01-13-96 Approved by Presbytery action

I. INTRODUCTION

Every session and pastor faces the potential of having to deal with questions concerning appropriate lengths of absence and the continuance of compensation in the event of illness, short term or long term disability. Also, many sessions and pastoral families face the potential of having to deal with questions relative to continued occupation of the manse by the spouse and dependents if the pastor should die "in service."

Some sessions and pastors would rather not discuss these issues and questions in advance. They would rather "trust that we will handle this in a Christian manner if the need arises." However, many, who have had to deal with these questions and issues have found that determining, in the midst of crisis, the most "Christian manner" to be difficult because of the differing needs and perspectives at the time .

The Presbytery of Kiskiminetas, in an effort to provide a reasoned, fair and structured basis for addressing the issues and concerns associated with pastoral illness/injury, short and long term disability, and matters of family leave, provides this policy statement as MINIMUM STANDARDS. No policy can project and address all the individual variances and needs. It is the intent of the Presbytery, in the adoption of this policy, to establish MINIMUM STANDARDS.

II. IMPLEMENTATION

Upon adoption of the "Policy Statement", by the Presbytery, it will become effective and binding as "MINIMUM STANDARDS" on January 1, 1996 for all pastoral positions in effect as of that date and for all future pastoral positions, until the "Policy Statement" is either amended or rescinded.

In all cases this "Policy Statement" is intended to be in harmony with Article XI (disability) of the Benefits Plan of the Presbyterian Church (U.S.A.) in effect at the time of the adoption of this "Policy Statement" by the Presbytery.

III. DEFINITIONS

A. Illness/injury-- any condition, physical or emotional, which requires, or makes it prudent, that the pastor avoid the fulfillment of normal responsibilities

B. Short term disability-- any condition, physical or emotional, which requires, or makes it prudent, for the pastor to avoid the fulfillment of normal responsibilities for a period of thirty to ninety days.

C. Long term disability-- A period of longer than ninety days of sickness or bodily injury which requires the avoidance of or inability to fulfill normal responsibilities. The following definition of disability in the Benefits Plan shall apply: The inability of a Member due to sickness or bodily injury to perform substantially all the material duties of his or her regular work or any other type of work that would afford a reasonably comparable level of income, and after a period of twenty-four (24) months of such disability, the inability of a Member due to sickness or bodily injury to perform any type of work for which he or she is fitted by education, training or experience, all of which conditions must be certified by the Board's medical counsel. (Benefits Plan, Article II, Sec. 2.1 (h))

D. Intermittent disability-- The pastor, due to an illness or injury, alternates between periods of being able to perform all or most regular responsibilities and periods of disability.

E. Death in Service-- the death of a Minister of Word and Sacrament serving as a Designated Pastor, Associate Pastor, Co-Pastor, Pastor, Interim Pastor, or Stated Supply Pastor while Called, Contracted or Appointed to serve a particular congregation or congregations.

F. Professional Reimbursements-- Include all categories of reimbursable expenses incurred in the course of per forming professional (church related) activities. These include, but are not limited to: travel, materials and equipment, organizational dues, and entertaining expenses.

IV. PASTORAL ILLNESS/INJURY

A. The Session shall continue full compensation including salary, pension/major medical dues, housing allowances and/or free use of manse, medical deductible reimbursements, and other compensation related allowances/ reimbursements during periods of leave for illness/ injury (1 to 30 days)

B. A period of leave for an illness/injury or personal leave of up to five days may be taken at the pastor's discretion. The pastor shall report a period of such leave to the Clerk of Session. Questions and/or concerns about the use/abuse of this leave provision shall be referred to the Committee on Ministry.

C. Periods of leave for an illness/injury of longer than five days shall be substantiated by a statement from the pastor's attending physician advising the avoidance of normal responsibilities, provided by the pastor to the Clerk of Session.

D. When a period of leave for an illness/injury extends beyond seven days, travel and other professional reimbursements shall be suspended

E. A minister may not take study leave during leave for illness/injury, unless the Session concurs.

F. When a period of leave for an illness/injury extends for more than seven days the pastor is to inform the Executive Presbyter and/or the Chairperson of the Committee on Ministry as soon as practical.

1. The Committee on Ministry will consult with the Session to insure that the Session is aware of the illness/injury leave policy; to determine the Session's plans for covering pastoral needs; and to consult with the Session regarding other needs or concerns which the Session might have.

2. The Committee on Ministry will consult with the pastor to determine needs or concerns of the pastor and/or the pastor's family and to determine projected plans for resumption of normal responsibilities.

G. When a period of leave for illness/injury extends beyond fourteen days the pastor shall provide both the Clerk of Session and the Executive Presbytery or the Chair person of the Committee on Ministry with certification from the pastor's attending physician of clearance to resume normal responsibilities, prior to the resumption of those responsibilities.

H. Income received by the pastor from sources provided by the congregation, the presbytery, and/or the Benefits Plan, such as Workers' Compensation or disability insurance, shall be signed over to the church(es) being served during the time the church is continuing full compensation. In no case shall the total income from sources provided by the church, the presbytery, or the Benefits Plan during the period of illness/injury exceed 100% of the compensation stipulated in the pastor's call, appointment, or contract for services.

A. The Session shall continue full compensation including salary, pension/major medical dues, housing allowances and/or free use of manse, utilities or utility allowance, medical deductible reimbursements, and other compensation related allowances/reimbursements during periods of leave for short term disability (31 to 60 days).

B. Disability income received by the pastor from sources

provided by the congregation, the presbytery, and/or the Benefits Plan, such as Workers' Compensation or disability insurance, shall be signed over to the church(es) being served during the time the church is continuing full compensation. In no case shall the total income from sources provided by the church, the presbytery, and/or the Benefits Plan during the period of short term disability exceed 100% of the compensation stipulated in the pastor's call, appointment or contract for services.

C. The pastor shall provide his/her attending physician with a release of information form which will designate the Executive Presbyter and/or the Chairperson of the Committee on Ministry as persons who may be given information concerning the pastor's condition and the prognosis for resuming normal responsibilities.

D. If the short term disability extends beyond sixty (60) days the Session shall continue full compensation for the period of the 61st day through the 90th day. Leave during this time will be accounted to the pastor's vacation. If the pastor's full vacation time has already been used during that calendar year, or the short term disability period exceeds the amount of vacation time remaining in that calendar year, the Session may continue full compensation through the 90th day or may, in consultation with the Committee on Ministry, designate the leave in excess of vacation time available in that calendar year as unpaid leave, but will continue to provide either the free use of the manse (utilities included), and/or any housing allowances and pension/major medical dues.

E. Study leave may not be taken during any period of short term disability leave, except with the permission of the Session.

F. During a period of leave for a short term disability travel and other professional reimbursements shall be suspended during the period of leave.

G. The Committee on Ministry shall:

1. Regularly consult with the Session during the period of short term disability leave regarding the needs and concerns of the Session; worship and pastoral care issues; and to keep the Session informed of needs and concerns of the pastor and/or the pastor's family.

2. Regularly consult with the pastor or his/her representative regarding the needs or concerns of the pastor and/or the pastor's family; the pastor's condition; and the probability of the pastor resuming normal responsibilities.

H. At least two weeks prior to the 90th day of short term disability the pastor or her/his representative, the Session and the Committee on Ministry shall consult regarding the advisability of the pastor continuing in the pastoral relationship.

1. If the consultation results in the concurrence that the pastoral relationship shall continue beyond the 90th day of disability

a. the Session shall provide for the continued free use of the manse (including full utilities) and/or housing allowances at a value of up to 40% of effective salary as provided by the Benefits Plan;

b. The pastor shall apply for all appropriate disability coverages available to him/her such as through the Benefits Plan and Social Security Disability.

c. The Committee on Ministry shall establish a schedule of regular consultations with the Session and the pastor and/or her/his representative to re-evaluate the continuance of the pastoral relationship.

2. If the consultation results in the concurrence that the pastoral relationship should be dissolved:

a. The pastor or his/her representative shall request the Session to call a Congregational Meeting to vote on concurring with the pastor in requesting the Presbytery to dissolve the pastoral relationship.

b. The pastor and family shall be permitted up to 30 additional days free use of the manse (including full utilities) and/or housing allowances from the date of the Congregation's action to concur with the request to dissolve the pastoral relationship.

c. The pastor and family shall be allowed to continue to reside in the manse, paying rent and utilities, for a period of up to 90 days from the time the request to dissolve the pastoral relationship is approved by the Presbytery, or 120 days from the date of the Congregation's action to concur with the request to dissolve the pastoral relationship, whichever is longer.

VI. PASTORAL INTERMITTENT DISABILITY

In cases of intermittent disability the Committee on Minis try, upon the request of either the pastor or the Session, shall consult jointly with the pastor and Session with the purpose of reaching a mutually accept able resolution.

VII. PASTORAL LONG TERM DISABILITY

A. If the illness/injury results in disability of longer than ninety days, and if the concurrence of the consultation between the pastor, the session and the Commit tee on Ministry at the time prior to the 90th day has been to continue the pastoral relationship, all provisions stated above in Section V, H, 1a-c shall apply.

B. If the disability continues beyond 180 days the Committee on Ministry shall, in consultation with the Session, normally recommend to the Presbytery that the pastoral relationship be dissolved.

VIII. PASTORAL DEATH IN SERVICE

A. In the event of the death of the pastor while serving a congregation(s) under a call, appointment, or contract for services the following provisions shall apply:

1. The pastor's spouse and dependents, if residing with the pastor in the manse prior to the pastor's death shall have free use of the manse, utilities included, and/or the continuance of any housing and utilities allowances for a period of 60 days from the death of the pastor.

2. From the 61st day through no more than the 180th day following the death of the pastor, the spouse and dependents may, with the permission of the Session, continue to occupy the manse and shall pay rent and utilities.

3. The manse shall be vacated:

a. no later than the 181st day following the pastor's death; or

b. upon a 30 day advance notification to the spouse, or other responsible dependents, from the Session between the 61st and 180th day following the pastor's death, if the manse is needed to house a succeeding installed pastor or interim pastor.

A. Although the Family and Medical Leave Act of 1992 does not ordinarily apply to pastors and congregations, it shall serve as a model for Family Leave for the Presbytery, the Congregations and Ministers. While used as models, the Family and Medical Leave Act of 1992 and the American Disabilities Act are not binding upon the Presbytery, Sessions, and Ministers, except as specifically stated in the Acts.

B. General, but not exhaustive, examples of Family Leave are:

1. Minister's illness

2. Pregnancy

3. Child rearing

4. Placement of a child with the Minister for adoption or foster care

5. To care for a child, parent, step-parent, parent-in- law or sibling with a serious health condition

6. Bereavement

C. Family leave may be granted by the Session, in consultation with the Committee on Ministry, for a maximum of twelve (12) weeks of unpaid leave. The Session shall continue payment of Pension/Major Medical dues during the time granted for family leave.

D. Family leave may not be used for lengthening vacations or study leave.

E. Study leave may not be taken during time approved by the Session as "Family Leave."

F. Pregnancy leave-- A female minister shall be granted pregnancy leave during the appropriate time of pregnancy and following delivery.

1. A female minister wishing pregnancy leave shall submit a written request to the Clerk of Session and a copy to the Executive Presbyter and/or the Chairperson of the Committee on Ministry, ordinarily 30 days prior to the projected commencement of the leave.

2. Prior to the leave, the minister shall state her intention, in writing to the Clerk of Session with a copy to the Executive Presbyter and/or to the Chairperson of the Committee on Ministry, regarding her return to work after release by her attending physician following the delivery. If she intends to resume normal responsibilities, but is unable to do so by the end of the agreed upon leave the Minister, the Session and the Committee on Ministry shall be in consultation relative to the application of the short term disability policy.

3. Pregnancy leave shall normally allow for a minimum of eight weeks leave.

4. Any earned vacation time and compensation, for that calendar year, may be added to the eight weeks of pregnancy leave, with the concurrence of the Session.

5. A written certification, by the minister's attending physician of the minister's readiness to resume normal responsibilities shall be required and submitted to the Clerk of Session with a copy sent to the Executive Presbyter and/or the Chairperson of the Committee on Ministry, prior to the resumption of pastoral duties.

6. Following the use of the "normal" pregnancy leave and the use of earned vacation time, additional pregnancy leave shall be treated as short term disability with all aspects stated elsewhere under short term disability applying, if the need for extended time is medically certified by the at tending physician.

G. Child rearing leave {unpaid}

1. Child rearing leave (time for the caring for a new born, a newly adopted, or recently placed foster child) shall be equally offered to male and female ministers.

2. Child rearing leave may be granted by the Session for a maximum of two weeks.

H. Bereavement leave of fourteen days may be granted by the Session in the case of the death in the immediate family (spouse, child, step-child, parent, parent-in- law, sibling) of the pastor. Additional unpaid bereavement leave may be requested by the pastor and granted by Session. If bereavement leave is granted beyond a total of fourteen (14), the Clerk of Session shall notify the Committee on Ministry.

X. PRESBYTERY ASSISTANCE

A. Scheduling of preaching supplies during leave for ill- ness/injury, short and long term disability, and pregnancy leave; dependent upon the availability of preaching supplies.

B. Appointment of Moderators

C. Financial

1. Following the first thirty days (one month/four Sundays) of pastoral disability or pregnancy leave the Presbytery will pay the cost of weekly preaching supplies for a period of up to two months (eight Sundays).

2. Following the first thirty days (one month) of pastoral disability or pregnancy leave the Presbytery will pay the Moderator's fee for a period of up to two months. The Moderator's mileage and expenses will be the responsibility of the Session.

3. The Presbytery shall self-insure these costs through an annual assessment of fifty dollars ($50) to each church served by a pastor, co-pastors, associate pastor, designated pastor, stated supply pastor or interim pastor.

4. Churches not paying this self-insurance assessment shall not be eligible to receive the above Presbytery assistance during pastoral illness/injury, disability or pregnancy leave.

XI. EXCEPTIONS AND EXTENSIONS

A. The illness/injury, short term disability, long term disability and family leave policy statements found above are the MINIMUM STANDARDS applicable to ministers and congregations in the Presbytery of Kiskiminetas.

B. The Session, in consultation with the Committee on Ministry, may extend the time frame for either/both leave and compensation, by a three-fourths vote of the Session, except where such extensions would change the terms of call. If such an extension would reflect a change in the terms of call, the Session may recommend such changes to the Congregation for action and such changes shall take effect upon approval by the Presbytery.

C. The Session and pastor, in consultation with the Committee on Ministry, may develop and propose "limited duty" and/or "accommodations" if an illness/injury or disability would allow the minister to continue service. Any such proposals which would be deemed as a change in the terms of call must be approved by the congregation and the Presbytery.