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92-56 COUNTY OF ELGIN 92-56 By-Law No. "BEING A BY-LAW TO PROVIDE FRINGE BENEFITS TO ALL EMPLOYEES OF THE COUNTY OF ELGIN_WHO ARE NOT COVERED BY A COLLECTIVE AGREEMENT' 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 pro- vide 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 are hereby entitled to the fol- lowing fringe benefits: PAID,HOLIDAYS All regular employees will be credited with pay computed at straight time for each of the following Paid Holidays: 1 1. 01 civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day New Year's Day Second Monday in February Good Friday Easter Monday victoria Day Dominion Day * (1/2) day before Christmas and New Years or, if such taken because of workload considerations, another (1/2) day in lieu as designated by the Department one-half cannot be one-half Head. exclusive of Elgin Manor and Terrace Lodge, be substituted for the "Second Monday in * For all employees, November 11th will February provided that 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 (a The employee is not absent on the Paid Holiday after being scheduled to work. (b) Employees required to work on a Paid Holiday shall at the option of the Employer receive either: 1. 02 pay at the rate of time and one-half (1 1/2) the employee's regular rate for work performed on such Holiday, in addition to the employee's regular pay, (a or ) pay at the rate of time and one-half (1 1/2) 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 (b 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 1/2) times his/her regular rate of pay for all hours worked on the Paid Holiday. 1. 03 2 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 employee 1. 04 If one pf 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. 1.05 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. 06 VACATIONS 2 2 Vacation Year For the purpose of computing vacation entitlement, the vacation year shall begin on January 1st and end on the following December 31st. 01 Vacation Sched~lin Employees must take their vacation within twelve (12) months of the end of the vacation year during which it is earned and no carryover of credits to the following year will be allowed unless recommended by the Executive Committee and approved by County Council. (a) 02 2 No cash payment in lieu of vacation time off will be and all credits not used up by the end of the twelve month period, will be lost, subject to conditions in Employment Standards Act, except where approval for carry- over has been granted under (a) above. made (12) the (b) must be approved by the Department Head All vacation leave before it is taken. (c) When an employee is transferred from one department to another on a permanent basis, the vacation pay entitlement accrued at that time will be charged to the original department. (d) Vacation with Pay Entitlement, DepartID~nt Heads 2.03 com- he/ days Where at December 31st, in any year, an employee has pleted less than one (1) year of continuous service, she shall be entitled to one and one-quarter (1 1/4) per month. (a Where at December 31st, in any year, an employee has com- pleted one (1) year continuous service but less than three (3) years, he/she shall receive three (3) weeks vacation in the following vacation year (b) Where at December 31st, an employee has completed three (3) years of continuous service but less than twelve (12 years, he/she shall receive four (4) weeks vacation, in the following vacation year c) ( Where at December 31st, an employee has completed twelve (12) years of continuous service but less than nineteen (19) years, he/she shall receive five (5) weeks vacation, in the following vacation year. (d) Where at December 31st, an employee has completed nineteen (19) years of continuous service, he/she shall receive six (6) weeks vacation, in the following vacation year. (e) 3 Vacation with Pay Entitlement, Other Full-Time and Part-Time 04 2 staff Employees included in the Management Group as defined presently in Policy 1.20 (e) (which will be repealed as of January 1, 1992) will continue on the vacation schedule as stated in Policy 7.20 and as revised on November 18, 1987. 1991 applies 20 20.1 dated November The revision of Policy 7. to Department Heads only. Every full-time employee shall be granted an annual vacation with pay according to his/her credited service as follows Where at December 31st, in any year, an employee has com- pleted less than one (1) year of continuous service, he/ she shall receive one (1) day per month to a maximum of ten (10) in the following vacation year (a Where at December 31st, in any year, an employee has com- p~eted one (1) year of continuous service but less than two (2) years, he/she shall receive two (2) weeks vacation in the following vacation year. (b Where at December 31st, an employee has completed two (2) years of continuous service but less than seven (7 years, he/she shall receive three (3) weeks vacation, in the following vacation year. (c) completed seven than fourteen weeks vacation, Where at December 31st, an employee has (7) years of continuous service but less (14) years, he/she shall receive four (4 in the following vacation year. (d) an employee has completed fourteen service but less than twenty-one receive five (5) weeks vacation, Where at December 31st, (14) years of continuous (21) years, he/she shall in the following vacation year. e) ( Where at December 31st, an employee has completed twenty- one (21) years of continuous service he/she shall receive six (6) weeks vacation, in the following vacation year. (f) All part-time staff will have their vacation entitlement calculated as specified in this Article with the following exceptions (g) Pay equivalent to two percent (2%) of their previous year's gross earnings for each week of Vacation entitlement (i) When part-time employees transfer to full-time posi- tions, their years of continuous service, for vaca- tion purposes only, will be calculated by using fifteen hundred (1500) hours for each year. (ii) of vacation entitlement as outlined in Articles shall not result in an employee being entitled to (2) weeks vacation in any year. The prorating 2.03 and 2.04 less than two 2.05 and Contract Staff~açation Credits~xpenses Temporary staff will receive vacation pay as specified by the Employment Standards Act. (a) 2.06 in will receive vacation pay as specified Contract staff their contract. (b) 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 vacation. This will mean that the normal direct deposit will Vacation Pa 2.07 4 be increased by the amount of the advance. SUCH ADVANCE SHALL COVER ONLY THE PAYDAY(S) FALLING WITHIN THE EMPLOYEE'S VACATION PERIOD. Leaves of_Absence on Vacation Credits Leaves of absence without pay of less than one (1) 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 weeks vacation allowed will be based on the propor- tion of actual service during the year to twelve (12) months. 08 2 3 ( DISABILITY Each non-union full-time employee, upon completion of three months continuous service with the County, shall be eligible for the new short term disability benefit. SHORT "TERM 01 3 3 Benefits as outlined below will commence on the first day of disability due to a non-occupational accident or sickness and will be payable at current rates for up to seventy-five (75) working days in any calendar year: 02 3 Insured Days 66 2/3 of Full Salar Salary Length of Service At December 31st 70 65 60 55 50 45 40 30 20 10 o 5 10 15 20 25 30 35 45 55 65 75 year years years years years years years years years years 3 months but less than 1 1 year but less than 2 2 years but less than 3 3 years but less than 4 4 years but less than 5 5 years but less than 6 6 years but less than 7 7 years but less than 8 8 years but less than 9 9 years but less than 10 Over 10 years Where a full-time employee completes his/her three (3) months of continuous service and is unable to be credited with insured days as indicated in the table, full or 66 2/3 insured days shall be calculated on a prorated basis for the current year by taking the number of days from the completion of the probation period to December 31st of that year over 365 and multiplied by 5 and 70 respectively. Credits will be in multiples of one- quarter (1/4) days. 03 3 15 and completes probation period Employee starts March 14 e.g. June Calculation - days days at full pay 200 31 = 3/4 to December 2 or 2.73 x 5 = June 15 200 365 pay 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. 66 2/3 days at 38 1/4 or 38.36 = 70 x 200 365 3.04 Compensation. A full-time employee absent on a Statutory Holiday will be charged as one (1) day. In order to qualify for a Statutory Holiday it is necessary to work on both the day before and after the employee is scheduled to work. These days may not be used to top up Workers' 05 06 3 3 5 Any days to the credit of the full-time employee contain no cash value, on termination of employment, by reason of retire- ment or otherwise. 07 3 After a full-time 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 accumu- lated sick leave to his/her credit. It is understood that this provision is an endeavour to eliminate abuse 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. 08 3 A full-time employee who is absent from employment due to preg- nancy related illness or childbirth is not eligible for sick Leave Pay during - 3.09 the period commencing ten (10) weeks prior to the calendar week of the expected date of delivery and ending with the sixth (6th) week after the calendar week at which the actual delivery takes place, or (a any maternity leave of absence mutually agreed to by you and the Employer, or (b) any period of time for which you are eligible to receive maternity benefits as provided by the Unemployment Insur- ance Act (c) Short Term Disability benefits, which begin to be paid prior to age sixty-five (65), will continue until the employee has received a total of at least fifteen (15) weeks of benefits or has exhausted accumulated paid sick leave or until the full- time employee is no longer disabled or the employee retires, whichever comes first. 10 3 Old Plan 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 fifty percent (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 SICK_LEAVE 01 3A. 3A. 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. 02 3A 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 (2) days will be deducted from an employee's accumulated days. All requests, for draws of approximately ten percent (10%), must be in the hands of the Department Head by November 15th each year, with payment being included with the first pay end- ing in the month of April of the next year. 03 3A. Where the ten percent (10%) draw amounts to less than $1,000.00 but the total value of the vested accumulated days exceed $1,000.00, the minimum payout will be $1,000.00. 04 3A. value of the vested accumulated days is less the entire value will be paid to clear up the Where the total than $1,000.00, amount owing. 05 3A. 6 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 06 3A. Any employee with accumulated sick days in excess of 260 will retain those excess days to top up the new Short Term Plan, or payments from Workers' Compensation. 07 3A Any employee with accumulated sick leave days, with less than five (5) years of continuous service, at the date of terminat- ing and freezing of the sick leave plan, will be entitled to receive all the benefits outlined above, once they have com- pleted five (5) years of continuous employment 08 3A. BEREAVEMENT LEAVE In the case of a death of an employee's immediate family, a leave of absence of up to three (3) days will be granted and shall include the day of the funeral and/or memorial service. 4. 4.01 Scheduled work days and hours which fall within the period granted under 4.01 will be paid at the employee's regular rate. 4.02 is defined as spouse, common-law spouse, child, mother, father, brother, sister, grandchild, son-in-law, daughter-in-law, brother-in- law, sister-in-law, mother-in-law, father-in-law, grandparent, spouse's grandparents, aunt, uncle. Immediate Family 4.03 PREGNANCY/PARENTAL LEAVE Pregnancy and Parental Leave without pay will be granted in accordance with the current provisions of the Employment Stan- dards Act. Employees should notify their immediate supervisor at least two (2) weeks before they intend to begin their leave. The Employer may request medical evidence that continuing to work will not be harmful either to the employee or the unborn child. 5. 5.01 JURY DUTY AND COURT APPEARANCES An employee serving as a Juror or who has been subpoenaed 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 either capacity. 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 6. 6.01 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 6.02 HEALTH AND WEL~AEE 7 7 S~mi-Private Hospital Insurance The Employer agrees to pay one hundred percent (100%) of the billing rate of the ontario Blue Cross Semi-Private Hospital coverage for all employees eligible under the plan. 01 The Employer agrees to pay one hundred percent (100%) of the billing rate of the ontario Blue Cross Extended Health Care coverage ($10.00-$20.00 deductible), Vision Care rider of $175.00 maximum every twenty-four (24) months, a Hearing Aid rider of $300.00 maximum per lifetime, and the Deluxe Blue Cross Travel Plan for all eligible employees Extended Health Care 7.02 7 of the OMERS the County of 2059. R'ª-tirement_S The Employer agrees to pay fifty percent (50%) plan in respect of pension, in accordance with Elgin By-Law No. 1838, as amended by By-Law No. Ontario Munici 7.03 Employees returning to work after an absence without pay will be required to purchase any OMERS broken service or elimination period, or maternity leave, in one lump sum, if they choose to buy back the time lost. These arrangements must be completed through the Personnel Office within the time limit specified with each circumstance. The Employer will reimburse the eligible employee one hundred percent (100%) of the premium of a long term disability insur- ance plan. The plan will provide for the payment of fifty-five percent (55%) of the employee's monthly earnings, to a maximum of $3,500.00. A waiting period of one hundred and five (105) calendar days of continuous total disability is required before the benefits under this plan take effect. The premium will be taxable while the benefit will not. Upon completion of the probationary period, all eligible employees, not covered by a collective agreement, shall as a condition of employment, become members of the long term disability plan. Term Disªbilit Lon 7.04 is defined as follows During the first two (2) years of income payments the disabil- ity must prevent the employee from performing the duty relating to his/her reqular iob. After that time the income benefit will continue if the disability prevents the employee from engaging in ª lovment for which he/she is reasonably qual- ified by educ training or experience. Disability Dental The Employer agrees to pay one hundred percent (100%) of the premium of a dental plan (Blue Cross #9 or equivalent) based on the current year's O.D.A. fee guide minus two (2) years for full-time employees. All new employees will be required to participate as a condition of employment, unless proof is pro- vided that the person has a similar coverage through a spouse's employment. In this case the person would not be considered an eligible applicant. 7.05 Life Insurance/AccidentaL_Death and Dismemberment Insurance The Employer agrees to pay one hundred percent (100%) of the premium of term life insurance and accidental death and dismem- berment insurance, equal to two hundred percent (200%) of the full-time employee's annual salary, as of December 31st of the previous year, based on the County pay schedule (rounded to the next highest $1,000.00 if not already a multiple thereof) to a maximum of $150,000.00 7.06 EMPLOYEES In this by-law, employee means any full-time person not covered by a collective agreement 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. 8.01 seasonal or part-time Employee does not include any casual employee unless stated otherwise 8.02 Current County employees shall be advised of all staff vacan- cies, as per Personnel Policy Manual #3.20 8.03 Benefits for all employees will commence on the first day of the month after the date of hire, except where a carrier has a specific waiting period. 8.04 8 RETIREMENT 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 9.01 The Normal Retirement Age for employees covered by this by-law shall be the end of the month following their sixty-fifth (65th) birthday, 9.02 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 9.03 Employees may voluntarily retire early with three (3) months notice to their Department Head. The early retirement provis- ions of the OMERS plan will apply. 9.04 All cash liabilities for sick credits and vacation, for employ- ees 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: 9.05 of total earnings of total earnings of total earnings of total earnings less than 3 weeks vacation - 4% 3 weeks vacation - 6% 4 weeks vacation - 8% 5 weeks vacation - 10% Entitled to Entitled to Entitled to Entitled to SALARY INCREMENT 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 of January of the following year. 10 10.1 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 day of January of the second following year 10.2 Part-time employees become eligible for an increment after the accumulation of fifteen hundred (1500) worked hours. 3 10 Increments are not to be considered automatic because of com- pleting service and it is the responsibility of the Department Head to document the recommendations for any change and forward the recommendation to the Personnel Administrator. 10.4 RATES All County employees shall be reimbursed for using their per- sonal vehicles for County business, at rates to be established by by-law, from time to time. MILEAGE 11 11.1 That By-Laws No. 84-9, 84-10, 85-40, 86-22, 86-23, 88-24, 89-45, 89-46, 90-13, 90-23, 90-39, 90-40 and all other By-Laws and Resolutions contrary to this By-Law be, and the same are hereby repealed 12 1992 November READ a first time this 18th day of 1992 READ a second time this 18th day of November, 1992 READ a third time and finally passed this 18th day of November, .."......, ~~~---c.'ì4>- G. C. Leverton, Clerk.