5.12 Religious Staff
Religious who, with their religious institute's
approval, hold a position with an archdiocesan entity such as a school
or parish, remain agents of their religious communities and are not
employees in the technical meaning of that term. They receive no salary
for their services. However, payment is ordinarily made to the religious
community to which the religious sister or brother belongs. This
procedure is in compliance with the Complementary Norms of canon law regarding vowed religious.
The person in charge who negotiates a position with a religious needs to follow sound personnel practices by:
Carefully examining the individual's resume
Consulting with his or her religious institute
Following up on his or her references from places in which he or she previously served
Erring on the side of caution by not offering a position if the individual's suitability is in question
Archdiocesan
entities using the services of religious must do so by written
agreement. The agreement is with both the individual religious and the
religious institute, and it is archdiocesan policy that the agreement be
signed by the proper superior of the institute or his or her
representative, the individual religious, and the person in charge. The
agreement should describe the duties of the position, amount of the
religious stipend, health benefits, retirement contributions, expected
hours and times of work, vacation time, sick leave or times away for
religious institute affairs, and where appropriate, the living
arrangements and any other fiscal aspects of the agreement with the
archdiocese, as well as any other special negotiation. The agreement
usually is for a one-year period.
A medical benefit booklet should
be provided to all religious who work for schools and such religious
are subject to the relevant provisions of the school Staff Handbook.
A sample Service Agreement and copies of the applicable annual schedule for Religious Compensation are available from the Office of the Vicar for Clergy and Office of the Vicar for Women Religious. Other forms may be proposed by the religious institute but must meet archdiocesan requirements.
The
written agreement should also specify the terms for termination of the
religious' ministry. For example, in the event of a non-renewal of the
agreement, notification will be given by the party not renewing at least
three months prior to the concluding date of the agreement. The
ministry of the individual religious can be terminated 30 days after the
religious receives a written letter explaining the reasons for
terminating the agreement and the religious can resign with 30 days'
notice.