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2460 If one of the paid holidays occurs on an employee's regular day off, the employee will receive an extra day off within thirty (30) days following the holiday, and at a time that is mutually agreed upon between the Employer and the employee ~., -:........::'.:.:... - :~ 1 · 04 Notwithstanding anything herein contained to 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 stráight time and in addition will receive two and one-half (2!) times his regular rate of pay for all hours worked ón the Paid Holiday 1 · 03 Pay at the I'a te of time and one-half the employee's regular rate for work performed on such Holiday, and an alternative day off either thirty (30) days before or thi~ty (30) days following the holiday. (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 ( Employees required to work on a Paid Holiday option of the Employer receive either a ) 1.02 shall at the 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 following the holiday, or the day granted in lieu thereof, unless excused because of illness or other reasonable excuse. (a provided that *For all employees, November 11th will February". exclusive of Elgin Manor and Terrace Lodge, be substituted for the "Second Monday in New Year's Day *Second Monday of Good Friday Easter Monday Victoria Day Dominion Day February Ci vic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day All regular employees will be credited with pay computed at straight time for each of the following paid holidays : 1 · 01 1 NOW TliEREFORE the Councilor the Corporation of the County of Elgin enacts that all employees working for the County of Elgin without a collective agreement be and are hereby entitled to the following fringe benefits PAID HOLIDAYS AND v~EREAS the Corporation 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 W}!EREAS some employees of the County of Elgin are working under a Collective Agreement which includes certain fringe benefits COUNTY OF ELGIN WHO ARE NOT COVERED BY A COLLECTIVE AGREEMENT " . r~' ~.. "BEING A BY-LAW TO PROVIDE FRINGE BENEFITS TO ALL EMPLOYEES OF THE By-Law No COUNTY OF ELGIN 2460 In order to receive vacation pay in advance, make a request in writing to his supervisor weeks in advance of the date his vacation is advance shall cover only the pay period or within the employee's vacation an employee shall not less than two to commence. Such pay periods falling ,j 2 · 05 money plans paid on behalf of (OHIP, LTD, Life, the employee to EHC) b Total wages in this section shall include all by an employee but does not include (a) previously paid vacation pay insurance money received 2 · 04 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 calculatëd on the basis of actual time on the payroll during which he is in receipt of remuneration from the employer 2 · 03 Every employee who does not otherwise qualify under the provisions of this section, shall be paid in accordance with "The Employment Standards Act". \ (f Vacation pay for (c), (d) and (e) shall be based on his normal work week and his regular rate of pay, but shall not include overtime or other increments- Where at December 31st, an employee has completed (20) years of continuous service, he shall receive five (5) weeks vacation, in the following vacation year. ( e ) twenty December 31st, an employee has completed years of continuous service, he shall receive (4) weeks vacation, in the following vacation year Where at (12) four d) twelve Where at December 31st, an employee has completed five (5) years of continuous service, he shall receive three (3) weeks vacation in the following vacation year. ( c ) Where at December 31st in any year, an employee has completed one year continuous service, he shall receive two (2) weeks vacation in the following vacation year. Vacation pay shall be calculated at four (4~oJ per cent of total wages, during the twelve months immediately preceding December 31st or two week's regular pay, whichever is the greater. (b Where at December 31st, in any year, an employee has completed more than six (6) months of continuous service but less than one year, he shall receive one (1) weeks vacation in the following vacation year. Vacation pay shall be calculated at four (4%) per cent of total wages during the twelve months immediately preceding December 31st, or one week's regular rate of pay, whichever is the greater. ( Every employee shall be granted an annual vacation with pay according to his credited service as follows: a ) 2 . 02 For the purpose of computing vacation entitlement, the vacation year shall begin on January 1st and end on the following December 31st 2. 2.01 VACATIONS 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. f"'· ,,;:';',' %J~;':; ~f', , 1 1 . 06 05 If one of the paid holidays occurs during an employee's vacation, the employee will receive an additional day off which may be added to his or her vacation .. - 2 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 accumulated sick leave to his credit. It is understood that this provision is an endeavour to eliminate abuses of sick leave and is in addition rJ 1111 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,ls Compensation Board, he may receive the difference between his regular pay and the Board's award if unused sick leave credits are available for the 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 apply to an employee injury . , The above provisions shall, however, c ) Who is on a paid holiday ; (b ) 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; is on vacation . , ( Provided, however, that the above provision shall not apply to an employee a ) 0-3 3t - 10 lOt - 17t 18 or more It days 1 day t day o WORKING DAYS Wltere 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: ABSENT MONTHLY SICK LEAVE CREDIT 3 . 03 An employee shall not be granted any sick leave credits until he has completed three (3) months continuous service with the Employer; however, upon completion of three (3) months service, the employee shall, subject to Clause 3.03, be credited with four and one-half (4t) days sick leave rl ,/ , I 3.02 3. 3.01 Each employee will be credited with one and one-half (It days of sick leave at the end of each month of service. SICK LEAVE 3 ) The Employer agrees to pay one hundred (100%) per cent of the billing rate of Blue Cross Extended Health Care coverage ($10.00 - $20.00 deductible). ,.I 6 . 02 E~tended Health Care The Employer agrees to pay one hundred (100%) billing rate of the Ontario Health Insurance for all employees eligible under the plan. (E.H.C ) per Plan cent of the (O.H.I.P. ) O.H I .P. ) 6. 6.01 Ontario Hospital Insurance Plan HEALTH AND WELFARE 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 E~ployees who are on leave of absence will not be considered to be laid off and their seniority shall continue to accumulate during such absence. 5 · 02 The Employer may grant leave of absence without employee for legitimate personal reasons. pay to any 5 5 · · 01 PEI<SONAL LEAVE OF ABSENCE In the case of the death of the employee's mother-in-law, father-in-law, 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. 4 . 02 In the event of the death of a member of an employee's immediate family, the immediate family being réstricted to mother, father, sister, brother, spouse, child, grandchild, 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. The Employer will give full consid- eration to granting additional time off without pay upon appli- cation by the employee 4 4 . . 01 COMPASSIONATE 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 with the Employer as of September 1, 1973, shall continue to be covered by the Employer's present policy in relation to sick pay benefits on termination of employment. LEAVE OF ABSENCE 3 . 10 Where an employee having more than five (5) years consecutive service ceases to be employed by the County, there shall be paid to him or his personal representative, or failing a personàl 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 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 explanations satisfactory to the Employer 4 ,7,[: :. . 5 6.08 Ontario Municipal Employees Retirement System (O.M.E.R.S. The Employer agrees to pay fifty (50%) per cent of the O.M.E.R.S. plan in respect of pension, in accordance with County of Elgin By-Law No. 1888, as amended by By-Law No. 2059. 6.04 Long Term Disability (L.T.D.) The Employer agrees to pay fifty (50%) per cent of the premium of a long term disability insurance plan which will pay 66 2/3"/0 of the employee's monthly earnings to a maximum of $1,000.00. The present plan, through Mutual Life of Canada, calls for a qualifying period of 120 days or expiration of sick leave, whichever is greater. 7. JURY DUTY - 7.01 An employee who is actually at work for the Employer and has completed his probationary periòd 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 the 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. 8. EMPLOYEES ~ 8.01 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. 8.02 Employee does not include any casual, seasonal or part time employee unless stated otherwise. 9. RET IltEMENT - 9.01 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 necessary because of permanent disability. 9.02 The Normal Retirement age for employees covered by this by-law shall be sixty-five (65) years. 9.03 An Employee having reached the Normal Retirement Age may, at the pleasure of the Elgin County Council, cQntinue his or her employment on a yearly basis. 10. ANNUAL INCREMENT - (applicable to employees hired under this condition only) . 10.01 Employees starting employment with the County of Elgin prior to September 1st, in any year will receive their first annual increment on the first day after January 1st of the following year. 10.02 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. 11. CASUAL OR SEASONAl, EMPLOYEES - a) Vacation pay for casual or seasonal employess shall be paid in accordance with the Employment Standards Act. b) Employees hired for the Road Department on a seasonal basis, not to exc~ed six (6) months, shall be exempt from qualifying . ;j 6 for the usual fringe benefits extended to regular employees, upon completion of their probationary period. However, in the event the employee is subsequently without a break in employment, hired as full time, he shall immediately be eligible for the benefits based on the period employed. 12. That By-Law No. 2348 be, and the same is hereby repealed. 13. This by-law shall become effective January 1st, 1977. READ a first time this 21st day of September, 1977. READ a second time this 21st day of September, 1977. READ a third time and finally passed this 21st day of September, 1977. c= ,.-.~,.." ¡ ~...c..:..c.-<-<.-< ~-...v' // ,I "t'- .. . - "'" G. C. Leverton, D. K. Cook, Deputy Clerk Warden