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HomeMy WebLinkAboutBy-law No. 2019-098 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-098 BEING A BY-LAW TO ADOPT A PERSONNEL POLICY MANUAL WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it further necessary to adopt a new Municipality of Bayham Personnel Policy Manual reflecting the required ethical and legal requirements for all Employees of the Municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT a Municipality of Bayham Personnel Policy Manual attached as Schedule "A" be adopted; 2. THAT By-Law No. 2017-127 is hereby repealed; 3. THAT this by-law shall take force and effect January 1, 2020. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5t" DAY OF DECEMBER 2019. ,---41:1111111)/1111.11;IP MAYOR CL 47' 10011 MUNICIPALITY OF BAYHAM PERSONNEL POLICY MANUAL TABLE OF CONTENTS SECTION ONE: INTRODUCTION ABOUT THIS HANDBOOK 4 ACKNOWLEDGEMENT FORM 5 SECTION TWO:EMPLOYEE CONDUCT AND GUIDELINES EQUAL OPPORTUNITY EMPLOYER 9 RECRUITMENT AND SELECTION 9 EMPLOYMENT AGREEMENTS 10 PROBATIONARY PERIOD 11 EMPLOYEE CLASSIFICATIONS 13 PERFORMANCE EVALUATIONS 13 CONFIDENTALITY Error!Bookmark not defined. PRIVACY,PERSONAL INFORMATION AND PERSONAL RECORDS 15 CONFLICT OF INTEREST 16 PARTICIPATION ON COMMITTEES 18 PROGRESSIVE AND CORRECTIVE DISCIPLINE 19 CONFLICT/PROBLEM RESOLUTION 20 GIFTS,GRATUITIES AND MONETARY BENEFITS 22 DISCRIMINATION AND HARASSMENT IN THE WORKPLACE 23 VIOLENCE IN THE WORKPLACE 27 TECHNOLOGY AND CORPORATE PROPERTY 33 USE OF MUNICIPAL VEHICLES AND EQUIPMENT 35 LAYOFF 36 TERMINATION 36 EMPLOYMENT VERIFICATION 38 COUNCIL STAFF RELATIONS 38 CONDUCT INVESTIGATIONS 38 SECTION THREE: PAY ADMINISTRATION AND BENEFITS COMPENSATION PHILOSOPHY 41 COMPENSATION CLASSIFICATIONS Error!Bookmark not defined. JOB EVALUATION SYSTEM 44 ACTING PAY 45 PAY ADMINISTRATION 45 BENEFITS 47 PROFESSIONAL DEVELOPMENT&CONTINUING EDUCATION 48 LONG-TERM SERVICE AWARDS 49 SECTION FOUR:HOURS OF WORK,ATTENDANCE AND LEAVES 101144,1 4; Opportunity IsYOJ< HOURS OF WORK 51 OVERTIME 52 CALL IN PAY Error!Bookmark not defined. PAID PUBLIC HOLIDAYS 53 VACATION 54 BEREAVEMENT LEAVE 56 JURY/COURT DUTY 56 VOTING LEAVE 57 INCLEMENT WEATHER DAYS 57 SICK LEAVE 58 STATUTORY LEAVES OF ABSENCES 59 DRESS CODE 52 1 �,AYHA1Ll sr-AL ppOr�unity 15YOJ SECTION ONE : INTRODUCTION 2 BAYHA rw .t Oppounity1 ,1°at 3 .BAY 1I O4Oflunity Is`!n, ABOUT THIS HANDBOOK The Municipality of Bayham is referred to as the Municipality throughout this handbook. All the policies in this employee policy handbook apply to all employees of Bayham (including part- time, seasonal, students, etc.), unless specifically excluded in the scope section of a policy. For union employees this policy manual applies except where the collective agreement overrides (has provisions). The Municipality, through the CAOICIerk reserves the right to add, delete, or amend policies at any time due to legal or operational requirements. The CAOICIerk will provide a summary of changes annually to Council in a year in which changes occur. If there is a conflict between a policy and an applicable government statute, the statute prevails. This handbook does not constitute an employment agreement, nor does it confer any special rights or guarantee of continued employment. This handbook attempts to address all significant operational issues of the Municipality. There may be personnel issues that arise from time to time which are not covered in this handbook. If you have an issue not addressed in this handbook, please talk to your supervisor or the CAOICIerk. The Municipality has taken great care in preparing this handbook but realizes that errors and omissions do occur. If you find any spelling, grammatical or other mistakes, please report these to the CAOICIerk. All employees are required to be aware of and comply with applicable policies contained in this handbook Failure to comply with policies in this Policy Manual could result in disciplinary action, as outlined in the Progressive and Corrective Discipline Policy. If you are unsure of the application of any policy in this handbook, please contact the CAOICIerk for clarification. All employees will be given access to a copy of this handbook when presented with an offer of employment, before starting. All employees are required to sign the acknowledgement form at the beginning of this manual before starting. It is the practice of the Municipality to ask all employees to sign an acknowledgement each year in which changes occur. 4 8Q'Yffut Pc nity Is�0J a ACKNOWLEDGEMENT FORM I have received my copy of the Municipality of Bayham Policy Manual and I have read and understood the information. Management has answered questions to my satisfaction. I understand that, while an employee of Bayham, I am bound to abide by all policies and procedures set forth in this manual. I understand that failure to comply with the policies and procedures set out in this manual may lead to disciplinary action. I also understand that the information in this manual is subject to change as situations warrant. Changes may supersede, revise or eliminate one or more of the policies in this manual. These changes will be communicated through official notices. I accept responsibility for keeping informed of these changes. It is the policy of the Municipality of Bayham to have all employees sign this acknowledgement annually as a reminder of all Municipality of Bayham policies and procedures. Please sign and provide a copy to your Supervisor, and retain a copy for your own records. Name (please print) Signature Date 5 6 m--vo SECTION TWO : EMPLOYEE CONDUCT AND GUIDELINES 4,AYH.441 Oppnnunity I5`loo 8 WOMAN 9.13 nity WsOJ�a EQUAL OPPORTUNITY EMPLOYER 1. The Municipality's objective is to provide equal employment opportunities without discrimination. The Municipality is committed to hiring, training and developing the best qualified individuals in order to provide the municipality with the best possible services. RESPECT IN THE WORKPLACE 2. The Municipality is committed to providing an environment that demonstrates and encourages a fundamental respect for individuals, their rights and their dignity. DISCRIMINATION 3. The Municipality makes decisions based on employees, free of discrimination and based on individual skills, initiative and capability, regardless of race, ancestry, place of origin, colour, national or ethnic origin, citizenship, religious beliefs, non-job related disability, age, gender, sexual orientation, marital status, family status, receipt of public assistance or record of offences. The Municipality strives to comply with the Ontario Human Rights Code. RECRUITMENT AND SELECTION 1. The Municipality is committed to recruiting and selecting individuals who are the most qualified to perform the requirements of each position available. Candidates for job vacancies may be from existing staff or from outside sources. Where qualifications are deemed equivalent, preference will be given to internal candidates. 2. No verbal or written offers of employment, or commitments, are to be made to any job candidate until all appropriate approvals have been obtained and the following process fully completed. 3. The Municipality will follow the following process to fill open positions: ➢ Approval of hire by council ➢ Update job description ➢ Review and finalize pay and benefits for vacant position ➢ Determine best recruitment channels and implement ➢ Screen applications, using phone screening, e-mail questions and other screening methods as appropriate. ➢ Conduct first interview ➢ Conduct second interview, if required 9 INN-YHA/if Oppo..unity Isco ➢ Prove credentials, as appropriate ➢ Prove eligibility for employment ➢ Perform employment testing as appropriate ➢ Perform background checks including: criminal record, driving record, credit check (as appropriate for position). The candidate must agree in writing to all background checks. ➢ Perform reference checks on at least 3 business references. Reference checks will be carried out in a fair and consistent manner. All references contacted must be approved by the candidate. ➢ Present the successful candidate with a written offer of employment, which outlines all the terms and conditions of employment of the job. ➢ Get offer signed before start date. Proof of Eligibility for Employment 4. In compliance with federal legislation, new employees, if requested, and as a condition of employment, must present documentation establishing their identity and their eligibility to legally work in Canada. A valid Social Insurance Number, landed immigrant papers, employment visa, or temporary work permit is deemed sufficient for this purpose. Failure to prove eligibility for employment in Canada constitutes just cause for immediate dismissal, without notice of compensation, in lieu of notice. Employment Applications 5. Any misrepresentations, falsifications, or material omissions in any data requested during the hiring documentation process, shall result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment for cause, without notice or compensation in lieu of notice. EMPLOYMENT AGREEMENTS 1. All employees of the Municipality will be provided an employment agreement to be signed, upon hire, when they are transferred or promoted. The employment agreement sets out all the terms and conditions of employment. 2. All offers of employment must be signed before starting, will typically include the following in writing, as applicable: ➢ Position title ➢ Employment classification ➢ Working location ➢ Job duties (attach job description) 10 ‘611-2- P°ttanIty Is'IOJ�g ➢ Reports to ➢ Start date ➢ Normal hours of work ➢ Probationary period ➢ Eligibility to work in Canada ➢ Starting pay step ➢ Starting pay ➢ Payroll deductions ➢ Eligibility for overtime ➢ Eligibility for benefits ➢ Vacation ➢ Requirement for driver's license ➢ Right to layoff ➢ Policy manual acknowledgement. Employees are required to sign an acknowledgement of receipt and compliance before starting. Any questions will be answered before starting. ➢ Right to use discipline and suspension without pay ➢ Termination of employment 3. Reference individual policies for more details. 4. There may be a need for additional terms of employment, depending on the position. PROBATIONARY PERIOD 1. All newly hired employees are subject to a probationary period beginning from their date of hiring with the Municipality, to assess their suitability to become a permanent employee. 2. The purpose of probationary employment is to determine employee's skill in performing his/her duties and ability to adjust to the working environment. It is intended to assist the employees to identify strengths and gaps in his/her job performance and to develop corrective strategies if necessary. 3. The probationary period will normally be three (3) months of active employment. Probationary periods for department heads are six (6) months. The probationary period may be reduced or extended to a maximum of one (1) year, at the discretion of the CAO/Clerk. Active employment is defined to exclude any leaves. 11 4,AYHA4 Op°+'tu nity 15v 4. Prior to completion of the probationary period, the supervisor will meet with the employee to review the employee's performance and recommends to the CAO/Clerk whether to make employment permanent or not. 5. The Municipality or employee may end the employment relationship without notice, for any reason during the probationary period, unless the employment agreement or statute specifies otherwise. If the Municipality ends employment, it will pay the payment in lieu of notice as required by statute. 12 80,111? Op�'�numty Is�0O EMPLOYEE CLASSIFICATIONS 1. All employees of the Municipality will be classified into the following classifications. The employee's classification will be set out in their employment agreement. If an employee is uncertain about their employment classification, please contact their immediate Supervisor or CAO/Clerk. 2. Payroll: ➢ Hourly ➢ Salary 3. Employment: ➢ Permanent full-time is an employee whose regular scheduled work week is at least twenty-four (24) hours per week. ➢ Permanent part-time is an employee whose regular scheduled work week is less than twenty-four (24) hours per week. ➢ Seasonal is an employee hired for a particular season with definite start and end dates. ➢ Casual is an employee that is called in on an as needed basis. ➢ Student is an employee who is currently enrolled in a recognized educational institution. A student may work on a part-time or seasonal basis. ➢ Contract is an employee who is hired for a specific project for a specified length of time. ➢ On leave (inactive) is an employee who is still in the employment of Municipality, may be receiving benefits but is not working and not being paid. ➢ Probation is an employee who has not completed their probationary period. PERFORMANCE EVALUATIONS 1. The Municipality is committed to providing full and part time employees with feedback and development opportunities on job performance goals and objectives. 2. The employee's manager will evaluate the employee's job performance prior to completion of the probationary period and annually thereafter in the designated month. 3. The purpose of the Performance Evaluations is to: ➢ Establish whether a probationary employee meets the performance standards required to successfully complete his/her probation; 13 4,AYil4ll1 °PPo unity IS-‘3 ➢ Focus maximum attention on the achievement of the employees assigned duties as listed in their job description; ➢ Create a tool that enables the employees manager to accurately assess the employees strengths and weaknesses and relate these assessments to current and future needs; ➢ Challenge the employee to continually improve their performance and personal effectiveness; ➢ Involve the employee in planning and implementation of their job related goals and objectives; and, ➢ Objectively relate placement on the approved salary grid to performance. 4. Performance evaluations are retained in the employee file and available upon request. CONFIDENTIALITY 1. The Municipality operates as a municipal government in Elgin County. Employees may have access to or become familiar with confidential Municipal information, by reason of their employment with the Municipality. 2. Confidential information may include, but is not limited to: compensation data, personal employee information, taxpayer and user accounts, collection rolls, contracts, drawings, sources of supply, pricing, financial information, land purchases and sale, etc. If an employee is uncertain as to what information is confidential and what is not, the employee will discuss with their manager or CAO/Clerk. 3. All employees of the municipality, as a condition of employment, will ensure that municipal information pertaining to clients, employees or other municipal business that may be acquired in connection to their employment with the municipality is held in strict confidence, during and subsequent to the employee's employment with the municipality. 4. All municipal employees must sign a Confidentiality Agreement as a condition of initial and continuing employment to ensure the security and protection confidentiality of municipal records and information. 5. Employees may share confidential information with each other, if entitled to, only in a private area of the workplace, and only when that information is required for the effective delivery of programs or services. 14 4,AYH.41tT 4 OppO+'tunity Is'1O,< 6. Employees are not to disclose or discuss such confidential information in public places or with members of their families. 7. Employees are prohibited, unless authorized, from removing temporarily or permanently, any confidential information stored in any form, including files, documents, tapes, computer disks and digital and electronic data or other media from any Municipal premises. PRIVACY, PERSONAL INFORMATION & PERSONAL RECORDS 1. The Municipality is committed to protecting the privacy and confidentiality of the personal information of its' employees, customers, and other stakeholders. This policy outlines the rules for collecting and preserving the personal information of all stakeholders. 2. All employees are expected to keep their own personal information confidential. 3. All Municipal personnel that are authorized to collect and store personal information and records of employees, customers, and other stakeholders, are accountable to ensure the personal and private information, to which they may have access, remains confidential and is only used for the purpose collected; is not disclosed without proper authorization, or used for personal gain. Employees who disclose personal information, contrary to this policy, will be subject to discipline. 4. The CAO/Clerk and Treasurer are accountable to obtain proper written consents before releasing any personal information of employees. 5. The CAOICIerk is responsible for the Municipal compliance with the applicable privacy statutes, including MFIPPA. The CAOICIerk will ensure there are systems and training in place, to safeguard personal information of all employees, customers, and other stakeholders. 6. During the course of employment with the Municipality, employees will be required to provide various private and personal information (such as date of birth, SIN, home address, etc.) to designated Municipality personnel. In addition, during the course of employment, various others documents (such as performance reviews, discipline, medical information, etc.) will be generated, in order for the Municipality to properly administer employment, payroll and benefits, in accordance with employment laws and Municipality policies. 15 ,p Y11Alt? 0PPo�nity IS`�ns e 7. The Municipality maintains one central personnel file for each employee containing all the above information. 8. If your personal contact information or personal situation changes (example: marital status or children), it is important for you to inform the Treasurer immediately. This is especially true if you are on any leave. 9. All employee personal information will be kept confidential and used only for employment, payroll, and benefits purposes. 10. At termination, personnel files are maintained for seven years and then disposed of in a secure manner. 11. After termination of employment, reference requests from third parties, related to an employee's employment at the Municipality, will only be answered with written authorization from the employee. 12. An employee may review their personnel file by making an appointment with the CAO/Clerk. CONFLICT OF INTEREST 1. Employees of the Municipality are expected to conduct themselves with personal integrity, ethics, honesty and diligence in performing their duties for the Municipality. Employees are required to support and advance the interests of the Municipality and avoid placing themselves in situations where their personal interests actually or potentially conflict with the interests of the Municipality. 2. A conflict of interest refers to a situation in which private interests or personal considerations may affect an employee's judgement in acting in the best interest of the Municipality. It includes using an employee's position, confidential information or municipal time, material or facilities for private gain or advancement or the expectations of private gain or advancement. A conflict may occur when an interest benefits any member of the employee's family, friends or business associates. 3. Employees who knowingly have financial interests in a Municipality contract, sale or other business transaction, or have family members, friends or business associates with 16 ist,'YHAAt -110111 , Opportunity Is- such interests, must not represent or advise the municipality in such transactions, or benefit from such conflict. 4. Employees are responsible to determine if their personal or family business or property interest may be in conflict with the business of the Municipality. If the employee realizes there is a potential for conflict of interest, the employee should immediately notify, in writing to their supervisor and/or the CAO/Clerk. The employee should do whatever they can to either remove themselves from the interest or from the decision-making process relative to the interest. HIRING OF RELATIVES 5. The Municipality is committed to avoiding any potential conflict of interest that may arise when relatives are in a reporting relationship in the workplace. Relatives of persons currently employed at the Municipality, or relatives of a member of Council or a local board, may be hired only if they will be employed in a position that does not directly report to or supervise the relative. The employee will not be able to be transferred into such a reporting relationship with a relative. 6. For purpose of this policy, a relative is defined as: ➢ Spouse ➢ Common-law spouse ➢ Child/Step-Child ➢ Brother/Brother-in-law ➢ Sister/Sister-in-law ➢ Mother/Mother-in-law ➢ Father/Father-in-law ➢ Common-law mother/father ➢ Spouse's mother/father ➢ Spouse's Common-law mother/father ➢ Grandparents/Spouse's Grandparents ➢ Aunt-Uncle/Spouse's Aunt/Uncle 7. All employees are required to report relationships to the Municipality that would make them in violation of this policy. If the relationship is found to have been deliberately concealed from the Municipality at the time the relative is hired, or thereafter, the Municipality may make immediate changes to the reporting relationship and both parties may be subject to disciplinary actions, up to and including termination. If the relative relationship is established after employment, the individuals concerned will decide who 17 Q,AYHA4T OP e9 pOrh+ei y Is 10° is to be transferred. If the decision is not made within thirty (30) calendar days, management will decide. OUTSIDE EMPLOYMENT 8. Employees shall not engage in any outside employment or business dealings that interfere with the performance of their regular duties, or from which they might derive personal benefit or gain by virtue of their employment with the Municipality. 9. An employee may hold a job with another organization as long as he/she satisfactorily performs his/her job responsibilities with the Municipality. If the Municipality determines that employee's outside work interferes with performance or the ability to meet the requirements of the Municipality as they are modified from time-to-time, the employee may be asked to terminate outside employment if he/she wishes to remain with the Municipality. 10. If someone other than the employee reports the interest, the supervisor will investigate it immediately. The employee in question will be immediately removed from the decision- making that involves the interest. 11. When an employee reports a conflict of interest to his/her supervisor, it should be in writing. The supervisor will share the conflict of interest with the CAO/Clerk. If the employee alleges wrongdoing on the part of the Municipality or its Council members, officers, employees, agents or contractors, he/she should report this in writing directly to the CAO/Clerk. PARTICIPATION ON COMMITTEES 1. The Municipality supports employees participation on internal and external committees for the mutual benefit of the Municipality and the employees, provided their supervisor is in agreement, and there are no conflicts that may arise including work demands and/or conflicts with the interests of the municipality. INTERNAL COMMITTEES 2. The Municipality encourages employees to sit on internal committees. Employees are required to discuss membership on an internal committee with their supervisor prior to acceptance, to identify any conflicts that may arise which may involve workload issues and scheduling conflicts between committee meetings and work demands. 18 $AYHA�I ppnrh+nity job, EXTERNAL COMMITTEES 3. Employees may also receive invitations to serve on external committees, agencies, boards, etc. If an employee anticipates that scheduling conflicts might arise with their job responsibilities, the employee should discuss with their supervisor. POLITICAL ACTIVITY 4. Employees should refrain from direct involvement in a local government political campaign in the Municipality. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this involvement does not affect the objectivity with which they must discharge their duties. PROGRESSIVE AND CORRECTIVE DISCIPLINE 1. The Municipality recognizes that in every organization, discipline is necessary in order to maintain a working environment in which employees willingly and promptly perform their responsibilities and abide by the standards of conduct and other human resource policies. The Municipality may use progressive discipline at its discretion, to alter unacceptable employee behaviour to conform to acceptable work standards. The goals are: ➢ To provide employees with advance warning that certain actions and/or behaviours are inappropriate and that a positive change is necessary; ➢ To ensure fair and consistent corrective action for all employees; ➢ To provide written documentation of behavioural or performance issues and the corresponding action that was taken; ➢ To inform the employees of consequences of unacceptable behaviour before it happens; ➢ It is expected that the need for disciplinary action will be minimal. 2. Purging of the employees record of discipline after 24 months providing the employee has not had any further disciplinary actions during that period, with the exception of incidences related to workplace violence and harassment. 3. The nature of the circumstance will dictate the level of disciplinary action take and with the discretion of the Manager and/or CAO/Clerk. Disciplinary action may include all or any combination of the following, and is not limited to: ➢ Informal Discussion: Casual, private discussion between the Supervisor and the employee will result when specific deficiencies in work conduct are noticed. The 19 g,AYH.41►T IS °,/unity IsY�J<g majority of problems are corrected this way and do not recur. This discussion may or may not be documented depending on the seriousness of the deficiency. ➢ Final Verbal Warning: An employee who fails to correct a problem that was discussed informally will receive a verbal warning. This is a serious warning directing the employee to improve the specified problems immediately. It involves a formal discussion in a private area. The Supervisor will outline what the issues are and exactly what must be done to correct them. An action plan of improvement and assistance will be jointly created. The Supervisor will document the discussion, and both parties will sign at the end of the discussion. A copy will be placed in the employee's personnel file and the employee will receive a copy. ➢ First Written Warning: If a subsequent violation occurs, the Supervisor will issue a formal written warning with a copy to the employee's file. The employee and Supervisor will meet in a private area to revisit the problem and/or issue, set specific written goals, deadlines and discuss assistance required for immediate improvement. A record of the meeting is prepared which both the Supervisor and employee sign. One copy is given to the employee and one goes to the employee's personnel file. ➢ Second Written Warning: The CAO/Clerk is consulted prior to the commencement of this step. A meeting and documentation is completed once again as above, and both parties sign the documentation from the meeting. Included in the second written warning is the possibility of suspension from work with or without pay. ➢ Final Written Notice: Written notice of termination of employment is given to the employee and the employment is terminated. This step requires the written approval of the CAO/Clerk. CONFLICT/PROBLEM RESOLUTION 1. The Municipality is committed to providing a workplace free of conflict, where employees are treated with fairness, dignity and respect. This policy is to provide employees with an outlet to raise concerns regarding any conflict in the workplace or dissatisfaction with respect to issues related to their employment in an open and fair manner with provisions made to ensure their prompt and reasonable resolution. Under no circumstance should any employee fear discrimination or reprisal in the workplace as a result of the filing of a complaint. 20 BAYS Itis, Opp°rtunity Is'lo to 2. The following conflicts should be reported, and the Municipality shall strive to address them with reasonable resolutions. Note, reports of discrimination, harassment or violence must be addressed through the Workplace Violence and Harassment Procedure. ➢ Disputes with co-workers or managerial employees with unwanted and unresolved consequences. ➢ Perceived unfair or inequitable treatment. ➢ Abuse of authority. ➢ Administration of municipal policies. 3. If a situation occurs when an employee believes that a condition of employment or a decision affecting them is unjust or inequitable, they can express their concerns through the problem resolution procedure, using the following steps. ➢ Employees are encouraged to discuss unwanted behaviour or actions with the offending party, and in an ideal situation, the two parties will reach a reasonable resolution. ➢ In the event the discussion is not possible or the parties fail to reach a reasonable resolution, a formal complaint can be filed. ➢ Formal complaints must be submitted within 14 days from the date of the alleged incident(s). ➢ The employee presents the details of the issue in writing to the immediate supervisor. In a situation where the immediate supervisor would be inappropriate the employee may present the issue to the CAO/Clerk. The employee should record the details including the unwanted circumstance(s), names of witnesses, and attempts to resolve the issue. ➢ Supervisor will review and investigate the complaint, including speaking with parties involved and witnesses. Supervisor will facilitate a reasonable resolution, communicate and document. ➢ If the employee feels the claim remains unresolved, a formal complaint may be made to CAO/Clerk. The CAO/Clerk will review and investigate the concern and attempt to resolve. ➢ An employee may present the issue to the Mayor for issues pertaining to the CAO/Clerk. 4. In the event that a complaint is substantiated and a reasonable solution to halt the unwanted behavior or action through mediation is not possible, the following actions shall be taken for the offending party: ➢ Written warning/reprimand. 21 g,AYH If, o , 0 OA, ,< Pol.tunity Is'iO ➢ Transfer or demotion, and in some instances both a transfer and a demotion. ➢ Education and training. ➢ Suspension. ➢ Termination of Employment. 5. In the event that a complaint is not substantiated due to lack of evidence or other reasons, both parties shall be informed with the rationale used. This does not necessarily mean that it was filed under false or frivolous pretences. A complainant may request that the investigation be re-opened in the event that pertinent new evidence can be provided, or a reprisal due to the allegation has occurred. 6. The municipality will keep all formal complaints, accompanying documentation and findings of any investigation on file. 7. Employees should be cognizant of the fact that a formal complaint against another employee is a serious allegation with repercussions. 8. Where a complaint is found to be either false or frivolous, or where supporting documentation for a complaint has been falsified, the complainant or witness may be subject to disciplinary measures up to and including termination of employment. GIFTS, GRATUITIES AND MONETARY BENEFITS 1. No employee shall solicit or accept any gift or accept or receive a fee, advance, cash or personal benefit that is directly or indirectly connected with the performance of his or her duties of employment. For the purposes of this provision any gift provided to an Employee's child, parent or spouse with the Employee's knowledge shall be deemed to be a gift accepted by that Employee; 2. The Municipality recognizes that moderate hospitality and participation in charitable non- profit fundraising and business events is an accepted facet of community participation and business relationships. Accordingly, the following types of gifts are recognized as exceptions to the prohibition in Section 1: a) gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibilities of employment; b) token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee for speaking at an event or representing the Municipality at an event; 22 4,AYHA�I OppOIllinity isYOs� c) food and beverages consumed at lunches, dinners, charity fundraisers, banquets receptions, ceremonies or similar events if the Employee's attendance serves a legitimate municipal purpose; d) communications to the Municipality including subscriptions to newspapers and periodicals; e) compensation authorized by law; f) services provided without compensation by persons volunteering their time; g) gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies, cultural events, sporting events, business galas, political events and similar events if the Employee's attendance serves a legitimate municipal purpose; 3. Within 30 days of receipt of any gift described in Section 2, Employees shall file a written disclosure statement with the CAOICIerk (or with the Mayor for the CAOICIerk) for any gift that exceeds $200 in value. Every disclosure statement shall indicate: (i) the nature of the gift; (ii) its source and date of receipt; (iii) the circumstances under which it was received; and (iv) its estimated value. 4. Every disclosure statement to the CAOICIerk or Mayor for the CAOICIerk shall be a matter of public record. 5. The CAOICIerk or Mayor shall report to Council annually on all gifts received by Members that are disclosed in accordance with Section 2, if any. 6. The CAOICIerk or Mayor shall examine every disclosure statement filed with him or her to ascertain whether the receipt of the gift might in her or his opinion create a conflict between a private interest and the public duties of the Employee. 7. If the CAOICIerk or Mayor makes a preliminary determination of a conflict the Member shall be asked to justify receipt of the gift 8. If the CAOICIerk or Mayor determines that receipt of the gift was prohibited the CAOICIerk or Mayor will issue discipline through the Progressive & Corrective Discipline process. DISCRIMINATION AND HARASSMENT IN THE WORKPLACE 1. Every employee of the Municipality has the right to receive fair treatment and to work in an environment that is free from discrimination and harassment. The Municipality is 23 Portunity is-- committed to providing a workplace free of discrimination and harassment in which all employees can be treated with dignity and respect. This policy will be reviewed as necessary, and at least on an annual basis. 2. The Municipality conducts business and treats all employees in accordance with all applicable Human Right's legislation. The Municipality does not condone and does not tolerate harassment of any kind. 3. Employees shall not be harassed or discriminated against by the employer, by anyone acting as an agent for the employer or by another employee because of race, ancestry, place of origin, ethnic origin, citizenship, religion, creed, colour, sex, sexual orientation, age, record of offences for which a pardon has been granted, family status, handicap or any other grounds prohibited under the Ontario Human Rights Cod. Harassment undermines an individual's self-respect and adversely affects work performance and well-being. 4. Supervisors, who do not exercise their responsibility to prevent or discourage harassment of or by their employees, are considered to be as guilty of violating this policy as if they had committed the harassment. Therefore, any supervisor who willfully disregards a report of harassment of/by his/her employees may be subject to discipline up to and including dismissal. WORKPLACE HARASSMENT 5. "Workplace harassment" means different things to different people and may be influenced by cultural, religious background, and/or geographical location. Workplace harassment means engaging in a course of vexatious comment or conduct against an employee in a workplace that is known or ought reasonably to be known to be unwelcome. Workplace harassment may include conduct which is offensive, embarrassing, or humiliating to others, and may further include visual representation, electronic messages, written messages, verbal and/or physical conduct. Unwelcoming behaviours may create hostile work environment. SEXUAL HARASSMENT 6. Sexual harassment is a specific form of harassment. It may include behaviours that are not necessarily sexual in nature, but relate to the person's gender and demeans, belittles or causes personal embarrassment to the recipient. These behaviours are known or ought reasonably to be known to be unwelcome. 24 V,AYHA.41 Oppn+tunity IS' 0 7. Examples of sexual harassment and inappropriate gender-related behaviour include, but are not limited to, comments, gestures and non-verbal behaviour, visual materials and physical contact. Comments made or actions taken may not be intended to offend another person. However, intent is not a prerequisite to establishing that behaviour is discriminatory. ABUSE OF AUTHORITY 8. Abuse of authority means an individual's use of power and authority inherent in the position held in a manner which serves no legitimate work purpose and which ought reasonably to be known to be inappropriate. It includes misuses of power that are intimidating, coercive or demeaning. The legitimate and proper exercise of employer's right to supervise or manage (for example, performance reviews, work evaluations and disciplinary measures taken for any valid reason) does not constitute harassment under this policy. PSYCHOLOGICAL HARASSMENT 9. Psychological harassment is bullying or humiliating behaviour that has the following components: ➢ Generally repetitive, although a single serious incident of such behaviour may constitute psychological harassment if it undermines the recipient's psychological or physical integrity and has a lasting harmful effect, ➢ Hostile, abusive or inappropriate, ➢ Affects the recipient's dignity or psychological integrity, ➢ Results in a poisoned work environment 10. Not all conflict at work constitutes bullying or psychological harassment and it should not be confused with legitimate management actions or normal human conflict. WORKPLACE HARASSMENT DOES NOT INCLUDE 11. Appropriate direction, evaluation or discipline by a manager or supervisor; Stress associated with the performance of job duties; ➢ Friendly teasing or bantering that is mutually acceptable; and ➢ Friendly or romantic behavior that is welcome and mutual. DISCRIMINATION 12. There are three ways in which a person might suffer discrimination: 25 AY Oppo.tunity is.10 ➢ Directly: where a person treats another person unequally or differently because he/she is a member of a group of persons who are identified by a prohibited grounds under the Human Rights Code. ➢ Indirectly: where a person causes another person to act on his/her behalf and discriminates against a person because of his/her membership in a group of persons who are identified by a prohibited ground under the Human Rights Code. ➢ Constructively: where a neutral requirement, qualifications or factor has an adverse impact on members of a group of persons who are identified by a prohibited ground of discrimination under the Human Rights code. EXCEPTIONS 13. The legitimate and proper exercise of the employer's right to supervise or manage (for example, performance reviews, work evaluations and disciplinary measures taken for any valid reason) does not constitute harassment under this policy. 14. Hiring, performance/salary reviews, discipline, transfer, promotion, termination and other career decisions must be based solely on work criteria. WHAT DO I DO IF I AM EXPERIENCING DISCRIMINATION OR HARASSMENT IN THE WORKPLACE? 15. An employee who believes he/she is being harassed should: ➢ Make it known that the action is unwelcome and will be reported unless it is stopped immediately. ➢ Keep a written record of dates, times, and nature of behaviour and witnesses, if any. ➢ If the harassment continues, speak to an uninvolved supervisor and confirm the complaint in writing to the uninvolved supervisor and/or CAO/Clerk. ➢ Employees should note that failure to keep a diary of the event may invalidate the complaint but a record will, however, reinforce it. INVESTIGATION PROCEDURE 16. Management has the responsibility to respond immediately to complaints of harassment in accordance with the following steps: ➢ Inform the complainant that an investigation is being conducted, ➢ Interview both parties as soon as possible, ➢ Interview any witnesses, 26 iNfaH44,1 b Oppottunity_I:o t ➢ Interview past and present employees, if necessary, to determine if harassment has occurred, ➢ Warn all parties that all interviews and information must be kept confidential, ➢ Consult the Human Rights Commission, if necessary, before responding to the complaint, ➢ Render the decision and discuss the findings with the alleged harasser. DISCIPLINE 17. If the allegations are found to have substance, then management may determine the appropriate level of discipline, up to an including immediate termination of the harasser. If the allegations are found not to have substance, the investigator will maintain a confidential file on the allegations in the CAO/Clerk office. The complainant will assured that there will be no recrimination because of complaint. WHAT TO DO IF YOU ARE ACCUSED OF HARASSMENT OR DISCRIMINATION? 18. If you are at fault, immediately cease the behaviour that the complainant finds offensive and apologize to the complainant. Failure to cease this behaviour will leave you vulnerable to a formal complaint and to discretionary action up to and including dismissal if the complaint is substantiated. 19. If you believe that the complaint is unfounded and/or made in bad faith, discuss the matter with your supervisor. 20. If you are named as the harasser in a complaint, the investigative procedure for such complaints is a comprehensive one and will involve your supervisor and other parties as deemed necessary. 21. If any event, document your version of the alleged incident, including times, place and witnesses. VIOLENCE IN THE WORKPLACE 1. The management of the Municipality is committed to prevention of workplace violence and is ultimately responsible for worker health and safety. The Management will take whatever steps are reasonable to protect workers of the Municipality from workplace violence. 27 -150E44 Opportunity.Is�ov 2. This policy applies to all activities that occur while on Municipal premises or while engaging in work-related activities or social events. Any act of violence committed by or against any member of the workplace or member of the public is unacceptable conduct that will not be tolerated. Everyone is expected to uphold this policy and to work together to prevent workplace violence. WORKPLACE VIOLENCE 3. "Workplace violence" is defined as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an: ➢ attempt to exercise physical force against a worker in a workplace, that could cause injury to the worker; and a ➢ statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. 4. The following list of behaviours, while not exhaustive, provides examples of conduct that is prohibited: a. Threatening behaviour—shaking fists, destroying property, or throwing objects b. Property damage —theft, destroying property, vandalism, sabotage of equipment, or arson c. Verbal or written threats— any expression of intent to inflict harm d. Bullying and intimidation e. Verbal abuse —swearing, insults or threatening language f. Psychological trauma — includes stalking g. Physical attacks or assaults — hitting, shoving, pushing or kicking h. Murder i. Sexual Assault 5. Workplace violence can occur at off-site municipal business-related functions, at social events related to work, or away from work but resulting from work, e.g.: a threatening telephone call to an employee's home from a member of the public. Any individual who assaults a staff member is liable to be charged under the Criminal Code of Canada and the staff who has been a victim of such violence has the right to bring charges against the aggressor. All staff is entitled to the support outlined in this policy whether or not charges are pursued. 28 loY1144 OppOnunity I51°s WORKPLACE 6. The workplace includes all locations where business or social activities of the Municipality are conducted. Violence in the workplace may also include incidents that happen away from work (e.g., unwelcome phone calls or visits to a person's home) if it is connected to the victim's employment with the Municipality. DOMESTIC VIOLENCE 7. The term "domestic violence" refers to a broad range of behaviours that may be perpetrated by one person against his or her partner with the aim of securing and maintaining control, power, and/or domination over the partner. Such behaviours include, but are not limited to, coercive physical, psychological, sexual, economic and/or emotional abuse and threats. REPORTING OF VIOLENCE 8. To ensure early identification and prevention of violence in the workplace, all staff are responsible for reporting to their immediate supervisor any incident committed by another staff member, volunteer, co-op placement, student, agents of the Municipality, consultants, and contractors, or a member of the public of Council, that constitutes a potential or actual threat of violence towards a staff member, especially if one or more of the following factors is known to be present or to have occurred (the list is not exhaustive): a. Threatening statements to do harm to self or others b. References to other incidents of violence c. Intimidating behaviour such as insubordination, open defiance, pestering or confrontational behaviour d. History of violent, reckless, or anti-social behaviour e. Recent marked decline in performance f. Major change in personality, mood, behaviour, or standards of personal grooming g. Obsessions with persons or things, particularly weapons h. Experiencing what appears to be serious stress in personal life i. Substance abuse Such reports may be made confidentially at the staff's request, with the exception of steps taken to ensure the safety of others and the prevention of recurrence. For example, confidentially may not be assured where it becomes necessary for the Municipality to file a police report. If you are the victim of, or are a witness to, a violent incident in the workplace, contact your immediate supervisor, or dial 911. 29 $p,YHA 4 Op1Onunity WO. 9. The Municipality will ensure that this policy is implemented and maintained, and that all workers and supervisors have the appropriate information and instruction to protect them from violence in the workplace. 10. Supervisors are responsible for ensuring that measures and procedures are followed by workers and that workers have the information that they need to protect themselves. 11. All workers are encouraged to raise any concerns about workplace violence and to immediately report any violent incidents or threats to your supervisor or another member of management. There shall be no reprisal against individual who, in good faith, reports an incident of violence or participates in an investigation. 12. No employee or any other individual affiliated with the Municipality shall subject any other person to workplace violence or allow or create conditions that support workplace violence. An employee that subjects another employee, client, or other person to workplace violence may be subject to disciplinary action up to and including termination. 13. Management pledges to investigate and deal with all incidents and complaints of workplace violence in a timely and fair manner, respecting the privacy of all concerned. REPORTING PROCESS 14. Obligation to Report Employees are to report a situation that he/she believes is workplace violence under this Program. A report may be made by the actual victim of alleged workplace violence; by a co-worker who witnessed the incident(s); or by a third party reporting on behalf of the victim(s). Employees who, with an honest and good faith belief, provide information about behaviour or actions which they perceive as threatening or potentially violent will not be subject to disciplinary or other form of reprisal if their perceptions are not substantiated. However, if it is learned that an employee intentionally made a false report or provided false information regarding the report, disciplinary action up to and including termination may be taken against that employee. 15. How to Make a Report A report should normally be made as soon as possible after the relevant action or behaviour occurred. Promptness in reporting protects the safety of all employees, as well as the rights of both the person making the report and who is the subject of a report. Although an employee may choose to make a verbal report, it is in the best interest of all concerned to provide a written report, which should contain a brief account of the incident, when it occurred, the person(s) involved and the names of witnesses, if any. The report 30 0.131441 O"POrtur ity is we should be signed and dated. An employee making a verbal report may be required to provide their report in writing. A report under this Program may be submitted to the supervisor, manager, department head of either the employee who made, or is the subject of, a report, or CAO. If the report is submitted to the supervisor or manager, it shall be referred directly to the department head and CAO within two (2) working days of receipt. CAO will investigate, or assign another senior manager trained in workplace violence investigations to investigate the situation and to report back with recommendations, or retain an external investigator. 16. Investigation To the extent possible, the investigator shall ensure that the incident is investigated promptly and fairly, in a discreet and confidential manner so as to minimize embarrassment to all parties. The identity of the complainant will be kept confidential to the extent possible during the investigation process As soon as is reasonably practicable, the person assigned shall initiate the investigation by meeting with the individual who made the report. The individual may be accompanied by another employee of his/her choice in any meeting with the investigator. The investigator shall confirm receipt of the report, clarify details, and apprise the individual of the steps that will be taken. The Investigator will also make all appropriate inquiries of the alleged victim and/or any witnesses to determine the nature and severity of the incidents alleged. After speaking with the applicable department head or designate, the investigator has the authority, subject to applicable laws, to talk with anyone, examine any documents, and enter any work locations that are relevant to the reported incident. If Police Services request that the Municipality delay its investigation pending the completion of a police investigation, the investigator will cease his or her investigation until CAO approves of its continuation. An employee who is the subject of a report and who refuses to discuss potentially violent behaviour or cooperate in attempts to assess or defuse the risk of workplace violence may, if information is uncovered through fact-finding to establish a reasonable possibility of risk, be suspended without pay and benefits until he/she agrees to cooperate and provides proof of cooperation. Refusal to co-operate may result in dismissal if the employee has received written notice to that effect and has been given a reasonable opportunity to cooperate. Interventions that may form part of a risk assessment or plan of action for an employee who is the subject of a report or investigation may include referral to the employee's physician, use of short-term disability plan or temporary leave of absence, referral to counseling and other services, fitness-for-duty evaluation and other appropriate interventions. More serious situations may warrant suspension, obtaining appropriate court orders, and/or police involvement. 31 4,AYH& °ppo.un,ty js•oy<g Depending upon the circumstances, the department head or CAO may determine that it is appropriate to physically and/or operationally separate the employee who made, and the employee who is the subject of the report, until the investigation has been completed. In more serious situations, the Municipality may suspend the employee who is the subject of the report pending the investigation. 17. Findings and Recommendations Once the investigation is complete, the investigator will submit a confidential written document to CAO. The document will summarize the investigator's findings and conclusions and will recommend corrective action if appropriate. A conclusion about whether a specific incident of workplace violence did or did not occur should be based upon the balance of probabilities. If the findings do not support the initial report, the investigator will recommend that no further action is necessary and that the matter be closed. However, if the findings do support the initial report, the investigator will recommend measures to correct the situation. The Chief Administrative Officer will review the investigator's findings, conclusions, and recommendations, as well as any comments received in relation to it before making a final decision. In cases likely to result in suspension or termination from employment and/or where the respondent has been the subject of several reports, the Chief Administrative Officer may approve, change or reject any of the investigator's recommendations. 18. Discipline In responding to the threat or incident of violence, actions that warrant consideration may include changes to the physical work space, changes to work schedules and/or patterns, changes to procedures to offer better support and protection, withdrawal of services, police intervention and the use of appropriate court orders. Employees who are found to be at risk of engaging in violent conduct or who have engaged in violent conduct may be subject to discipline up to and including suspension and/or dismissal if warranted. Employees who engage in repeat violent behaviour after a first incident is reported may be subject to immediate dismissal or suspension pending the development of an appropriate plan of action. Employees who engage in serious violent behaviour may be subject to immediate dismissal for a first incident. The appropriate disciplinary action imposed, if any, shall be determined by mutual agreement of CAO and the affected department head(s), based on the particular circumstances of the case. In accordance with the Municipality's disciplinary procedures, no employee shall be suspended without authorization of the applicable department head and no employee shall be discharged without authorization by the Chief Administrative Officer. 32 g,AYHA4t 4 g OPPOnanity IS-- TRAUMA SUPPORT 19. Employees who have witnessed or experienced a traumatic event may need special support. Their special needs will be acknowledged and accommodated. The Chief Administrative Officer or designate, will coordinate any special assistance that may be required. NOTE: If the employee, who is the victim of the violent activity, does not wish to pursue the matter, then the wishes of the employee are respected, provided that doing so does not compromise the safety of other employees, or the client or premises of the Municipality. TECHNOLOGY AND CORPORATE PROPERTY 1. The Municipality establishes rules and procedures to ensure that appropriate use of its technology, equipment and supplies. Technology includes, but is not limited to, computers, internet, cell-phones, software, social media and email. TECHNOLOGY 2. It is important to the Municipality to enhance the productivity of authorized employees by providing appropriate access to technology. This policy is intended to provide guidance in the professional and responsible use of technology, including: ➢ To protect against irresponsible, unauthorized, and illegal activities. ➢ To ensure privacy, security, and reliability of all computer systems and information. 3. Employees have access to computers, email and internet and are accountable for its proper use. The systems are owned and maintained by the Municipality and are intended to be used for business purposes. Personal use is allowed in emergency situations and off working hours. Abuse of this policy may result in discipline and/or removal of related privileges, with the discretion of the CAO/Clerk. 4. Employees should not use a password, access a file, or retrieve any stored communication without authorization. Employees should not leave their computers unattended when they are logged on, to ensure confidentiality. 5. The Municipality prohibits the use of computers, email and internet in ways that are disruptive, offensive to others, or harmful to morale. The display or transmission of sexually explicit images, messages, and cartoons are not allowed. Other misuse includes, but is not limited to, ethnic, slurs, racial comments, colour jokes, or anything that may be construed as harassment and/or showing as being offensive/disrespected to others. 33 ISO Halitt o.; °Pp fittunity Is-O SOFTWARE LICENSING 6. Employees may only use softwares on the local area network or on multiple machines according to the software license agreement, unless otherwise approved by the CAO/Clerk. CORPORATE PROPERTY 7. Electronic devices (cell-phones, pagers, etc.), equipment, furniture, supplies, and other property of the Municipality have been acquired for the purpose of achieving municipal and program objectives. 8. The use of electronic devices for occasional personal use should not interfere with work- related activities, nor should the Municipality incur extra costs. Employees are to inform information technology (IT) representative when they will be out-of-county so that an appropriate plan can be implemented during that timeframe. In the event that IT is not informed, the individual shall be responsible for costs incurred as a result of not implementing the appropriate out-of-country plan. 9. The unauthorized use of corporate property, resources or premises, and the unauthorized removal or property from the Municipality's premises, without the prior approval of the supervisor, are subject to discipline up-to and including dismissal and may be subject to criminal charges. 10. No employee should have any expectation of privacy as to any use of the Municipality media and equipment. 11. Personal use of computer, internet, e-mail and other Municipal technology should be restricted to unpaid time. OWNERSHIP OF DATA AND SOFTWARE 12. All equipment and software programs, information and data installed and/or created on municipal equipment, belongs to the Municipality. This includes all programs, documents, emails, spreadsheets, databases, and methods of techniques, etc. developed using corporate equipment and/or software, while employed with the Municipality. 34 BAY4,1 e Oppnnunitylobo SOCIAL MEDIA 13. The Municipality may use social media (Twitter, Facebook, Instagram, Linkedln, etc.)from time-to-time to advertise for events, hiring purposes, etc. Employees should not misuse the use of social media. Personal use of social media may only be used during your own time and off working time. USE OF MUNICIPAL VEHICLES AND EQUIPMENT 1. Certain employees of the Municipality may be required operate various municipal vehicles and equipment in the course of their job. The Municipality is committed to the proper maintenance and safe driving of all vehicles and equipment used for municipal business. 2. When using municipal vehicles and equipment employees are expected to exercise care, perform required maintenance, and follow all operating instructions, traffic regulations, safety standards, and guidelines. Employees shall also notify the supervisor if any vehicle or equipment appears to be damaged, defective, or in need of repair. 3. The improper, carless, negligent, destructive, or unsafe use or operation of vehicles and/or equipment, as well as avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. If an employee receives a driving and/or parking violations in a municipal vehicle and/or during municipal time, it is not the responsibility of the Municipality. 4. Vehicles or equipment owned, leased, or rented by the Municipality may not be used for personal use without prior approval from the Supervisor. 5. Municipal vehicles are to be parked on Municipal premises when not in business use unless authorized to be parked offsite. 6. Employees operating municipal vehicles and/or equipment must be free of any influence of any substance, including alcohol, marihuana and illegal drugs which may cause impairment. Smoking or vaping is not allowed in any Municipal owned, leased, or rented vehicles and equipment. Violation of this rule may lead to progressive discipline, up to and including termination. DRIVER'S LICENSE 7. All employees driving for municipal business must possess a valid driver's license. If the employee's license is void or suspended, they may not operate a municipal vehicle and must report to the CAO/Clerk, as soon as reasonable possible. Drivers that work in a 35 g um OppOnty Is'(o position that requires them to drive to conduct their duties for their position, may be asked to generate an annual official Driver's Abstract. LAYOFF 1. At times the Municipality, due to change in strategic direction, loss of services, financial reasons, or other reasons, may have to reduce the workforce. 2. Where possible, the Municipality will attempt to avoid layoffs by relying on natural attrition. If attrition doesn't result in sufficient reduction in the work force, volunteers will be requested. The last resort is to select particular employees for layoff. 3. If layoffs are found to be necessary, the Municipality will implement in accordance to the Employment Standards Act (ESA). Layoffs are not considered an end to the employment contract. 4. Employees on temporary layoff may have regular benefits to which they are entitled to continue, as awarded by the Municipality's insurance provider. 5. Any unpaid accrued vacation pay will be paid out to employees with their final pay before the layoff. 6. If employees are laid off, they will be given as much notice as possible of the layoff and will receive a letter explaining all arrangements. Employees will not be paid during a layoff. 7. When an employee is given notice to return to work from layoff, the employee must return to work on the day they are requested to do so. If unable to comply, the employee is responsible to contact the CAO/Clerk so alternative arrangements can be made. TERMINATION 8. Terminations may arise from Involuntary Termination by the Municipality, Resignation, Retirement and Abandonment. The Municipality is committed to handle all terminations in good faith, in a fair and consistent manner, and in accordance with the Ontario Employment Standards Act, Ontario Human Rights Act and all other applicable statues with respect to terminations. 9. Employees who retire or resign from their employment with the Municipality may be requested to participate in an exit interview with CAO/Clerk. 10. Involuntary terminations require the review and written approval of CAO/Clerk. 36 -0.0114.4 4 Op 4O amtyIs- 11. An employee who is released for disciplinary reasons (except for just cause) or inability to perform work duties will receive a warning, written or otherwise, over the Municipality's Progressive and Corrective Disciplinary policy, prior to involuntary termination proceedings being implemented. 12. Terminated employees agree to return all municipal property including all employee passwords and documents prior to their departure. RESIGNATION 13. All employees should give a minimum of two (2) weeks' notice (or longer where required by their employment contract) to the Municipality of their intent to terminate their employment. To facilitate replacement of any employee, the Municipality requires the longest amount of notice possible, particularly from more senior employees. 14. The Municipality recognizes that retirement is an individual choice to work until the normal retirement age, to retire early, or to postpone retirement. RETIREMENT 15. The Municipality does not have a mandatory retirement age. Based on satisfactory performance, employees may continue to work past the traditional retirement age of 65 unless prohibited by legislation. 16. The Municipal group insurance policies may change coverage based on age. See your group benefit and Ontario Municipal Employees Retirement System (OMERS) booklets for more information. 17. Employees considering retirement should inform their supervisor as soon as possible to discuss the process, and facilitate transition and succession planning. ABANDONMENT OF EMPLOYMENT 18. Employees resigning their position are required to give proper notice. In addition, employees who are absent unexpectedly from work are required to notify their Managers within a half hour of their scheduled shift start time, as to the reason of their absence. Employees who are absent from work for three (3) consecutive working days or more without notice, are deemed to have terminated their employment. 19. When an employee is absent without notice the Manager must take immediate steps to contact the employee. If attempts to reach the employee are unsuccessful, the Manager must consult immediately with the CAO/Clerk to assure that all appropriate procedures are followed. 20. The Municipality must notify the employee of the intent to termination employment in writing by registered mail. The letter may be sent on the second day of absence. 37 4,p,YAA1� OPPOnuneity IsYO, EMPLOYMENT VERIFICATION 1. Consistent with the Municipal Freedom of Information and Protection of Privacy Act, the Municipality will not disclose salary or employment information to a third party unless required to by legislation. 2. Employees requiring verification of their employment/salary is to contact payroll or their supervisor. Payroll or the supervisor will prepare written confirmation of employment/salary addressed to the employee for his/her release to any third party. Request for employment/salary verification should be fulfilled within two (2) working days. COUNCIL STAFF RELATIONS 1. Mutual respect and cooperation are required to achieve the Council's corporate goals and implement the Council's strategic priorities through the work of staff. 2. Employees have an obligation to recognize that members of Council have been duly elected to serve the residents of Bayham and respect the role of Council in directing the actions of the Municipality. CONDUCT INVESTIGATIONS 1. Informal Complaints Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2—Employee Conduct&Guidelines may address their concerns in the following manner: a) Advise the Employee that their behaviour or activity contravenes Section 2—Employee Conduct&Guidelines; b) Encourage the Employee to stop the prohibited behaviour or activity; c) If applicable, confirm to the Employee your satisfaction or dissatisfaction with his response to the concern identified; d) Keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. e) If not satisfied with the response received through the informal process, an individual may proceed with a formal written complaint 38 $AY1144 gyp-onunity li. through the CAOICIerk, or if the complaint is about the CAOICIerk through the Mayor. 2. Formal Complaints Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2—Employee Conduct&Guidelines may address their concerns through the formal complaint process set out below. a) All formal complaints must be made using the Municipality's Complaints Form-Staff and shall be dated and signed by the complainant; b) The complaint must include an explanation as to why the issue raised may be a contravention of Section 2—Employee Conduct& Guidelines and any evidence in support of the allegation must be included with the Complaints Form/Affidavit; c) Any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; d) The Complaint Form/Affidavit must include the name of the Employee alleged to have breached Section 2 — Employee Conduct & Guidelines, the specific section of Section 2 — Employee Conduct & Guidelines allegedly contravened, the date, time and location of the alleged contravention and any other information as required on the Complaint Form/Affidavit; e) The complaint shall be filed with the CAOICIerk, or if the complaint is about the CAOICIerk through the Mayor who shall confirm that the information is complete as to a), b), c) and d) of this section. The CAOICIerk or Mayor will determine whether the matter is, on its face, a complaint with respect to non- compliance with Section 2— Employee Conduct&Guidelines, and not covered by other legislation or policies; and f) The CAOICIerk or Mayor may request additional information from the corn plainant. g) Corrective action or discipline, if any, will be determined by the CAOICIerk or Mayor in accordance with the Progressive Discipline policy and the decision of the CAOICIerk or Mayor shall be final. 39 4, 74 SECTION THREE : PAY ADMINISTRATION AND BENEFITS g,AYHA4 Opp,Ortu nity I5-0o COMPENSATION PHILOSOPHY 1. The total compensation program for the Municipality consists of base salary, variable compensation (short-term incentives and supplementary pay), and benefits. The total compensation program is central to the Municipality's strategy to attract, engage, motivate and retain qualified employees through an internal equitable, non- discriminatory and externally competitive compensation program. 2. Compensation is structured to: ➢ Establish appropriate pay differentials between position levels to account for differences in scope of responsibilities. ➢ Reward performance as measured by the attainment of individual, department and corporate objectives. ➢ Recognize the acquisition of knowledge, skills and experience pertinent to the employee's position. 3. The Municipality is committed to providing employees with clear and open communication regarding compensation policies and practices, as well as performance feedback. The Municipality is also committed to complying with the Ontario Pay Equity Act and promotes the concept of equal pay for work of equal value. 4. The Municipality, for non-unionized employees, will perform a market check normally every four (4) years, which will include: ➢ The pay band grid will be compared to the market, ➢ Council will approve the comparators to be used, ➢ The median or fiftieth (50th)percentile of the job rate of the comparators will be used, ➢ The overall pay band grid may increase, decrease or remain the same as the result, ➢ No employee's pay will be reduced as a result of this exercise. However, individual pays may be frozen until the pay for their position catches up to their current pay. Employees in this situation will not be eligible for the annual pay adjustment until their pay is equal to or exceeds the job rate in their pay band, ➢ Council will approve the market check and implement the results. 41 $AYllettlif SISI` OpponuR`tyIs'0os< PAY ADMINISTRATION 1. Salaries at the Municipality shall be determined in accordance with the Salary Schedule as approved and amended from time-to-time by Council. PROMOTIONS 2. A promotion shall be considered as a reassignment of duties to employees that would cause his/her new position to be paid in a higher salary classification than the previous position. All employees, upon promotion, shall receive payment of at least the minimum rate of the new position, expect in instances when an employee does not meet the full minimum requirements of the new position. In such cases, the CAO/Clerk will determine if a reclassification is necessary. In no case, shall an employee receive less than his/her current salary by promotion. 3. Subsequent increases in the new range will occur on the anniversary date (or establish date) of the transfer or promotion. DEMOTIONS 4. A demotion shall be considered as being a re-assignment of duties to an employee that causes the new position to be paid in a lower salary classification than the previous position. This may occur as a result of organizational changes, work shortages, inadequate performance and diminished employee capability or at the employee's request. 5. If an employee is permanently demoted or transferred to a position in a lower salary level, the compensation shall be held at the existing level until the step in the lower grade for the position reaches the existing salary through economic adjustments, with the discretion of the CAO/Clerk. The salary is increased subsequently when salary ranges are increase across the board as a result of economic adjustments that affect the whole salary system. 6. The Municipality understands and recognizes long and loyal service. Therefore, will try to minimize the financial impact of demotions to employees and will try to keep their current salary until the range of the lower salary range catches up across the board of economic adjustments that affect the whole salary system. 42 0.YHA.4,1 0PP°ttuntty Is'lOJt TEMPORARY TRANSFERS 7. If the temporary transfer is to a position at a lower salary level, an employee may retain his/her current salary. "Temporary" can be a period of up to, but not exceeding, six (6) months. 8. If the temporary transfer is to a position at a higher salary level, "acting pay" may be provided in accordance with the Acting Pay policy. PROBATION AND PERFORMANCE EVALUATIONS 9. After successful completion of a probationary period with a satisfactory performance evaluation, salary adjustment may be awarded, unless otherwise decided by the CAO/Clerk for special circumstances. 10. Upon a successful completion of an annual performance evaluation, employees are eligible at this time to move upward on the salary grid from level to level, effective on the annual date set out by the CAO/Clerk and Council. Movement up the salary grade is done until job rate is reached. 11. If an employee's performance evaluation is unsatisfactory, the salary movement will be deferred until a follow-up evaluation can be made, normally within three (3) months. If the second evaluation demonstrates improvement, the merit increase adjustment in the pay band may be awarded, but may be withheld for three (3) months from the employee's start date in the position. ANNUAL ADJUSTMENT TO PAY BAND GRID — NON UNIONIZED 12. Each year on January 1 the entire pay band grid may move up by % using an established formula. 13. The formula to be used is the annual Stats Can Ontario CPI for the 12 months ended October 31 each year. 14. The job rate will increase by the annual adjustment and the other five steps calculated as a % of the job rate. 15. The annual adjustment pay band increase is not automatic each year. It depends on Municipality finances and affordability and is subject to annual Council approval through the Operating Budget. 43 pp�rtunity IsYo, 16. If the formula in a given year, results in a negative % the pay band grid will remain the same as the previous year. In the following year the negative % will be netted against a positive %. 17. If Council approves an annual adjustment through the Operating Budget, all staff with at least satisfactory performance will have their pay increase by the amount of the increase in their step NEW AND RECLASSIFICATIONS 18. When a new position is created, or duties of an existing position change sufficiently that a reclassification may be necessary, a new job description shall be written. The duties of the new or revised position shall be rated by the CAO/Clerk, using the job evaluation system. Based on this assessment, the position shall be placed in the appropriate salary grade. JOB EVALUATION SYSTEM 1. The Municipality, for non-unionized employees, utilizes a Job Evaluation System to determine the relative ranking of position within the Municipality by means of systematic and detailed analysis of job content. The Job Evaluation System provides for a salary administration plan designed to compensate employees in a manner which is equitable, ensures internal equity, and is in compliance with the Pay Equity Act. JOB EVALUATION 2. Job evaluation is tool that is used to help establish the relative worth of all jobs within the Municipality. It applies common factors that measure the worth of jobs so that fair and equitable salary ranges can be applied to them. The job evaluation tool helps with the establishment and maintenance of sound salary differentials between jobs. Job evaluation builds a foundation for consistent administration and maintenance of salary ranges. The CAO/Clerk is responsible for managing the Job Evaluation System. 3. Job evaluation reviews are generally initiated in response to: ➢ Department restructuring; ➢ New Positions; or ➢ Significant changes in duties, responsibilities or accountabilities of existing job that changes the scope of the job. It is applied to job requirements, not the capabilities of individuals. 44 INAYHAl1i o> 0 _ �9 pPOi/unity jfLol ACTING PAY 1. The Municipality will provide acting pay to employees who are temporarily assigned to perform the majority of responsibilities, including the essential elements of a higher paying job classification, for more than the noted consecutive working days. The following may apply: 2. No change in wage will result if the assigned job classification is lower than the employee's current classification, unless mutually agreed upon. 3. Where the employee is assigned to perform the majority of the duties of the higher rated job classification, including the essential elements, the employee will be paid, at the minimum rate of the assigned pay band of the higher rated job classification provided the assignment is: ➢ Minimum ten (10) consecutive full working days in a manager assignment; or ➢ Minimum five (5) consecutive full working days in all other assignments. 4. Exception: ➢ Where such a change results in an increase of less than 5%, the employee shall receive ➢ the next higher wage rate in the pay band; and ➢ The employee's new wage rate may never exceed the maximum of the higher rated job classification. SUCCESSION PLANNING 5. Employees selected for career grooming and development for promotion to high rated job classification will be placed in a higher pay grade for a specified and a greed upon timeframe (i.e., 12 to 18 months). The higher pay grade will be determined based on the level of responsibility assumed during this period. 6. All temporary assignments and acting pay must have prior written approval from the CAO/Clerk. PAYROLL ADMINISTRATION PAY DAY 1. Employees will be paid bi-weekly with the pay period beginning on Monday and ending on the second (2nd) Sunday following. Payment will be made by direct deposit to the employee's bank account on Friday. 45 �,pXHA�l 0•Pon-unity IsXo- 2. Each employee will be provided a statement of gross earnings, vacation pay, and deductions for the payroll period. Pay stubs will be distributed by the Treasurer and will only be released to the employee. 3. In the event that a regularly scheduled payday falls on a day off such as a holiday, employees will receive pay on the last day of work before the regularly scheduled payday. 4. Salaried employees shall be paid on the basis of their annual salary divided by the number of pays in each year. 5. A T4 will be distributed to employees and former employees with earnings for the previous year, on or before February 28th of each year. PAY ADVANCES 6. The Municipality does not provide pay advances on wages to employees. ERRORS IN PAY 7. In the event that there is an error in the amount of pay, employees should promptly bring the discrepancy to the attention of their manager. Any required corrections will be documented and an adjustment will appear on the employee's next pay stub. PAY DEDUCTIONS 8. The Municipality must make certain deductions from every employee's remunerations, including applicable Federal and Provincial income taxes, Employment Insurance, and Canada Pension, to the amounts stipulated by legislation. Membership of OMERS is mandatory for regular full-time employees, and the amounts as directed by the plan are deducted from each employee's pay. 9. Where the Municipality offers programs and benefits beyond those required by law, Employees will sign a form at the start of their employment authorizing non-statutory deductions. PAY GARNISHMENTS 10. The law requires the Municipality to comply with court-ordered payments and wage garnishments when they are presented. Employees affected by wage garnishments or 46 g,AY�AlI? 1v Oppottunity 15-Lo court-ordered payments will be notified by the Payroll Administrator of any charges against their wages. 11. No person acting on behalf of the Municipality may dismiss; threaten to dismiss; discipline or suspend; impose any penalty upon; or intimidate or coerce any employee because of a wage garnishment or court-ordered payment. BENEFITS STATUTORY BENEFITS 1. The Municipality pays the following benefits required by statute on behalf of all employees and Members of Council where required: ➢ Employer Health Tax (EHT) ➢ Employment Insurance (El) ➢ Canada Pension Plan (CPP) ➢ Workplace Safety and Insurance Board (WSIB) MUNICIPAL BENEFITS 2. Permanent full time and part time employees are eligible to participate in the Municipality's group benefit plan, upon the successful completion of their probationary period, or as specified in their employment contract. 3. Municipal benefits currently provide the following, in accordance with plan booklets: ➢ Pension through Ontario Municipal Employees Retirement System (OMERS) ➢ Vision and Dental Coverage ➢ Extended Health Care ➢ Life Insurance ➢ Accidental Death & Dismemberment ➢ Short-Term Disability ➢ Long-Term Disability 4. Please see the group benefit plan booklet for more information and details about benefits. New employees will be provided with a benefit booklet when they become eligible for benefits. Benefits may change from time-to-time, in which employees will be provided with reasonable notice of changes. 47 .0:YHAI►1 f g Opp°rtueityIS o EMPLOYEE ASSISTANCE PROGRAM 5. Permanent employees and dependents have access to the Homewood Health Employee Assistance Program. For more information please contact, 1-800-663-1142 or visit the website https://homeweb.ca. PROFESSIONAL DEVELOPMENT & CONTINUING EDUCATION 1. The Municipality encourages the ongoing professional development and continuing education of employees, and provides financial assistance in accordance with this policy. MEMBERSHIP FEES 2. The Municipality may agree to reimburse employees for membership dues to professional associations required or directly related to job duties, at the CAO/Clerk's discretion and prior approval. SEMINARS, CONVENTIONS AND CONFERENCES 3. The Municipality shall offer the following assistance to employees attending approved seminars, conventions and/or conferences: ➢ Transportation expenses, including parking, of delegate to and from the seminar, convention and/or conference. If delegate drives his/her own vehicle, he/she shall paid at the mileage rate as set by Council. If the employee travels by train or plane, a receipt is required. ➢ All registration fees levied by the seminar, convention and/or conference. ➢ Employees must have prior written approval from the CAO/Clerk, for all other reasonable expenses otherwise the expense will not be reimbursed. EDUCATIONAL ASSISTANCE 4. The Municipality may offer reimbursement of tuition fees to encourage employees who have completed their probationary period, to upgrade their education and/or skills by enrolling in part-time studies at recognized colleges or universities. 5. Reimbursement of educational costs is contingent upon submission of proof of the successful completion of each course. All courses must receive approval prior to 48 loyHAlif IS ------' Opp0nutyIS g m commencement of the course. Employees will obtain approval from the CAO/Clerk. While educational assistance is expected to enhance employee's performance and professional abilities, the Municipality cannot guarantee that participation in formal education will entitle the employee to automatic advancement, a different job assignment, or pay increases. 6. If the employee leaves employment shortly after their studies are completed, the timelines and percent reimbursement required are as follows: Timelines % Reimbursement Within one year of completion of studies 100% Within two years of completion of studies 66% Within three years of completion of studies 33% After three years of completion of studies 0% LONG-TERM SERVICE AWARDS 1. The Municipality believes in recognizing long-term service commitment within the Municipality. The Municipality recognizes their hard work over the years of service by providing their employees with long term service awards. 2. The Municipality believes that with long-term service commitment of its regular/permanent employees, it provides benefits to the Municipality, including but not limited to: ➢ Retention of valued expertise; ➢ Organizational stability and lower turnover; ➢ Creation of a positive and supportive work environment; ➢ Identification of role models and the opportunity to encourage a sense of community and shared purpose. 3. All permanent Municipal employees, volunteers, and members of Municipal committees will be recognized with a service award at every five (5) year increments of service. The initial hire date shall be used to determine length of service. In the event of a break in service, a new initial hire date shall be established on the date of re-employment, and previous service may not be counted. 4. Recognition shall be in accordance with By-law No. 2019-014, the Long-term Service Awards/Retirement Recognition Policy. 49 Fe' SECTION FOUR : WORKING HOURS , ATTENDANCE AND LEAVES -,1111414 '' Opponuuity 1,,io HOURS OF WORK 1. The Municipality has designed hours of work to deliver services in the most efficient and effective manner. As such, the standard work week for departments may vary in accordance with the nature of work that is performed. HOURS OF WORK 2. The normal hours of work for full time office/clerical non-union employees will be 8:30 am to 4:30 pm, Monday to Friday inclusive. A normal working day shall consist of seven (7) working hours and a normal working week of Thirty-five (35) working hours. 3. The normal hours of work for"outside" non-union employees shall be: ➢ Roads Operations Supervisor 7:00am to 3:30pm Monday to Friday inclusive. ➢ Chief Building Official (CBO) 8:00 am to 4:30 pm Monday to Friday inclusive. ➢ Manager of Public Works 8:00 am to 4:30 pm Monday to Friday inclusive. 4. Other individual work schedules may be required for some positions. Such working schedules shall be communicated to those employees in writing or stated within the employee's employment contract. 5. Staffing needs and operational demands may require changes to regular work hours and requires prior approval from Supervisor. Employees are expected to be at work and ready to perform the duties of their job when their shift starts. If you are to be late, you must let your supervisor know within 30 minutes of their regular start time or as soon as possible. FLEXIBLE TIME 6. Flexible scheduling, or flextime, is available in some cases to allow employees to vary their starting and ending times each day within the Municipality's core hours, 8:30am to 4:30pm. Arrangements must be approved in writing by the supervisor and CAO/Clerk. Issues such as staffing needs, the employee's performance, quality of service and the nature of the job will be considered before approval of flextime. Employees should consult with their supervisor to request participation in the flextime program. Note, flextime is not time off in lieu of overtime. REST AND MEAL BREAKS 7. Rest and meal breaks are provided to employees in excess of the requirements under Employment Standards Act (ESA). In each working day, an employee shall be permitted at such times as may be designated by their supervisor, the following: 51 4,AY11A111 41r► r-- y ppOnunity l$_io Y Two (2), fifteen (15) minute paid break, to be taken in the morning and the afternoon. ➢ One (1) unpaid meal break. 8. Office personnel must take a one (1) hour unpaid meal break, between 11:30 am and 2:00 pm, at a time agreed to by the manager. All breaks should be taken when adequate coverage is available within the department. Employees are not to use/work through breaks to shorten the workday. TIMESHEETS 9. Employees should accurately record all hours worked, including all vacation, public holidays, sick/personal time and overtime worked. All non-union employees shall sign and submit their timesheets to their supervisor by Monday, for approval. The supervisor shall review and initial the timesheet and submit to payroll by Monday for processing. ATTENDANCE AND PUNCTUALITY 10. It is expected that all employees report for work with enough time to be at their workstation and ready to work at shift starting time. Work activity should commence at starting times and continue until the normal designated stopping times for breaks, lunch, or the end of work. 11. Failure to report to work on time or patterns of lateness may result in progressive disciplinary action per the Municipalities Progressive and Corrective Discipline Policy. OVERTIME REGULAR EMPLOYEES 1. Non-management employees overtime worked over regular hours of work, will be paid at one and one half times the employee's rate of pay. 2. Only hours worked count towards the overtime threshold. Time on vacation, statutory holiday, leaves, etc., does not count towards overtime. 3. All overtime worked must have the prior approval from the employee's supervisor. 52 4,AYA411T s OPPO' unity IsY�J< 4. Employees may bank time to a maximum of eighty (80) hours per year of overtime and must be used in the year earned. If the employee doesn't use their banked overtime during the calendar year it will be forfeited and not eligible to be carried forward. MANAGEMENT EMPLOYEES 5. As per the Employment Standards Act (ESA), Managers and Supervisors do not qualify for overtime pay if the work they do is managerial or supervisory and they perform non- supervisory or non-managerial tasks on an irregular or exceptional basis. 6. In recognition of additional hour's management employees may be required to work, the Municipality allows employees holding management and/or supervisory positions to bank up to one eighty (80) hours of paid straight time-off-in-lieu of overtime pay. The eighty hours is in addition to eligible vacation entitlement and paid holidays. If the manager doesn't use their banked overtime during the calendar year it will be forfeited and not eligible to be carried forward. 7. If an employee is uncertain as to whether they are classified as a manager and/or supervisor in accordance with this overtime policy, please speak with the CAO/Clerk. PAID PUBLIC HOLIDAYS 1. The Municipality recognizes twelve (12) days as public holidays and grants paid time off work on these days, subject to the conditions outlined below. Note, this includes the nine (9) days in accordance with the Employment Standards Act (ESA) and an additional three (3) days designated at this time as paid holidays by the Municipality. PAID HOLIDAYS 2. All employees are entitled to paid public holidays on each of the following: New Year's Day Civic Holiday Family Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day 53 /0114.4 o, 0 t9 PP0numty -1w 3. To be eligible for public holiday pay, employees must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday. Salaried employees will continue to receive their regular pay while off on a public holiday. 4. A recognized holiday that falls on a Saturday may be observed on the preceding Friday. A recognized holiday that falls on a Sunday may be observed on the following Monday. If eligible employees work on a recognized holiday, they will receive pay at their regular rate for hours worked plus another day off in lieu, with holiday pay. FLOATING HOLIDAYS 5. In addition to the holidays noted above, the afternoon prior to Christmas Day and the afternoon prior to New Year's Day shall constitute additional paid holidays at employee's regular rates of pay. Provided however, that Christmas and New Year's half holidays will be observed on the working days preceding the respective holidays. Except when Christmas Day and New Year's Day falls on Saturday, Sunday or Monday in which case the half-holiday will be observed on the preceding Friday afternoon. Subject to Council direction, employees may be granted additional paid days off between Christmas and New Year's. VACATION 1. At the Municipality, each Supervisor is responsible for managing vacation schedules for their respective departments, in a manner that is as fair as possible to all employees. Vacation scheduling shall try to ensure minimum disruption of services within the department. VACATION ENTITLEMENT 2. The vacation entitlement year is based on the calendar year. Employees may not take vacation time that has not yet been earned, unless otherwise approved by the CAO/Clerk. Regular full-time employees are entitled to the following vacation time, based on the number of full, completed years of employment. Part-time and contract employees will be entitled to a prorated amount of vacation time, based on their regular hours worked. Years of Eligible Service (at Vacation Entitlement(for that January 1St) year) 54 4,,,YHAh,1 W14 OPPO tunity TsYOJ Less than One (1) year One (1) working day for every completed month of service to a maximum of ten (10) days One (1) year Two (2) weeks Five (5) years Three (3) weeks Ten (10) years Four (4) weeks Fifteen (15) years Five (5) weeks Twenty (20) + years Six (6) weeks 3. If a public holiday falls during an employee's vacation time, the public holiday does not count as a vacation day. 4. For regular full-time employees, vacation must be taken as time off. No cash payment in lieu of vacation time will be made. Vacations credits of up to one (1) week may be carried over into the subsequent calendar year, if approved by the CAO/Clerk. 5. Notwithstanding Vacation Entitlement Section 4 a non-union employee may also utilize the following options for unused vacation time: a. Ability to be paid out, straight time for up to one week of unused vacation time annually; OR b. Ability to direct the Municipality to pay out, straight time for up to one week of unused vacation time annually into a the Human Resources Reserve Account to be paid out upon request of the employee or upon retirement or end of employment with the Municipality. 6. Vacation Entitlement Section 5a/b will be paid out at the rate of pay of the year in which the pay was originally paid out or banked. 7. Vacation Entitlement Section 5a/b will not be subject to OMERS contributions and/or interest. 8. Any vacation time not used during the calendar year will be forfeited and not eligible to be carried forward. 9. The Municipality encourages all employees to utilize vacation time within a given year. VACATION PAY 10. Salaried employees will continue to receive their regular pay while on vacation. 55 e OpAnKunity 1,10 11. Hourly employees will earn vacation pay at the number of days indicated in the table above, based on years of employment. Vacation time is paid on the employees gross wages (including regular earnings, commissions, bonuses/gifts related to hours of work, overtime pay and public holiday pay) at the time of vacation. Upon terminations of employment, employees will be paid for outstanding vacation pay. Unused vacation equals vacation earned (prorated to termination date) less vacation days already taken. VACATION SCHEDULING 12. To take vacation, employees must submit a written request to their supervisor for advance approval in writing. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. Up to two (2) weeks may be taken at one time. More than two (2) weeks may be taken only with prior written approval of the CAO/Clerk. BEREAVEMENT LEAVE 1. Bereavement Leave shall be granted for attending a funeral and for bereavement purposes commencing the first day following the death, as follows: D Five (5) working days immediately following the death of a spouse, child or step- child. ➢ Three (3) working days immediately following the death of a parent, grandchild, grandparent, stepmother, stepfather, brother, stepbrother, sister or stepsister, or parent of the employee's current spouse. ➢ Two (2) working days, to attend the funeral of the sister, brother, or grandparent of the employee's current spouse. ➢ One (1) working day, to attend the funeral of an aunt or uncle, fellow employee, a close friend or to serve as a pallbearer. 2. Paid leave of absence in respect of bereavement will only be allowed for days on which the employee has been scheduled to work. Additional days may be granted with or without pay, with the discretion of the CAO/Clerk. JURY/COURT DUTY 1. Employees who is required to serve as a juror or subpoenaed as a witness in any court in Ontario, shall be granted a leave of absence for the days on which the employee would otherwise have been scheduled to work. 56 1501144 ortunIty isYO,t 2. Employees shall be excused from work for the part of each day that the employee shall actually render serve as a juror or as a witness. 3. Upon completion of his/her jury duty or witness service, such employees shall present to his/her supervisor and/or CAO/Clerk a satisfactory certificate showing such period of service. Such employee will be paid his/her regular earning for the period of such jury or witness service provided he/she shall deposit with the Treasurer of the Municipality the full amount of compensation received, excluding mileage and travelling expense, an official receipt therefore. If the employee presents himself/herself for selection as a juror and is not selected, then he/she shall be required to return to his/her regular employment to complete his/her remaining normally scheduled work period. 4. Employees will be granted a maximum of twenty-four (24) hours of paid time off to appear in court as a witness at the request of a party other than the Municipality. Employees will be paid at their base rate, and are free to use any remaining paid leave benefits (such as vacation time) to receive compensation for any period of witness duty absence that otherwise would be paid. VOTING LEAVE 1. Where legislation, as amended from time to time, requires and where, by reason of the hours of his/her employment, an employee who is a qualified elector and who will not have four (4) consecutive hours to work while the polls are open on a polling day at an election, the employer shall, at the convenience of the employer, allow the employee such time for voting as is necessary to provide the four (4) consecutive hours. 2. There will be no deduction from the pay of an employee or any penalty imposed on the employee by reason of absence from work during the time allowed by the employer from voting. INCLEMENT WEATHER DAYS 1. The Municipality acknowledges that for those employees who commute to work, travel can be impeded by weather, particularly in the winter months. In the event of inclement weather, the CAO/Clerk will decide whether or not the Municipality facilities will be open for that day. If closed, Management will arrange for all employees to be informed as soon as possible. 57 BAYHA� is '`r Opportunuty is'Ins q 2. If Municipal facilities are open, employees should make every reasonable effort to make it to work on time. However, employees are not to endanger their personal safety in an attempt to get to work. If you anticipate being unable to report to work or being late for work because of inclement weather conditions, please contact your Manager as soon as possible, to advise of your absence or delay. 3. Employees should not drive on closed roads or violate any Highway Traffic Act regulations attempting to attend work. 4. In the circumstance that an employee is unable to get to work due to inclement weather, the employee will not be paid for absent time. If available the employee may make up their time absent (as business needs require) or use vacation pay and time instead with their Manager's prior approval. SICK LEAVE 1. The Municipality understands that on occasion employees are sick and unable to report to work. As such the Municipality sets the following policy. 2. All, non-unionized, full time employees are allowed twelve (12) days paid sick leave per calendar year. The paid sick days are prorated for partial years employed with the Municipality and part time hours. 3. Sick days must only be used for personal illness, immediate family illness or personal emergency. 4. Permanent employees are entitled to use up to four (4) days per calendar years from his/her sick leave entitlement to attend to a spouse, child and/or parent who are personally ill. 5. Unused sick days are not paid out or carried over to the following year. 6. Employees, who are unable to report to work due to personal illness, are to advise their immediate supervisor within 30 minutes of the start of their shift, indicating they are unable to report to work due to personal illness. 7. An employee who is absent from work for reason of illness, may be requested to provide a medical certificate to their supervisor. Failure to comply with this section may result in forfeiting pay, suspension or discharge from employment. 58 15011 1t? Opportunity is_n%< SHORT-TERM DISABILITY (STD) 8. Employees may be eligible for STD income after sick leave entitlements have been utilized. The employee must apply to the carrier and obtain approval for these benefits. 9. STD benefits due to illness or non-occupational accident will be paid for a period of continuous absence up to 119 calendar days at 75% of the employee's regular pay. 10. Separate periods of disability occurring under this benefit will be considered one period if: ➢ They result from the same or related causes are separated by a period of six consecutive months or less during which the employee returned to active employment, or; ➢ They result from entirely unrelated causes are separated by a period of less than one full day during which the employee returned to active employment. 11. The cost of this plan will be paid 100% by the Municipality. Each employee who has completed their probationary period shall be eligible for the program. LONG-TERM DISABILITY (LTD) 12. Employees may be eligible for LTD income after STD leave entitlements have been utilized. The employee must apply to the carrier and obtain approval for these benefits. 13. LTD benefits provides regular employees with 66.7% of basic monthly earnings (to a maximum of$4,000 per month, payable to age 65, following the initial period of STD coverage described above. 14. The cost of this pan will be paid 100% by the Municipality. Each employee who has completed their probationary period shall be eligible for the program. To be eligible for LTD benefits, an employee must have a medically determinable physical or mental impartment that prevents the employee from performing the regular duties of their position. STATUTORY LEAVES OF ABSENCES 1. Eligible employees may apply for various types of unpaid leaves of absence in accordance with the Employment Standards Act (ESA). These include, but are not limited to: 59 1501144 Com- 4a U <0 ppnnuni y IsY�, ➢ Pregnancy or Parental Leave ➢ Personal Emergency Leave ➢ Family Medical Leave ➢ Family Caregiver Leave ➢ Domestic or Sexual Violence Leave ➢ Crime Related Death Leave ➢ Child Disappearance Leave 2. While an employee is on a statutory leave, maintenance of employee benefits will be administered in accordance with the applicable legislation on the following basis: ➢ Benefits plans for pensions, life insurance, accidental death, extended health, and dental shall continue unless the employee elects in writing not to do so and/or gives notice in writing that they do not intend to pay the employees premium contributions. 3. To learn more about these or additional statutory leaves, please visit the link or talk with your supervisor: http://www.labour.gov.on.ca/english/es/pubs/brochures/br leaves.php 60 VAYAA41 .0 OPPOnunity is'0S DRESS, GROOMING AND PERSONAL HYGIENE 1. PURPOSE Each employee has personal preferences regarding dress, grooming, and personal hygiene. In order to maintain the professional image of the Municipality, and avoid any misunderstanding or workplace tension and conflict, this policy sets out certain minimum standards the Municipality expects for appropriate dress, grooming, and personal hygiene. 2. SCOPE This policy applies to all employees immediately upon hire. 3. RESPONSIBILITY Employees are expected to comply with the spirit of this policy and be sensitive to the concerns and needs of their fellow employees. Supervisors are accountable for ensuring their staff comply with this policy in spirit. The CAO is available to adjudicate any questions on dress, grooming, and personal hygiene. 4. POLICY 4.1 This policy intentionally does not set out a detailed list of do's and don'ts, or rules. Common sense of what is professional and considerate of others should prevail. 4.2 All Municipal employees that work in the office will dress in appropriate "business casual" attire, as they will be meeting residents, clients, suppliers, and other stakeholders. 4.3 The following list is consider"not" to be appropriate business attire: • Ripped or torn clothing • Sweat pants or work out gear • Tank tops • Muscle shirts • Dresses with spaghetti straps • Dirty or stained clothing • Suggestive or offensive attire 4.4 All employees should comply with good habits of grooming and personal hygiene and wear clothing that is clean and well maintained. 4.5 All Municipal employees that work outside the office will wear attire that is appropriate for their duties and contacts. Some employees will be required to wear personal protective clothing such as hard hats, gloves, footwear, vests, etc., under regulations contained in the Municipalities Health and Safety program. 61 ty 1W4 Op�'Ol'tpnity 1sYOJ 4.6 More formal and conservative attire may be required at Municipal social events, conferences, trade shows, and education events. 4.7 Some employees are sensitive to strong perfumes, colognes, or other scents, so be considerate and avoid using. 4.8 On Dress Down Fridays, you may dress more casually; however, you should still maintain a presentable appearance. 4.9 The interpretation of this policy is subject to Municipal discretion. The Supervisor will discuss any non-compliance within the spirit of this policy, with the employee, and ask for a change of behaviour. If there is a second occurrence, the employee may be sent home to change. 62