79-46
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 crêdit for the said H@liday at straight time and
in addition will receive two and one-half (2~) times
his/her regular rate of pay for all hours worked on the
Paid Holiday
Pay at the rate 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 thirty (30) days following the holiday
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(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
(b)
The employee is not absent on
being scheduled to work
shall
the paid holiday after
at
,
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
(
provided that
a
)
*For all employees, exclusive of Elgin Manor and Terrace
Lodge, November 11th will be substituted for the "Second
Monday in February"
New Year's Day
*Second Monday of February
Good Friday
Easter Monday
Victoria Day
Dominion Day
Civic 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
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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 or considered
in the management category be and are hereby entitled to the
following fringe benefits:
PAID HOLIDAYS
wishes
of its
ment
AND WHEREAS the Corporation of the County of Elgin
to provide similar fringe benefits for the remainder
employees who are not included in a Collective Agree-
WHEREAS some employees of the County of Elgin are
working under a Collective Agreement which 'includes certain
fringe benefits
AGREEMENT OR
INCLUDED
IN THE MANAGEMENT CATEGORY
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OF THE COUNTY 'OF 'ELGIN 'WHO ARE NOT CÓVERED'BY A COLLECTIVE
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BEING A BY-LAW TO PROVIDE FRINGE BENEFITS
By-Law No
COUNTY OF ELGIN
'c
79-46
TO ALL EMPLOYEES
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 calculated on the basis of
actual time on the payroll during which he/she is in
receipt of remuneration from the employer
2
03
(0
Every employee who does not otherwise qualify under
the provisions of this section, shall be paid in
accordance with "The Employment Standards Act
Vacation pay for (c), (d) and (e) shall be based
on his/her normal work week and his/her regular
rate of pay, but shall not include overtime or
other increments
Where at December 31st
fourteen (14) years of
shall receive five (5)
lowing year
an employee has completed
continuous service, he/she
weeks vacation, in the fol-
(e)
Where at December 31st, an employee has completed
eight (8) years of continuous service, he/she shall
receive four (4) weeks vacation, in the following
vacation year
(d)
(
c
)
Where at December 31st, an employee has completed
four (4) years of continuous service, he/she shall
receive three (3') weeks vacation in the following
vacation year
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
pay according to his/her credited service
vacation with
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
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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/her shift
fall on the Paid Holiday
1
06
If one of
vacation,
off which
the paid holidays occurs dbring an employee
the employee will .receive an additional day
may be added to his/her vacation
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05
04
If one of the paid holidays occurs on an employee's
regular day off, the employee will rec~~ife an extra
day off within thirty (30) days followi~g the holiday,
and at a time that is mutually agreed Dpon between the
Employer and the emPtoyee
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2.04 An employee's vacation and vacation pay entitlement shall
be based upon continuous service performed for the
employer during the previous vacation year, in accoj¡dance
with the provisions ~f this Article.
2.05 The prorating of vacation entitlemâîRlt as outlined, in
Articles 2.03 and 2.04 shall not reßult in an employee
being entitled to less than two weeks vacation in any
year.
2.06 Total wages in this section shall includ~~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 supervispr
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 em-
ployee's vacation.
3. SICK LEAVE -
3.01 Each employee will be credited with one and one-half
(l~) days of sick leave at the end of each month of
service.
3.02 An employee shall not be granted an) 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 (4~)
days sick leave.
3.03 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:
WORKING DAYS ABSENT MONTHLY SICK LEAVE CREDIT
0 - 3 l~ days
3~ - 10 I day
10~- 17~ ~ day
18 or more 0
Provided, however, that the abov'e provision shall not
apply to an employee:
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(a) Who does not work his/her regular shift because of
emergency or other conditions beyond the control
o~ theempl~yee, or has been reque$ted by his/her
Supervisor to work different hours;
(b) Who is on vacation;
(c) Who is on a paid holiday;
The above provisions shall , however, apply to an employee
(a) Who i$ 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
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
or ,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 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,
include normal days off and shall conclude on the day
of the funeral. The employer will give full consider-
ation to granting additional time off without pay upon
application, by the employee
4.01
4
COMPASSIONATE LEAVE OF ABSENCE ,_
An employee,
pregnancy or
pay
who is absent from employment due to
childbirth, is not eligible for sick
leave
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/her or, his/her personal
representative, or failing a personal representative
to such other person as the Employer may determine,
amount computed on the basis of his/her rate of pay
the date of leaving the employ of the County for a
period equal to fifty (50%) per cent of the value
his/her sick leave credits, but the amount shall
exceed six (6) months pay
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of
not
an
at
3.09
any
deem
in excess
shall not
furnishes
Certificate
Employer
After an employee has had ~hree (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
other disciplinary action which the Employer may
fit to invoke. Where sick leave absence has been
of three (3) consecutive days the employee
be paid sick leave credits unless he/she
the Head of his/her Department with a Doctor
or other explanat~ons satisfactory to the
s
3.08
3.06
3.07
discharged for cause, whose discharge
through subsequent proceedings, shall
all sick leave credits.
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To qualify and be paid sick leave from credits accumu-
lated, an employee must give two (2) hours 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
Any
not
and
employee
reversed
forfeit
is
lose
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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, a~
awarded by the Workmen I s Compensatìi¡lOn Board, he/she may
receive the difference between his1her regular pay and
the Board's award if unused sick leave credits a~e
available for the purpose. If such e~ployee is not
eligible for Workmen's Compensation, he/she may receive
sick pay to the extent that sick pay credits, if any,
are available
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The Employer agrees to pay fìfty (50%) per cent of the
premium of term life insurance, in the amount of two
times the employee's annual salary, to the nearest $500.00
providing 75% of the employees wish to participate. All
new employees will be required to participate as a con-
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6.06
LIFE
The Employer agrees to pay fifty (50%) per cent of the
premium of a dental plan (Blue Cross #9 or equivalent)
providing 75% of the eligible persons wish to participate
All new emploýees will be required to participate as a
condition of employment, unless proof that the person
has a similar coverage through a spouse's employment is
provided. In this case the person would not be considered
an eligible applicant
INSURANCE
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.05
DENTAL
The Employer agrees to pay sixty (60%) 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 $1,500.00. The present plan, through Mutual
Life of Canada, calls for a qualifying period of 120
days or expiration of sick leave, whichever is greater.
Upon completion of. the probationary period, all employees
not covered by a collective agreement, shall as a con-
dition of employment, become members of the Long Term
Disability plan. (Increase in County contribution to
60% and new maximum of $1,500.00 to be effective May 1
1980.)
Long Term Disability
6
04
(L.T.D
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
)
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).
Employees
Retirement pystem
(O.M.E
.R
S
)
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 emploýees eligible under the
plan
(E.H.C
)
6.
6.01
Ontario Hospital
Insurance Plan
(O.H
I
P
)
HEALTH AND WELFARE -
Employees who are on leave of absence will not engage
in gainful employment while qn 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 Em-
ployer be considered as a voluntary quit
5.03
Employees who are on leave of absence will not be
considered to be laid off and their sehiority shall
continue to accumulate during such absence
5.02
The Employer may grant leave of absence without
any employee for legitimate personal reasons
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5.
5.01
PERSONAL LEAVE OF ABSENCE
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5
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pay
to
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7. JURY DUTY
7 .01 An employee who is actually at work for the Employer
and has completed his/her probationary period and j~
called for service on Jury Duty shall be entitled (:,
receive from the Employer the difference in pay between
the Jury Duty pay and what he/she would have re~ei~ed
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.
8. EMPLOYEES -
8.01 In this by-law, employees means any salaried officer,
clerk, workman, servant or any other person in the emplby
of, the County of Elgin, who has completed his/her ninetý
(90) day probationary period, unless stated otherwise
in this or some related by-law.
8.02 Employee does not includeftany casual, seasonal or part-
time employee unless stated 'Otherwise. _
8.03 Current County employees shall be advised of all staff
vacancies, when such vacancies are being advertised in
the newspaper.
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, continue,
his/her employment on a yearly basis.
9.04 All cash liabilities for sick credits and vacation, for
employees who are allowed to work beyond the age of 65
years, be settled at the time of normal retirement and
that no future liabilities be accepted for sick credits
and vacation be paid at the following rates:
Entitled to less than 3 weeks vacation - 4% of total earnings
Entitled to 3 weeks vacation- 6% of total earnings
Entitled to 4 weeks vacation - 8% of total earnings
Enti tIed to 5 weeks vacation - 10% of total earnings.
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10. SALARY INCREMENT -
10.01 Employees starti~g employment with the County of Elgin
prior to September 1st, in any year will be eligible for
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 be eligible
for their first annual increment on the first pay after
January 1st of the second following year.
10.03 Increments are not to be considered automatic because
of completing service as indicated above.
11. CASUAL OR SEASONAL EMPLOYEES -
11.01 Vacation pay for casual or seasonal employees shall be
paid in accordance with the Employment Standards Act
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11.02 Employees hired for the Road Department on a seaso",",,,l
basis not to exceed six (6) months, shall be exempt
from qualifying for the usual fringe benefits exten~ed
to regular employees, upon completion of their proba-
bionary 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 employed, with the exception
of benefits for O.M.E.R.S:
12. MILEAGE RATES
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12.01 The following rates shall be paid to all county employees
using their own private cars:
o - 5,000 miles 25¢ per mile
Over 5,000 miles 21¢ per mile.
13. This by-law shall become effective January 1st, 1980,
unless otherwise noted.
READ a first time this 13th day of December, 1979.
READ a second time this 13th day of December, 1979.
READ a third time and finally passed this 13th day of December 1979
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G C. Leverton L A. Longhurst
Clerk Warden..