Employee Handbooks Set the Standard
Tips for Writing, Maintaining and Enforcing Your Most Important Rules

By Laura J. Brown

Churches sometimes take an ad hoc approach when dealing with job performance issues. For example, a church might decide it needs an absenteeism policy after hiring a young staff member who calls in sick every sunny Friday.

But reactionary policies can be flawed and poorly reasoned — that’s why it’s a good idea to create an employee handbook. A handbook is an attempt to codify your practices so you can apply them fairly to all employees. Employee handbooks can also reduce conflict in your ministry by spelling out everyone’s rights and responsibilities.

You might think your ministry is too small to warrant an employee handbook, or that it’s exempt from employment-related lawsuits, but think again. Lawsuits alleging wrongful employment practices are the fastest-growing area of civil litigation today, and churches are no exception. Any organization that employs two or more people should have its policies and procedures written down and reviewed by an attorney.

Here are some common reasons church leaders think they don’t need an employment handbook:

These include terminating clergy, discussing concerns within a board meeting, or requiring certain employees to be of a specific faith. However, even in these cases, you can’t count on the First Amendment to protect you from an employment action.

Building an employee handbook from scratch can seem daunting, but resources are available to help you. Dozens of books and computer programs offer templates that allow you to create a customized handbook with little effort.

• Benefits — Explain the rules about vacation pay, sick pay, unpaid leave, health insurance and other benefits you offer.
• Communication and electronic media — Establish the extent to which employees may use the telephone and electronic tools, such as the Internet and e-mail, for personal use.
• Discrimination — State that your organization will not discriminate against job candidates on the basis of race, gender, age or disability. Not-for-profit religious organizations generally may discriminate on the basis of religion. Ask an experienced employment law attorney if any limitations on religious discrimination apply in your state or region.
• Hours — Outline normal working hours for full-time employees, rules that apply to part-time and volunteer employees, and how employees may qualify for overtime pay.
• Pay — Tell employees how often they will be paid and the reasons for various payroll deductions.
• Personal conduct — Address the type of conduct you expect of all employees. Include any specific prohibitions, such as those against smoking or drinking alcohol.
• Sexual harassment — Emphasize that harassment in any form won’t be tolerated and could result in discipline, including firing. Provide employees with at least two avenues for reporting perceived harassment. Explain that employees won’t face retaliation for reporting it.
• Workplace safety — Establish procedures that require visitors to check in and be escorted through the building. This is especially important if you run a ministry involving children, such as a school, camp or daycare center. Include a statement prohibiting weapons on your ministry’s property and inform employees that violence or threatened violence will not be tolerated.

If you already have an employee handbook, do you know how old it is? Do you know when it was last revised? Have your practices changed since then?

Employment law is constantly evolving. Legislators make new laws every year, and courts frequently modify the way existing laws are interpreted. For example, the Fair Labor Standards Act was amended this year to re-define which workers qualify for time-and-a-half pay when they work more than 40 hours.

As a result, it’s important to review your handbook every two to three years and revise it to comply with the law, if necessary. An employee handbook that isn’t followed anymore might actually cause more damage than it prevents. Courts could consider the out-of-date book an employment contract and hold your ministry liable if its policies and procedures haven’t been followed.

Having a set of guidelines can also make your job easier. Employees know where to find answers to simple questions about benefits and workplace policies, and you can look to the book for guidance when more complex questions arise. Your attorney has reviewed the handbook, so you can have confidence that your policies are in keeping with local, state and federal laws. In the end, you’ll spend less time making policies and more time putting ministry first.

Laura J. Brown is a writer and communications specialist with Brotherhood Mutual Insurance Company, specializing in church coverage. Reach her by calling 260.482.8668 or by e-mail at lbrown@brotherhoodmutual.com.

Brotherhood Mutual Insurance Company’s Working Together: A Guide to Employment Practices for Ministries can help protect your church or ministry. It contains sample policies on everything from attendance guidelines to workplace safety that can be matched to your specific needs. A brief introduction explains why each policy is needed and outlines such federal laws as the Americans With Disabilities Act, Fair Labor Standards Act and Family Medical Leave Act. The guide can be used to create a new employee handbook or revise an existing one. The 74-page, spiral-bound guide is available for $5 (including postage and shipping) in the Resources section at www.brotherhoodmutual.com.