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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 " ;:1 , ,¡ :;1 " ,:! I I " , (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 1 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 " ,I, OF THE COUNTY 'OF 'ELGIN 'WHO ARE NOT CÓVERED'BY A COLLECTIVE r"-' """.:..'.:: ,~iSirj::'..·:·...··:· ;]';e:: 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 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/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 .c 1 1 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 , ~ 2 s ._we ~~'_?"":" y,-,- 3 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: \ (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 I 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. \ 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 F,'é" :>' 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 - 4 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- A -t +- -t ""....... .......+: ....~~, ......77_".-...f- 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 6 .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 ..~ ...õici". JÚ'>;'; " 5. 5.01 PERSONAL LEAVE OF ABSENCE j, 5 , pay to r ·",f - 6 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. , 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 ,A 7 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 / 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 :s: ~~^-"---<. ¡L.~ /!a,~ - - t7' G C. Leverton L A. Longhurst Clerk Warden..