Employee Handbook · 2020. 7. 26. · Non-exempt Employee – employees whose work is covered by the Fair Labor Standards Act (FLSA). They are not exempt from the law’s requirements

Employment Practices Employee Handbook

Employment Practices Revised: 9.3.19

Diocese of Fort Worth

Employment ClassificationsRecruiting and HiringEmployment ApplicationsJob Posting PolicyNepotism, Employment of Relatives and Personal RelationshipsHiring of Temporary EmployeesEmployment Age Requirement and DiscriminationRe-EmploymentIntroductory Period and OrientationSeparation of EmploymentOpen Door Policy Regarding Constructive DischargeTransition Assistance

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Sections Pages

Table of Contents

Employment Practices Revised: 9.3.19

Diocese of Fort Worth

Employment ClassificationsDepending on the job, employees are either NON-EXEMPT or EXEMPT from federal and state wage and hour laws. If an employee is NON-EXEMPT, they are entitled to overtime pay under the specific provisions of federal and state laws.

Not all positions within the Diocese can be filled with volunteers. If a position routinely is filled with a compensable employee it cannot be filled with a volunteer in most cases.

Fair Labor Standards Act (FLSA) Job Classifications: FLSA contains regulations regarding the minimum wage, eligibility for overtime payment, and recordkeeping requirements. Positions are classified as exempt or non–exempt from the minimum wage, overtime, and recordkeeping provisions of FLSA based on factors such as the duties and responsibilities of the job. Exempt and non-exempt classifications are defined as:

Exempt Employee – generally executives, administrative, ministerial or professional employees who are exempt from the minimum wage and overtime provisions of the FLSA. Exempt employees hold jobs that meet the standard and criteria established under the FLSA by the U.S. Department of Labor.

• The exempt status of a position is determined by analyzing the job’s entire set of responsibilities

• against exemption tests set by the Department of Labor’s Wage and Hour Division.• Exempt employees do not receive time and a half overtime payment for hours

worked over 40• in the workweek. • The standard workweek for payroll purposes begins at 12:01 a.m. on Saturday• and continues to 12:00 midnight on the following Friday.• Exempt employees must understand that the nature of the job will sometimes call• for more than a 40-hour workweek, although the norm should be a 40-hour

workweek.

Employment Practices

Page 3Diocese of Fort Worth

Non-exempt Employee – employees whose work is covered by the Fair Labor Standards Act (FLSA). They are not exempt from the law’s requirements concerning minimum wage and overtime.

• Non-exempt employees are paid at the rate of time and a half for time actually worked in excess of 40 hours during the workweek. Hours cannot be averaged over the payroll period.

• The standard workweek for payroll purposes begins at 12:01 a.m. on Saturday and continues to

• 12:00 midnight on the following Friday.• Non-exempt employees are expected to work overtime only as a• result of an actual necessity to complete work and only with prior authorization from

the supervisor.• The Diocese’s general policy is to avoid conditions which may cause overtime;

however, the nature of individual jobs sometimes requires overtime work. • To receive time and one-half pay, the employee must actually work more than 40

hours in a work week. The Diocese is a single non-profit organization. If employees are employed by more than one Diocesan entity, their status is based on all combinations of concurrent employment that they may have. The entity where the employee is first hired is usually considered their “primary location;” the second hiring location is considered a “secondary location.” The combination of jobs should never exceed more than full-time work (40 hours per week) in the Diocese. Prior to an employee being hired at more than one entity, the Administrators of those entities should consult with the Diocesan Office of Human Resources.

Employment Classifications (Cont.)



Job Classifications:

Employment status falls under a specific category for payroll, benefit eligibility and scheduling purposes.

Parish/Mission/Catholic Center Parish School/Diocesan School

Full-Time Regular Contracted

Part-Time Regular 12-Month Full-Time

Occasional 10-Month Full-Time

Temporary School Part-Time

School Occasional

Categories for those working in a parish/mission or at the Catholic Center:

Parish/Mission/Catholic Center Scheduled Hours Term of PositionEligible for Benefits?

Full-Time Regular 30+ hrs./week Ongoing Yes

Part-Time Regular20+ hrs.; less than 30 hrs./week

1000 hrs./yr. + Limited

OccasionalLess than 1000 hrs./yr.

As needed basis No

Temporary Pre-determined Max. 120 days No




Categories for those working in a parish or diocesan school:

Parish School/Diocesan School

Scheduled Hours Term of PositionEligible for Benefits?

Contracted 30+ hrs./week As stated in Contract Contract basis

12-Month Full-Time 30+ hrs./week ongoing Yes

10-Month Full-Time 30+ hrs./weekongoing; generally 195 calendar days

Yes

School Part-Time20+ hrs.; less than 30 hrs./week

1000 hrs./yr. + Limited

School Occasional Less than 1000 hrs./yr. As needed basis No

Categories for those working in a parish/mission or at the Catholic Center:

• Full-Time Regular – Employees who are scheduled for thirty (30) hours per work week or more, with the position expected to continue in an ongoing basis. Regular full-time employees are eligible for benefits as specified in the benefits section of this handbook.

• Part-Time Regular – Employees who work less than thirty (30) hours but more than twenty (20) hours per week, with the position expected to continue in an ongoing basis. Regular part-time employees work throughout the year and work more than 1,000 hours in a calendar year. They are eligible for limited employment benefits, as specified in the benefits section of this Handbook.

• Occasional – Employees who are scheduled on an as-needed basis, and cannot reach 1,000 hours worked in a calendar year. Occasional employees are generally scheduled for less than 20 hours per week, and may not be scheduled every week throughout the year. Occasional employees are only paid for hours worked and do not participate in any Diocesan benefit programs.

• Temporary – Persons who are employed by the Diocese for a specified, predetermined length of time or specific project. They may be employed directly by the Diocese or through a temporary help agency to which compensation is paid by the agency. They may be used to fill temporary positions, such as replacing an employee on a leave of absence or completing a project. Temporary employees should only be hired as temporary for a maximum of 120 days, and if their




Employment Classifications (Cont.)assignment exceeds 120 days consideration should be made to post the job to hire for the position based on hours worked as occasional, part-time, or full-time. Temporary employees do not participate in any Diocesan benefit programs and are only paid for hours worked.

Categories for those working in a diocesan school environment:

Contracted Employees – Employees who work in a parish or diocesan school and are scheduled for thirty (30) hours per week or more and are on contract. They are contracted for a specified number of days and are eligible for benefits as specified in their contract.

12-Month Full-Time Employees – Support staff who work in a parish or diocesan school and are scheduled for thirty (30) hours per work week or more, with the position expected to continue on an ongoing basis. Regular full-time employees work throughout the calendar year and are eligible for benefits as specified in the benefits section.

10-Month Full-Time Employees – Support staff who work in a parish or diocesan school and are scheduled for thirty (30) hours per work week or more, with the position expected to continue on an ongoing basis. Regular full-time employees work during the school calendar year (generally 195 days) and are eligible for benefits as specified in the benefits section.

School Part-Time Employees – Support staff who work less than thirty (30) hours but more than twenty (20) hours per week, work during the school calendar year (generally 195 days), and work more than 1,000 hours in the calendar year. They are eligible for limited employment benefits, as specified in the benefits section.

School Occasional Employees – Support staff who work less than 1,000 hours in the calendar year. Occasional employees are only paid for hours worked and do not participate in any Diocesan benefit programs.

Employees are expected to work all hours as scheduled and assigned. An occasional change in scheduled hours does not change the employment classification or status of an individual.

All employees in any of the above categories (Parish, Mission, Center, Schools) must



be issued a W-2 form annually. Employees who fall into any of the above categories are not to be considered independent contractors and will not receive 1099 forms.


Recruiting and HiringAn organization can make decisions on who to hire for selected positions.

Recruiting:

• There are certain positions in the Diocese for which it is necessary to be a Catholic in good standing and some positions for which preference in hiring shall be given to people who are Catholic and who evidence an understanding of the Catholic faith and a commitment to living that faith. Such preference is allowed under state and federal law, and does not constitute an illegal act of discrimination.

• Each regular position is filled through an internal and/or external open hiring process.

• An open hiring process is one that advertises the position and makes it available publicly so that qualified individuals from diverse backgrounds have a reasonable opportunity to learn about the position and to apply for it.

• Job Posting Policy, except in extraordinary circumstances, as authorized by the Administrator in conjunction with the Director of Human Resources, affords current employees the opportunity to apply.

During recruitment and hiring, and throughout an individual’s employment, no statement is to be made promising consideration for employment or permanent or guaranteed employment, and no document should be called a contract unless, in fact, a contract is to be used and has the written approval of the Diocese General Counsel and/or the Director of Human Resources.

Hiring:

After interviewing the recruited candidates and the final candidate(s) has been identified there are several steps that must be taken before the selected candidate can start employment. Prior to their scheduled start date, each pending new hire must have the following items completed:



Recruiting and Hiring (Cont.)• A criminal background check must be run and be cleared by the Safe Environment

staff. • When applicable, a credit check and/or driving record background check must

also be completed. • New hires/rehires must have current Safe Environment training prior to the start

date with the Diocese.• Employment reference verifications are to be obtained prior to the extension of an

offer of employment.• For the schools, every applicant who has worked or who is currently working in

a diocesan location (church, school, approved ministry, etc.) must be verified through the Catholic School Office before an offer is made to the applicant.

• At least two or three of the individual’s most recent employers should be contacted to obtain reference information and verification of employment dates and titles.

• An approved offer is given to the pending new hire. • The I-9 Form must be accurately completed within the first three days of hire.

• The Catholic Diocese of Fort Worth participates in and complies with the government sponsored E-Verify program to confirm employees eligibility to work in the United States.

Employment ApplicationsIt is expected that applicants and their references will give accurate and true information during the hiring process and employment. If any information is found that is misleading, false, or was left out on purpose, an applicant may be rejected from further consideration. If the person has already been hired, this could result in termination of employment.



Job Posting Policy

Nepotism, Employment of Relatives, and Personal RelationshipsThis policy is designed to avoid issues of favoritism as well as potential conflicts, which may result from relatives working for each other. Relatives may be hired with the approval of the Manager/Supervisor in consultation with the Diocesan Director of Human Resources as long as none of the following conditions exist:

• Actual or perceived conflicts of interest would be created;• A direct reporting relationship would exist;• Relatives would work in the same department;• One employee would occupy a position that would have influence over the other’s

employment and/or salary administration;• One employee would have access to the personnel records of the other; or• A potential for collusion might exist.

On occasions when the relationship occurs after the fact of employment, or if the situation creates an actual or perceived conflict of interest, the Manager/Supervisor will determine the disposition of the affected employees.

Available jobs will be posted on the approved site(s);

□ Parish website □ Diocesan website □ Social Media site’s

• The posting will contain the required qualifications and experience as well as instructions on how to apply.

• Vacancies in all regular positions will be posted for a minimum of three (3) business days unless it is determined to be in the best interest of the Parish and/or the Diocese to waive the posting period.

• Job posting process will be used as often as practicable as a means of filling vacant positions. The hiring manager/supervisor and Diocese Office of Human Resources may elect not to post certain positions when there is a lawful, nondiscriminatory basis for doing so.



Nepotism, Employment of Relatives, and Personal Relationships (Cont.)

Hiring of Temporary EmployeesA temporary employee fulfilling the duties of a regular position, or fulfilling the duties of a temporary position that becomes a regular position, may be selected as a converting candidate for the regular position without any hiring process provided that the temporary employee was initially selected for his or her position through an open hiring process. The full application screening & pre-hire training must also be completed.

Employment Age Requirement and Discrimination The minimum age for an employee to be hired by the diocese is 18 years of age.

• The Age Discrimination in Employment Act prohibits employers from discriminating against any individual by refusing to hire, discharging, or otherwise discriminating with respect to compensation, terms, conditions, or privileges of employment because of the individual’s age.

• The act protects employees who are at least 40 years of age. There is no upper limit to the protected of the group.

• Questions regarding an individual’s age are generally considered discriminatory; therefore, an applicant may only be asked if they are over the required minimum age of 18.

• Employers are prohibited from asking an applicant for employment his/her age or date of birth.

• Employees under the age of 21 are not allowed to transport minors under the age of 18 in their vehicles during the course of Church business or to and from Church-sponsored meetings and/or events.

For hiring purposes, a family member is defined as son, daughter, parent, sibling, spouse, in-law, grandparent, grandson, granddaughter, aunt, uncle, or “step” relative (for example, stepmother or stepfather) or individuals residing in the same household, whether related or not, other than members of religious institutes.



Re-Employment

When a person is being considered for re-hire, the Manager/Supervisor must consult with the Diocesan Office of Human Resources and the entity where the former employee previously worked, prior to extending an offer of temporary or regular employment to an individual who was formerly employed by the Diocese.

• Former employees may be considered for re-hire.• Employees who leave in good standing may be considered for open positions.• Employees who leave without giving proper notice or who were discharged for

cause will not be eligible for re-hire.• Employees who left employment prior to successfully completing a work related

warning or probation period will be reviewed. • The Diocese will review the former employee’s performance records and the

circumstances surrounding termination of previous employment with the Diocese.• If an employee is re-hired into a full- or part-time position within one year from the

date of separation and has at least one year of prior continuous service; they will be given credit for prior service, unless state and/or federal law requires otherwise.

• If these criteria are met, the employee will be reinstated at the seniority level at which they left for benefits accrual purposes.

• If more than 12 months have passed from when the employee separated to when they are re-hired; then the employee will establish a new service date in all respects, with the exception of the Lay Employee Pension Plan, which recognizes a break to be of 5 years or more.

• Under no circumstances should the normal employment procedure be eliminated or circumvented in the re-employment of a former employee.

• Any employment and/or education occurring since an individual’s previous employment with the Diocese should be verified.



Introductory Period and OrientationThe first 90 days of employment are considered to be the introductory period, unless stated differently in the employee’s offer letter or contract. During this time they will be evaluated by the supervisor on job performance, personal traits and general fitness for the job.

• Employment may be terminated at any time during this period without advance notice to the employee.

• Either the employee or the Diocese may enact termination without remuneration other than compensation earned at any time during the introductory period.

• Introductory employees may be eligible for participation in standard Diocesan benefit programs subject to the provisions of the respective programs.

• The Manager/Supervisor may conduct a performance evaluation at any time during the initial employment period and should conduct written performance evaluations within a reasonable period of time following the completion of ninety (90) days of employment following hire, transfer, promotion, or demotion. A 90 day Performance Appraisal form for either exempt or non-exempt employees must be used for this purpose.

• Successful completion of this introductory employment and evaluation period will not guarantee the employee continued or regular employment.

• An employee may still be terminated for any reason at any time, even after completing the introductory period.

• The employee will have access to the online copy of the Employee Handbook to assist in becoming acquainted with the Diocese and to answer questions concerning Diocesan policies.

• Employees are to read the handbook carefully and sign and return the Employee Handbook Acknowledgement form.

• All new employees must attend and participate in the Diocese onboarding program. • The Manager /Supervisor will provide orientation and training for specific jobs in the

new employee’s work location. • The employee will be asked to read and sign the Code of Conduct for the Diocese

of Fort Worth. Refusal to agree to and sign the Code of Conduct will be grounds for immediate termination.



Separation of Employment

Separation from employment with the Parish/Diocese can happen for different reasons. The reason for separation will determine how final pay will be calculated. The details regarding separation are outlined below.

Employees are expected to turn in all company property at the time of termination.

Voluntary Resignation:

• Employees who choose to leave the Parish/Diocese are asked to give at least two weeks notice.

• The effective date and reason for resignation should be stated. • Accrued time off should not be taken as a part of the notice period. • Employees who provide appropriate notice upon resignation and who work out

the notice period will be paid for 2 weeks accrued and unused vacation time (not to ever exceed 2 weeks).

• Accrued sick time is not a payable benefit. • Employees who leave during their introductory period will not be paid vacation time.

• Failure to provide notice and to be available to work through the appropriate notice of resignation may result in ineligibility for re-employment and forfeiture of payment of available vacation.

• A resignation is irrevocable, unless approval to rescind it is provided by the Manager/Supervisor with approval from the Diocesan Office of Human Resources.

Introductory Period and Orientation (Cont.)• The employee must complete the required new hire paperwork and onboarding,

including an Employment Eligibility Verification Form (Form I-9) within 3 business days of the start date, W-4 Form, benefit enrollment, and other related information within the time frames established by the Parish/School Manager/Supervisor.



Separation of Employment (Cont.)• The Diocese may permit continued employment during the notice period or

accept the resignation immediately and pay for the balance of the notice period and 2 weeks unused, accrued vacation (not to ever exceed 2 weeks).

Retirement:

• At least four to eight weeks retirement notice to the Manager/Supervisor is generally expected to help plan for the replacement of the position.

• Employees who provide appropriate notice and who work out the notice period will be paid for accrued and unused vacation, (not to ever exceed 2 weeks).

• Earned Sick time is not a payable benefit. Job Abandonment:

It is the policy of the Diocese to consider that an employee who abandons his/her job has voluntarily resigned.

• If an employee is absent from work without proper notification to their supervisor, it will be considered that they have voluntarily resigned after the third consecutive day of absence.

• The effective date of termination will be the last day in which the employee was actively at work.

• If an employee abandons their job, they will not be paid for unused, accrued vacation time, and will only be paid for actual hours worked.

Reorganization/Reduction-In-Force:

Reorganization or Reduction-In-Force (RIF) within the Diocese may require the release or transfer of some employees.

• Employees who accept a transfer to another position will be paid according to the compensation designated for the position to which they are moved.

• Accrued vacation time will be paid to the employee who is separated due to reorganization or reduction-in-force (not to ever exceed 2 weeks).

• Earned sick time is not a payable benefit.• If a reduction in hours results in a change of benefits eligibility the Manager/

Supervisor must properly notify the Diocesan Office of Human Resources in advance.



Separation of Employment (Cont.)• If the change results in the employee working less than thirty (30) hours but more

than twenty (20) hours per week, and the employee’s vacation leave balance exceeds the maximum amount allowed for the new status, the employee may retain the excess hours until the end of the fiscal year (July 1st– June30th).

• When the Manager/Supervisor, after consulting with and following the advice of the Diocesan Office of Human Resources, authorizes a layoff or a reduction in hours resulting in a loss of benefits or reduction in hours equal to or more than 25%, the criteria for determining who will be laid off or have hours reduced, in order of importance, are:• Need for the position: whether the position is central and/or crucial to the mission

of the entity.• Performance and Versatility: if more than one employee performs substantially

similar jobs, the employee with the superior performance and who performs a higher variety of job functions is given preference. This is determined by an assessment of each employee’s performance including, but not limited to, written performance evaluations and experience in the variety of job functions.

• Seniority: if the need for the position and the performance job histories are substantively equal, then preference is given for length of service.

• Employees who have been notified that their position will be eliminated due to reorganization or reduction-in-force may be given time off during their remaining work days for job search, at the discretion of the supervisor.

• The Manager/Supervisor, in consultation with the Diocesan Office of Human Resources, may opt to pay the employee for all or a portion of the period of advance notice in lieu of the employee continuing to work.

Termination:

Separation of Employment may become necessary due to the employee’s lack of ability or failure to fulfill the requirements of the job. Separations are always unpleasant and costly, and the Diocese does not take the decision lightly. The decision will be made by the Manager/Supervisor or the Chancellor and Moderator of the Curia after consulting with and following the advice of the Diocesan Director of Human Resources and the General Counsel. Advance notice may or may not be given depending on the circumstances surrounding the termination.



Separation of Employment (Cont.)An employee who is discharged for reasons of performance or misconduct may not receive written notice of the termination. However, a copy will be retained in his/her personnel file.

Performance-based and/or Misconduct-based Termination “For Cause”:

• A performance-based release is a separation initiated by the location in consultation with the Diocese Director of Human Resources and the General Counsel for unacceptable job performance.

• A termination for misconduct is a termination initiated by the Manager/Supervisor or HR Representative in consultation with the Diocese for unacceptable conduct and behavior.

• No payment for accrued but unused time off will be made.Termination Procedures:

Upon voluntary termination of employment, an exit interview survey should be sent to the employee by the site Administrator prior to their final day of employment to provide an opportunity to give their feedback for their departure and any issues regarding policies, procedures or working conditions.

• If an exit survey is not sent, the employee may initiate an interview by contacting their HR Representative.

• On or before the employee’s last day of work, or at any other time when the Manager/Supervisor or the Diocese so requests, the employee must return any and all memoranda, notes, records, manuals and other documents, including all copies of such documents, in any way relating to the business or affairs of the Diocese. • Likewise, any keys, credit cards, equipment, cell phones, laptops or other items

issued must be returned. The Parish/Diocese may seek restitution for unreturned items of value.

• Resigning employees will receive their final pay on the next regularly scheduled payday.

• Employees who are involuntarily terminated by the Parish or Diocese will be paid within six calendar days from the date of termination in accordance with applicable



Open Door Policy Regarding Constructive Discharge All employees are encouraged to communicate with their Manager/Supervisor or the Diocese whenever they believe working conditions are intolerable and may cause them to resign.

In order to preserve the right to bring a constructive discharge claim, an employee who alleges that the working conditions are so intolerable that they are forcing the employee to resign must:

• submit written notice specifically detailing the intolerable conditions to their Manager/Supervisor or to the diocesan Human Resources Department;

• allow fifteen (15) calendar days after providing the written notice for the employer to ameliorate the alleged intolerable working conditions before resigning; and

• resign only if the alleged intolerable working conditions have not been ameliorated.

Depending upon the circumstances, an employee may be entitled to a paid or unpaid leave of absence of up to fifteen (15) calendar days while waiting for the employer to ameliorate the alleged intolerable working conditions.

Separation of Employment (Cont.)state employment law.

• Employers and employees privy to the confidential information must refrain from discussing the reason(s) surrounding an employee’s termination unless the individual(s) with whom the information is discussed have a business-related need to know such information.



Transition Assistance It is the policy of the Diocese that all employees are treated with dignity and respect in the process of employment separation, and that separation of employment does not occur for reasons of age, color, gender, national origin, genetic information, veteran or military status, race or disability that does not prevent an employee from performing the essential functions of her or his job with or without reasonable accommodations.

• Employees of the Diocese are not covered by unemployment insurance. • In order to assist employees in transition from working at a Parish, School or the

Diocese, the Diocese provides the following:• Employees who voluntarily terminate their employment are entitled to wages for

all time worked. • Eligible full-time and part-time employees who provide and work the appropriate

notice period will also be paid up to 2 weeks of accrued vacation time (not to ever exceed 2 weeks).

• Occasional and temporary employees do not accrue vacation time and should not expect a payout.

Full-time and part-time employees, who have met the following guidelines:

• Employees who have been employed at least one year, and have been separated due to reorganization, reduction-in-force, or involuntarily terminated for reasons other than misconduct, may be eligible for transition assistance, as determined by the Parish, School or the Diocesan Office of Human Resources.

• Employees currently enrolled in the medical benefits program have the option of continuing health insurance coverage at their own expense.• The Director of Human Resources is responsible for ensuring compliance with

this policy and procedure.• The employees Manager/Supervisor is also responsible for ensuring compliance

with this policy and procedure.



Documents

Employee Handbook · 2020. 7. 26. · Non-exempt Employee – employees whose work is covered by the Fair Labor Standards Act (FLSA). They are not exempt from the law’s requirements