General Policies

Tenth Presbyterian Church (Tenth) employees are employed “at will.” As a result, the employee or Tenth Presbyterian Church is free to terminate the employment relationship at any time, for any lawful reason or no reason at all, with or without prior notice. The only exception to this at-will employment is Ordained Pastoral Staff, who are subject to guidelines of the Presbyterian Church in America. No representative of Tenth, other than the Session by majority vote, has the authority to enter into any agreement for employment for any specified period of time or to make any agreement contrary to the foregoing. Any agreement purporting to alter the at-will nature of employment with Tenth in any manner must be in writing and signed by Clerk of Session after majority vote by the Session.

Tenth’s policies and procedures, including those stated in this Handbook and the Handbook itself, are not to be interpreted as promises or contracts of any kind, real or implied, between Tenth and its employees. This Handbook expresses key current personnel policies and procedures of Tenth, but all provisions herein are periodically reviewed and subject to change at any time through the procedures of Tenth as set forth in the by-laws and other governing documents. Therefore, while Tenth is committed to operating within its policies and procedures, it maintains the right to change or terminate any of these policies or procedures at any time, with or without notice.

Tenth’s benefit plans and programs, which are described in separate materials, may be referenced briefly in this Handbook. Each benefit plan or program shall be subject to the terms of the specific documents by which it is governed, and Tenth (or its designee) shall have complete discretion to determine benefit eligibility and interpret the terms of each plan or program. Tenth reserves the right to amend, modify or terminate, in whole or in part, any of these benefit plans or programs at any time, with or without notice.

Tenth is committed to full compliance with federal immigration laws and will not knowingly hire or continue to employ anyone who does not have the legal right to work in the United States. The employee will be required to provide documentation verifying his/her identity and legal authority to work in the United States. In compliance with the Immigration Reform and Control Act of 1986, each new hire, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility within three (3) business days of the first day at work. Former staff who are rehired must also complete the form if they have not completed an I-9 with Tenth within the past three (3) years, or if their previous I-9 is no longer retained or valid.

Any applicant under 18 years of age will be required to provide a valid work permit before allowed to work. Employment of minors is restricted by terms and conditions of the work permit, in addition to provisions of state and federal law.

Tenth discourages full-time employees from taking employment outside of Tenth but understands that it may be necessary for financial or professional reasons. Outside employment is permitted so long as the employee receives prior approval from the appropriate supervisor, and it does not interfere with the employee’s performance of his or her work at Tenth.

All new employees are required to obtain Pennsylvania Child Abuse History Clearance and Pennsylvania State Police Criminal Record Checks. If the new employee has not been a resident of Pennsylvania for at least ten (10) years, he or she is also required to obtain a Federal Bureau of Investigations (FBI) Criminal History Background Check. These clearances must be obtained within two (2) weeks of beginning employment with Tenth. Tenth will reimburse the employee for the cost of such checks.

In addition, all employees are prohibited from using, possessing or being under the influence of illegal drugs, alcohol, or other substances that impair their judgment and/or ability to perform the essential functions of their job and/or conduct themselves in a safe and appropriate manner in the workplace or while engaged in work activities, whether or not you are on Tenth’s premises. Employees may not use or be under the influence of marijuana, including medical marijuana, while engaged in work activities, whether or not you are on the church premises. Employees who are under the influence of medical marijuana while engaged in work activities whose conduct falls below the standard of care normally accepted for the job will be deemed in violation of this policy and subject to disciplinary action up to and including termination of employment. Certain positions at Tenth are safety-sensitive positions. Employees who hold safety-sensitive positions are strictly prohibited to be under the influence of any substance, including medical marijuana, that could impair their ability to meet the standard of care for the job or otherwise negatively impact their ability to perform the job safely. Tenth will not refuse to hire, discriminate against, or otherwise take an adverse employment action against an individual solely because of the person’s status as a certified medical marijuana patient.

If there is reasonable suspicion that an employee has engaged in illegal drug, alcohol, or other prohibited substance use during work hours or on Tenth property, the employee will be immediately removed from the workplace and may be subject to appropriate disciplinary action, up to and including possible termination of employment. Tenth reserves the right to inspect all areas of its property, including employee work areas, and all items brought onto Tenth property, including when it is determined that there is reasonable suspicion of the use or presence of prohibited substances. Employees may be required to submit to post-accident and/or reasonable suspicion testing at the request of Tenth. If an employee tests positive for any prohibited substance, he or she will be removed from the workplace and may be subject to appropriate discipline, up to and including possible termination of employment. If an employee refuses to submit to such testing, alters any specimen, substitutes a specimen with that from another person or refuses to cooperate in the testing process in such a way that prevents completion of the test, he or she will be subject to the same consequences as a positive test result. In the event that an employee who is a registered medical marijuana patient is sent for a drug test under this policy, it is the employee’s responsibility to inform the Administrator and testing facility of their status as a registered medical marijuana patient in advance of the drug test.

Hiring members of Tenth for employment requires special consideration, given the uniqueness of the dual relationship of the individual to Tenth as both member and employee. The Trustees, in its sole discretion, will determine on a case-by-case basis whether such a relationship is appropriate after a review of the individual circumstances.

Employees of Tenth may gain access to confidential, private, and/or proprietary information regarding Tenth and its personnel, members, and other individuals or entities with which Tenth deals (collectively referred to in this policy as “Confidential Information”). For the purposes of this policy, “Confidential Information” includes all material and information of a financial, legal, operational, proprietary, or personal nature relating to Tenth, its business operations, personnel, members and other individuals or entities with which Tenth deals, also including policies and procedures, medical records and information, telephone and computer system passwords and other security-related information. If an employee is unsure about whether certain material or information is Confidential Information, it is his or her responsibility to ask the Administrator about the status and permissible use of that material or information before accessing, disclosing, or using it in any way.

Confidential Information shall be kept strictly confidential and shall not be accessed, disclosed, used, copied or removed from Tenth premises, except as may be necessary to perform the employee’s job and as specifically directed by the employee’s supervisor or the Administrator. The obligation to maintain the confidentiality of Tenth’s Confidential Information applies both during employment and after employment with Tenth has ended. Failure to abide by the terms of this policy may subject an employee to disciplinary action, up to and including possible employment termination.

As a condition of employment, Tenth employees must understand and agree that, during their employment or at any time after their employment by Tenth ends:

• They shall not access, discuss or disclose Confidential Information that they have not been expressly authorized to access, discuss or disclose;

• If they have been authorized to disclose or use Confidential Information under this policy, they must obey any instructions or restrictions on the disclosure or use of that information, and therefore only disclose or use it for the purpose and to the extent that has been authorized;

• They must be aware of their surroundings at all times when discussing or using Confidential Information in accordance with this policy;

• They must secure any Confidential Information in their possession and/or that they are using in accordance with this policy;

• They shall not disclose or otherwise use Confidential Information to further their own interests or the interests of others not expressly authorized or entitled to access or use such information; and

• They shall not otherwise use Confidential Information in a way that unreasonably or unnecessarily exposes it to the possibility of disclosure in violation of this policy.

Nothing in this policy precludes disclosure of information that is required by applicable law. However, if you are aware of a situation in which disclosure of Confidential Information is required by law, you must contact the Administrator immediately upon learning of same before any Confidential Information is disclosed whenever possible and, in any case, no later than 24 hours after any disclosure has been made.

Statement of Policy

Tenth is committed to providing and promoting equal opportunity for employees and applicants in accordance with applicable law. To this end, Tenth complies with all applicable laws requiring nondiscrimination in employment opportunities or practices on the basis of race, color, age, sex, national origin, non-job-related handicap or disability, or any other characteristic as protected by law applicable to Tenth.

Tenth’s policies and personnel practices are intended to ensure that recruiting, hiring, and advancement are accomplished without regard to such protected characteristics; that decisions on employment are made so as to further the principle of equal employment opportunity in accordance with applicable law; and that personnel actions involving a condition or privilege of employment are administered without regard to race, color, age, sex, pregnancy, national origin, non-job-related handicap or disability, or any other characteristic as protected by law applicable to Tenth. Tenth in its sole discretion reserves the right to require a degree of Christian commitment for any position consistent with its rights and obligations under applicable law.

Reasonable Accommodation for Disabled Employees/Applicants

When appropriate, Tenth makes reasonable accommodations for individuals with non-job related handicaps or disabilities who request such accommodation, with the advice of a health care provider, to enable them to perform the essential functions of their jobs, provided that such an accommodation does not cause Tenth undue hardship. Any applicant or employee who, because of a non-job-related handicap or disability, needs a reasonable accommodation to apply for employment or to perform the essential functions of his or her job should inform the Administrator and/or the chairman of the Personnel Committee. Medical information will be maintained on a confidential, need-to-know basis.

Reasonable Accommodation for Pregnant Employees

In accordance with Philadelphia law, Tenth will provide reasonable accommodations to pregnant employees who request accommodations, provided that the requested accommodation would not pose an undue hardship. Examples of reasonable accommodations may include, but are not limited to, restroom breaks, period rest for those who stand for long periods of time, and assistance with manual labor.

Discriminatory Harassment Prohibited

Tenth is committed to providing a work environment that respects the dignity and worth of each individual in accordance with applicable law. Inappropriate workplace behavior and harassment create conditions that are wholly inconsistent with this commitment. The purpose of the policy set forth below is not to regulate the personal morality of employees, but rather to allow a work environment that is free from all forms of harassment, whether that harassment is because of race, color, age, sex, national origin, non-job-related handicap or disability, or any other characteristic as protected by law applicable to Tenth.

Discriminatory harassment, including sexual harassment, will not be tolerated by Tenth. This policy applies to all harassment occurring in the work environment whether on Tenth premises, or in other work-related settings, and applies regardless of the gender of the individuals involved. This prohibition of discriminatory harassment covers all employees of Tenth, including applicants for employment and third parties over whom Tenth has control.

Sexual Harassment Defined

For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• Submission to such conduct is either explicitly or implicitly made a term or condition of an individual’s employment; or

• Submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual; or

• Such conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment.

Some examples of what may constitute sexual harassment include (but may not be limited to): threatening to take or taking employment actions, such as discharge, demotion, or reassignment if sexual favors are not granted; demands for sexual favors in exchange for favorable or preferential treatment; unwelcome and repeated flirtations, propositions or advances; unwelcome physical contact; whistling; leering; improper gestures; tricks; horseplay; use of stereotypes; offensive, insulting, derogatory or degrading remarks; unwelcome comments about appearance; sexual jokes or use of sexually explicit or offensive language; gender or sex-based pranks; and the display in the workplace of sexually suggestive objects or pictures.

The above list of examples is not intended to be all-inclusive. Additionally, care should also be taken in informal business situations, including at Tenth gatherings and on trips, to avoid conduct prohibited under this policy.

Other Harassment Defined

For purposes of this policy, other harassment is defined as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual based on any characteristic as protected by law applicable to Tenth, that creates an intimidating, hostile, or offensive work environment; or unreasonably interferes with an individual’s work performance.

Some examples of such harassment include (but may not be limited to): using epithets or slurs; mocking, ridiculing or mimicking another’s culture, accent, appearance or customs; threatening, intimidating, or engaging in hostile or offensive acts that focus on an individual’s race, color, age, sex, national origin, non-job-related handicap or disability, or any other characteristic protected by law applicable to Tenth, including jokes or pranks; the display on walls, bulletin boards or elsewhere on Tenth’s premises, or circulating in the workplace, of written or graphic material that denigrates or shows hostility or aversion toward a person or group because of an individual’s race, color, age, sex, national origin, non-job-related handicap or disability, or any other characteristic protected by law applicable to Tenth.

The above list of examples is not intended to be all-inclusive.

Consensual Relationships

Consensual romantic and/or sexual relationships between an employee with supervisory authority and any subordinate, including one not directly under the supervisor, compromise Tenth’s ability to enforce its policy against sexual harassment. Consequently, if such relationships arise, they will be considered carefully by Tenth, and appropriate action will be taken. Such action may include (but may not be limited to) a change in the responsibilities of the individuals involved in such relationships or reassignment within Tenth to diminish or eliminate the supervisory relationship and workplace contact that may exist. Any supervisory employee involved in such a relationship is required to report the relationship to his or her supervisor and to the Administrator. Should the relationship include either of those persons, the relationship should be reported to the Chairman of the Personnel Committee.

Reporting Discriminatory Harassment

Tenth requires the prompt reporting of all incidents of discrimination and discriminatory harassment. If you believe you are being discriminated against or harassed or have observed discrimination or harassment, Tenth requires you to promptly notify the Administrator. If at any time you feel it would be unreasonable to use this reporting procedure because of unusual or unique circumstances, you should discuss your concerns with the Chairman of the Personnel Committee.

Investigation

When an employee reports discrimination or harassment as specified above, Tenth will undertake a prompt investigation as may be appropriate under the circumstances. The steps to be taken during the investigation cannot be fixed in advance but will vary depending upon the nature of the allegations. Confidentiality will be maintained throughout the investigative process to the extent practicable and consistent with Tenth’s need to undertake a full investigation and respond appropriately.

Resolving the Matter

Upon completion of the investigation, appropriate remedial action will be taken, if necessary and supported by the facts. Remedial action may include (but may not be limited to) verbal or written counseling, referral to formal counseling, disciplinary suspension or probation, or employment termination.

Non-Retaliation

An individual who reports incidents that, in good faith, the employee believes to be violations of this policy, or who participates in an investigation as a witness under this policy, will not be subject to reprisal or retaliation. Retaliation is a serious violation of this policy and should be reported immediately. The report and investigation of allegations of retaliation will follow the procedures set forth in this policy. Any person found to have retaliated against an individual for reporting discrimination or discriminatory harassment or for participating in an investigation of allegations of such conduct will be subject to appropriate disciplinary action, up to and including possible employment termination.

Tenth is firmly committed to providing a work environment that is free from acts or threats of violence. As such, it is Tenth’s policy that acts or threats of violence by employees in any form are unacceptable and will not be tolerated, including (but not necessarily limited to) acts or threats of violence taking place on Tenth property, at Tenth-sponsored programs or events, or while conducting work-related business. This policy specifically prohibits all acts or threats of workplace violence, including (but not necessarily limited to) physical assaults, threats or attempts to cause physical harm, verbal or psychological abuse, offensive gestures or slurs, obscene phone calls, throwing, kicking or pushing objects, punching walls, shaking fists, slamming doors, stalking, bringing weapons into the workplace, harassment, intimidation or inappropriate aggression of any kind, and any other conduct that may reasonably be construed as violent, erratic, or threatening behavior (collectively referred to herein as “Workplace Violence”).

All employees should be keenly aware of their environment and persons who have entered any building or area of Tenth property. Anyone who does not appear to have a valid purpose to be on Tenth property should be immediately reported to the Administrator or his designee. If you are uncertain or feel jeopardized, seek the assistance of a supervisor or a co-worker.

Reporting Acts or Threats of Workplace Violence

If you experience or are threatened with Workplace Violence, or if you observe or otherwise become aware of an act or threat of Workplace Violence, you must immediately report it, regardless of who the offender may be, to the Administrator or his designee. In addition, if you or any other individual has suffered, or is in immediate danger of, bodily harm from Workplace Violence, nothing in this policy should be construed as preventing you or anyone else from contacting emergency assistance and/or appropriate authorities. Any report of an act or threat of Workplace Violence will be kept confidential to the extent practicable and consistent with Tenth’s need to investigate and enforce this policy.

Investigation and Complaint Resolution

Tenth will undertake a prompt investigation of alleged acts or threats of Workplace Violence reported pursuant to this policy as appropriate under the circumstances. The steps to be taken during such an investigation cannot be fixed in advance, as they may vary depending upon factors such as the nature of the allegations. Tenth will strive to maintain confidentiality throughout the investigatory process to the extent practicable and appropriate under the circumstances, consistent with the need to undertake a full investigation and to take action where it believes that an individual may be engaging in Workplace Violence.

Tenth will take prompt corrective action with respect to any employee whom it finds to have engaged in acts or threats of Workplace Violence or who has otherwise violated this policy, up to and including possible termination of employment. The appropriate action will depend upon the particular facts and circumstances of the situation as determined by and in the sole discretion of Tenth.

Although Tenth’s ability to control the actions of third parties is limited, it will attempt to reasonably respond to reported acts or threats of Workplace Violence by third parties. The appropriate action will depend upon the particular facts and circumstances of the situation as determined by and in the sole discretion of Tenth.

No Retaliation

Tenth will not tolerate retaliation against any individual who reports an act or threat of Workplace Violence. Any employee found to have engaged in retaliation against another individual for reporting an act or threat of Workplace Violence will be subject to appropriate disciplinary action, up to and including possible termination of employment.

If, however, Tenth determines that an employee knowingly and falsely accused another individual of an act or threat of Workplace Violence, the accusing employee will be subject to appropriate disciplinary action, up to and including possible termination of employment.

According to the Pennsylvania Child Protective Services Law (CPSL), church employees who regularly interact with children, including all clergy, are considered mandated reporters. Such employees should be familiar with the mandated reporting guidelines of the CPSL; see https://www.dhs.pa.gov/KeepKidsSafe

Workers’ Compensation Notice to All Employees

Tenth complies with Pennsylvania’s Workers’ Compensation Act, and accordingly may provide payment for your medical treatment and part of the income you lose while recovering from an on-the-job illness or injury. Specific benefits and eligibility requirements are prescribed by law and depend upon the circumstances of each case. If you experience a work-related injury or illness, you must report it immediately to your supervisor and the Administrator, whether or not you intend to seek medical treatment for it.

To submit a claim for a work-related injury or illness or if you have questions about workers’ compensation claims, contact the Administrator or Tenth’s insurance company for such claims: Selective Claims Service Center—Call 1-866-455-9969.

Tenth will not terminate or punish any employee for reporting an on-the-job injury or illness.

Your Rights and Duties with Regard to Injuries and Illnesses Covered by Pennsylvania’s Workers’ Compensation Act under Section 306 (F.1)(1)(i) of Pennsylvania’s Workers’ Compensation Act:

(1) You must obtain treatment for work-related injuries and illnesses from one or more of Tenth’s designated health care providers (“Designated Providers”) for/during a period of ninety (90) days from the date of your first visit to such a Designated Provider, in order for medical treatment of that injury or illness to be paid for by Tenth.

(2) You have the right to have all reasonable medical supplies and treatment related to the injury paid for by Tenth as long as treatment is obtained from a Designated Provider during the 90-day period.

(3) You have the right, during this 90-day period, to switch from one Designated Provider on Tenth’s list to another provider on that list, and all such treatment shall be paid for by Tenth.

(4) If one of Tenth’s Designated Providers refers you to another health care provider, you have the right to seek treatment from that referral health care provider, and Tenth shall pay for the treatment rendered by that referral health care provider.

(5) You have the right to seek emergency medical treatment from any health care provider, but subsequent nonemergency treatment must be by a Designated Provider for the remainder of the 90-day period in order for Tenth to pay for that treatment.

(6) You have the right to seek treatment or medical consultation from a non- designated provider during the 90-day period, but any such services shall be at your own expense for the applicable ninety (90) days.

(7) You have the right to seek treatment from any health care provider after the 90-day period has ended, and such treatment shall be paid for by Tenth if it is reasonable and necessary.

(8) You must notify Tenth of any treatment you receive by a non-designated health care provider within five (5) days of your first visit to that provider. Tenth may not be required to pay for treatment rendered by a nondesignated provider prior to receiving this notification. However, Tenth shall pay for such services once notified, unless the treatment is found to be unreasonable by a Utilization Review Organization under Subchapter C (relating to medical treatment review).

(9) If a Designated Provider prescribes invasive surgery, you have the right to seek an additional opinion from any health care provider of your choice. If that additional opinion differs from the opinion of the Designated Provider and the additional opinion provides a specific and detailed course of treatment, you shall determine which course of treatment to follow. If you opt to follow the course of treatment outlined by the additional opinion, Tenth will pay to have such treatment performed by one of its Designated Providers and will not be responsible for payment for treatment provided by a non-designated provider for a period of ninety (90) days from the date of your visit to the health care provider from whom you obtained the additional opinion.

A list of Tenth’s designated providers for treatment of work-related injuries or illnesses was provided at the time of the hire and/or is posted in a conspicuous place at Tenth, and a copy can be obtained from the Administrator.