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2528 .,." .r - .~---,-- COUNTY OF ELGIN By-Law No. 2528 "BEING A BY-LAW TO PROVIDE FRINGE BENEFITS TO ALL EMPLOYEES OF TI-IE COUNTY OF ELGIN WHO Al{E NOT COVERED BY A COLLECTIVE AGl{EEMENT. " WHEREAS some employees of the County of Elgin are working under a Collective Agreement which includes certain fringe benefits. AND WHEREAS 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 Agree- ment. NOW THEREFORE the Council of 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. 1. PAID HOLIDAYS - 1.01 All regular employees will be credited with pay computed at straight time for each of the following paid holidays: New Year's Day Civic Holiday *Second Monday of February Labour Day Good Friday Thanksgiving Day Easter Monday Christmas Day Victoria Day Boxing Day Dominion Day *For all employees, exclusive of Elgin Manor and Terrace Lodge, November 11th will be substituted for the "Second Monday in February". provided that: (a) The employee is not absent on the days he/she 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. (b) The employee is not absent on the paid holiday after being scheduled to work. 1.02 Employees required to work on a Paid Holiday shall at the option of the Employer receive either: (a) 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 (b) Pay at the rate öf 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 thirty (30) days fOllowing the holiday. 1.03 Notwithstanding anything herein contained to the contrary, if one of the Paid Holidays occurs on an employee's reg- ular day off or during an employee's vacation period and the employee is required to work, the employee will re- ceive credit for the said Holiday at straight time and in addition will receive two and one-half (2i) times his/her regular rate of pay for all hours worked on the Paid Holiday. J An employee's vacation and vacation pay entitlement shall be based upon continuous service performed for the em- ployer during the previous vacation year, in accordance with the provisions of this Article. 2.04 The vacation and vacation pay entitlement of an employee who is absent from work without pay for a period in ex- cess of one month shall be calculated on the basis of actual time on the payroll during which he/she 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 on his/her normal rate of pay, but other increments c), (d) and (e) shall be based work week and his/her regular shall not include overtime or Where at December 31st, an employee has completed twenty (20) years of continuous service, he/she shall receive five (5) weeks vacation, in the fol- lowing vacation year ( e ) Where at December 31st, an employee has completed twelve (12) years of continuous service, he/she shall receive four (4) weeks vacation, in the fol- lowing vacation year. (d Where at December five (5) years of receive three (3) vacation year. 31st, an employee has completed continuous service, he/she shall weeks vacation in the following ( c ) Where at December 31st in any year, an employee has completed one year continuous service, he/she shall receive two (2) weeks vacation in the follow- ing vacation year. Vacation pay shall be calculated at four (4%) 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 less than one year of continuous service, he/she shall receive two 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. (a Every employee shall be granted an annual vacation with pay according to his/her credited service as follows ) 2.02 For the purpose of computing vacation entitlement, the vacation year shall begin on January 1st and end on the following December 31st. 2.01 2. 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/her shift fall on the Paid Holiday. 1 . 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/her vacation. f"""' ,I " , 1/ '" 1 1.04 . 05 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 Em- ployer and the employee. 2 r 3 2.05 The prorating of vacation entitlement as outlined in Articles 2.03 and 2.04 shall not result in an employee being entitled to less than two weeks vacation in any year. 2.06 Total wages in this section shall include all money received by an employee but does not include (a) previously paid vacation pay (b) money paid on behalf of the employee to insurance plans (OHIP, LTD, Life, EHC). 2.07 In order to receive vacation pay in advance, an employee shall make a request in writing to his/her supervisor not less than two weeks in advance of the date his/her vacation is to commence. Such advance shall cover only the pay period or pay periods falling within the employee's vacation. 3. SICK LEAVE - 3.01 Each employee will be credited with one and one-half (H) days of sick leave at the end of each month of service. 3.02 An employee shall not be granted any sick leave credits until he/she 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. 3.03 \ihere 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: WORKING DAYS ABSENT MON1ELY SICK LEAVE CREDIT 0 - 3 1 t days 3t - 10 1 day lot - 17t t day 18 or more 0 Provided, however, that the above provision shall not apply to an employee: (a) Who does not work his/her regular shift because of emergency or other conditions beyond the control of the employee, or has been requested by his/her Supervisor to work different hours; (b) Who is on vacation; (c) Who is on a paid holiday; The above provisions shall, however, apply to an employee: (a) Who is absent because of illness or injury; (b) Who is absent without leave; (c) Who is absent without pay. 3.04 The unused portion of sick leave credits in anyone year shall be allowed to accumulate without limitation The Employer may grant leave of absence without pay to any employee for legitimate personal reasons. 5 . 01 5. PERSONAL LEAVE OF 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. ABSENCE 4 . 02 In the event of the death ofa member of an employee's immediate family, the immediate family being restricted 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, in~ clude normal days off and shall conclude o~ the day of the funeral. The employer will give full consideration to granting additional time off without pay upon appli- cation by the employee 4 . 01 4. COMPASSIONATE 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/her or his/her personal representative, or failing a personal representative to such other person as the Employer may determine, an amount computed on the basis of his/her 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/her sick leave credits, but the amount shall not exceed six (6) months pay. LEAVE OF ABSENCE 3 . 09 After an employee has had three (3) periods of sick leave of three (3) days or less within a calendar year, the Employer may refuse to pay for the fourth or sub- sequent period of sick leave, notwithstanding that the employee has accumulated sick leave to his/her credit. It is understood that this provision is an endeavor to eliminate abuses of sick leave and is in addition to any other disciplinary action which the Employer may deem fit to invoke. \~ere sick leave absence has been in excess of three (3) consecutive days the employee shall not be paid sick leave credits unless he/she fur- nishes the Head of his/her Department with a Doctor's Certificate or other explanations satisfactory to the Employer 3 . 08 To qualify and be paid sick leave from credits accumu- lated, an employee must give two (2) hour's notice of his/her 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 discharge is not reversed through subsequent proceedings, shall lose and forfeit all sick leave credits. I 3.06 3.05 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/she may receive the difference between his/her 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/she may receive sick pay to the extent that sick pay credits, if any, are available 4 Current County employees shall be advised of all staff vacancies, when such vacancies are being advertised in the newspaper. .. -~_._._~ ··..1, ,,' ........,) ..~-.'_.' 8 . 03 Employee does not include any casual, time employee unless stated otherwise. seasonal or part- 8 . 02 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/her ninety (90) day probationary period, unless stated otherwise in this or some related by-law. 8 8 . 01 . EMPLOYEES An employee who is actually at work for the Employer and has completed his/her 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/she 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 therefore. 7 7 . 01 . JURY DUTY 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% 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. 6 .04 Long Term Disability The Employer agrees to pay fifty (50%) per cent of the O.M.E.R.S. plan in respect of pension, in accordance with the County of Elgin By-Law No. 1838, as amended by By-Law No. 2059. (L.T.D ) Employees Retirement System (O.M.E .R.S ) 6.03 Ontario Municipal 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) ) 6 . 02 Extended Health Care The Employer agrees to pay one hundred (100%) per cent of the billing rate of the Ontario Health Insurance Plan (O.H.I.P.) for all employees eligible under the plan- (E .H.C .P. ) 6 6 01 Ontario Hospital Insurance Plan (O.H I . 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 em- ployee 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 I 5 5.02 . 03 Employees who are on leave of absence will not be con- sidered to be laid off and their seniority shall continue to accumulate during such absence ,'1 I' - 6 9. RETIREMENT 9.01 Retirement in this by~law, means having attained the age of sixty-five (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, con- tinue his/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 _ 11.01 Vacation pay for casual or seasonal employees shall be paid in accordance with the Employment Standards Act. 11.02 Employees hired for the Road Department on a seasonal basis, not to exceed six (6) months, shall be exempt from qualifying for the usual fringe benefits extended to regular employees, upon completion of their proba- tionary period. However, in the event the employee is subsequently, without a break in employment, hired as full time, he/she shall immediately be eligible for the benefits based on the period èmployed. 12. MILEAGE RATES _ 12.01 The following rates shall be paid to all county employees using their own private cars: Effective January 1st, 1978 o - 5,000 miles 20¢ per mile Over 5,000 miles 17¢ per mile Effective May 1st. 1978 o - 3,000 miles 22.5¢ per mile Over 3,000 miles 20.0¢ per mile 13. That By-Law No. 2460 be, and the same is hereby repealed. 14. This by-law shall become effective January 1st, 1978, unless otherwise noted. READ a first time this 21st day of June, 1978. READ a second time this 21st day of June, 1978. READ a third time and finally passed this 21st day of June, 1978. 7 ~ A _---~I...Æ..,<.Þ-c-:-,. ~~ :1 -<- . )/l4-t:/' G C. Leverton, L R. Carroll, Clerk. Warden.