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HomeMy WebLinkAboutPOL-030-23 Personnel COUNTY OF NEWELL - POLICY HANDBOOK POLICY NO: POL-030-23 TITLE: PERSONNEL ADOPTED: October 5, 2023 (C-319/23) SUPERCEDES NO: 2021-PAD-059 PAGE NO: 1 of 24 1 POLICY PURPOSE ................................................................................... 2 2 DEFINITIONS ........................................................................................ 2 3 ORIENTATION FOR NEW EMPLOYEES ........................................................ 4 4 CORPORATE HEALTH & SAFETY ................................................................ 4 5 INFORMATION TECHNOLOGY ................................................................... 4 6 CODE OF ETHICS ................................................................................... 4 7 PROBATIONARY PERIODS........................................................................ 5 8 OUTSIDE EMPLOYMENT .......................................................................... 5 9 DRESS CODE & HYGIENE ........................................................................ 6 10 HOURS OF WORK................................................................................... 6 11 PERFORMANCE PLANNING & REVIEWS ...................................................... 8 12 SALARY ADMINISTRATION ...................................................................... 8 13 BENEFITS ............................................................................................. 9 14 PENSION .............................................................................................. 9 15 LEAVES OF ABSENCE ............................................................................ 13 16 TRAINING & DEVELOPMENT ................................................................... 16 17 TRAVEL & SUBSISTENCE ....................................................................... 17 18 SAFETY BOOT ALLOWANCE ................................................................... 17 19 MEMBERSHIP IN PROFESSIONAL ASSOCIATIONS ...................................... 17 20 GIFTS, FAVOURS & SERVICES................................................................ 17 21 USE OF COUNTY VEHICLES ................................................................... 18 22 USE OF COUNTY SHOP.......................................................................... 18 23 RECOGNITION OF SERVICE ................................................................... 19 24 SUBSTANCE ABUSE .............................................................................. 20 25 DISCRIMINATION ................................................................................ 20 26 DUTY TO ACCOMMODATE – ALBERTA HUMAN RIGHTS ACT ......................... 20 27 HARASSMENT...................................................................................... 21 28 THE CORRECTIVE ACTION PROCESS ....................................................... 22 29 TERMINATION ..................................................................................... 24 30 PERSONNEL RECORDS .......................................................................... 24 POL-030-23 PERSONNEL Page 2 of 24 1 POLICY PURPOSE All Employees not covered by the Collective Agreement are subject to the provisions of this Personnel Policy. The Collective Agreement remains in effect for those Employees covered by it. Where items are not defined in the Collective Agreement, the terms of this Personnel Policy will apply. 2 DEFINITIONS 2.1 Accommodation – means making changes to certain rules, standards, policies, workplace cultures and physical environments to ensure that they don’t have a negative effect on a person because of the person’s mental or physical disability, religion, gender or any other Protected Ground under the Alberta Human Rights Act. 2.2 Administration Employees – means those Employees not employed in the Agricultural Services or Municipal Services Departments. 2.3 Bona Fide Occupational Requirement – is a standard, policy or rule that is a necessary requirement in carrying out the functions of a specific position. 2.4 Break in Service – is the loss of use of the contribution or benefit plan of the organization due to a lack of hours. 2.5 Calendar Year – means twelve (12) consecutive months that begin on January stst 1 and end on December 31. 2.6 Casual Employee – shall mean any Employee who is filling in for an employee on a casual basis or responds as available. 2.7 Collective Agreement – is an agreement, usually negotiated “collectively” between management (on behalf of the Employer) and a trade union (on behalf of the Employees). 2.8 Conflict of Interest – is a situation in which an Employee or organization is involved in multiple interests, financial or otherwise, one of which could possibly corrupt the motivation of the Employee or organization. 2.9 Continuous Service – means unbroken periods of employment within 12 months. A period of greater than ninety (90) days with no hours worked will result in a new start date (excluding an authorized absence). 2.10 Councillor – is an elected representative of the Municipality. 2.11 Council – refers to the collective group of elected representatives responsible for representing the interests of County residents. 2.12 County – refers to the County of Newell as it pertains to this policy. 2.13 CAO – means the Chief Administrative Officer of the County of Newell and in the absence of the CAO, his or her designate. 2.14 Director – means a department head who reports directly to the CAO. 2.15 Duty to Accommodate – means the legal duty of the Employer to remove discriminatory barriers related to Protected Grounds up to the point of undue hardship. POL-030-23 PERSONNEL Page 3 of 24 2.16 Employee – is a person who is hired for a wage, salary, fee or payment to perform work for the County and not covered under the Collective Agreement, or in the case of union Employees, where this policy will also apply for matters on which the Collective Agreement may be silent. 2.17 Employer – means the County of Newell. 2.18 Employment Standards – means the provisions of Alberta’s Employment Standards Code, RSA 2000, Chapter E-9, as amended or replaced from time to time. 2.19 Flexible Time – means time worked that exceeds the standard hours an Employee is paid for in a day and is not Overtime hours. 2.20 Harassment – occurs when someone is subjected to unwelcome verbal or physical conduct. Harassment is a form of discrimination that is prohibited in Alberta under the Alberta Human Rights Act. 2.21 Immediate Family Member – means, in respect of an Employee: a. Spouse, adult interdependent partner or common-law spouse b. Children, step-children, or foster children (and their partner/spouse) c. Parents, step-parents of the Employee and the Employee’s spouse d. Siblings, half-siblings, step-siblings (and their partner/spouse) of the Employee and the Employee’s spouse e. Grandchildren, step-grandchildren (and their partner/spouse) f. Grandparents, step-grandparents g. Any relative of the Employee who resides permanently with the Employee or with whom the Employee permanently resides. 2.22 Other Relatives – means, in respect of an Employee: a. Aunts, uncles, step-aunts, step-uncles (and their partner/spouse) b. Nieces, nephews (and their partner/spouse) c. Cousins 2.23 Outside Employment – means a job, position or self-employment held by an Employee of the County, which does not fall under the control or partial control of the County. 2.24 Overtime – means all hours worked in excess of eight hours a day, or 44 hours a week, whichever is greater and is limited to eligible Employees as determined by Employment Standards. 2.25 Payroll Calendar – refers to the payroll processing schedule utilized by Payroll. 2.26 Permanent Employee – means Employees that are filling either a full-time or part-time permanent position established by Council and have successfully completed their respective Probationary Period (the Probationary Period does not pertain to LAPP (Local Authorities Pension Plan) participation). POL-030-23 PERSONNEL Page 4 of 24 2.27 Performance Review – is a method by which the job performance of an Employee is documented and evaluated. Performance appraisals are a part of career development and consist of regular reviews of Employee performance within the organization. 2.28 Probationary Employee – refers to all newly hired or returning Employees who have been employed for a period of less than six (6) months. 2.29 Probationary Period – refers to the initial (first) six (6) months of employment for each Employee. For Temporary/Seasonal Employees the Probationary Period can have a Break in Service due to timeframe. If Temporary/Seasonal Employees return, the time required will continue to accrue until the six (6) month period is met. 2.30 Protected Grounds – means the grounds of discrimination which are covered under the Alberta Human Rights Act and include race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation 2.31 Reeve – means the Chief Elected Officer of the County. 2.32 Spouse – means a spouse by marriage or under any formal union recognized by law, or a partner of the opposite sex or same sex who is, at the time of application, the person publicly represented as a spouse for at least the preceding twelve (12) month period. Only one person at a time can be covered as a spouse under this policy. 2.33 Temporary/Seasonal Employee – means non-permanent Employees, who are employed to perform work for a defined duration in either a full-time or part-time position with a defined lay-off period. 2.34 Waiting Period – means the amount of time required to elapse prior to benefits becoming active. 3 ORIENTATION FOR NEW EMPLOYEES 3.1 The County of Newell is committed to ensuring that new Employees start off on the right foot. Orientation is an opportunity to communicate important information about the organization, our services, key corporate values and policies and procedures. Department specific orientations will follow the Human Resources and Safety orientation. 4 CORPORATE HEALTH & SAFETY 4.1 See Policy POL-019-23, including any and all amendments thereto. 5 INFORMATION TECHNOLOGY 5.1 See Policy 2014-PAD-056, including any and all amendments thereto. 6 CODE OF ETHICS 6.1 As an Employee of the County, you are expected to treat all people with respect and be courteous at all times while following the principles set out below: POL-030-23 PERSONNEL Page 5 of 24 a. Selflessness – You must act solely in terms of the public interest and not in order to gain financial or other material benefits for yourself, family, or friends. b. Integrity – You must not place yourself under any financial or other obligation to outside individuals, groups or businesses that might seek to influence you in the performance of your official duties. c. Objectivity – You must make choices on merit when making decisions on appointments, contracts, or recommending rewards and benefits for individuals, groups, associations or businesses. d. Accountability – You are accountable for your decisions and actions to the public and you must make those decisions in good faith. e. Openness – You must be as open as possible about all the decisions and actions that you take. f. Honesty – You have a duty to declare any private interests relating to your work and you need to take steps to resolve any conflicts arising in a way that protects the public interest and the integrity of the County. g. Leadership – You are to promote and support these principles by leadership and example. h. Representation – You acknowledge that Employee comments and actions reflect on the public image of the County as an organization. You will ensure that your conduct reflects well upon the County and endeavor to meet expectations that residents have for public servants. You will refrain from engaging with the media as an official representative on any matter that is outside the scope of your direct area of responsibility or which should be deferred to officials at higher levels within the organization as outlined in the County’s organizational chart. 7 PROBATIONARY PERIODS 7.1 All Employees are subject to a Probationary Period of six (6) continuous months from the date of hire. 7.2 The Probationary Period may be extended for a further thirty (30) days at the discretion of the Employee’s Supervisor. The Employee must receive notice of the reason for the extension in writing before the end of the initial Probationary Period as well as the requirements for continued employment. 7.3 A Probationary Employee may be released at any time during the Probationary Period. Such release shall be in accordance with Employment Standards. 7.4 The Probationary Period as defined in this policy may exclude the Waiting Period required for benefits. 8 OUTSIDE EMPLOYMENT 8.1 No Employee shall participate in Outside Employment where a Conflict of Interest may arise. POL-030-23 PERSONNEL Page 6 of 24 8.2 An Employee shall notify their Supervisor of any Outside Employment where they perceive a Conflict of Interest. 8.3 Outside Employment which results in a Conflict of Interest may necessitate cessation of the Outside Employment or employment with the County. 9 DRESS CODE & HYGIENE 9.1 Employees must observe good habits of grooming and personal hygiene and avoid the use of strong scents. 9.2 Administrative Employees are expected to dress in a professional and business- like manner. 9.3 Municipal Services and Agricultural Services Employees are required to wear comfortable clothing as directed by the Director and all required personal protective equipment as per job hazard assessments. 9.4 Employees are expected to dress in business attire when representing the County at a public meeting or event. 10 HOURS OF WORK 10.1 NORMAL HOURS OF WORK a. Normal hours of work shall be set by the CAO for all departments. b. The maximum hours of work allowed in a day is 12 hours. c. The County office is closed to the public during the last week of every year, thth beginning at 12:00 pm on December 24, when December 24 falls on a weekday, until 8:00 am of the first business day of the new year. Employees will be paid for their normal hours of work lost due to the early office closure th on December 24. Employees who are not required to work by their Supervisor during the last week of the year will be required to use their time banks for this period. 10.2 BREAKS a. Employees are entitled to a 30-minute break within every five (5) hours of consecutive employment. Employees shall normally receive two (2) fifteen (15) minute breaks per working day (10:00 a.m. and 3:00 p.m.) or as designated by the Employee’s Supervisor. Breaks shall be taken in shifts to ensure adequate coverage is in place. b. Employees are to be provided with a one (1) hour lunch break, unless otherwise agreed to by the Employee and their Supervisor. This lunch hour is without pay unless otherwise authorized by the Supervisor. 10.3 FLEXIBLE TIME a. Flexible Time worked beyond an Employee’s regular paid workday hours will be added to the Employee’s flex bank. There is no time limit on when Flexible Time hours may be used. POL-030-23 PERSONNEL Page 7 of 24 b. Employees may bank up to 80 hours of Flexible Time hours worked to a flex time bank. Employees may use Flexible Time hours to take time off with pay at the Employee’s regular wage rate. c. Supervisors are responsible to approve Flexible Time work arrangements for their Employees. Such approvals shall not impact the service levels offered by the County. 10.4 HOURS OF WORK AVERAGING a. The CAO or Directors may approve an hours of work averaging agreement (without Overtime) as per Employment Standards as long as service levels are not negatively impacted. 10.5 ATTENDANCE a. Employees are expected to report to work as scheduled, on time and prepared to start working. b. Unexcused Absence – Employees absent from work for reasons beyond their control and without prior authorization must contact their Supervisor a minimum of one (1) hour prior to the stipulated shift start time (unless the Employee has a reasonable explanation), and report as may be required by their Supervisor if the absence continues. c. Job Abandonment – Employees who fail to report to work for a period of three (3) consecutive workdays without notifying their Supervisor, and who cannot be reached, will be considered to have abandoned their position and will be deemed to have voluntarily terminated the employment relationship, unless they can subsequently show that special circumstances prevented them from contacting their Supervisor and returning to work. 10.6 SCHEDULING CHANGES a. Supervisors are responsible for scheduling the hours of work for Employees outside of normal hours of work. b. In non-emergent situations, the Supervisor may adjust the normal hours of work of an Employee to accommodate operational requirements by providing at least 24 hours written notice, as per Employment Standards. c. In emergent situations, the Supervisor may adjust an Employee’s normal hours of work to accommodate the situation by providing Employees with as much notice as is reasonable. 10.7 OVERTIME a. Supervisors may require Employees to work outside of their regularly scheduled work hours. Overtime must be authorized by the Employee’s Supervisor prior to being worked. An Employee who works Overtime without prior authorization may be subject to discipline. b. Approved Overtime hours may be banked if an Overtime agreement is in place. Banked Overtime hours must be used within the time limits set by Employment Standards. POL-030-23 PERSONNEL Page 8 of 24 c. Overtime pay is limited to eligible Employees and will be calculated as set out in Employment Standards. Overtime will be paid out on the pay period in which it was earned. 11 PERFORMANCE PLANNING & REVIEWS 11.1 Supervisors are responsible to plan, manage and review the performance of their Employees. 11.2 Human Resources will prepare and distribute Performance Review packages for Employee reviews. 11.3 Annual Performance Reviews shall be completed and submitted to Human st Resources by December 1 every year unless otherwise approved by the CAO. 11.4 Each Employee shall receive a copy of their Performance Review. 11.5 An Employee is not required to agree with the content of the Performance Review. All reviews must be signed by the Employee to acknowledge that it was conducted. Reviews that are not signed by the Employee will remove the Employee from any salary increases that may be applicable in the subsequent calendar year. 11.6 If the Employee disagrees with the contents of the Performance Review, the following process shall apply: a. The Employee shall have five (5) working days after the Performance Review meeting to submit a written response to their Supervisor and Human Resources. Human Resources will review and forward, if applicable to the Director and CAO. All documents will be placed in the Employee file. If the Employee is supervised directly by the CAO, a copy shall be provided to the Reeve. b. The CAO or CAO Designate and Supervisor shall meet and make a decision on the concerns provided. A written decision shall be provided to the Employee and the Supervisor and a copy shall be placed in the Employee file. If the Employee is supervised by the CAO, the Reeve shall conduct the meeting with the CAO and Employee and make a decision on the concerns provided in writing. 12 SALARY ADMINISTRATION 12.1 The CAO shall establish a grid system for payment of salaries for all Employees and provide a certified copy of the grid to the Human Resources Administrator. The CAO salary shall be set by Council and be provided to the Human Resources Administrator. 12.2 The CAO is committed to a compensation system that ensures all Employees receive fair and equitable remuneration. 12.3 Supervisors are responsible to ensure that job descriptions remain current. All job descriptions must be reviewed by the Director who is responsible for the position and approved by the CAO. POL-030-23 PERSONNEL Page 9 of 24 12.4 An Employee’s placement on the salary grid will be determined by the Director, and shall be based upon the Employee’s education, experience and qualifications relative to the position. Employees that start higher than step 1 on the grid and Employees that are recommended to progress faster than 1 step annually must be approved by the CAO. 12.5 An Employee’s movement on the salary grid will be determined by performance, knowledge of the position, attitude, motivation and ongoing education and training as recommended by the Employee’s Supervisor, and approved by the Director, as part of the Employee’s annual Performance Review. 12.6 No movement along the salary grid shall occur during an Employee’s Probationary Period. Employees that are hired at the entry level shall automatically be moved to step one (1) on the grid once they satisfy all Probationary Period requirements. 12.7 Outside of the cost of living adjustment (COLA), any salary movements for the CAO will be approved, in writing, by the Reeve to the Human Resources Administrator. 12.8 The COLA changes approved in the Collective Agreement will be applied to all positions unless otherwise directed by the CAO. This can happen when responsibilities change and are reduced compared to the Employee’s current rate of pay. 12.9 Employee remuneration shall be calculated and paid bi-weekly by direct deposit to the financial institution of the Employee’s choice. Any errors found will be corrected in the next pay period. 13 BENEFITS 13.1 All eligible Employees must participate in the benefit plan as established by Council and as amended from time to time. Eligibility is determined by the established plan, including Waiting Periods dictated by the terms of the plan. Waiting Periods may be adjusted to reflect the terms outlined in an Employee’s employment contract. 13.2 Employees will pay their share of the cost for those benefit premiums not paid 100% by the County. The County reserves the right to change benefit insurers at any time and to change the type and level of benefits provided at any time. 14 PENSION 14.1 EMPLOYEE PARTICIPATION a. The following Employees are eligible to participate in LAPP after completing one (1) year of Continuous Service, or earlier as outlined in the Employee’s employment agreement: 1) Permanent Employees working an average of 30 or more regularly scheduled hours per week must participate. 2) Permanent part-time Employees working an average of 14 – 29 regularly scheduled hours per week must participate. POL-030-23 PERSONNEL Page 10 of 24 3) Full-time Temporary Employees must participate after completing one cumulative year of Continuous Service, or as outlined in the Employee’s employment agreement. 4) An Employee that participated in LAPP with a previous employer will continue to do so immediately, provided there is no break in employment between the two (2) employers. b. Employees that are not eligible to participate are: 1) Permanent Employees who work less than 14 regularly scheduled hours per week. 2) Permanent Employees who have reached their latest pensionable service date (December 30 of the year in which they turn 71) 3) Permanent Employees receiving a monthly LAPP pension based on previous participation in the Plan. 4) A part-time Temporary Employee. 5) Casual Employees. c. An Employee who moves from an eligible to a non-eligible position, or vice versa, must terminate from the Plan or begin participation respectively as per this policy. 14.2 An Employee may choose to purchase their Waiting Period of service and/or other qualifying leaves of absence in accordance with the pension legislation. 14.3 Prior service as a non-permanent Employee may be purchased once an Employee is a participating member of the pension plan. The County does not contribute towards the cost of such service. 14.4 PENSIONABLE EARNINGS (Salary or Pay) a. Pensionable earnings include the following: 1) Regular gross base pay for regular duties 2) Retroactive pay related to pensionable earnings. 3) Vacation pay that is paid in each pay period. 4) Sick pay that is paid in each pay period. 5) Banked time paid in lieu of working that is paid in each pay period. 6) General Holiday Pay that is paid in each pay period. b. All other types of earnings are not pensionable. The list of non-pensionable earnings includes: 1) Standby pay. 2) Overtime pay. 3) Severance pay. 4) Vacation pay that is paid as a lump sum amount. 5) Banked overtime that is paid out as a lump sum amount. POL-030-23 PERSONNEL Page 11 of 24 6) One-time bonuses. 7) Taxable benefits. 8) Vehicle Taxable Benefits. 14.5 CALCULATION OF SERVICE a. All Permanent Employees shall contribute to LAPP on a per pay period basis. Service hours are calculated according to Full Time Equivalency (FTE). b. The base unit hours used to calculate an Employee’s Pensionable Service is specified in their individual employment agreement. c. Full-Time Service Year (1.000) for 26 pay periods: 1) 7 hours per day = 1,820 hours annually. 2) 7.75 hours per day = 2,015 hours annually. 3) 8 hours per day = 2,080 hours annually. 4) Full Time Equivalency for part time Employees is calculated by dividing their standard annual hours with the annual position hours on the grid. (Example: an employee who works 5 hours per day, 3 days per week (15 hrs/week) will work 78- hrs/year. The service would be calculated at 78- divided by 1,820 equals 0.4286 years of service reported for pension purposes). 5) An Employee cannot earn more than 1.000 year(s) of service during a calendar year. 6) The service shall be calculated based on the pay period start and end dates. 7) Questions about prior service eligibility and applications to purchase prior service should be directed to LAPP Member Services. 14.6 LEAVES OF ABSENCE a. Unpaid Leave of Absence: An Employee on an approved unpaid leave of absence due to shortage of accrued banked hours (Vacation, Sick, Flex, can choose between a non-contributory leave where no contributions are collected and remitted or a contributory leave where contributions are collected and remitted on their behalf. Employees will be required to remit bi-weekly payments to the County of Newell for their contributions. b. Short Term Disability (STD): Permanent Employees on Short Term Disability (STD) receive top-up pay from County of Newell for up to 17 weeks. This requires Permanent Employees who are in receipt of STD benefits to have his/her pensionable service, salary, and contributions calculated as if the Employee was actively at work. Employees on STD are required to remit biweekly payments to County of Newell for any Employee contributions not covered by their top-up pay. POL-030-23 PERSONNEL Page 12 of 24 c. Long Term Disability (LTD): Permanent Employee on Long Term Disability (LTD in receipt of Long Term Disability benefits that are participating in Local Authority Pension shall continue an Employee’s contributions to the Local Authorities Pension Plan (L.A.P.P.) to have his/her pensionable service, salary, and contributions calculated as if the Employee was actively at work. Permanent Employees who are on Long Term Disability that are paid directly from GroupSource Disability, are required to remit bi-weekly payments to County of Newell to continue making their Employee contributions. d. Workers Compensation Board (WCB): LAPP Regulations and the Income Tax Act require a Permanent Employee who is in receipt of temporary disability benefits (either total or partial) from Worker’s Compensation Board to have his/her pensionable service, salary, and contributions calculated as if the Employee was actively at work. Permanent Employees who are on WCB, that are paid directly from WCB, are required to remit bi-weekly payments to County of Newell to continue making their Employee contributions. e. Maternity Leave (STD Top-Up Pay): Permanent Employees on Maternity Leave while receiving top-up pay from County of Newell during the health-related portion of their Maternity leave unto 6 or 8 weeks are required to continue their contributions to LAPP. This requires Permanent Employees to have his/her pensionable service, salary, and contributions calculated as if the Employee was actively at work. Employees are required to remit bi-weekly payments to the County of Newell for any Employee contributions not covered by their top-up pay. f. Maternity Leave (After the Top-Up Pay Period): Maternity leave whereby no portion of salary is provided by County of Newell will be costed at Year-End by LAPP. This pensionable service buy-back costing is optional. Employees can choose between a non-contributory leave where no contributions are collected and remitted or a contributory leave where contributions are collected and remitted on their behalf. Employees will be required to remit bi-weekly payments to County of Newell for their contributions. g. A period of leave without pay may be purchased as pensionable service (buyback), provided that the purchase is made in accordance with all the time requirements, as required by the provisions of the pension plan. h. The County of Newell will report all periods of leave to LAPP. When LAPP receives the County year-end payroll information, which will include all periods of unpaid leave time, LAPP will issue a Buy-Back Costing proposal to all employees with reported leave time. The Buy-Back Proposal will include information on the process of buying back unpaid periods of leave as pensionable service, the timelines to buy back that leave and the methods of payment. POL-030-23 PERSONNEL Page 13 of 24 15 LEAVES OF ABSENCE 15.1 Eligible Employees can take job-protected leave for various personal matters. Leaves of absence will be granted in accordance with Employment Standards except as noted below where the County’s leave provisions exceed those of Employment Standards. Employees must give their Supervisor as much notice as is reasonable and practicable in the circumstances when requesting a leave. 15.2 Employees should coordinate their leave request with the Human Resources Administrator and their Supervisor. The Human Resources Administrator will review the Employment Standards leave provisions with the Employee to ensure they meet the requirements for entitlement to the leave, understand the length of job-protected leave and the notice provisions for returning to work. 15.3 MATERNITY AND PARENTAL LEAVE a. Vacation time does not accrue while Employees are on maternity or parental leave. b. Employees on maternity or parental leave may remain on the County’s group benefit plan, but the Employee must pay both the Employer and Employee share of premiums during the time of the leave. 15.4 SICK LEAVE AND SICK BENEFIT a. Sick time accruals of non-union Employees hired prior to December 31, 2016 will be carried forward and paid out when their employment is terminated with the County unless otherwise approved by the CAO. b. Employees may use their accrued sick time for any purpose. Directors must approve requests to use more than one (1) week at a time. Supervisors may approve all leaves of shorter duration. c. Employees may use any time bank to cover loss of hours due to illness or appointments. d. Employees should not come to work when they are sick. e. Short term disability is available to Employees as per the County group benefit plan. Employees on short term disability are responsible for the Employee share of benefit premiums. 15.5 BEREAVEMENT LEAVE a. Bereavement leave, with pay, shall be granted in the death of an Immediate Family Member. The leave of absence will be granted for up to five (5) working days. An additional two (2) working days will be granted where the funeral occurs outside the Province of Alberta. b. Bereavement leave, with pay, shall be granted in the death of Other Relatives. The leave of absence will be granted for up to three (3) working days. An additional two (2) working days will be granted where the funeral occurs outside the Province of Alberta. c. Supervisors may approve additional bereavement leave without pay. d. Bereavement leave will not be paid when it falls on a statutory holiday. POL-030-23 PERSONNEL Page 14 of 24 15.6 ELECTIONS a. Time off for an election or plebiscite shall be in accordance with the provisions of the Election Act which ensure that there is sufficient time for eligible electors to vote on polling day. 15.7 COURT AND LEGAL RESPONSIBILITIES a. An Employee required by law to attend court to serve as a juror, or to act as a witness on behalf of the County, or in a work-related matter, is entitled to the necessary leave of absence with pay. The maximum number of compensated hours per day shall be equal to the Employee’s regular hours of work. b. Any monies paid by the court to an Employee for court duty must be given by the Employee to the County. c. Non-County related court attendances (excluding jury duty) are not eligible for leave with pay. 15.8 UNPAID LEAVE a. An Employee approved for an unpaid leave of absence in excess of thirty (30) days may remain on the County’s group benefit plan, but all premiums, both the employer and Employee portions, must be paid by the Employee during the leave. 15.9 HOLIDAYS AND HOLIDAY PAY New Year’s Day Family Day Good Friday Victoria Day Canada Day Heritage Day Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day a. Any other general holidays proclaimed by the Provincial Government or Council will be added to this list, as they are announced. b. Eligibility for holiday pay will be as determined by Employment Standards. c. When any of the above-named holidays fall on a Saturday or Sunday, the following working day shall be granted as a holiday. d. All Employees who are not required to work on the above holidays will receive holiday pay equal to one normal working days’ pay. e. All Employees required to work on a paid holiday shall be paid one and one- half (1 ½) times the Employee’s regular rate of pay for all hours worked, in addition to the holiday pay set out in 15.9b. th f. The County shall close at noon when December 24 falls on a weekday. 15.10 VACATION a. The anniversary date for vacation entitlement shall be the date the Employee commenced permanent employment. b. Vacation days must be accrued before they are used and may be taken as they are accumulated. POL-030-23 PERSONNEL Page 15 of 24 c. All vacations must be approved by the Employee’s Supervisor. d. Vacation entitlements shall accrue each pay period. Employees should take their vacation entitlement sometime in the 12 months after it has accrued. Vacations must be given in one unbroken period unless the Employee requests to take their vacations in shorter periods. e. The CAO must approve carry forward of vacation accruals that exceed one year. Maximum accrual at any given time is 2 years of accruals. f. Employees are required to take their vacation entitlements. Payouts will not be done in lieu of vacation time. If a mutually acceptable time for the Employee to take vacation cannot be found, the Director may decide on the time. If this occurs, the Employee must be given at least two weeks written notice of the vacation start date and must take vacation at that time. g. VACATION ALLOWANCES 1) Full time permanent – vacation time, with pay accrued, is based on the regular hours of work averaged for the year as detailed below. An exception may be made to these vacation allotments if otherwise negotiated in an employment agreement. Years of Continuous Service Vacation Allowance Less than one (1) One (1) week may be taken as it is earned After one (1) Two (2) weeks After two (2) Three (3) weeks After six (6) Four (4) weeks After fourteen (14) Five (5) weeks After twenty (20) Six (6) weeks 2) Seasonal Part-Time and Temporary Employees (subject to layoff) –vacation pay shall be provided in addition to regular wages each pay period as detailed below. For the purposes of this clause, earnings shall mean hours paid by the employer at the regular rate of pay. One (1) year of Continuous Service shall mean two (2) full seasons of employment for a Seasonal Employee. Years of Continuous Service Vacation Allowance Less than one (1) Four (4) percent of earnings After one (1) Six (6) percent of earnings After six (6) Eight (8) percent of earnings After fourteen (14) Ten (10) percent of earnings After nineteen (19) Twelve (12) percent of earnings 15.11 EDUCATION LEAVE a. Education leave consists of two (2) categories: 1) Compensated – full or partial leave with pay may be provided depending upon the benefit to the County. POL-030-23 PERSONNEL Page 16 of 24 2) Uncompensated – unpaid leave may be provided to complete a course while maintaining a position at the County. b. Education leave requests must be submitted in writing to the CAO at least three (3) months prior to the start date of the requested leave. In the case of the CAO, the request shall be submitted to Council. c. The CAO may approve (conditionally or unconditionally) or refuse the request. d. Preference will be given to education which will benefit the County. e. The County may cover or deny any coverage of fees related to the education. f. Education leave may not exceed one (1) calendar year. g. Consideration for an alternate work week (part time studies) may be made by the CAO (or Council in the case of the CAO), depending upon position, workload and the time of year of the course. 16 TRAINING & DEVELOPMENT 16.1 Council supports and encourages Employee training and development as an opportunity for improving work performance, providing enrichment, preparing individuals to meet future organizational needs, and developing skills related to functions, programs or services for which the County is responsible. 16.2 Full-time permanent Employees and seasonal Employees starting their second season of employment are eligible to participate in training and development opportunities under this policy. Employees will be reminded annually of this program and its provisions and Supervisors will provide Employees with information on available courses. 16.3 Supervisors may require their Employees to complete an annual training and development plan that outlines both County Generated and Employee Generated training. Training and development plans must be approved by the Director and be submitted to Human Resources. There will be no change to wage rates for Employees required to submit a plan until the plan is received. 16.4 Training and development generally fall into one of the following categories: a. County Generated – where the Supervisor requests that the Employee attend training and the related expenses, such as registration fees, course materials, work time, travel and subsistence are budgeted for and paid by the County. 1) Supervisors may approve County Generated training and development expenses which have been included in the annual budget. b. Employee Generated – where the Employee requests the Supervisor to approve reimbursement of education, training, and development expenses. Financial assistance may be provided if the requested training and development is related to the Employee’s work or future advancement with the County and sufficient funds are available in the budget. 1) Requests should be submitted to the Employee’s Supervisor at least twenty-one (21) days prior to the start date of the course. Participation in any course, seminar, or program requires prior approval by the Employee’s Supervisor, Director, and the CAO. POL-030-23 PERSONNEL Page 17 of 24 2) Approved training and development must be taken outside of normal working hours unless otherwise approved by the Supervisor. 3) Funds that may be advanced or reimbursed will be set out in an Employment Education Assistance Agreement. This agreement shall be prepared by Human Resources staff with direction from the Director or CAO and must be approved by the CAO. 4) The Employment Education Assistance Agreement shall define the parameters, expectations and responsibilities of the Employee and employer as well as the degree of financial assistance from the County. The agreement will not be ratified until it bears the witnessed signatures of the Employee and the CAO. 17 TRAVEL & SUBSISTENCE 17.1 See Policy POL-011-23, including any and all amendments thereto. 18 SAFETY BOOT ALLOWANCE 18.1 An annual allowance of two hundred dollars ($200.00) will be provided to all Employees who are required to wear safety footwear. The allowance may be carried over to the next year, to a maximum amount of four hundred dollars ($400.00) that may be applied to a purchase in the second year. 18.2 Upon proof of purchase the County shall reimburse the purchase of CSA approved safety footwear with safety toe protection to each permanent full- time Employee and each seasonal Employee who has worked a minimum of ten (10) months. 19 MEMBERSHIP IN PROFESSIONAL ASSOCIATIONS 19.1 The County recognizes that membership in a professional association may benefit both the Employee and the County. 19.2 Subject to sufficient budget for memberships, the CAO, Directors or their designate may authorize payment of professional association dues or membership fees where: a. Such membership is required by the Employee to maintain credentials; or b. Such membership will provide direct or indirect benefit to the County. 19.3 The CAO or Directors may authorize an Employee to participate in a professional association during working hours provided that: a. The time required will not unduly affect the Employee’s duties; and b. The affiliation can be reasonably demonstrated to have a positive benefit for the County. 20 GIFTS, FAVOURS & SERVICES 20.1 Unless approved by the CAO, an Employee shall not accept a gift, favor or service from any individual or organization in the course of performance of their duties other than: POL-030-23 PERSONNEL Page 18 of 24 a. The normal exchange of hospitality among persons doing business; b. Tokens exchanged as part of protocol or festivities; c. Normal presentations made to persons participating in public functions. 20.2 Monetary payments or any entitlement of goods or services which accrue as a result of the performance of the duties of the Employee shall not be accepted by the Employee for personal use, but may be used for County purposes as determined by the CAO. 20.3 Employees shall not purchase goods or services through County purchasing for personal use. Employees shall not accept discounts on goods and services unless it is the general business practice of an establishment to provide discounts to Employee groups, including but not limited to the County. 20.4 Employees shall not receive or seek preferential treatment in the use of County facilities or services unless such use is a requirement of formal duties or as provided for under the authority of Council. 21 USE OF COUNTY VEHICLES 21.1 The CAO, or their designate, may grant an Employee usage of a County vehicle for travel between their residence and place of work where: a. The Employee may be called out on a 24-hour basis, or b. It makes sense for the Employee to leave from their place of residence for work rather than from the workplace, or c. The location of temporary worksites may justify use of a County vehicle to commute from the temporary worksite to their residence. 21.2 No other personal use will be allowed for County vehicles unless approved by the CAO, or their designate. 21.3 All other County vehicles shall be parked in designated compounds at night or when not in use. 21.4 Personal use of a County vehicle is a taxable benefit to the Employee. An Employee must provide payroll staff with logbook records detailing the business and personal kilometers driven for purposes of calculating this taxable benefit. 21.5 The County reserves the right to rescind this privilege from any Employee that contravenes the provisions of this policy. 21.6 Authorized drivers of County vehicles must pay for or defend all traffic law violation tickets for which they are responsible. 22 USE OF COUNTY SHOP 22.1 Use of the County Shops for personal use puts unnecessary liability on the County and could void the County’s insurance and is therefore not allowed. POL-030-23 PERSONNEL Page 19 of 24 23 RECOGNITION OF SERVICE 23.1 The County has adopted a framework to recognize the value to the organization of long-term Employees. For recognizing length of service, years of service for seasonal Employees is determined by giving one (1) year service credit for two (2) seasons of employment. 23.2 RECOGNITION/RETIREMENT GIFTS a. County pins will be provided with every gift. b. The value of a recognition/retirement gift shall be approximately $10.00 per year of service. c. A retirement gift will be issued to Employees with a minimum of ten (10) years of service, upon their leaving the County. 23.3 LONG SERVICE REWARD a. In recognition of Continuous Service with the County, Permanent Employees shall be paid through payroll one annual payment on their employment anniversary date as follows: Years of Continuous Service Long Service Reward After five (5) and up to nine (9) $200.00 After ten (10) and up to fourteen (14) $300.00 After fifteen (15) and up to nineteen (19) $400.00 After twenty (20) and up to twenty-four (24) $500.00 After twenty-five (25) and up to twenty-nine (29) $600.00 After thirty (30) and up to thirty-four (34) $700.00 After thirty-five (35) and up to thirty-nine (39) $800.00 After forty (40) and up to forty-four (44) $900.00 After forty-five (45) and up to forty-nine (49) $1,000.00 POL-030-23 PERSONNEL Page 20 of 24 24 SUBSTANCE ABUSE 24.1 Per Policy POL-015-23, including any and all amendments thereto. 25 DISCRIMINATION 25.1 No Employee shall discriminate against another Employee or prospective Employee or member of the public because of that person’s race, color, place of origin, ancestry, gender, age, marital status, religious beliefs, mental and physical disability, sexual orientation, family status, source of income or any other ground in the Alberta Human Rights Act. 25.2 In cases where discrimination may exist, a written explanation should be provided to the CAO, or in a situation involving the CAO, to Council. 25.3 An Employee who discriminates based on a prohibited ground is subject to discipline, up to and including termination, without notice. 26 DUTY TO ACCOMMODATE – ALBERTA HUMAN RIGHTS ACT 26.1 The County recognizes the prohibition in the Alberta Human Rights Act against discrimination on the basis of the Protected Grounds. The County’s duty to accommodate arises where an Employee demonstrates they have a Protected Ground and they have or will suffer adverse consequences as a result of the Protected Ground. 26.2 The County recognizes its legal duty to accommodate to the point of undue hardship. 26.3 Employees with accommodation needs should inform the Human Resources Administrator, in writing, including the following information: a. Explain why the accommodation is required. b. Support the request for accommodation with evidence or documents (for example, a written statement from a doctor or written information about specific religious practices). c. Provide medical information that explains the Employee’s functional limitations and necessary accommodations. d. Suggest appropriate accommodation measures and cost estimates if applicable. e. Indicate how long accommodation will be required. 26.4 All reasonable accommodation requests shall be considered on a case-by-case basis. Human Resources Administrator will review accommodation requests with the Employee’s Director and the Manager of Corporate Safety. This group will make a recommendation to the CAO to approve or refuse the accommodation request within a reasonable amount of time. 26.5 The County’s duty to accommodate can be satisfied by the offer of a reasonable accommodation, even if it is not the Employee’s preferred option, or if the Employee fails to cooperate in the process. The employment relationship may be terminated if an Employee refuses a reasonable accommodation or refuses to cooperate in the process. POL-030-23 PERSONNEL Page 21 of 24 26.6 Approved accommodation requests must be documented in an accommodation agreement which is to be signed by the Employee, the Employee’s Director and the CAO prior to an accommodation being provided. 26.7 If accommodation is not possible because it poses undue hardship, or because of a Bona Fide Occupational Requirement, these details will be communicated to the Employee by the Human Resources Administrator and their Director. 27 HARASSMENT 27.1 The County is committed to a healthy, harassment-free work environment and has developed practices intended to prevent harassment and deal quickly and effectively with any incident that might occur. Harassment will not be tolerated. 27.2 Examples of harassment, which will not be tolerated by the County, include but are not limited to the following: verbal or physical abuse, threats, derogatory remarks, jokes, innuendo or taunts about any Employee’s appearance, religious beliefs, colour, place of origin, mental or physical disabilities, ancestry, marital status, family status, source of income or gender. The County also will not tolerate the display of pornographic, racist or offensive signs or images, practical jokes that result in awkwardness or embarrassment, or unwelcome invitations or requests, whether indirect or explicit. 27.3 PROCEDURE – If you are being harassed: a. Tell the harasser their behavior is unwelcome and ask them to stop. b. Keep a record of incidents (dates, times, locations, witnesses, what happened, your response). While a record of events is not required to file a complaint, it can strengthen your case and help you remember details over time. c. File a complaint. After asking the harasser to stop, if it continues, report the problem to one of the following individuals: 1) Immediate Supervisor 2) Department Manager 3) Department Director 4) Human Resources Representative 5) Union Representative 6) CAO d. The Employee may also contact the Alberta Human Rights and Citizenship Commission to file a complaint of harassment and, if circumstances warrant it, a charge of assault may be filed with the police. 27.4 DEALING WITH A COMPLAINT a. Complaints received, will be kept strictly confidential. An investigation will be undertaken as soon as possible, and all necessary steps will be taken to resolve the problem. If appropriate, action taken may include conciliation. b. If a complaint is filed through the Union as a grievance, a meeting will be held with the Union Representative before and after the investigation. POL-030-23 PERSONNEL Page 22 of 24 c. Both the complainant and the alleged harasser will be interviewed, as will any individuals who may be able to provide relevant information. All information will be kept in confidence. d. All complaints will be kept in a separate confidential file. e. If the investigation fails to find evidence to support the complaint, there will be no documentation concerning the complaint placed in the personnel file of the alleged harasser f. Regardless of the outcome of a harassment complaint made in good faith, the Employee lodging the complaint, as well as anyone providing information, will be protected from any form of retaliation by either co-workers or superiors. This includes dismissal, demotion, unwanted transfer, denial of opportunities within the County, or harassment of an individual as a result of their having made a complaint or having provided evidence regarding the complaint. 27.5 RESPONSIBILITY OF COUNCIL AND ADMINISTRATION a. It is the responsibility of a Councilor, CAO, or any person within the municipal senior staff group supervising one or more Employees to take immediate and appropriate action to report or deal with incidents of harassment of any type, whether brought to their attention or personally observed. Under no circumstances should a legitimate complaint be dismissed or downplayed nor should the complainant be told to deal with it personally. 28 THE CORRECTIVE ACTION PROCESS 28.1 All Employees are expected to meet performance standards and behave appropriately in the workplace. 28.2 Corrective action is a process of communicating with the Employee to improve unacceptable behavior or performance after other methods such as coaching and performance appraisal have not been successful. 28.3 The goal is to guide the Employee to correct performance or behavior by identifying the problems, causes and solutions, not to punish the Employee. If there is no improvement or if there are repeat occurrences, corrective action may be appropriate. In general, corrective action should be progressive, i.e., beginning with the lowest severity action before employing actions of more severity. Any formal corrective or disciplinary action must follow the principles of "Just Cause" unless otherwise approved by the CAO. 28.4 The Corrective Action Process consists of three separate levels and is designed to provide consistent and fair corrective action to all Employees. The CAO shall have the sole discretion to implement any level of the Corrective Action Process warranted by the seriousness of Employee conduct, and is under no obligation to implement the levels within the Corrective Action Policy sequentially. 28.5 In the event that the CAO, in their sole discretion, determines that Employee conduct is of sufficient seriousness to warrant termination, the CAO retains the right to implement termination proceedings without first initiating any portion of the Corrective Action Process. 28.6 LEVEL ONE: VERBAL WARNING, PROBLEM SOLVING, COACHING POL-030-23 PERSONNEL Page 23 of 24 a. The verbal warning shall advise the Employee of the unacceptable action or omission that has occurred and encourage improved performance. The Supervisor will discuss the behaviour or action needing improvement with the Employee and clarify expectations. b. If the warning is for a safety discipline issue, the Employee will be required to review the use of applicable hazard controls and health and safety rules. c. A plan of action and a timeline for improvement will be discussed and agreed to by the Supervisor and Employee. A record of the verbal warning may be submitted to Human Resources to be included in the Employee’s personnel file. d. If the Employee has not met the expectations agreed upon by the expiration of the timeline for improvement, the Supervisor can seek assistance from Human Resources. Human Resources may implement further coaching sessions and the Supervisor is to advise the Employee of the improvements required for continued employment with the County. e. The Supervisor may proceed directly to termination if improvements are not sufficient enough for the Employee to continue their employment. f. All terminations require Director or CAO approval. 28.7 LEVEL TWO: WRITTEN WARNING a. The Employee shall be issued a written warning, defining the expectations the County has set out for improvement of the Employee to resolve the behaviour or omission that has required corrective action. The written warning will include the following information: 1) Instances of inappropriate action/behaviour and its impact on other Employees; 2) Corrective actions/behaviours/standards required by the Employee to resolve the action/behaviour; 3) Resources required for improvement or change; 4) If the warning is for a safety discipline issue, the safety violation shall be listed in the warning; 5) Time frame during which required improvements are to occur; and, 6) That failure to meet required improvement will lead to further corrective action and/or termination. b. The Employee is required to acknowledge receipt of the warning, and the fact that the contents of the warning have been discussed with them, by signing the written warning. The Employee does not have to agree with the written warning. Supervisors may move straight to termination when an Employee refuses to sign a written warning. The original written warning shall be provided to the Employee and a copy shall be saved in the Employee’s file. 28.8 LEVEL THREE: SUSPENSION a. The Employee shall be issued a Notice of Suspension in writing. The Notice of Suspension shall include the following information: POL-030-23 PERSONNEL Page 24 of 24 1) Length of Suspension; 2) Whether Suspension is with or without pay; 3) Instances of inappropriate action/behaviour and its impact on other Employees; 4) Corrective actions/behaviours/standards required by the Employee to resolve the action/behaviour; 5) Resources required for improvement or change; 6) If the warning is for a safety discipline issue, the safety violation shall be listed in the warning; 7) Time frame during which required improvements are to occur; and, 8) That failure to meet required improvement will lead to termination. 28.9 FORMS a. The Forms for the Written Warning and Notice of Suspension can be obtained from Human Resources 29 TERMINATION 29.1 Employment Standards require both Employees and employers to give each other notice of their intention to end the employment relationship. The CAO shall have sole discretion concerning all personnel decisions, including the termination of Employees either with notice or for just cause. a. TERMINATION WITH NOTICE – The terminated Employee shall receive either the notice required by Employment Standards, or at the CAO’s sole option, the pay-in-lieu of notice required by Employment Standards. b. TERMINATION FOR CAUSE – If the Employee is dismissed for just cause, said cause to be determined by the County in its sole discretion, the Employee’s employment shall be terminated immediately, and the Employee shall receive no notice period or payment of wages in-lieu of notice. c. VOLUNTARY TERMINATION OF EMPLOYMENT – If the Employee chooses to terminate their employment with the County, the Employee shall be required to provide notice as set out in Employment Standards and shall receive no payment from the County other than that statutorily required up to the Employee’s date of termination. 30 PERSONNEL RECORDS 30.1 An Employee may request access to their personnel file pursuant to applicable provincial privacy legislation. Review of an Employee’s personnel file shall be under supervision of Human Resources. 30.2 An Employee shall receive copies of all correspondence placed in their personnel file.