employment. All full-time and regular part-time nonexempt employees shall earn paid vacation days on a prorated basis according to the following schedule: Years of Service From 6 months - up to 5 years More than 5 years up to10 years More than 10 years Maximum Paid Time Off 2 weeks 3 weeks 4 weeks 15
Exempt Employees Exempt employees earn 4 weeks vacation from the date of hire. Temporary and Seasonal Employees Temporary and seasonal employees do not earn paid vacation time. Any unpaid time off from work is at the discretion of the employee s supervisor. Scheduling / Record Keeping Vacation years run from January 1 to December 31. Employees must request approval of vacation time in advance. Approval of vacation requests will depend upon consideration of the Employer s needs, schedule, seniority, and employee convenience. Vacation approvals are at the discretion of the Employer. Vacation days are calculated beginning January 1 of each year except during the first year of employment. Beginning with the first year of employment, for good reason, up to one vacation week may be carried each over to the following year with the approval of the supervisor. For purposes of determining years of service relative to eligibility for additional weeks of vacation, vacation time earned by new employees is calculated as follows: For employees hired before July 1 of a given year, January 1 of the following year is considered the beginning second year of employment. For employees hired after July 1 of a given year, January 1 of the following year is considered their 1 st year of employment. Example: A full-time person hired April 1, 1997, is entitled to three weeks vacation beginning January 1, 2002. A full- time person hired October 1, 1997, becomes entitled to a third week of vacation on January 1, 2003. Vacation days for new employees are accrued on a prorated basis according to the schedule above. However, new employees can only use these vacation days after six months of employment. For those hired after July 1 of a given year, vacation days are carried into the new year, and on the six month anniversary date of hire, they are entitled to these days in addition to the two weeks they receive on January 1 during the first full calendar year of employment. Example One: A full-time person hired April 1 may take vacation beginning October 1. The person would be eligible for three-fourths of ten vacation days (or seven and one-half days) for the first employment year. This employee could take these seven and one half days during the period between October 1 and December 31 or carry up to five of these days into the following calendar year (second employment year). Example Two: The person hired October 1 may only take vacation time beginning April 1 of the following calendar year. The full-time person would be 16
eligible for one-fourth of ten days (or two and one-half days). These days are available to the employee on the six month anniversary of the date of hire along with the two weeks vacation time they are entitled to in their first year of employment. Thus, on April 1 twelve and one-half vacation days could be taken any time between April 1 and December 31. In extraordinary circumstances, an employee may take paid vacation time before that employee has accrued the entire amount of paid time. Whenever an employee is permitted to take vacation before it has accrued, the employee must sign an authorization permitting the employer to make such a deduction from the final pay. Should an employee take more vacation time than accrued, at termination the difference will be deducted from final pay. Requests must be approved by the supervisor and the Cluster Business Coordinator, in consultation with the Diocesan Director of Human Resources. Employees are encouraged to take vacation time in 1-2 week blocks. However, at the discretion of the supervisor, vacation time may be taken in a minimum of four (4) hour increments. Vacation time will not be paid when the employee is working. At termination of employment, employees will be compensated for any unused accrued vacation time. Record keeping of vacation time for exempt and non-exempt employees will be the responsibility of the supervisor and the Cluster Business Coordinator. HOLIDAYS All full-time and regular part-time employees are eligible for holiday pay. The following holidays are observed each year: New Year s Day Martin Luther King Day President s Day Veteran s Day Thanksgiving Day Friday after Thanksgiving Personal Day of one s choosing Independence Day Labor Day Columbus Day Patriots Day Memorial Day Christmas The actual scheduled holidays and when they will be observed are published in October for the following year by the Diocesan Director of Human Resources. If an employee is required to work on a holiday, the supervisor determines if the person is paid or is given another day off during the same week, in lieu of pay. 17
Regular part-time employees receive holiday pay, on a prorated basis, only if the holiday falls on one of their regularly scheduled work days. Only regular part-time employees receive holiday pay. Part-time, temporary and seasonal employees are not eligible for holiday pay. MEDICAL DAYS (SICK LEAVE) Medical days provide time off for employees in the event of illness of themselves, their spouse, child, or parent. Regular full-time employees and regular part-time employees are eligible to accumulate sick leave. Regular part-time employees shall be entitled to accumulate sick leave on a prorated basis. New employees are not eligible for sick time in their first three months of employment. Temporary and seasonal employees are not eligible for sick leave. Medical Days Accumulation For regular full-time employees, sick leave is accumulated at the rate of one working day for each month of service or a total of twelve working days in one year. Unused sick leave may be accumulated until a maximum of 30 days has been reached. Regular part-time employees shall receive prorated sick leave. Use of Medical Days The supervisor must be notified by the beginning of the scheduled work time if absence is due to illness. Employees may not take more than the number of days earned at the time of illness. If the illness necessitates more than the earned sick days, then time taken off shall be considered vacation until accrued vacation days are exhausted. Then time off taken shall be considered leave without pay. Unused sick leave is not additional vacation time or time for which the employee is entitled to payment at termination of employment. Employees should make every effort to schedule routine medical or dental appointments during non-working hours. If this is impossible, then the time shall be made up within the same week, or sick time may be used. Uses of accrued sick leave to care for a family member who is ill will be governed, to the extent applicable by State and Federal Law, by the Diocese s FMLA policies and the Maine Family Sick Leave Act policy. 18
FAMILY AND MEDICAL LEAVE OF ABSENCE (FMLA) The Roman Catholic Diocese of Portland believes in supporting employees who need time off from work because of family and medical issues, and therefore the Diocese has adopted this Family Medical Leave Policy which is consistent with Federal Family and Medical Leave Act ( FMLA ) and the Maine Family Medical Leave Act ( MFMLA ). Requesting a Leave of Absence If you anticipate being out of work for more than 3 days in a row, or if you envision being in and out of work for several days because of the same condition, let your supervisor or the Cluster Business Coordinator know as soon as possible, and properly complete a request form for a leave of absence. If, due to the confidential nature of the requested leave, you do not feel comfortable approaching your supervisor, you may initiate your request directly through the Cluster Business Coordinator. Eligible Employee. Eligible employees under the Federal FMLA are those who (i) have worked for the Diocese for at least twelve (12) months, (ii) who have worked at least 1,250 hours during the prior 12 month period, looking back from the date the employee s leave is scheduled to begin, and (iii) are employed at a Diocesan worksite where 50 or more employees are employed by the Diocese within 75 miles of that worksite. Reasons for Leave. Eligible employees may take up to twelve (12) weeks of unpaid leave within a rolling twelve (12) month period for the following reasons: (1) Birth and/or care of a child of the employee; (2) Placement of a child into the employee's family by adoption or by a foster care arrangement. (3) Care of the employee's spouse, child or parent who has a serious health condition; or (4) Inability of the employee to perform the functions of the employee's position due to a serious health condition. The Diocese also provides military leave, as described in the Diocese s FMLA Military Qualified Exigency Leave and Military Caregiver Leave policies, which may, under certain circumstances overlap with family medical leave. Employees Not Eligible For FMLA. Employees who are not eligible for Federal Family Medical Leave may still be granted an unpaid leave of absence under the Maine Family Medical Leave Law to the extent applicable. The MFMLA provides that if an employee has worked for the Diocese for 12 consecutive months, then the employee is eligible to take up to 10 weeks of family and medical leave in any two-year period. 19
If an employee qualifies for both an FMLA leave and an MFMLA leave, those leaves run concurrently. Employees who are not eligible for FMLA or MFMLA leave may also apply for an unpaid leave of absence, which the Diocese may or may not grant at its discretion, taking into account the circumstances at the time, such as the expected duration of the leave, the employee s position and expected work demands. Unless otherwise required by law, under no circumstances will leave be granted for more than 12 weeks. Example of Rolling 12-month Period for Leave. Except in cases where leave is sought under the Military Caregiver provision as described in the Diocese s FMLA Military Caregiver policy, any FMLA leave taken by an employee during the preceding twelve (12) month period will be used to determine the amount of available leave pursuant to the Family and Medical Leave Act. For example, if an employee used four weeks of leave beginning February 1, 2009, four weeks of leave beginning June 1, 2009, and four weeks of leave beginning December 1, 2009, the employee would not be entitled to any additional leave until February 1, 2010. On February 1, 2010, the employee would be entitled to four weeks of leave and on June 1, 2010, the employee would be entitled to an additional four weeks, and so on. Leave for Pregnancy or Birth or Placement/Adoption of Child. The right to family leave for the birth and/or placement of a child into an employee's family may only be taken within the twelve (12) months after the date of the birth or placement of the child. In the case of leave for the birth or placement of a child, intermittent leave or working a reduced number of hours is not permitted, unless both the employee and the Diocese agree after consultation with the Diocesan Human Resources Director. Leave for Serious Health Condition. For the purposes of this policy, a serious health condition means an illness, injury, impairment or physical or mental condition that involves: any period of incapacity or treatment in connection with or consequent to in-patient care in a hospital, hospice or residential medical care facility; any period of incapacity requiring absence from work or other regular daily activities for more than three (3) consecutive calendar days that also involves either two visits to a health care provider within thirty (30) days of the start of the period of incapacity or at least one visit to a health care provider within seven (7) days of the start of the period of incapacity that results in a regimen of continued treatment; continuous treatment by or under the supervision of a healthcare provider for a chronic long-term health condition that is incurable or so serious that if not treated would result in a period of incapacity of more than three (3) calendar days. Such continuous treatment must require at least two (2) visits to a health care provider per year; or 20
prenatal care. Medical Certification. Any leave request based on a family member's or employee's own serious health condition must be supported by certification from a health care provider. The employee must provide a copy of the certification to the Cluster Business Coordinator within fifteen (15) calendar days unless other arrangements have been made. Please see the Cluster Business Coordinator or the Diocesan Director of Human Resources for the form containing all necessary information that will be required from your healthcare provider. Intermittent or Reduced Schedule Leave. In the case of leave for serious health conditions, the leave may be taken intermittently or on a reduced hours basis only if such leave is medically necessary. When an employee requests intermittent leave or leave on a reduced hours basis due to a family member's or the employee's own serious health condition, the Diocese has the option, in its sole discretion, to require the employee to transfer to a temporary alternative job for which the employee is qualified and which better accommodates the intermittent leave or reduced hours leave than the employee's regular job. The temporary position will have pay and benefits equivalent to the employee's regular job. Notice Required for FMLA Leave. When the necessity of leave is foreseeable either for planned medical treatment or due to the expected birth or placement of a child, the employee must provide the Diocese with at least thirty (30) days notice of the employee's intention to take the leave. Whenever possible and subject to the approval of the healthcare provider, the Diocese requires the employee to make a reasonable effort to schedule the treatment so as not to unduly disrupt the operations of the Diocese. If the date of the birth or placement of a child requires the employee's leave to begin in less than thirty (30) days from the date of notice to the Diocese, the employee must provide such notice as soon as practical. When the need for leave is unforeseeable, the employee must provide notice as soon as practical. No leave may be granted prior to consultation with the Diocesan Human Resources Director, although the Diocese reserves the right, pursuant to applicable laws, to retroactively designate the beginning date of any leave. Benefits Continuation and Job Protection. During family leaves of absence, the Diocese will continue to pay its portion of health insurance premiums, and the employee must continue to pay his or her share of the premium. The employee may arrange for payment of his or her share of the health insurance premium with the Parish Business Administrator. Failure of the employee to pay his or her share of the health insurance premium may result in a loss of coverage. If the employee does not return to work after the expiration of the leave for at least 30 days, the employee will be required to reimburse the Diocese for payment of health insurance premiums during the family leave, unless the employee does not return because of the presence of a serious health condition which prevents 21
the employee from performing his or her job or other circumstances beyond the control of the employee. During leave, the employee will not accrue employment benefits such as vacation, personal/sick leave, and so on. Employment benefits accrued by the employee up to the day on which the family leave of absence begins will not be lost. Employees who return to work from family leave of absence within or on the business day following the expiration of the twelve (12) weeks are entitled to return to their job or an equivalent position without loss of benefits or pay, unless (a) their employment with the Diocese would have been terminated if no leave had been taken; (b) they have given notice of their intent to terminate their employment; or (c) they cannot, with or without reasonable accommodations, safely perform the essential functions of the job to which they may be restored. Certain key employees may not enjoy these reinstatement rights. General FMLA Information. Family and medical leave is an unpaid leave of absence. Available personal/sick leave must be used when leave is taken because of a serious health condition of the employee or the employee s spouse, child or parent, if the employee is not receiving workers compensation benefits or disability insurance benefits. An employee may also use accrued vacation time during the leave period to the extent the employee is not receiving payment from another source. That portion of the leave of absence for which the employee uses vacation time and/or sick days will be with pay according to the Diocese s policies regarding use of vacation time and sick days. An employee will be notified in writing that the leave has been designated as family medical leave and whether vacation time and sick days will be countered towards the 12 weeks of FMLA leave. An employee who loses time from work due to a work-related illness or injury may be eligible for workers compensation benefits. If such illness or injury is a serious health condition as defined above, the absence will be treated as family medical leave under this policy. The Diocese may require an employee on FMLA leave to report periodically on his or her status and intention to return to work. The employee also may be required to provide periodic recertification of the medical condition. An employee taking leave due to the employee's serious health condition is required to obtain certification that the employee is able to resume work prior to the return from any FMLA leave. The policy is intended to comply with the Federal Family and Medical Leave Act and therefore notices and forms will be used as required by the Act. Information concerning the Federal Family Medical Leave Act, as well as other leave, is available through the Cluster Business Coordinator or the Diocesan Director of Human Resources, as are all necessary forms. 22
MAINE FAMILY MEDICAL LEAVE Maine also has a law addressing leaves of absence for medical and family reasons. In many respects, Maine s law is similar to the federal law, but the amount of unpaid leave allowed is only ten (10) weeks. There are also a few other distinctions between the Maine law and the federal law. Any leave time for which the employee may be eligible under Maine law runs concurrently with any FMLA leave for which the employee may be eligible. Employees should contact the Diocesan Director of Human Resources if they require any additional information regarding these leaves. MAINE FAMILY CARE ACT Under Maine s Family Sick Leave Act, employees are entitled to use earned and accrued paid leave in order to care for the employee s child, spouse or parent who is ill. Employees must inform their supervisor whether their use of paid time off relates to themselves or to an immediate family member. The amount of leave must be designated as such by the employee and will be limited to 40 hours for each annual 12-month period, beginning each January of each calendar year. As in the case of an employee s personal illness, the Diocese may require verification of the family member s illness. FMLA - Military Qualified Exigency Leave Eligible employees, as defined under the Roman Catholic Diocese s FMLA Policy, are entitled to 12 weeks of unpaid, job-protected leave while the employee s spouse, child, or parent is on federal service active duty or called to federal active duty status. Reasons for Leave. This leave may be used for one or more of the following qualifying exigencies : Short-notice deployment: o Seven (7) days of leave are available, beginning on the date a covered military member is notified, to address any issue that arises from the military member s impending call or order to active duty. Military events and related activities: o To attend any official ceremony, program or event sponsored by the military that is related to the active duty and to attend family support or assistance programs. Childcare and school activities: o To arrange for alternative childcare or schooling when the active duty or call to active duty status necessitates a change in the existing childcare or educational arrangements; to provide childcare on an urgent immediate-need basis; or to attend meetings with staff at a school or daycare facility. 23
Financial and legal arrangements: o To make or update financial or legal arrangements to address the covered service member s absence, such as preparing a power of attorney or a will or representing the service member before a federal, state or local agency regarding that service member s military service benefits. Counseling: o To attend counseling, provided by someone other than the employee s health care provider, for the covered military member or the military member s child. Rest and recuperation: o Up to five (5) days of leave are available for each instance of rest and recuperation needed to spend time with a covered military member who is on short-term temporary rest and recuperation leave during the deployment period. Post-deployment activities: o To attend arrival ceremonies or to address issues that arise from the death of a covered military member while on active duty status. Additional activities not encompassed in other categories but agreed to by the employer and employee: o To address other events which arise out of the military member s active duty status, provided that the employer and employee agree that the leave will qualify as an exigency, and agree to both the timing and duration of the leave. Certification for Leave Taken for Qualifying Exigencies. The first time an employee requests leave because of a military qualifying exigency, the Diocese may require the employee to provide a copy of the covered military member s active duty orders or other documentation issued by the military that includes the dates of the covered military member s active duty service. If the need for leave arises out of a different active duty or call to active duty, the employee must provide the Diocese with a copy of the new active duty orders or other military documentation. Any request for qualifying exigency leave shall also include a statement, signed by the employee, that includes: the appropriate facts regarding the exigency for which FMLA leave is requested; the approximate date on which the qualifying exigency began or will begin; the expected dates of leave or the need for intermittent or reduced schedule leave; and the names and contact information for any third party or entity with whom the employee is meeting. As with all Family Medical Leave, appropriate forms must be submitted to the Cluster Business Coordinator or the Diocesan Director of Human Resources. All necessary forms are available from the Cluster Business Coordinator or from the Diocesan Direcotr of Human Resources. 24
FMLA - Military Caregiver Leave Military Care Giver Leave. Eligible employees, as defined under the Roman Catholic Diocese s FMLA Policy, who are immediate family members (spouse, child, parent, or next of kin) of a covered service member are entitled to take up to twenty-six (26) weeks of leave in a single 12-month period, beginning on the first day that a military care giver begins leave, to care for a covered service member with a serious illness or injury incurred in the line of duty on active duty. Next of kin means the nearest blood relative other than the covered service member s spouse, parent or child. Reasons for Leave Covered service members include current members of the Armed Forces, including the National Guard or Reserves, or a member of the above who is on the temporary disability retired list who has a serious injury or illness incurred in the line of duty on active duty for which they are undergoing medical treatment, recuperation, or therapy; or otherwise in outpatient status; or otherwise on the temporary disability retired list. A serious injury or illness means an injury or illness incurred by a covered service member in the line of active duty that may render the service member medically unfit to perform his/her military duties. Employees are not entitled for leave for former members of the Armed Forces/National Guard/Reserves, or former members on the permanent disability retired list. Length of Leave. While the employee is entitled to twenty-six (26) weeks of leave to care for a covered service member, the employee is entitled to use no more than twelve (12) weeks of leave for any other FMLA qualifying reason. Thus, for example, if an eligible employee may, during the single 12- month period of leave for Military Caregiver Leave, take sixteen (16) weeks of leave to care for a covered service member, the employee will have available only ten (10) weeks to care for a newborn child. Certification of Leave Taken to Care for a Covered Service Member. The Diocese may require an employee to provide a certification of the covered service member s serious illness or injury that includes the contact information of the health care provider, whether the covered service member s illness or injury was incurred during the line of active duty, the approximate date of the injury or illness and its probable duration, and a description of facts sufficient to support the employee s need for leave. As with all Family Medical Leave, appropriate forms must be submitted to the Cluster Business Coordinator or the Diocesan Director of Human Resources. All necessary forms are available from the Cluster Business Coordinator or the Diocesan Director of Human Resources. 25