5.6.3 Volunteers
Use discretion in determining tasks assigned to volunteers. Ask volunteers to sign the Volunteer Agreement (English version and Spanish version) before they do any work. All volunteers must receive safe environment training and those who come into regular contact with minors must be
fingerprinted and background checked. Information about a volunteer's eligibility to serve at a location may be available on the Volunteer/Personnel Information Network.
Volunteers who serve as coaches in elementary school athletic programs are required to be certified through the Catholic Youth Organization (CYO) and to obtain a CYO Certification Card. See Forms for PLC Certification.
See also the Financial Management Overview, Parish Volunteers, and Volunteer Construction Work.
5.6.3.1 Volunteers – Frequently Asked Questions
I am the business manager of a parish and need to balance the budget. I thought of using volunteers to help. Can I do that?
Yes,
you may use volunteers to help in the parish. A volunteer is defined as
someone who performs a service for another with no expectation of
payment or compensation of any kind, and who is in fact not paid or
compensated in any way.
The law allows nonprofit charitable
organizations to use workers without paying for their services, provided
that the work is done for a charitable purpose. The Church has a long
tradition of relying on the charity and goodwill of the faithful to
provide services. The parish probably already uses volunteers as
lectors, extraordinary ministers of the Eucharist, ushers, altar
servers, greeters, choir members, confirmation and RCIA directors, etc.
The parish may also use volunteers to help in the office, handling
parish affairs.
On the other hand, if the work done is for an activity that is not
related to the charitable purpose (for instance, the parish operates a
bookstore or souvenir shop that is open to the public), the workers must
be paid at least minimum wage.
Does the location have to provide safe environment training to all volunteers?
Yes.
Archdiocesan policy requires that all volunteers must receive safe environment training, whether or not they come into regular contact with
minors.
Does the location have to fingerprint and background check all volunteers?
It is prudent and recommended that all volunteers be fingerprinted. Volunteers who come into regular contact with minors must be fingerprinted, have their backgrounds checked, and participate in VIRTUS® training. They must also receive and sign the Guidelines for Adults Interacting with Minors at Parish or Parish School Activities or Events
or the Archdiocese of Los Angeles Boundary Guidelines and Code of
Conduct for Middle and High School Youth Working or Volunteering
with Children or Youth. Check the Volunteer/Personnel Information Network for the volunteer's eligibility to serve. Contact the Office of Safeguard the Children for more information and review the Fingerprinting Policies and Guidelines.
May I offer the parish volunteers a stipend in return for their services?
No.
By definition, volunteers are not supposed to be compensated in any
way. As soon as a volunteer receives any compensation (except as
described in the next two bullet points), the volunteer is
considered to be an employee who must be paid at least minimum wage and
who must be covered by workers' compensation.
May I reimburse parish volunteers for any expenses they incur while volunteering?
Yes.
The law allows volunteers to be reimbursed for expenses they incur in
the course of performing their volunteer service. This includes the
price of meals and lodging. You should establish a clear policy that
requires volunteers to seek approval before incurring an expense and to
submit invoices along with their request for reimbursement.
May the parish honor volunteers at a recognition dinner and give them a check or gift certificate as an award?
Yes,
the parish may provide volunteers with a dinner and give them an award
such as a gift certificate, provided that the value of the award is
nominal. The law defines "nominal" as an amount that is insignificant in
relation to the amount of time and/or the value of the services
rendered. You should take as a yardstick the current State of California
minimum wage; any amount that resembles compensation at the minimum
wage would not be regarded as "nominal."
The
parish hall needs refurbishing. Several parishioners have offered to
help in replacing the electrical wiring, installing new plumbing and
flooring, repairing the roof, and doing the painting. May I accept their
offer?
It depends. Although it is best to have construction-related work done by hired licensed professionals, the parish could accept the offer by the parishioners only if the work is performed under the supervision of a licensed contractor to guarantee proper execution of the work and insurance coverage. Preferably, the contractor should not be a volunteer.
Work on archdiocesan properties by volunteers is discouraged because of the risk
of injury and the liability exposure. Medical costs in the event of
injury to a volunteer can well offset or even exceed the cost of paying a
qualified and insured contractor to do the work. Furthermore, if
volunteers do any work on something that is covered by warranty, their
work would void the warranty.
You should make sure that the volunteers are, in fact, physically able to perform the work. The Volunteer Agreement (English version and Spanish version),
which all volunteers must sign, provides that volunteers must inform
you if they have any physical limitations. Volunteers should not be
assigned to strenuous labor, lifting, hoisting, and tree-trimming
activities. Volunteers should not work above ground level using
scaffolding, platforms, or lifts, or be engaged in electrical repairs or
the use of power tools. Volunteers should not handle hazardous materials.
The church uses volunteers to
decorate for Christmas, Easter, and other holidays. Some of the
decorations are put up in places that can only be reached by standing on
a ladder. May we use volunteers for this work?
Yes, provided that you take appropriate precautions. First, ask the volunteers to sign the Volunteer Agreement (English version and Spanish version),
which requires them to tell you if they have any physical limitations.
Second, train the volunteers ahead of time in safe practices. Third,
never allow volunteers to work alone on a job, especially if climbing is
involved. Fourth, make sure someone who knows emergency first aid is
available to help if needed.
Our
students are required to perform service hours, which can be done in the
parish/school. Are there any additional issues we should be concerned
about?
Yes. All minors who volunteer
must have parental approval that is obtained by signatures on the
Student and Youth Activity Permission Form (English version and Spanish version). High school students may be asked to sign a School Policy on Christian Service (sample) if their work involves assisting those in need. No minor may perform
any volunteer work without the supervision of an adult. Both minors and
adult supervisors must meet all safe environment requirements for volunteers.
The school wants all teachers and staff members to participate in the annual fiesta. Can we require them to volunteer?
No.
An employee who is required to participate in an activity by the
employer is, by definition, not a "volunteer." If the school imposes
this requirement on the teachers and staff, the school will have to pay
for the services of the non-exempt employees. Of course, you can invite
all staff to attend and participate if they wish.
Our school staff really wants to help with the annual fiesta. Is it OK to let them volunteer their time and talents?
Yes,
if the staff's offer to help is truly voluntary and not suggested or
required by their supervisors or anyone else in authority at the school
or parish. However, staff members may not be allowed to do work that is
similar or related to work they get paid to do by the school. In other
words, the bookkeeper cannot keep track of fiesta raffle tickets, the
cook cannot help with the taco stand, and the janitor cannot supervise
cleanup. You can assign the cook to the raffle tickets, the bookkeeper
to do cleanup, and the janitor to the taco stand.
May we require volunteers to sign an agreement not to sue the parish or school if they are injured?
Yes. All volunteers must sign the archdiocesan Volunteer Agreement (English version and Spanish version),
which includes a limited waiver of claims. You should check with the
Office of the Legal Counsel before you use any other kind of waiver or
release form.
5.6.3.2 Employees Who Volunteer
A
volunteer is a person who offers to do work for no remuneration; that
is, the work is done without compensation or benefit in return. If a
location sponsors employee activities or social events, voluntary
attendance by employees may be requested. Employees must be notified in
advance when their attendance is required. Non-exempt employees must be
paid if they are required to attend. Do not allow non-exempt employees
to work "off the clock."
Exempt employees may volunteer for any
activity or event, with no additional pay, whether or not their volunteer work
is the same as their regular job. Non-exempt employees whose attendance
at an employer-sponsored activity or event is purely voluntary may only
volunteer for tasks that are not related in any way to their normal job
assignments and will not be paid for such voluntary work. Non-exempt
employees who work in volunteer positions that are related to their
normal job assignments must be paid for their work.
Warning:
Volunteers do not get paid. Stipends, honoraria, bonuses, tuition
discounts, gifts, or benefits of more than nominal value are considered
payment and may transform volunteers into employees who must be treated
accordingly, including appropriate record-keeping and adherence to the
minimum wage and overtime laws.
See Volunteers – Frequently Asked Questions.