2268
Notwithstanding anything herein contained /0 the contrary,
if one of the Paid Holidays occurs on an employee's regular
day off or during an employee's vacation period and the
employee is required to work, the employee will receive
credit for the said Holiday at straight time and in addition
will receive two and one-half (2±) times his regular rate of
pay for all hours worked on the Paid Holiday
1. 03
Pay at the rate of time and one-half the employee's
regular rate for work performed on such Holiday, and
on alternative day off either thirty (30) days before
or thirty (30) days following theh?liday.
b
Pay at the rate of time and one-half the employee's
regular rate for work performed on such Holiday, in
addition to the employee's regular pay, or
(a
Employees required to work on a Paid Holiday
the option of the Employer receive either:
1. 02
shall at
The employee is not absent on the paid holiday after
being scheduled to work.
b
The employee is not absent on the days he is
scheduled to work immediately preceding and follow-
ing the holiday, or the day granted in lieu thereof,
unless excused because of illness or other reason-
able excuse,
(
a
)
provided
and, effective January 1st,
February
that
New Year's
Good Friday
Victoria Day
Dominion Day
Ci vic Holiday
1974,
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
Easter Monday
the
second Monday of
1
1
.
.'
Day
PAID HOLIDAYS
IDl All regular employees will be credited with pay computed
at straight time for each of the following paid holidays
NOW TIÆREFORE the Council of the Corporation of the County
of Elgin enacts that all employees working for the County
of E~gin without a collective agreement be and are hereby
entitled to the following fringe benefits
AND WHEREAS the Corpo~tion of the County of Elgin wishes to
provide similar fringe benefits for the remainder of its
employees who are not included in a Collective Agreement
WHElèEAS some employees of the County of Elgin are working
under a Collective Agreement which includes certain fringe
benefits:
AGREEMENT"
OF
THE COUNTY OF ELGIN WHO ARE NOT COVERED BY A COLLECTIVE
"BEING A BY-LAW
TO PRQVIDE FRING~ BENEFITS TO ALL EMPLOYEES
By-Law No
COUNTY OF ELGIN
2268
L
Employees with more than six (6) months' continuous
service during the first calendar year of their employment
will be granted one (1) weeks' vacation with pay if they
complete twelve (12) months' continuous service during the
calendar year; provided that employees who have completed
more than six (6) months' continuous service but less than
twelve (12) months' continuous service during the first
calendar year of their employment will be granted a vaca-
tion with pa.y calculated on the basis of one week prorated
in accordance with the number of months of their continuous
service during that year. Vacation pay shall be calculated
on the basis of the employees' normal earnings or two (2%)
per cent of total pay as determined at the end of the
calendar year, whichever is the greater.
2
.
05
Subsequent Vacations: For the purpose of applying the
vacation eligibility reqùirements hereinafter referred
to, continuous service prior to December 31st of an
employee's first year of employment shall be deemed to
constitute an employee's first calendar year of service,
whether he is entitled to a vacation under Clause 2.03
(a) or not. The intent of this provision is that an
employee who commences his employment prior to December
31st of any year ,shall be deemed to have commenced his
second calendar year of service on January 1st of the
following year.
2
.
04
The completion of
with the Employer,
prior to December
of employment.
six (6) months' continuous service
including all continuous service
31st of the employee's first year
(
b
the completion of six (6) months' continuous service
with the Employer prior to December 31st of the
employee's first year of employment, or
a
First Vacation: An employee becomes eligible for vacation
for the first time when the employment records show that
either of the following requirements have been ¡net
2
·
03
Employees hired after January 1st of the vacation year
who have completed less than six (6) months' continuous
service as of December 31st shall not be entitled to a
vacation with pay during the vacation year but shall
receive vacation pay computed on the basis of two (2%)
per cent of total pay for continuous servic e during the
vacation year for all work performed up to December 31st.
2
2
2
·
·
·
02
VACATIONS -
01 The vacation year shall begin on January
the following December 31st.
1st and end on
It is understood and agreed that an employee is entitled
to receive the benefits provided in this Article for work
performed on a Paid Holiday only where the majority of
the hours worked by the employee on his shift fall on the
Paid Holiday.
1
1. 05
·
06
If one of
vacation,
off which
the paid holidays occurs during an employee's
the employee will receive· an additional day
may be added to his or her vacation
If one of the paid holidays occurs on an employee's
regular day off, the employee will receive an extra
off within thirty (30) days following the holiday,
at a time that is mutually agreed upon between the
Employer and the employee.
day
and
1.04
2
L",
Provided, however, that the above provision
apply to an employee
shall
not
o
3~
10l
18
3
10
17l
or more
-
11.
2
1
13-
o
days
day
day
WORKING DAYS ABSENT
Where a regular full-time employee is absent from work for
a period in excess of three (3) working days in a calendar
month, the sick leave credit referred to in Clause 3.01
shall be as follows:
MONTHLY SICK LEAVE
CREDIT
3.
03
An employee shall not be granted any sick leave credits
un'til he has completed six (6) months' continuous service
with the Employer; however, upon completion of six (6)
months' service, the employee shall, subject to Clause
3.03, be credited with nine (9) days' sick leave.
3
3
3
·
·
·
02
SICK LEAVE _
01 Each employee will be credited with one and one-half (ll)
days of sick leave at the end of each month of service.
The vacation and vacation pay entitlement of an employee
who is absent from work without pay for a period in excess
of one month shall be calcula-ted on the basis of actual
time on the payroll during which he is in receipt of
remuneration from the Employer.
2
.
11
An employee who has received his vacation with pay prior
to the completion of the vacation year for which the said
vacation is earned and whose employment is terminated for
any reason, shall be liable to the Employer for the vaca-
tion pay received by him in excess of that to which he is
entitled. The Employer is entitled to take all necessary
action to recover the amount so overpaid directly from
the employee.
2
.
10
In order to receive vacation pay in advance, an employee
shall make a request in writing to his supervisor not less
than two weeks in advance of the date his vacation is to
commence, Such an advance shall cover only the pay period
or periods falling within the employee's vacation
2.09
An employee in the sixteenth and subsequent calendar years
of continuous service with the Employer wilLbe granted
four (4) weeks' vacation with pay. Vacation pay shall be
calculated on the basis of four (4 weeks' normal earnings.
2
.
08
An employee in the sixth, up to and including the fifteenth,
calendar year of continuous service with the Employer will
be granted three (3) weeks' vacation with pay. Vacation
pay shall be calculated on the basis of three (3) weeks'
normal earnings.
2
.
07
An employee in the second, up to and including the fifth,
calendar year of continuous service with the Employer will
be granted two (2) weeks' vacation with pay. Vacation pay
shall be calculated on the basis of two (2) weeks' normal
earnings or four (4%) per cent of total pay as determined
at the end of the calendar year ;:or which the vacation is
taken, whichever is the greater
2
.
06
3
1Jj" ~
ti6\c
Regular full-time employees on the payroll on September 1,
1973 who have completed three (3) years' but less than
five (5) years' continuous service wüh the Employer as of
September I, 1973, shall continue to be covered by the
Employer's present policy in relation to sick pay benefits
on termination of employment
3
.
10
Where an employee having more than five (5) years' con-
secutive service ceases to be employed by the County,
there shall be paid to him or to his personal represen-
tative, or failing a personal representative to such
other person as the Employer may determine, an amount
computed on the basis of his rate of pay at the date of
leaving the employ of the County for a period equal to
fifty (50%) per cent of the value of his sick leave
credits, but the amount shall not exceed six (6) months'
pay
3.09
After an employee has had three periods of sick leave of
three days or less within a calendar year, the Employer
may refuse to pay for the fourth or subsequent period of
sick leave, notwithstanding that the employee has accu-
mulated sick leave to his credit. It is understood that
this provision is an endeavour to eliminate abuses of
sick leave and is in addition to any other disciplinary
action which the Employer may deem fit to invoke, Where
sick leave absence has been in excess of three (3)
consecutive days the employee shall not be paid sick
leave credits unless he furnishes the Head of his or her
Department with a Doctor's certificate or other explana-
tions satisfactory to the Employer,
3.08
To qualify and be paid sick leave from credits accumulated,
an employee must give two hours' notice of his inability
to be on any shift provided, however, that if there be an
emergency and notice, by reason of the said emergency, is
not given, this requirement will not be enforced
3.07
Any employee discharged for cause, whose
reversed through subsequent proceedings,
forfeit all sick leave credits
discharge is not
shall lose and
3.06
When an employee is absent as a result of an accident
while at work, or illness inherent to occupation, and as
a result is receiving Workmen's Compensation, as awarded
by the Workmen's Compensation Board, he may receive the
difference between his regular pay and the Board's award
if unused sick leave credits are available forthe purpose
If such employee is not eligible for Workmen's Compensation,
he may receive sick pay to the extent that sick pay credits,
if any, are available
3
.
05
The unused portion of sick leave credits in anyone year
shall be allowed to accumulate without limitation
3
,
04
c)
who
is
absent
without pay
.
b
who
is
absent
without leave
(
a
who
is
absent because of illness
or
injury
The above
provisions shàll,
however,
apply to an employee
I"
(
c
b
a
who
who
Who does not work his regular shift because of
emergency or other conditions beyond the control
of the employee, or has been requested by his
Supervisor to work different hours
, .
on vacation
4
is
is
on a paid holiday.
Employee does not include any casual,
time employee unless stated otherwise
.
8.02
8
8
·
·
EMPLOYEES
01 In this by-law, employees means any salaried officer,
clerk, workman, servant or any other person in the employ
of the County of Elgin, who has completed his or her
ninety day probationary period, unless stated otherwise
in this or some related by-law.
seasonal
or part
7
7
·
·
JURY DUTY -
01 An employee who is actually at work for the Employer and
has completed his probationary period and is called for
service on Jury Duty shall be entitled to receive from
the Employer the difference in pay between the Jury Duty
pay and what he would have received from the Employer,
computed at straight time for the time necessarily and
actually spent on Jury Duty during th~ hours scheduled
to work during a normal work week. The employee shall
provide proof of hours engaged on Jury Duty and proof of
payment therefor
The Employer agrees to pay fifty (50%) per cent of the
O'~iM. E. R. S. plan in respect 0 f pensi on, in accordance
with County of Elgin By-Law No. 1838 as amended by
By-Law No. 2059.
6.02
6
6
·
·
fŒALTH AND WELFARE -
01 The Employer agrees to pay seventy-five (75%) per cent of
the billing rate of the Ontario Health Insurance Plan
(O.R.I.P.) for all employees eligible under the plan, and
effective January 1st, 1974, the Employer agrees to pay
one hundred (100%) per cent of the billing rate referred
to in this Clause
Employees who are on leave of absence will not engage in
gainful employment while on such leave, or utilize a leave
of absence for purposes other than those for which the
leave of absence was granted, and if an employee does
engage in gainful employment while on such leave of absence
or utilize the leave of absence for purposes other than
those for which the leave of absence was granted, may, at
the discretion of the Employer be considered as a voluntary
quit.
5
03
Employees who are on leave of absence will not be consi-
dered to be laid off and their seniority shall continue
to accumulate during such absence.
5
·
02
PERSONAL LEAVE OF ABSENCE -
01 The Employer may grant leave of
any employee for legitimate
absence without
personal reasons
5.
5.
pay
In the case of the death of the employee's mother-in-law,
father- in-la.r, brother-in-law, sister- in-law, grandfather
or grandmother, up to one day may be granted without loss
of regular pay where necessary to enable the employee to
attend the funeral.
to
4
4
4
·
.
·
02
COMP1\SSIONATE LEAVE OF ABSENCE
01 In the event of the death of a member of an employee's
immediate family, the immediate family being restricted
to mother, father, sister, brother, spouse, child, where
the said employee is attending the funeral or assisting
in arrangements for the funeral, the Employer shall arrange
leave with pay not to exceed three (3) days. The three (3)
days shall, however, include normal days off and shall
conclude on the day of the funeral. 'rhe Employer will
give full consideration to granting additional time off
without pay upon application by the employee
¡.--
5
L. Johnson
Clerk
~
R
finally passed this 19th day of
September, 1973
READ a third time and
19th day of September,
lIE AD
RRAD a first time this 19th day of
a
second time this
September,
1973
1973
12.02
This
The following by-laws of
are hereby repealed:
Nos. 1765, 1900, 1901, 1940,
2061, 2088, 2099, 2107, 2174,
2228, and any other County of
contradictory to this by-law
by-law
shall
become effective September
1941,
2179,
Elgin
of Elgin be and
1988, 1989, 2060,
2180, 2181, 2227
by-law that is
1st,
1973
12
01
4% of
years
the County
gross wages during
of employment.
b
2'10
of
of gross wages
employment.
during
the
second and
calendar year
subsequent
(
CASUAL OR SEASONAL EMPLOYEES _
Vacation pay shall be calculated on the
basis for casual or seasonal employees
a
the first
following
11
Employees starting employment with the County of Elgin
on or after September 1st, in any year will receive
their first annual increment on the first pay after
January 1st of the second following year.
10.02
Employees starting employment with the County of Elgin
prior to September 1st, in any year will receive their
first annual increment on the first pay after January
1st of the following year
10.01
10
ANNUAL INCREMENT
An Employee having reached the Normal Retirement
may, at the pleasure of the Elgin County Council
continue his or her employment on a yearly basis
,
.
9
03
Age
The Normal Retirement age for employees covered by
this by-law shall be sixty-five (65) years
9
02
Retirement in this by-law, means having attained the age
of 65 years or earlier if substantiated by a Medical
Doctor's Certificate, stating that retirement is neces-
sary because of permanent disability
9.01
9
li'E TIREMENT
6