84-10
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COUNTY OF ELGIN
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¡ By-LAW No. 84-10
"BltING A BY-LAW TO PROVIDE FRINGE BENEFITS TO ALL EMPLOYEES OF THE
COUNTY OF ELGIN WHO ARE NOT COVERED BY A COLLECTIVE AGREEMENT OR
INCLUDED IN THE MANAGEMENT CATEGORY,"
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. .r.~ID HOLIDAY~
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 following
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
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1.05 If one of the Paid Holidays occurs during an employee's vacation i
the employee will receive an additional day off which may be I
added to his/her vacation.
1.06 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.
2. VACATIO~§.
2.01 For the purpose of computing vacation entitlement, the vacation
year shall begin on January 1st and end on the following
December 31st.
2.02 Every employee shall be granted an annual vacation with pay
according to his/her credited service as follows:
(a) 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 follow-
ing vacation year. Vacation pay shall be calculated
at four (4%) percent of total wages during the twelve
months immediately preceding December 31st.
(b) Where at December 31st, in any year, an employee has
completed one )ear continuous service, he/she shall
receive two (2 weeks vacation in the following vaca-
tion year. Vacation pay shall be calculated at four
(4%) percent of total wages, during the twelve months
immediately preceding December 31st or two weeks
regular pay, whichever is the greater.
(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.
(d) 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.
(e) Where at December 31st, an employee has completed
fourteen (14) years of continuous service, he/she
shall receive five (5) weeks vacation, in the follow-
ing vacation year.
(f) 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.
(g) 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:
Hours Worked as
of December 3ls!
Less than 8,320 4% of prior year's earnings
Over 8,320 6% of prior year's earnings.
Payment shall be subject to limitations as outlined in
Subsection (f).
(h) Every employee who does not otherwise qualify under the
provisions of this section, shall be paid in accordance
with "The Employment Standards Act".
2.03 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.
2.04 An employee's vacation and vacation pay entitlement shall be
based upon continuous service performed for the Employer during
the previous vacation year, in accordance with the provisions
of this Article
F 2.05 Tho prmuof of v",aUoo e:'::uemeoe ao ouruoed '0 ArUdoe - ...~
2.03 and 2.0 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 must
make a request, in writing, to his/her Supervisor in time for it
to be included with the last pay prior to the employee's vaca-
tion. This will mean that the normal paycheque/direct deposit
will be increased by the amount of the advance. SUCH ADVANCE
SHALL COVER ONLY THE PAYDAY(S) FALLING WITHIN THE EMPLOYEE'S
VACATION PERIOD.
2.08 Annual vacation credits must be used in the year for which they
were earned and no carry-over to the next year will be allowed.
2.09 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.
3. gCKbEAVE (Ne.!Lflanl
3.01 Each non-union employee, upon completion of three months con-
tinuous service with the County, shall be eligible for the new
short term disability benefit. ~,
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3.02 Benefits as outlined below (3.03) will commence on the first day
of disability due to a non-occupational accident or sickness and
will be payable for up to 75 days in any calendar year.
3.03 Insur~-ª-Da~
Length of Service 66 2/3 of
(At December 31st) Full ~alary _Salary""""
3 months but less than 1 year 5 70
1 year but less than 2 years 10 65
2 years but less than 3 years 15 60
3 years but less than 4 years 20 55
4 years but less than 5 years 25 50
5 years but less than 6 years 30 45
6 years but less than 7 years 35 40
7 years but less than 8 years 45 30
8 years but less than 9 years 55 20
9 years but less than 10 years 65 10
Over 10 years 75 0
3.04 Full salary days will automatically be reinstated at January 1st
of each year, based on the <length of service at that time,
whether off sick at the time or working.
3.05 These days may not be used to top up Workers' Compensation.
3.06 An employee absent on a Statutory Holiday will be charged as one
day. In order to qualify for a Statutory Holiday it is neces-
sary to work on both the day before and after the employee is
scheduled to work.
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3.07 An employee is entitled to receive the County's contribution
towards any benefits as long as they appear on the payroll.
3.08 Any days to the credit of the employee contain no cash value, on
termination of employment, by reason of retirement or otherwise.
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 arxange 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
OF ABSENCE
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COMPASSIONATE LEAVE
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Any employee with accumulated sick leave days, with less than
five years of continuous service, at the date of terminating
and freezing of the sick leave plan, will be entitled to
receive all the benefits outlined above, once they have com-
pleted five years of continuous employment
3A.08
3A.07
Any employee with accumulated sick days in
retain those excess days to top up the new
payments from Workers' Compensation
excess of 260 will
short term plan, Or
The 10% draw will be calculated at the current rate of pay, as
of April 1st each year, and in the event new rates of pay are
established subsequent to the payment of the draw and made
retroactive to April 1st or prior, an adjustment will be
required to the amounts paid, recalculated at the new rates
3A.06
Where the total
than $1,000.00,
amount owing
value of the vested accumulated days is less
the entire value will be paid to clear up the
3A.05
Where the 10%
value of the
minimum
draw amounts to less than $1,000
vested accumulated days exceed $1
payout will be $1,000.00
.
,
00 but the
000.00. the
total
3A.04
In addition, an employee will be allowed to deplete their
accrued sick leave days (maximum of 130) to a maximum of
approximately ten percent (10%) in any calendar year, calcu-
lated on his/her current rate of pay. For every day paid, two
days will be deducted from an employee's accumulated days. All
requests, for draws of approximately 10%, must be in the hands
of the Department Head by November 15th each year, with payment
being included with the first pay ending in the month of April
of the next year
3A.03
In the meantime, an employee may use his/her frozen sick leave
days to supplement the new short term disability plan, or pay-
ments from Workers' Compensation.
3A.02
Effective June 30th, 1983, the present sick leave plan will
terminate and all existing gratuity sick leave benefits will be
frozen. Each employee will receive 50% of the value of his/her
vested accumulated days upon termination of employment or
retirement, based on the daily rate in effect at that time to
a maximum of 130 days
3A.Ol
3A
SICK1EAVE_lold Plan)
An employee
childbirth,
who is absent from
is not eligible for
employment due to pregnancy or
sick leave pay.
3.10
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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 five
(5) 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
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Dental (1980 O.D.A Fee Guide)
The Employer agrees to pay seventy-five (75%) percent 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)
6
.06
as
During the first two (2) years of income payments the disability
must prevent the employee from performing the duty relating to
his/her regular joQ. After that time the income benefit will
continue if the disability prevents the employee from engaging
in ~gyemploym~ for which he/she is reasonably qualified by
education, training or experience
Long Term Disability (LTD)
The Employer will reimburse the employees 100% of the premium
a long term disability insurance plan. The plan will provide
for the payment of 55% of the employee's monthly earnings, to
maximum of $3,000.00. A waiting period of 75 working days is
required before the benefits under this plan take effect. The
premium will be taxable while the benefit will not. Upon com-
pletion of the probationary period, all employees, not covered
by a collective agreement, shall as a condition of employment,
become members of the long term disability plan
Disability is defined follows
a
of
6
05
Ontario Municipal Employees Retirement System (OMERS)
The Employer agrees to pay fifty (50%) percent of the
in respect of pension, in accordance with the County
By-Law No. 1838, as amended by By-Law No. 2059
OMERS plan
of Elgin
6
04
Extended Health Care (EHC)
The Employer agrees to pay one hundred (100%) percent of the
billing rate of Ontario Blue Cross Extended Health Care coverage
($10.00 - $20.00 deductible)
6.03
Semi-Private Hospital Insurance
The Employer agrees to pay one hundred (100%) percent of the
billing rate of the Ontario Blue Cross Semi-Private Hospital
coverage for all employees eligible under the plan
6
.02
Ontario Hospital
The Employer agrees
billing rate of the
employees eligible
Insurance (OHIP)
to pay one hundred (100%) percent of
Ontario Health Insurance Plan (OHIP)
under the plan
the
for all
6
01
Plan
6
HEALTH¿ND 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
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
employee for legitimate personal reasons
5
01
without pay to any
roo'
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4.02
PE3S0NA~ LEAVE Qf ABSENC~
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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 gr~nted without loss of
regular pay where necessary to enable the employee to attend·the
funeral.
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7. 1l!RY /WITNESS DUll
7.01 An Employee serving as a Juror or who has been subpoen~ed as a
Crown Witness shall receive the difference between his/her Jury
or Witness pay and his/her regular pay for the lost time while
serving in one of those capacities. A subpoena or legal notice
for such duty will be provided to the Employer in such an
instance of Jury or Witness Duty. The employee shall provide
the Employer proof of hours engaged on Jury Duty or as a Witness
and proof of payment therefore.
8. EMPLOYEE,ê
8.01 In this by-law, employees means any salaried officer, clerk,
workman, servant or any other person in the em)loy 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 not include any casual, seasonal or part-time
employee utlless 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
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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 are 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 employ-
ment 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 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 INCR];llilli!
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 of 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. fMUAL, OR SM.2.QNAL 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
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12. MILEAGE RAT.!2.ê
12.01 All County emplQyees shall be reimbursed for using their personal
vehicles for County business, at rates to be established, by
by-law, from time to time.
13. That By-Laws No. 81-42, 81-66, 82-20, 82-30 and 83-30 be, and the
same are hereby repealed.
14. This by-law shall become effective upon passing.
READ a first time this 29th day of March 1984.
READ a second time this 29th day of March 1984.
READ a third time and finally passed this 29th day of March 1984.
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G C. Leverton E. H. Marr
Clerk Warden