81-42
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COUNTY OF ELGIN
By-Law No. 81-42
"BEING A BY-LAW TO PROVIDE FRINGE BENEFI'tS TO ALL EMPLOYEES OF THE
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£QQNTY OF ELGIN WHO ARE NOT COVERED BY A COLLECTIVE AGREEMENT OR
INCLUDED IN THE MANAGEMEN't CATEGORY."
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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 Agreement.
NOW THEREFORE the Municipal 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 manage-
ment category be and are hereby entitled to the following fringe
benefits:
1. PAID HOLIDAYS
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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 reasonable
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 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.
1.03 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 straight time and in addition will receive
two and one-half (2\) time his/her regular rate of pay for all
hours worked on the Paid Holiday.
1.04 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
I
An employee's vacation and vacation pay entitlement shall be
based upon continuous service performed for the Employer during
the previous vacation year, ih 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 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
Every employee who does not otherwise qualify under
the provisions of this section, shall be paid in
accordance with "The Employment Standards Act"
(h)
Hours Worked as
~f Dece~~3lst
Less than 8,320
Over 8,320
4%
6%
Payment shall be subject to
in Subsection (f)
of
of
limitations
as
prior year
prior year
s
s
earnings
earnings
outlined
Every employee who is engaged on a regular part-time
basis and not covered by a working agreement, shall
be paid as follows for vacation pay:
(
g
)
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
(f)
Where at December 31st
fourteen (14) years of
shall receive five (5)
ing vacation year
an employee has completed
continuous service, he/she
weeks vacation, in the follow-
(e)
(d)
(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 following vaca-
tion year. Vacation pay shall be calculated at four
(4%) per cent of total wages, during the twelve months
immediately preceding December 31st or two weeks
regular pay, whichever is the greater.
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, an employee has completed
eight (8) years of continuous service, he/she shall
receive four (4) weeks vacation, in the following
vacation year
(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 cal-
culated at four (4%) per cent of total wages during
the twelve months immediately preceding December 31st
Every employee shall
according to his/her
(a)
be granted an annual vacation with pay
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
2
01
VACATIONS
It is understood and agreed that an employee is entitled to
receive the benefits provided in this Article for work per-
formed 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
1
06
05
If one of the paid holidays occurs during an employee's vaCa-
tion, the employee will receive an additional day off which may
be added to his/her vacation
2
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
3.05
The unused portion of sick leave credits in anyone year
be allowed to accumulate without limitation.
3
04
(a)
(b)
(c)
Who
Who
Who
(b)
(c)
The
Who
Who
above
Who does not
emergency or
the employee,
supervisor to
is
is
on vacation
on a paid holiday
provisions shall
is absent because
is absent without
is absent without
pay
however, apply to
of illness or injury
leave
shall
an
employee
work his/her regular shift because of
other conditions beyond the control of
or has been requested by his/her
work different hours;
Provided, however
an employee:
(
a)
0-3
3\ - 10
10\ - In
18 or more
that the above provision
ll¿
1
k
2
o
days
day
day
days
shall
not apply to
WORKING DAYS ABSENT
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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 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
3.02
Each employee will be credited with one and one-half
of sick leave at the end of each month of service
3
3
01
SICK LEAVE
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(1\)
days
Employees who are retiring are required to liquidate all vaca-
tion time owing (including current year) prior to their date of
retirement. This will result in no lump sum payments for unused
vacation time
2
.09
Annual vacation credits must be used in the year for which they
were earned and no carryover to the next year will be allowed.
2
08
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 com-
mence. SUCH ADVANCE SHALL COVER ONLY THE PAY PERIOD OR PAY
PERIODS FALLING WITHIN THE EMPLOYEE'S VACATION
2.07
(a)
(b)
money
plans
vacation pay
paid on behalf of the employee
(OHIP, LTD, Life, EHC)
to
insurance
Total wages
an employee
previously paid
in this
but does
section shall
not include
2
2
05
06
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.
. . . .
include
.0
all
money received by
Ontario Hospital
The Employer agrees
billing rate of the
employees eligible
Insurance
to pay one hundred (100%) per
Ontario Health Insurance Plan
under the plan
cent of the
(OHIP) for
all
6
.01
!:!EA1TI!¿'.@ WELFA,ߧ
Plan
(OHIP)
6
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 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 pay to any
employee for legitimate personal reasons
5
01
5
PERSONAL LEAVE OF ABSENCE
In the case of
father-in-law,
grandmother, up
regular pay where
funeral
the death of the employee's mother-in-law,
brother-in-law, sister-in-law, grandfather or
to one day may be granted without loss of
necessary to enable the employee to attend
the
4.02
In the event of the death of a member of an employee's immediate
family, the immediate family being reBtricted 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 consideration to granting
additional time off without pay upon application by the employee
4.01
4
QQ~SIONATE LEAVE OF ABS~§
An employee
childbirth,
who is absent from
is not eligible for
employment due to pregnancy or
sick leave pay.
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/her or his/her personal representative, or failing a per-
sonal 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
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 subsequent period of sick leave
notwithstanding that the employee has accumulated sick leave to
his/her 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/she furnishes 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 accumulated, 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
3
3
07
06
Any employee discharged for cause, whose
reversed through subsequent proceedings,
all sick leave credits
- ... -
discharge is not
shall 10se and forfeit
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6.02 Semi-Private Hospital Insurance
The Employer agrees to pay One hundred (100%) per cent of the
billing rate of the Ontario Blue ,Cross Semi-Private Hospital
coverage for all employees eligible under the plan.
6.03 Extended Health Care (EHC)
The Employer agrees to pay one hundred (100%) per cent of the
billing rate of Ontario Blue Cross Extended Health Care coverage
($10.00 - $20.00 deductible).
6.04 Ontario Municipal Employees Retirement System (OMERS)
The Employer agrees to pay fifty (50%) per cent of the OMERS
plan in respect of pension, in accordance with the County of
Elgin By-Law No. 1838, as amended by By-Law No. 2059.
6.05 Long Term Disability (LTD)
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 $2,300.00.
The present plan, through Mutual Life of Canada, calls for a
qualifying period of 120 days or expiration of sick leave,
whichever is greater. Upon completion of the probationary per-
iod, all employees, not covered by a collective agreement, shall
as a condition of employment, become members of the Long Term
Disability plan.
6.06 Dental
The Employer agrees to pay fifty (50%) per cent of the premium
of a dental plan (Blue Cross #9 or equivalent). All new employees
will be required to participate as a condition of employment,
unless proof that the person has a similar coverage through a
spouse's employment is provided. In this case the person would
not be considered an eligible applicant. This dental coverage
does not apply to persons employed in the Roads Department (Office
and Outside).
7. JURY DUTY
7.01 An employee who is actually at work for the Employer and has com-
pleted his/her probationary period and is called for service on
Jury Duty shall be entitled to receive from the Employer the
difference in pay between the Jury Duty pay and what he/she would
have received from the Employer, computed at straight time for
the time necessarily and actually spent on Jury Duty during the
hour$ 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
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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/her ninety (90) day probationary
period, unless stated otherwise in this or some related by-law.
8.02 Employee does hot include any 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 ~arlìer 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
jJ
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0
9.03 An employee having reached the Normal Retirement age may. at the
pleasure of the Elgin County Council, continue his/her employ-
ment on a yearly basis.
9.04 All cash liabilities for sick credits and va'cation, for employees
who are allowed to work beyond the age of sixty-five (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
Entitled to 5 weeks vacation - 10% of total earnings.
10. SALARY INCREMENT
10.01 Employees starting 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 com-
pleting service as indicated above.
11. ~AL OR SEASO~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 Roads 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 probationary 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 OMERS.
12. MILEAGE RATES
12.01 The following rate shall be paid to all County employees using
their own private cars on County business:
30¢ per mile.
13. That By-Laws No. 79-46, 80-28, 80-40 and 80-64 be, and the same
are hereby repealed.
14. This by-law, shall become effective upon passing.
READ a first time this 9th day of September, 1981-
READ a second time this 9th day of September, 1981.
READ a third time and finally passed this 9th day of September, 1981
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G C. Leverton, K E. Monteith,
Clerk Warden