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85-57 ~ G. C. Leverton Clerk. y:...-,,-./ -7 Y :() %~~~-~--~-, .. Lavereau, Warden. -~_/ READ a third time and finally passed this 20th day of November 1985 READ a second READ a first time this time this 20th day of November 20th day of November 1985 1985 2 1. That the attached "Personnel Policy Manual" marked Schedule "A" be formally adopted and apply to all full~time staff not covered by collective agreements. That this by-law be effective January 1st 1986 NOW THEREFORE the Municipal Council of the Corpora- tion of the County of Elgin enacts as follows WHEREAS the Personnel Committee has received, reviewed and amended various personnel policies for inclusion in a said manual WHEREAS County Council engaged an outside firm to review present policies and suggest others for inclusion in a written "Personnel Policy Manual", for employees who do not have these presently documented in a written collective agree- ment: and WHEREAS policies concerning the employment, con~ ditions and various other aspects dealing with full-time employees, not covered by collective agreements, have been both written and/or understood by usage over a period bf time and FULL-TIME STAFF NOT COVERED BY A COLLECTIVE AGREEMENT 'BEING A BY~LAW TO FORMALLY ADOPT PERSONNEL POLICIES FOR ALL " r"'"' By-Law No COUNTY OF ELGIN 85-56 f' '"", """,' -~, -,'- ..',.'.,.:,<._....".::.;....:.. _IJ;< ~. :J~'.~r --'-~t-----·~ ---:---~~--".L- ),-",. '. Schedule All COUNTY OF ELGIN PERSONNEL POLICY MANUAL 1. APPLICATION (a) Policies in this manual apply to all full-time staff not covered by a collective agreement. (b) Part-time, temporary and contract staff shall be covered by these policies only if specifically mentioned. 2. EMPLOYEE STATUS - DEFINITIONS (a) Full-time staff are those employees who regularly work the standard weekly hours for the Department as specified in Section 13, for 52 weeks each year on a continuing basis. (b) Permanent part-time staff are those employees who regularly work less than the standard weekly hours specified for the Department on a continuing basis. (c) Temporary staff are those employees who are hired for a period of time which mayor may not be defined and whose condi- tions of employment are not set out in a written contract. (e) Department Heads are the: Clerk-Treasurer; County Engineer Director, Homes for Senior Citizens; Director of Social Services County Librarian. (f) Management staff are the: Assistant Engineer; General Superintendent; Assistant General Superintendent; Engineering Technician; Roads Office Co-Ordinator; Deputy Clerk-Treasurer; Assistant Homes Administrator; Director of Nursing; Building Supervisor (Homes); Assistant Director of Nursing; Dietary Supervisor; Deputy Librarian. 3. EMPLOYMENT 3.01 Hiring Procedure (a) Authorization for the creation of all new positions shall.be given by the appropriate Standing Committee before any recruiting activities begin. (b) The Personnel Committee shall advertise for, interview and select staff to fill the positions of Department Head and Assistant/Deputy to the Department Head. (c) The Department Head shall have the authority to hire all staff below the level of Assistant/Deputy and shall personally carry out necessary recruiting/selection procedures, unless dele- gated to an appropriate individual within the Department. (d) Vacancies for all full-time and permanent part-time posi- tions not covered by a collective agreement, including Department Head and Assistant/Deputy, shall be posted in all Departments. If, in the opinion of the individual recruiting, the posting does not generate a sufficient number of suitable applicants, he/she may commence advertising. (e) Positions other than those noted above may be posted at the Department Head's discretion. (f) All full-time and permanent part-time hirings shall be reported to the appropriate Standing Committee. 3.02 Employment of Relatives (a) No member of an employee's immediate family, as defined in Section 19 (c) as well as his/her niece or nephew shall be hired to fill any position within the employee's department " ----'-1 ~t:~:%N/?{,:,D;·; , . "!, ')' 3. EMPLOYMENT cant inued - 2 " " 3.03 Pre-employment Medicals All applicants for full-time and permanent part-time positions shall have a pre-employment medical at the County's expense prior to commencing work. Such medicals shall be performed by a physi- cian designated by the County. Employees of Elgin Manor and Terrace Lodge will have annual medicals performed by their own physician, as set out in the regulations under the Homes for the Aged Act. 3.04 Relocation Expenses Moving and other relocation expenses in connection with assuming a position with the County will not be paid unless specifically authorized by the Personnel Committee. 3.05 Probationary Period - New Employees (a) The first 120 days worked, including paid holidays, for a full-time management employee shall be a probationary period. Prior to the end of this period, each such employee shall be given a performance review. If satisfactory, the Department Head will confirm the individual's employment by letter. (b) If not satisfactory, the employee must be terminated before the end of the period or the Department Head may authorizè one extension of a further 60 days worked. A review must again be given as above and the employee confirmed or terminated. (c) The probationary period for non-management employees shall be 60 days worked and the above procedures shall apply. (d) Reports on the progress of new Department Heads and Assistants/Deputies shall be provided to the Personnel Committee by the Standing Committee by the 40th and 80th day of the proba- tionary period. The performance review specified at thè end of the period shall be carried out by the Standing Committee and reported to the Personnel Committee. (e) The Department Head may terminate an employee during his/ her probationary period and there will be no appeal against such action. 3.06 Probationary Period - Internal Transfers Employees transferred to other Departments will have the first 60 days worked treated as a probationary period and be subject to a performance review before the end of the period as described above. Department Heads are under no obligation to offer rein- statement in the previous Department to employees who do not succeed in their new position. 3.07 Conflict of Interest Because of possible interference with their own jobs, employees must not perform work for a supplier of goods or services to the County, unless prior approval is given by the Department Head. Violation of this policy will lèad to disciplipary action. 4. DISCIPLINE (a) The Department Head and the employee's immediate supervisor are responsible for enforcing fair and consistent discipline within the Department. Disciplinary measures can include repri- mands, formal warnings, suspensions without pay and terminations. The Department Head must be consulted before any action is taken, except for reprimands. (b) Subject to the duties of Head of Council as specified in The Municipal Act, disciplinary procedures for Department Heads shall be initiated by Council as a whole .,""' .:'.' " . ~ ' ... . ., '- .. ~"-"'" '- " 3 5. WARNING PROCEDURE In all cases where there is a possibility that an employee may have to be terminated, a warning procedure should be followed. Suggested steps in such a procedure are: 5.01 Informal Warning The supervisor should tell the employee of the nature of the pro- blem and offer help in its solution. A date should be set for a review of progress. A written summary, as described in Step B, is not necessary except where serious problems are encountered. 5.02 Formal Warning This should take place on the date set in Step A. The supervisor should stress the seriousness of the situation and note future consequences if there is no improvement. A new review date should be set and help offered once more. Unless it would impede problem-solving, another staff member should be present as a witness. Immediately after the interview, the supervisor must write a summary of the proceedings noting the date, steps to be taken by both sides and the consequences discussed. Copies must go to the employee's central personnel file, the employee and the Department Head. 5.03 Final Warning A second person designated by the employer must be present during this interview which should be conducted by the Department Head. It must be stressed that this is the final warning with termina- tion the next step. Help should again be offered, but an end date for the procedure must be set. If appropriate, the employee may be suspended without pay at this point to reinforce the seriousness of tþe situation. The suspen- sion must be for a specific period and should commence immediately after the interview. The Personnel Committee should be consulted before a suspension is given to obtain authorization for the action and to determine reasonable notice if termination becomes necessary. A summary of all proceedings should be written and distributed as before. 5.04 Termination Interview A witness must be present at this time. Only the facts of the case should be dealt with and, if appropriate, the employee should be asked to leave the premises and turn in keys and other security items. A summary of the proceedings should be placed in the personnel file. The employee's final cheque, with all deductions made, should be forwarded to him/her at the earliest opportunity. IN SOME CASES, MORE OR FEWER STEPS MAY BE NEEDED, DEPENDING ON THE CIRCUMSTANCES. 6. TERMINATIONS 6.01 Authority (a) Department Heads shall recommend to the appropriate Standing Committee the termination of full-time and permanent part-time staff who have completed their probationary period. (b) Department Heads have the authority to terminate temporary and contract staff and employees who have not completed their probationary period 4 ""'1 6. TERMINATIONS continued 6.01 Authority continued (c) Terminations of Department Heads shall be authorized by Council with regard to rights to hearings under statute. 6.02 Termination Date The termination date for all employees shall be the last day worked except for cases of resignation and retirement (see Sections 6 D, and 7). All benefits shall cease on the date of termination. 6.03 Types of Terminations and Notice Periods (a) End of contract period The end of the period stated in the contract shall be the ter- mination date for contractual employees, unless that period is extended in writing with another end date. No notice or pay in lieu of notice shall be given to contractual employees unless specifically stated in the contract. (b) Layoff i. Layoff under the Employment Standp.rds Act are interrup- tions of employment for 13 weeks or less.. ii. Notice is not required in layoff, but Department Heads should, if possible, give at least seven calendar days notice in such cases. iii. Layoff shall be on the basis of service with the County and ability to do the job. The employee with the shortest ser- vice shall be laid off first unless this leaves the Department with no one who is available to perform the required duties. In such a case, the shorter service employee with the required skills may be retained. iv. Recall shall be on the basis of service, with preference being given to the employee with the longest service who is capa- ble of doing the work available. v. Service for the purposes of this section shall, be based on time actually worked for the County and shall not include periqds on layoff. vi. If an employee does not return to work within seven calen- dar days of being notified by registered mail to his/her last known address that work is available, he/she shall be deemed to be no longer in the employ of the County unless granted a leave of absence by the Department Head. If re-employed, he/she shall be treated as a new employee. vii. No credits for sick payor vacation pay shall be accumu- lated during periods of layoff. viii. vacation credits accumulated during the vacation year prior to the date of layoff must be used up immediately following the commencement of the layoff. ix. No Paid Holidays (see Section 16) will be given during periods of layoff, nor will sick pay from the County (see Section 19 c) be available for illness/disability occurring after the layoff commences. (c) Extended Disability The first 24 months during which an employee receives Long Term Disability payments under the County's plan is considered a leave of absence without pay. At the end of this period, the employee will be terminated as he/she is unable to perform his/her duties The date of termination will be the end of the 24 month period · ~ ·'0""1 6 TERMINATIONS continued 6.03 Types of Terminations and Notice Periods continued (c) Extended Disability - continued Such a termination will in no way affect the entitlement to LTD payments themselves. The Department Head will inform the employee of these conditions in writing before disability payments from the insurance company commence. Should the employee recover and be accepted for work after ter- mination under this section, he/she will be granted credit for employment up to the date of disability for any service-related benefits such as vacation and layoff protection. (d) Involuntary for "cause II Terminations for cause are those resulting from very serious actions or neglect by the employee or from total inability to do the job. Examples are criminal acts against the County, misrep- resentations of qualifications and serious violation of County rules. Consultation with legal counsel is advised in such cases (see also Section 26, Rules of Conduct). No notice or pay in Lieu shall be given in terminations for cause. (e) Involuntary, "no causell No cause terminations exist where cause (section d) cannot be proven. Notice or pay in lieu of notice must be given. The Personnel Committee must be notified beforehand where no cause terminations are contemplated so that an adequate notice can be determined. Pay in lieu of notice will be given in a lump sum equal to the number of weeks notice times the employee's regular weekly salary. All statutory deductions will be made from the final cheque. 6.04 Resignations All staff should give notice of resignation in writing. Senior: staff should give four weeks notice; others, two weeks. 6.05 Exit Interviews I Employees who are resigning from the County should be interviewed I I by the Department Head, his designate or a neutral party as to their actual reasons for leaving, suggestions for improvements in policies, working conditions, etc. and general impressions of employment with the County. Any recommendations arising from these interviews should, if appropriate, be discussed by manage- ment and brought to the Personnel Committee. 7 . RETIREMENT (a) The normal retirement date for full-time and permanent part- time staff is the end of the month following their 65th birthday. (b) Retirement for disability reasons prior to age 65 will be allowed if substantiated by a doctor's certificate. (c) Employees may voluntarily retire early with three months notice to their Department Head. The early retirement provisions of the OMERS plan will apply. d All employee benefits cease on retirement r" ·'11"- 6 7 RETIREMENT continued (e) Retiring employees will receive a payment equal to 50% of the number of days of sick leave credits remaining in the sick pay plan frozen on June 30, 1983, times their rate at the time of retirement, to a maximum of 130 days. (f) Employment on temporary status with the County beyond retirement age may be authorized ·from year to year by Council. While so appointed, employees will accrue no additional sick leave credits and will receive vacation pay;as set out in Section 17 E. (g) Retiring employees with more than five years service will receive a retirement allowance, calculated at $20.00 per year of service to a maximum of $200.00. Such employees wIth more than 15, and less than 25 years service will also receive a watch (see Section 25, Employee Recognition). All retiring employees will receive an invitation to the Warden's Banquet held during the year of their retirement. 8. SALARY ADMINISTRATION 8.01 Salary Schedule Salaries for full-time employees shall be set and administered according to a salary scale established annually by Council on recommendation from the Personnel Committee. 8.02 Acting Appointments Employees temporarily appointed by Council to a position in a grade higher than that of their present job for more than 20 working days will receive an increase of 5% of their regular salary for the duration of the appointment to a maximum of 60 days worked. Employees assuming an acting position for more then 60 days will receive, on the 61st day, an increase to a step in the higher range giving an increase of at least 10%, and this rate will con- tinue for the duration of the appointment. At the end of the acting appointment, employees will resume their previous position at the rate existing at the time of the appointment plus any general adjustments. 9. OVERTIME AND CALLBACK 9.01 Department Heads (a) The first 32.5 hours per year worked beyond the standard hours set out for the Department in Section 13 will be compen- sated for by one week's vacation in addition to the entitlement set out in Section 17 B. (b) The vacation noted in (a) shall be granted only if the full 32.5 hours have been worked and the time off shall be taken in the 12 month period following the year in which the hours were worked. Such vacation shall not be taken consecutively with other vacation leave unless approved by the Personnel Committee 9.02 General Superintendent and Assistant Superintendent, Roads These employees are covered by specific Departmental policy. 9.03 Registered Nurses Registered Nurses will receive pay at one and one-half times their regular rate for all hours worked beyond 8 in the day. 9.04 Other Staff Staff, other than those noted above, will receive compensation for overtime hours worked on the basis of time off on an hour- for-hour basis '.'~.,... "~'<I OVERTIME AND CALLBACK continued 9.05 Paid Holidays - see Section 16 E Public Holidays 9.06 Non-scheduled Work Day Non-management employees, other than Registered Nurses, required to work a non-scheduled work day which is not a holiday will receive compensating time off on an hour-for-hour basis, with the exception of Call-In Pay (below). 9.07 Call-In Pay Non-managem~nt employees called in to work after they have left the premises at the end of their regular shift will receive a minimum of four hours pay at their regular rate. Call-in pay will not be in addition to overtime pay authorized under other sections of this manual. 9.08 Documentation and Authorization To qualify under this section, all overtime hours worked must be properly documented and authorized. 10. PAY PROVISIONS 10.01 Pay Periods (a) The pay period for all County employees is a two week period beginning on a Thursday and ending on the second Wednesday fOllowing. (b) All staff are paid on the second Friday following the end of the pay period except if a statutory holiday falls on the Friday, in which case it shall be paid on the working day imme- diately prior to the said holiday. 10.02 Method of Payment Payment is by cheque or bank deposit, at the employee's option. Deductions for Canada Savings Bonds only may be authorized. 10.03 Time Sheets All Roads Department and part-time employees shall submit time sheets for all hours worked. 10.04 Retroactive Pay Any employees as of the retroactive date who have ceased to be employed shall have a period of 30 days only from the date of mailing of notices in which to claim from the County any adjust- ments to their remuneration payable. Any new employees hired since that date shall be entitled to pro-rata adjustments to their remuneration from the date of their employment. The County shall contact, in writing, by mailing notices to their last known addresses, any employees who have since left its employ. These shall be mailed, by registered mail, within 15 days of the date Council passes the appropriate by-law(s). 11. EMPLOYEE BENEFITS 11.01 Benefit Premium Payments (a) County benefits County Employee % % OHIP 100 0 Semi-Private Coverage 100 0 Extended Health Care 100 0 Life Insurance 50 50 Dental Plan * 80 20 Long Term Disability (reimbursement 100 0 Short-Term Sick Pay provided by County * except Roads Department staff · ¡¡.-.-. ......---:-..'- ~_.~~.;.>.~- - 8 c 11 EMPLOYEE BENEFITS 11. 01 Benefit Premium Payments continued (b) Statutory Benefits County Employee '" % 0 Canada Pension Plan 50 50 OMERS Basic 50 50 Unemployment Insurance 58.3 41.7 Worker's Compensation 100 0 11.02 Benefit Booklet Full details of all benefits are described in a benefit booklet available to staff from~he Clerk-Treasurer's office. 11. 03 Cost-Sharing on Sick Leaves (a) The cost-sharing arrangements noted above for OHIP, Extended Health, Semi-Private Coverage, Dental Plan, Life Insurance and Long Term Disability will be continued for employ- ees receiving pay through the County's current Short-Term sick pay plan or the previous sick pay plan. (b) Employees who have exhausted their sick leave credits and are not receiving pay directly from the County will not be able to participate in benefit plans through the County. They may, however, participate in such benefits directly through the appropriate insurer by paying the total amount of the premiums to such company where this is possible. (c) The above provisions in no way affect the entitlement to Long Term Disability payments from the insurance carrier. 11.04 OMERS Buy-Back Provisions Employees returning to work after being laid off without pay will be required to purchase OMERS broken service in one lump sum, if they choose to buy back the time lost. 11.05 Workers' Compensation Payments (a) An employee in receipt of a Workers' Compensation Board award shall be paid, at his/her option, the difference between the amount of the award and his/her regular salary at the time of the injury, provided that the amount of such difference shall be deducted from unused sick leave credits available under the plan frozen on June 30, 1983. (b) All sick leave payments made under 12.01 shall cease when such credits are exhausted. 12. PERQUISITES 12.01 County Vehicles (a) The County Engineer and the Assistant Superintendent*, Roads Department will be supplied with a vehicle for use in the course of their duties and for full personal use within the Province of Ontario. The County will pay all maintenance and insurance charges for such vehicles and all fuel costs except those for personal use. * until retirement of present incumbent, C. Gordon. (b) The General Superintendent will be supplied with a vehicle for use in the course of his duties, which he may drive to and from his residence, but which will not be available for other personal uses. 12.02 Memberships Membership fees for appropriate professional and technical organizations for Department Heads, Deputies/Assistants and other specified staff will be submitted to the appropriate Committee for approval 13.01 Weekly Hours The work week for County employees shall be 5 days comprising the following hours: Department Heads and management group, except Roads: 32.5 hours County Engineer, Assistant Engineer, Engineering Technician, Roads: 40 hours General Superintendent, Assistant Superintendent, Roads: 46.5 hours R.N.' s (both Homes), Recreation Director, First Cook, Terrace Lodge: 40 hours, including paid lunch hour Custodian: 40 hours Clerical staff in all Departments, including Library: 32.5 hours Social Services field staff: 32.5 hours. (a) Variations in the above hours may be instituted by the Department Head who will be responsible for the scheduling of daily and weekly hours for all staff. 14. LATENESS (a) It is the obligation of all employees to come to work on time. Repeated lateness will result in disciplinary action being taken including docking of pay. Continued and severe cases of lateness will result in termination. (b) Employees who will be more than 10 minutes late must report this fact to their supervisor before their regular starting time. 15. PUBLIC HOLIDAYS 15.01 Full-Time Staff (a) Subject to (b) below, full-time staff will be granted the. following holidays with pay at their regular rate: New Years Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day * Victoria Day Christmas Day Canada Day (July 1) Boxing Day Civic Holiday one-half day before Christmas or, if such cannot be taken because of workload considerations, another half day in lieu as designated by the Department Head. * Employees at Terrace Lodge and Elgin Manor will receive the second Monday in February in place of Remembrance Day. (b) To qualify for holiday pay, employees must not: i. be absent on the scheduled work day immediately preceding or following the holiday or the day granted in lieu, unless excused by the Department Head. ii. be absent on the holiday after being scheduled to work. 15.02 Part Time and Contract Staff (a) Part-time staff will receive holidays as specified by the Employment Standards Act. They must meet the conditions set out in that Act to be paid for the holiday 15 PUBLIC HOLIDAYS continued 15.02 Part Time and Contract Staff continued (b) Contract staff will receive holidays as specified in their contract. 15.03 Holidays on Non-Scheduled Working Days (a) Where a paid holiday falls on a Saturday or Sunday and this is a non-scheduled working day, the next working day following will be taken off in lieu. (b) Where a holiday falls on a non-scheduled working day other than Saturday or Sunday, another day off in ,lieu will be granted at a mutually agreeable time within 30 calendar days. 15.04 Within Vacation Period Where a paid holiday falls within an employee's vacation period, an extra day shall be granted at a mutually convenient time. 15.05 Work on a Holiday With the exception of staff exempted in the Employment Standards Act*, all hours worked on a public holiday will be paid at one and one-half times the employee's regular rate and another day will be given off in lieu at a mutually convenient date. If a day in lieu cannot be given, the employee will receive one day's pay at his/her regular rate in addition to the pay for the day worked. * Professional Engineer, students in work experience programs plus employees who qualify under any of the following: (a) is employed for less than three months; (b) does not earn wages on twelve days of the four work weeks preceding the holiday; (c) does not work his/her scheduled regular day of work pre- ceding and following the holiday; (d) having agreed to work on a public holiday, does not report for and perform the work without reasonable cause, (e) is employed under an arrangement where he/she may elect to work or not when requested so to do. 16. VACATIONS 16.01 Vacation Year For the purpose of computing vacation entitlement, the vacation year shall begin on January 1st and end on the following December 31st. 16.02 Vacation With Pay Entitlement, Department Heads and Management Group Every full-time 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 com- pleted less than one year of continuous service, he/she shall receive 2 weeks vacation in the following vacation year. Vaca- tion pay shall be calculated at 4% of total wages during the 12 months immediately preceding December 31st. (b) Where at December 31st, in any year, an employee has completed one year continuous service, he/she shall receive 2 weeks vacation in the following vacation year. Vacation pay shall be calculated at 4% of total wages, during the 12 months immediately preceding December 31st or 2 weeks regular pay, whichever is the greater. (c) Where at December 31st, an employee has cömpleted 2 years of continuous service, he/she shall receive 3 weeks vacation, in the following vacation year r" , ,'I'" >,' , 11 ~'.. 16. VACATIONS continued 16.02 Vacation With Pay Entitlement, Department Heads and Management Group - continued (d) Where at December 31st, an employee has completed 6 years of continuous service, he/she shall receive 4 weeks vacation, in the following vacation year. (e) Where at December 31st, an employee has completed 12 years of continuous service, he/she shall receive 5 weeks vacation, in the following vacation year. 16.03 Vacation With Pay Entitlement, Other Full-Time Staff Every full-time 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 2 weeks vacation in the following vacation year. Vacation pay shall be calculated at 4% of total wages during the 12 months immediately preceding December 31st. (b) Where at December 31st, in any year, an employee has completed one year continuous service, he/she shall receive 2 weeks vacation in the following vacation year. Vacation pay shall be calculated at 4% of total wages, during the 12 months immediately preceding December 31st or 2 weeks regular pay, whichever is the greater. (c) Where at December 31st, an employee has completed 4 years of continuous service, he/she shall receive 3 weeks vacation in the following vacation year. (d) Where at December 31st, an employee has completed 8 years of continuous service, he/she shall receive 4 weeks vacation, in the following vacation year. (e) Where at December 3lst, an employee has completed 14 years of continuous service, he/she shall receive 5 weeks vacation, in the following vacation year. 16.04 Vacation Scheduling (a) Employees must take their vacation within 12 months of tne end of the vacation year during which it is earned and no carry- over of credits to the following year will be allowed unless approved by the Personnel Committee. (b) No cash payment in lieu of vacation time off will be made and all credits not used up by the end of the 12 month period, or carried over by decision of the Personnel Committee, will be lost, subject to conditions in the Employment Standards Act. (c) All vacation leave must be approved by the Department Head before it is taken. 16.05 Part-Time, Temporary and Contract Staff Vacation Credits (a) Permanent part-time staff: Less than 8,320 hours worked by December 31st of any year 4% of prior year's earnings More than 8,320 hours worked by December 31st of any year 6% of prior year's earnings (b) Temporary staff will receive vacation pay as specified by the Employment Standards Act. (c) Contract staff will receive vacation pay as specified in their contract 16. VACATIONS continued 16.06 Termination of Employment (a) On termination of employment, full-time employees will receive vacation pay equal to their regular entitlement (see Sections B or C, above) times the number of calendar days worked to the date of termination divided by 365, or 4% of total earn- ings, whichever is greater. (b) Other employees will receive a percentage of total earnings to the date of termination equal to their percentage entitlement for yearly vacation pay, as noted in Schedule E above. 16.07 Effect of Léaves of Absence on Vacation Credits Leaves of absence without pay of less than one month will not affect calculation of vacation credits under this section unless the entitlement is a percentage of salary. Where there is a leave of more than a month during a calendar year, the number of wéeks vacation allowed will be based on the proportion of actual service during the year to 12 months. 16.08 Vacation Credits on Retirement Employees who are retiring must use up all outstanding vacation credits plus those accrued to date before retirement. No lump sum payments for unused credits will be made. 16.09 Vacation Pay Advances 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. 16.10 Definitions (a) Continuous service includes all regular service from the last date of hire, and periods during which the employee is receiving short-term sick pay from the County or has been granted a leave of absence, but excludes absences while on Long Term Disability. (b) Gross earnings include regular, overtime and County sick pay, but excludes payments received from an insurance company under an employee benefit plan, benefit plan premium payments on behalf of employees and other items excluded under the Employment Standards Act. 17. EMPLOYEE FACILITIES Specific parking places may be designated for employees by the Property Committee. 18. ABSENCES 18.01 Reporting (a) Except as noted in (b) below, employees who must be absent from work for sickness and other unavoidable reasons must report the fact to their Department Head during the first 30 minutes of the first day of their absence. The reason for, and the expected length of the absence must be noted. Unreported or unauthorized absences are subject to disciplinary action including termina- tion. (b) R.N.'s and the Cook Supervisor at Terrace Lodge must report absences before the start of their shift c (b) under wife, husband, child, mother, father, brother, sister, grandchild, son-in-law, daughter-in-law " Scheduled work days which fall within the period granted (a) will be paid at the employees regular rate Immediate Family " is defined as (a) In the case of the death of a member of an employee's immediate family, a leave of absence of no more than three cal- endar days ending on the day of the funeral will be granted for the purpose of arranging or attending the funeral 03 19 Bereavement (b) Employees who must appear in court or consult with lawyers on County-related business while on vacation will not have such time counted against vacation credits Leave (a) An employee serving as a Juror or who has been subpoenae4 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 19.02 Jury Duty and Court The County provides all full-time employees with more than three months service with a short-term sick pay plan designed to cover absences because of illness or disability until the start of Long Term Disabililty payments from the insurance carrier. In most cases, there will be no gap between short-term and L.T.D. coverage. Full details of the plan are given in the appropriate "Fringe Benefit By-Laws" Appearances 19. 19.01 Paid Sick Leave AUTHORIZED LEAVES OF ABSENCE All time granted for short-term absences such as appointments illness of children, etc., must be charged against accrued overtime, vacation or other credits. If such credits are not available the time must be taken without pay 18.05 Absences for Appointments Excessive absenteeism is grounds for disciplinary action and including termination etc up to 18.04 Excessive Absenteeism Employees who are unable to come to work because of a legitimate "Act of God" or other natural calamity will receive their regu- lar pay for the period absent for up to two days per calendar year. The Department Head will determine whether the event con- stitutes a legitimate reason for absence. Employees absent for non-legitimate reasons after being informed of the Department Head's decision will be docked pay for the time absent 18.03 Acts Department Heads are responsible for maintaining attendance records for their staff of God " ill r' "/~ " .' 18. 18.02 ",". Attendance Records ABSENCES '- continued "___.d ,;¡ ,- ,0 , 13 ~,,--";j ...,.----,..¡.,-.--.. " '. -...,......._~ Jij 1:,11 j; fill I ·-.-ù............,.¡ 19 AUTHORIZED LEAVES OF ABSENCE continued 19.03 Bereavement Leave - continued (d) Leave of absence of one day with pay calculated as in S""ct'ion (b) above will be granted for the purpose of attending the funeral of a: brother-ih-law, sister-in-law, mother-in-law, father-in-law, grandparent, where the funeral falls on a scheduled work day. (e) A statutory holiday which falls during a bereavement leave will not extend the leave. (f) Bereavement leave which falls during a vacation period will be counted as part of the vacation. 19.04 Maternity Leave Maternity leave without pay will be granted in accordance with the current provisions of the Employment Standards Act. Employ- ees must notify their immediate supervisor at least two weeks before they intend to begin their leave and submit a medical certificate estimating time of delivery. 19.05 Educational Leaves With Pay (a) Attendance at courses and seminars during working hours of up to one day in duration may be approved by the Department Head on his/her own authority. (b) Attendance at courses and seminars during working hours of more than one day in duration must be approved by the Department Head and the appropriate Standing Committee before registration. 19.06 Other Leaves, With or Without Pay Leaves of absence not mentioned in this section or not covered by other County policies may be charged against vacation, over- time or County sick payor granted without pay, at the discre- tion of the Department Head. 19.07 Return to Work Employees returning to work after an extended leave, including those covered under the Long Term Disability plan, must give at least one month's notice of their expected date of return to their Department Head. 19.08 Approval Procedure Application for all leaves authorized under this section must be submitted to the Department Head who will forward it to the appropriate Standing Committee for approval. 20. EMPLOYEE TRAINING AND DEVELOPMENT 20.01 Tuition Refund Full time employees will be reimbursed for 100% of the cost of tuition fees and books for educational courses taken if all the following conditions are met: (a) The course is directly related to their present job or future career with the County. (b) The course is given by a recognized educational institution including a correspondence school. (c) The course is approved before it is taken by the Department Head and the Standing Committee 'i. 20. EMPLOYEE TRAINING AND DEVELOPMENT continued 20.01 Tuition Refund - continued (d) The course is completed successfully and documentation of this fact is submitted to the Department Head with a receipt for the tuition fee. 20.02 Training Budget All costs for tuition refund, educational leaves and associated activities will be charged against a budget within each Department. 21. MEETINGS Department Heads may authorize the attendance of staff at meet- ings outside of regular working hours and of having mileage and expenses reimbursed. 22. EXPENSES Department Heads and Assistants shall be reimbursed for out~of- pocket expenses (parking, meals, etc. ) incurred while carrying out their duties for the County. 23. EMPLOYEE NEGOTIATIONS (a) At the option of the Personnel Committee, Department Heads will sit in as observers in collective bargaining negotiations affecting their employees. (b) Department Heads will be given a copy of any brief pre- sented on behalf of employees in his/her department after such brief has been presented to the Personnel Committee. 24. APPEAL PROCEDURE (a) Employees who feel that they are not being treated fairly or in accordance with County policy may raise the matter with their immediate supervisor. (b) If the problem cannot be resolved, they may approach their Department Head who will attempt to find a solution. (c) Problems still unsolved may be referred to the Standing . Committee. (d) This appeal procedure does not apply to persons who are terminated "for cause II . 25. EMPLOYEE RECOGNITION Employees will be given awards as set out below on the comple- tion of the following years of service: 10 years - a photo and short, descriptive announcement in the St. Thomas daily, and Elgin weekly newspapers - a framed copy of the photo and article and a framed certificate of appreciation from the County. 15 years - same as 10 years. 20 years - same as 10 years plus a lapel pin plus an annual invitation to the Warden's Banquet to continue until the employee's retirement. 25 years - same as 10 years plus an engraved quartz watch. All expenses associated with these awards will be chargeable to the Department '1 \ 1 I I I I,' ¡ :' r Ii I' I " The County pays aguarterly $21.25 allowance for uniforms to R.N. 's and the Cook Supervisor at Terrace Lodge. 27. SAFETY AND HEALTH 27.01 County Policy It is County policy to provide safe working conditions and facilities for its employees. Employees, in their turn, should always try to work in a safe and sensible manner, correcting situations which may cause accidents and reporting those which cannot be corrected to their supervisor. The employee's safety record will be considered in awarding salary increases. 27.02 Accidents Whenever an accident occurs, employees should get immediate med- ical attention, if necessary. Such occurrences must be reported to their supervisor immediately. 27.03 Accident Investigations and Programs (a) The Department Head or his/her designate will investigate all accidents as soon as possible after they occur. He/she will complete a WCB Form 7 and submit it to the Board. (b) Department Heads will organize safety and related programs in order to prevent accidents within their Departments and will establish and work with Health and Safety Committees required under the Occupational Health and Safety Act. 27.04 Safety Equipment The County provides all required safety equipment, except safety footwear which must be supplied by employees themselves. Employees must use safety equipment whenever necessary. Not using this equipment is grounds for disciplinary action and repeated offences will result in termination. 27.05 Housekeeping Employees must keep their workplaces in a neat and tidy condi- tion to avoid situations which could cause accidents. 27.06 Alcohol/Drug Addiction The County considers alcohol/drug addiction to be an illnes which can be treated with the co-operation of everyone con- cerned. Accordingly, the policy in regard to employees whose behaviour and work performance indicate alcohol/drug addiction is: Initial discussions of performance will follow the Warning Procedure set out in Section 5, with the Department Head indi- cating the County's policy in regard to addiction. If alcohol/drug addiction is acknowledged, the Department Head will work with the employee's doctor and other concerned par- ties to arrange treatment. Payment for such treatment will be made through the County's benefit plans, if possible. If not, the County will pay reasonable costs associated with residen- tial treatment for up to 30 days at a public institution. This policy applies only to employees who have completed their probationary period. Periods absent for treatment under this section will be charged against the County's short-term sick pay plan r~ ! .' - -~..:v-- -.--~---!.:.......- -.........'-',--;.¡.------.-.~.-J.,.--.--.~-....~ - l7 - 27 SAFETY AND HEALTH - continued 27.06 Alcohol/Drug Addiction - continued - On return to work after treatment, the employee will be placed in his/her previous position and given full support in the performance of his/her duties. If, however, the alcoholic behaviour resumes, he/she will be termi~ated for cause. The employee will be told this on return to work. The purpose of this policy is to provide a realistic rehabili- tation program for the addicted employee. Such a program must include assumption by the employee of responsibility for his/ her own actions. 28. COMMUNICATIONS 28.01 Bulletin Boards Bulletin boards will be set up in convenient locations in County buildings. All notices to be placed on these boards must have management approval before posting. 28.02 Suggestions The County welcomes suggestions from employees as to improvement in operations, new or revised policies and similar items. 29. RULES OF CONDUCT The County believes that most employees will act fairly and reasonably at all times. Accordingly, it is for the protection of that majority that the rules of conduct set out below are published. Breaches of these guidelines or other acts against County or employee interests will result in disciplinary action, including suspension and termination. The following practices are strictly prohibited and will result in immediate disciplinary action, up to and including termina- tion: (a) Reporting to work or working in an intoxicated state or using prohibited drugs during working hours. (b) Removal from the premises of County-owned items or items. owned by other employees without specific permission. (c) Physical or verbal abuse of, or threats towards other employees. (d) Flagrant disregard of County safety rules. (e) Being convicted of a criminal offence related to the employee's work or being unable to work for an extended period because of any criminal conviction. (f) Willful and malicious damage to County property. (g) Serious violations of the Ontario Human Rights Code. 30. PERSONAL USE OF EQUIPMENT (a) The use of County-owned equipment and tools for personal purposes is discouraged and is prohibited without express per- mission of the Department Head. If approved, such use will be permitted only on the premises. (b) Loans of equipment and tools to other organizations will be allowed only in the most unusual circumstances and where the Department Head has given prior approval. Vehicles purchased by the County may not be loaned out under any circumstances. (c) Personal long distance calls made on County equipment must be charged to the employee's personal telephone number r ,r ~c~ C'·---, 18 3l. PERSONNEL RECORDS The Clerk-Treqsurer will maintain central þersonnel records Changes in employee data affecting these records must be repor- ted to that office as soon as they occur. 32. MILEAGE Employees who do not have a County-supplied vehicle will be paid a mileage rate for use of their own car on County business which will be set annually by Council. 33. DRESS CODE The County expects a standard of dress and grooming from employ- ees that is reasonable and appropriate under the circumstances 85-11-20