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Municipality of the County of
Cumberland
EMPLOYEE POLICY HANDBOOK
October 2024
This Page Intentionally Left Blank
Contents
PART 1 - INTRODUCTION ............................................................................................................................... 4
PART 2 - CONFIDENTIALITY ........................................................................................................................... 6
PART 3 - RECRUITMENT AND EMPLOYEE CLASSIFICATION ......................................................................... 8
3.1. HIRING AUTHORITY ....................................................................................................................................... 8
3.2. HIRING PRACTICES ....................................................................................................................................... 8
3.3. PROBATIONARY PERIOD ............................................................................................................................... 9
3.4. EMPLOYEE CLASSIFICATION ........................................................................................................................... 9
PART 4 - PERFORMANCE MANAGEMENT ................................................................................................... 11
4.1. GENERAL WORK STANDARDS ...................................................................................................................... 11
4.2 PERFORMANCE MANAGEMENT AND PROFESSIONAL DEVELOPMENT ................................................................. 11
4.3
PROGRESSIVE DISCIPLINE ......................................................................................................................... 12
4.4
DRESS CODE .......................................................................................................................................... 13
PART 5 - COMPENSATION AND BENEFITS .................................................................................................. 15
5.1. SALARY SCALES AND WAGE RATES .............................................................................................................. 15
5.2. TRAVEL ..................................................................................................................................................... 16
5.3. PENSION AND GROUP INSURANCE ............................................................................................................... 16
5.4. EMPLOYER CELL PHONES ............................................................................................................................ 17
5.5. EXPENSE REIMBURSEMENT AND ALLOWANCES ............................................................................................... 17
5.6. EMPLOYEE COMPUTER PURCHASE PLAN ....................................................................................................... 17
5.7. EMPLOYEE RECOGNITION AND SERVICE AWARDS .......................................................................................... 18
PART 6 - ATTENDANCE AND LEAVES .......................................................................................................... 19
6.1. WORK HOURS ........................................................................................................................................... 19
6.2. OVERTIME ................................................................................................................................................. 19
6.3. REMOTE WORK ......................................................................................................................................... 21
6.4. STATUTORY AND PAID HOLIDAYS .................................................................................................................. 21
6.5. PAID VACATIONS ...................................................................................................................................... 22
6.6. PAID VOLUNTEER WORKDAY ....................................................................................................................... 24
6.7. BEREAVEMENT AND COMPASSIONATE CARE LEAVE ....................................................................................... 24
6.8. PAID SICK LEAVE ....................................................................................................................................... 25
6.9. EMERGENCY LEAVE ................................................................................................................................... 26
6.10. DOMESTIC VIOLENCE LEAVE ..................................................................................................................... 26
6.11. LEAVE WITHOUT PAY ................................................................................................................................. 27
6.12. PREPAID PERSONAL LEAVE DAYS ............................................................................................................... 29
6.13. EMERGENCY SERVICE PROVIDER LEAVE ...................................................................................................... 29
6.14. PREGNANCY, PARENTAL AND ADOPTION LEAVE ......................................................................................... 30
PART 7 - ATTENDANCE MANAGEMENT POLICY ........................................................................................ 31
PART 8 - RESPECTFUL WORKPLACE POLICY ............................................................................................... 36
PART 9 - HEALTH, SAFETY AND WELLNESS .................................................................................................. 39
9.1. HEALTH AND SAFETY ................................................................................................................................... 39
9.2. WELLNESS ................................................................................................................................................. 39
9.3 WORK CLOTHING POLICY ........................................................................................................................... 39
9.4 DRUGS AND ALCOHOL IN THE WORKPLACE ................................................................................................... 40
PART 10 - ACCOMMODATION, EQUITY AND ACCESSIBILITY .................................................................. 46
PART 11 VOLUNTEERING .............................................................................................................................. 49
SCHEDULE "A" - DECLARATION OF CONFIDENTIALITY ............................................................................. 52
Page | 4
PART 1 - Introduction
I.
Overview
The purpose of this Personnel Policy is to document the personnel practices and policies of the
Municipality of the County of Cumberland and to ensure that there is a clear understanding of the
terms, conditions and requirements governing employment with the Municipality. The
Municipality aims to provide a fair and equitable working environment for its employees.
Employees must meet the standards and expectations set out in this Handbook. Any breach of
those standards or expectations may be treated as misconduct and is subject to discipline up to
and including termination, as described in the Progressive Discipline section of the Handbook. The
requirements in this Handbook are intended to complement the requirements of applicable
labour laws, not replace them.
This Handbook supersedes all prior handbooks and policies.
In this Handbook, unless the context otherwise requires:
a.
"CAO" means the Chief Administrative Officer of the Municipality of the County of
Cumberland;
b.
"Complainant" means an employee, volunteer or any person doing business on behalf
of the Municipality, that submits a complaint to a member of the Municipality's
management staff;
c.
"Complaint" means a formal statement, submitted to management in writing, that
describes allegations of treatment in violation of this Handbook, including violence,
harassment, discrimination, disrespect or unfair treatment by management, co-
workers, volunteers, Members of Council or persons doing business on behalf of the
Municipality;
d.
"Corrective Action" has the meaning ascribed to it in the Respectful Workplace Policy
(Part 8 of this Handbook).
e.
"Council" means the Council of the Municipality of the County of Cumberland;
f.
"Director" means the Director of Public Works, the Director of Finance, the Director
of Development and Planning, the Director of Recreation and Community Services,
the Director of Protective Services, the Deputy CAO or any other position at a director
level, present or future, as the case may be;
g.
"Employee" means anyone employed by the Municipality in a full-time, part-time,
seasonal, casual, or temporary role. Volunteers, committee members, and
contracted services may be included in individual policy areas, as necessary.
h.
"Human Resources Generalist " means the Human Resources Generalist of the
Municipality of the County of Cumberland;
i.
"Management" means the CAO, Deputy CAO, and Directors;
j.
"Municipality" means the Municipality of the County of Cumberland
Page | 5
k.
"Overtime" means hours worked in excess of normal work hours for which an
employee is entitled to compensation in the form of pay or time off in lieu;
l.
"Substantive Position" means the employee's permanent position of employment;
and
m.
"Supervisor" and "Manager" mean the person to whom the employee directly
reports.
II.
Application
The policies contained in this Handbook form the terms and conditions of employment with the
Municipality. Further employment details will be contained in the respective letters of offer for
each employee.
Where an employee is subject to the terms of a Collective Bargaining Agreement, the terms of
the Collective Bargaining Agreement supersede the rights and provisions provided for in this
Handbook only to the extent the terms of this Handbook are inconsistent with the terms of the
Collective Bargaining Agreement.
III.
Management Rights and Responsibilities
Management is responsible for the implementation, administration, and interpretation of this
Policy. Every effort shall be made to ensure that the Policy is applied in a timely, consistent, fair
and equitable manner.
IV.
Compliance with Workplace Laws
The Municipality complies with all laws governing the workplace. Our goal is to create an
environment where employees know their rights and feel secure in exercising them. To that end,
all employees and members of management are prohibited from interfering with or retaliating
against an employee who exercises their legal rights in good faith. Any employee who feels they
have experienced such reprisal should report the incident to the Human Resources Generalist.
Employees must not attempt to exercise workplace rights in bad faith, maliciously, or without a
reasonable basis. Such attempts, as well as acts of reprisal for exercising rights in good faith, are
serious acts of misconduct as described in the Progressive Discipline section of this handbook.
Clerk's Annotation for Official Policy Book
Date of Notice to Council Members of Intent to Consider (7 days minimum): September 18, 2024
Date of Passage of Current Policy: October 2, 2024
I certify that this Policy was adopted by Council as indicated above.
Clerk
Date
October 17, 2024
Page | 6
PART 2 - Confidentiality
I.
Policy Objective
To outline the Municipality's commitment to protecting personal privacy and confidential
information by ensuring all Municipal employees are aware of their responsibilities and
expectations regarding confidential information they are exposed to during their employment.
II.
Policy
Protecting the privacy and confidentiality of information received by the Municipality is an
important aspect of the Municipality's operations. The Municipality collects a variety of private
and confidential information related to its business, finances, plans, citizen concerns, inquiries
and information received from outside parties such as government agencies and private
businesses. Collecting, using, and disclosing confidential information in an appropriate,
responsible, and ethical manner is fundamental to the Municipality's daily functions.
The Municipality strives to protect and respect the personal information of its residents,
employees, business partners, and so on in accordance with all applicable provincial and federal
laws, while at the same time ensuring that the public has access to appropriate Municipal
information to which they are entitled to under the Freedom of Information and Protection of
Privacy provisions at Part XX of the Municipal Government Act.
All staff members are required to sign a Declaration of Confidentiality upon hiring or, in the case
of those already employed, upon the adoption of this Policy. Such Declaration is found at Schedule
"A" to this Handbook.
Confidential information includes, but is not limited to:
- Name, address, email and telephone number lists;
- Any personal information pertaining to the Municipality residents and visitors;
- Medical histories;
- Medical test results, etc.;
- Labour relations issues;
- Human resources planning and other personnel matters;
- Payroll information;
- Contract negotiations;
- Litigation or potential litigation;
- Legal advice eligible for solicitor-client privilege;
- Acquisition, sale, lease and security of municipal property;
- Public security; and
- Any information, or documentation labelled "Confidential" by the Municipality or listed
as such by separate memorandum, or e-mail that informs of confidential status
The above list is not exhaustive. Any employee who is unsure whether information is confidential
should always check with the employee's Director before disclosing the information.
Page | 7
Employees must treat all confidential information as strictly confidential both during employment
and after employment with the Municipality ends. Employees may only use confidential
information to fulfil their employment obligations. Confidential information may not be used for
any other purpose.
III.
Nondisclosure
In working for the Municipality, employees shall not divulge, disclose, provide or disseminate
confidential information to any third party not employed by the Municipality at any time, unless
written authorization is provided by the Municipality. Furthermore, confidential information shall
only be used by authorized employees for the purposes for which it was collected.
IV.
Access to Information
The Municipality is subject to the Freedom of Information and Protection of Privacy provisions at
Part XX of the Municipal Government Act, which require the Municipality to disclose documents
or other records in certain circumstances in accordance the procedure described in Part XX.
Any employee who receives a request from a person not employed by the Municipality for
documents or other records that are not in the public domain must refer that request to the
Municipal Clerk, who will deal with that request in accordance with Part XX of the Municipal
Government Act.
V.
Municipal Property
Upon termination of employment with the Municipality, employees shall promptly return
(without duplicating or summarizing), any and all material related to the Municipality's business
in their possession. This includes but is not limited to: all residents' information (charts, lists, etc.),
physical property, documents, keys, electronic information storage media, manuals, letters, notes
and reports.
VI.
Legal
The requirements of this Policy do not supersede any legal obligation to provide information when
required to do so by a court of law.
Page | 8
PART 3 - Recruitment and Employee Classification
3.1. Hiring Authority
I.
Council
Council has the responsibility and authority to hire the Chief Administrative Officer (CAO) and to
negotiate the terms of their employment. Council may engage third parties to assist in this hiring
process.
II.
CAO
The CAO has the responsibility and authority to hire Directors. A committee selected by the CAO
is responsible for the review of applications and interviewing candidates for Director Positions.
The CAO may engage third parties to assist in this hiring process.
III.
Directors
The applicable Director shall make a hiring recommendation to the CAO. A committee comprised
of the applicable Director, Human Resources Generalist, and other staff selected by the Director
or Supervisor is responsible for the review of applications and interviewing candidates for these
positions. This committee shall be approved by the Deputy CAO.
IV.
Human Resources Generalist
The Human Resources Generalist, in consultation with the appropriate Director and
Manager/Supervisor, has the responsibility for the administration of the hiring process including
advertising, applications receipt and review, interview questions and scheduling, and all internal
and external communications.
3.2. Hiring Practices
It is and shall be a continuing practice of the Municipality to conduct recruitment and hiring
practices in compliance with the Nova Scotia Human Rights Act, including providing required
accommodations, up to the point of undue hardship. For further information on the Municipality's
commitment to accommodation, diversity and inclusion, please refer to Part 10 of this Handbook.
The Municipality welcomes applications from Indigenous People, African Nova Scotians and other
Racially Visible Persons, Persons with Disabilities and Women in occupations or positions where
they are under-represented. Members of these equity groups are encouraged to self-identify on
their applications.
The Municipality will also provide the opportunity for employee advancement for qualified and
capable existing employees to fill vacancies for certain positions. Specifically:
a.
Vacancies for all positions shall be open to all qualified applicants, unless otherwise
superseded by articles of the Collective Agreement for unionized employees
b.
In all cases, selection of a successful applicant shall be based on education, training,
experience, ability, competence, attitude, and character.
Page | 9
c.
Current employees that fill vacancies shall be required to complete a 3-month
probationary period. Assessments will be held before the end of the 3 months or
more often at the request of the employee or applicable Director or Supervisor.
Employees that successfully complete the probationary period shall be reclassified as
permanent in the new position. If, at any time during the probationary period, either
the employee or the Supervisor is of the opinion that it would be in the best interest
of the employee and/or the Municipality, the employee shall return to their prior
substantive position or, if that position is no longer available, a similar position.
d.
Where vacancies are not filled by an existing employee, the new employee shall be
subject to a 6-month probationary period as set out in 3.3 below. Performance
Assessment for these new employees will be held before the end of the 6 months or
more often at the request of the employee or applicable Supervisor.
Relatives and friends of Council members and employees who apply for employment with the
Municipality will not be favoured or discriminated against. Council members and existing
employees are not permitted to contact members of a selection committee regarding a particular
applicant. Councillors and staff that have friends and/or relatives applying for a position are not
permitted to participate in the hiring process. If an applicant provides the name of a Council
member and/or existing employee as a reference, that applicant will be requested to provide an
alternate reference.
Council Members and employees directly involved in the hiring process must be knowledgeable
of and abide with the provisions of the Municipal Conflict of Interest Act. It is the responsibility of
each individual to notify the CAO immediately if they are of the opinion they might be in a conflict.
3.3. Probationary Period
All new employees shall be on probation for at least the first six months of their employment with
the Municipality.
A probationary employee's Supervisor and the Human Resources Generalist will complete a
performance assessment at the end of their probationary period and make one of the following
recommendations to the Deputy CAO
a.
the probationary employee be reclassified as a permanent employee;
b.
the probationary employee be dismissed at or prior to the end of the probationary
period; or
c.
the probationary period be extended for an additional term of not more than six
months.
If, at any time during the probationary period, either the employee or the Supervisor is of the
opinion that it would be in the best interest of the employee and/or the Municipality, the
employee or the Municipality may terminate the employee's employment without notice, pay, or
damages in lieu therefore, except to the minimum extent required by the Nova Scotia Labour
Standards Code.
3.4. Employee Classification
The Municipality's employee classification system includes the following documents:
Page | 10
1. a listing and number of approved positions;
2. salary scales; and
3. hourly wage rate schedules(s).
Council has the responsibility and authority to approve the classification system.
Salary increments for the CAO will be outlined in the CAO's contract
The authority to approve changes to position descriptions and employee classification definitions
rests with the CAO. The Human Resources Generalist has the responsibility for maintaining and
drafting revisions to the position descriptions.
Page | 11
PART 4 - Performance Management
4.1. General Work Standards
The Municipality expects its employees to devote efforts during working hours to employment
responsibilities.
Personal non-medical appointments must not be made during work hours unless the time has
been properly booked as time off in lieu or vacation. Employees approved for a compressed work
week are encouraged to schedule personal appointments on their days off.
The Municipality expects that during working hours personal phone calls and e-mail will be kept
to an absolute minimum, both in number and duration. The Municipality may exercise its right to
monitor this activity and take action to ensure employees meet this expectation.
The Municipality also expects that personal use of the internet and social networking sites during
working hours will be kept to a minimum. The Municipality may exercise the right to monitor this
activity and may take action including prohibiting or preventing access if it is believed an employee
is not meeting the Municipality's expectation.
No employee shall volunteer or allow themselves to be nominated for any position with an
outside organization or committee, including professional organizations to which they belong as
part of their employment, which will require any commitment during work hours or use of
Municipal resources, without the prior written authorization of the applicable Director. Any
current appointments must be approved prior to renewal.
4.2 Performance Management and Professional Development
The Municipality is committed to continuous employee performance management and
development. This process is intended to enhance the effectiveness and efficiency of the
organization and its employees, to focus resources on strategic priorities, to align organizational
objectives within the organization, to provide a forum to discuss position responsibilities and
training and career opportunities, and to build strong, positive relationships between
management, supervisors and staff.
It is the objective of the Municipality to have competent, knowledgeable, and highly trained staff
in its employ to ensure that the Municipality's mandate and objectives are met.
The Municipality will encourage, promote, and provide funding for training and professional
development opportunities and programs that contribute to the development of employees.
Development opportunities will be discussed as part of the annual performance management
process for each employee. Employees aspiring to advance within the organization will be
supported to develop their skills and knowledge to equip them for future opportunities.
If Municipality requires employees to be members of relevant professional development agencies
or associations and maintain professional requirements, the Municipality will pay the costs of such
memberships.
Page | 12
Employees must complete a written request to attend or enroll in a course of study, conference,
workshop or training, or professional development program. The request must include details of
the program, including dates, costs, relevance to the employee's responsibilities, and benefits to
the Municipality. Registration materials may be used to supply some of this information. No
employee shall enroll or register in any such class, conference, workshop or program that will take
place during work hours or be funded in any way by the Municipality without prior written
authorization from their Director.
At the discretion of the applicable Director, employees that attend or complete any professional
development session or program may be required to prepare and present a report to other staff.
4.3 Progressive Discipline
The Municipality will normally respond to employee misconduct with progressive discipline.
Progressive discipline ensures employees understand expectations regarding proper conduct and
gives them an opportunity to improve. If misconduct persists, more serious penalties will be
applied, up to and including termination of employment.
Examples of behaviour that will normally be treated as misconduct and subject to discipline under
this policy include, but are not limited to:
- Breaches of the Municipality's policies and procedures, including those described in this
handbook.
- Damage to or misuse of Municipal property.
- Poor timekeeping or time wasting.
- Unauthorized absences or late arrival at work.
- Refusal to follow reasonable instructions from management.
- Use of inappropriate language or behaviour in the workplace.
- Some forms of Disrespectful Behaviour as defined in the Respectful Workplace section of
this handbook.
I.
Stages
Progressive discipline follows these stages:
-
Stage 1: Verbal Warning.
-
Stage 2: Written Warning.
-
Stage 3: Suspension.
-
Stage 4: Final Written Warning.
-
Stage 5: Termination for Just Cause.
II.
Escalation for serious misconduct
Progressive discipline normally escalates in response to continued employee misconduct.
However, the Municipality reserves the right to repeat any progressive discipline step, or to
commence disciplinary actions at any step up to and including immediate termination, where
justified by the circumstances.
Examples of behaviour that may be treated as serious misconduct and which may justify a more
serious disciplinary response or immediate termination include, but are not limited to:
Page | 13
- Serious breaches of the Municipality's policies and procedures, including those described
in this handbook.
- Theft or fraud.
- Insubordination.
- Harassment.
- Workplace violence or bullying.
- Deliberate damage or misuse of Municipal property.
- Bringing the Municipality into disrepute.
- Breach of workplace safety policies or procedures that exposes the employee or others in
the workplace to serious risk of injury.
- Criminal conviction for an offense outside the workplace.
III.
Investigation
In all cases of alleged misconduct, all facts will be carefully reviewed, and the employee will be
given full opportunity to explain their conduct before a disciplinary decision is reached.
Where the alleged misconduct concerns Disrespectful Behavior as defined in the Respectful
Workplace Policy, the investigation may be conducted according to that Policy.
IV.
Documentation
All progressive discipline will be documented. A copy of investigation materials, written warnings
and relevant communications will be kept in the employee's personnel file. For discipline at Stage
2, 3 and 4, a written warning will be provided to the employee. The written warning will detail:
- The nature of the employee's misconduct.
- Expectations for improvement; and
- Consequences of further misconduct, including the possibility of suspension or
termination.
4.4 Dress Code
All employees must present themselves in a professional manner in their dress and grooming.
Each employee is responsible for exercising common sense in this respect. To ensure a safe,
healthy and professional working environment, the following dress and grooming standards
always apply:
Personal hygiene: Employees are expected to maintain good personal hygiene and appearance
that is appropriate for the position and work environment.
Scents: Heavily scented products such as perfumes, colognes, lotions, body sprays, and
deodorants, are prohibited in the workplace. These can cause allergic reactions, migraines, and
respiratory difficulty for others in the workplace. While scented products may be used sparingly,
fragrance-free is preferred.
Jewelry and Piercings: Jewelry and piercings should not create potential for injury or
entanglement.
Footwear: Footwear should be always worn, be clean, in good condition, and should not create a
slip or fall hazard. Employees may be required to wear closed-toed shoes depending on the nature
of their position.
Page | 14
Clothing: Unless otherwise specified by an employee's job description or supervisor, employees
are required to wear clothing that is consistent with your work environment each day. Clothes
must be clean, and in good condition. Clothing should not feature logos, images, or messages that
might be perceived as offensive to a reasonable person.
Municipal Clothing: While wearing Municipally branded clothing, employees are expected to
behave in a manner consistent with the Respectful Workplace Policy.
Dress and grooming elements required by personal religious or cultural practices will be
accommodated to the extent reasonably possible. However, employees are expected to try to
adhere to these dress and grooming rules to the extent permitted within their practices and will
not wear elements that cause a safety risk to themselves or others.
Any questions about appropriate clothing, appearance, or grooming should be addressed to the
employee's direct supervisor.
Page | 15
PART 5 - Compensation and Benefits
5.1. Salary Scales and Wage Rates
A salary scale and responsibility review of comparable municipalities will be conducted every 3 to
5 years , as deemed appropriate by the CAO.
Salary scale increments for individual employees are based on the following factors:
a.
performance management and development process results;
b.
market factors for individual positions; and
c.
years of service.
Council has the responsibility and authority to approve salary scale increments for the CAO's
contract.
Council may consider changing the approved salary scale for an existing position upon
recommendation from the CAO. The CAO will decide whether to make such a recommendation
based on a report to be prepared by the Director for that position, in consultation with the Human
Resources Generalist. The report will outline the relevant factors for recommending a salary scale
change, including some or all of the following:
a.
changes in responsibilities of the position;
b.
a comparison to other salary scales and positions within the organization and to
similar positions in other municipalities;
c.
attainment of academic, training or professional development goals which have been
specifically approved as part the employee's personal development plan; and
d.
the position is one in high demand in the marketplace and/or is difficult to recruit for
due to specialized skills required to perform the job.
V.
New Employees
The Director in consultation with the Human Resources Generalist, will make a recommendation
for an initial placement of that new employee at the appropriate level on the salary scale. The
CAO will approve all initial placements. This placement will be based on the following factors:
a.
the academic qualifications, training, and skill achievements of the new employee
compared to those set out in the position description;
b.
market conditions and demand for candidates; and
c.
other relevant factors as appropriate.
VI.
Temporary assignments and Acting Pay
The Municipality recognizes that periodically it is necessary for the CAO to temporarily assign an
employee additional duties or to a different position. Acting pay may be considered for a
temporary assignment when the employee will be performing the principal duties of an existing
position of higher value due to a vacancy or a temporary absence. Temporary assignments within
the same pay level are considered "lateral moves" and not eligible for acting pay.
Page | 16
Acting Pay will be provided:
a. For an employee acting in a position for two weeks or less, there shall be no acting
remuneration. This is intended to cover for vacations and short-term illness.
b. For an employee acting in a position for greater than two weeks, the remuneration shall
be the greater of the first step in the salary scale for the position in which the employee
is acting; or the employee's current salary level plus 10%.
c. Acting pay is not to exceed the highest salary level of the position being replaced.
Acting pay provisions within an existing employee contract may supersede the above.
VII.
Salary Increases
The CAO has the responsibility and authority to approve salary scale increments for the Directors
and other positions that report directly to the CAO.
The Directors have responsibility to recommend salary scale increments to the CAO for positions
in their respective departments. The CAO will approve all salary scale increments.
Council may, in consultation with the CAO, annually adjust all salary scales with consideration to
the cost of living and other employment market factors.
5.2. Travel
Employees may be required to travel as part of their duties with the Municipality. Employees will
be reimbursed for reasonable expense, including the cost of highway tolls, bridge tolls, airport
parking fees, airport security fees, taxi fares, and public transportation fares while attending
approved meetings, conferences, workshops, professional development sessions, or performing
other required work activities. Receipts must be provided (except for tolls).
All travel-related expenses must be submitted in accordance with the Expense Reimbursement
Policy.
5.3. Pension and Group Insurance
Any employee who has successfully completed the probationary period and has obtained a
permanent position is eligible to participate in the Municipality's registered pension plan, subject
to the requirements of that plan.
Any employee who has successfully completed the probationary period and has obtained a
permanent position is eligible to participate in the Municipality's extended health, dental, life
insurance, accidental death and dismemberment, and long-term disability plans, subject to the
requirements of those plans. Employees may opt out of health and dental benefits if they prove
they have coverage elsewhere. Eligible employees are required to participate in the life insurance,
accidental death and dismemberment and long-term disability plans, unless at the time of the
adoption of this Policy the employee was not participating in those plans, and they agree to sign
a waiver with respect to their participation.
Current contribution rates are as follows:
0-10 years 6% of earnings, matched by the employer
Page | 17
11-20 years 7.5 % of earnings, matched by the employer
20+ years 9% of earnings, matched by the employer
The CAO may waive, in rare instances, the eligibility period for both the pension plan and any
health & dental plans as part of a new employee's contract.
5.4. Employer Cell Phones
The Municipality will provide cell phones to employees when required.
Employees must reimburse the Municipality for all charges for personal calls on Municipal phones.
Directors are responsible for the initial decision to issue a cell phone and to review the need for
cell phones on an annual basis.
5.5. Expense Reimbursement and Allowances
It is the objective of the Municipality to reimburse employees for out-of-pocket expenses incurred
that are associated with employees carrying out the responsibilities of their positions. All requests
for reimbursement of expenses must be submitted on the prescribed form.
Employees must make reasonable efforts to minimize expenses. For example, employees must
make cost-effective travel, lodging, and meal choices when traveling on behalf of the Municipality.
Expense reimbursement requests must include original receipts or other appropriate
substantiating documentation for each expense.
All travel-related expenses must be submitted in accordance with the Expense Reimbursement
Policy.
5.6. Employee Computer Purchase Plan
The Municipality recognizes that home computers are an important aspect of employees' family
lives and that an employee's computer skills are an asset to the Municipality.
The Municipality will provide financing for the purchase cost of eligible home computer
equipment under the following conditions:
a.
The Municipality will provide financing for up to 100% of the cost, to a maximum of
$3,000.
b.
"Eligible home computer equipment" means and is limited to personal computers
including desktops, tablets and laptops, monitors, printers, cables, keyboards,
mouses, speakers and software purchased with the computer.
c.
Employees must choose to finance the purchase on either a one year or a two-year
repayment term.
d.
Equal bi-weekly payroll deductions will be used to reimburse the Municipality.
e.
Employees are permitted to repay the entire principal balance outstanding at any
time.
Page | 18
f.
Participating employees will be required to sign a Repayment Plan.
g.
An employee leaving the employ of the Municipality will be required to repay the
amount outstanding in full. The Municipality will deduct any outstanding amount
from any monies owed to the employee.
h.
Any deemed taxable benefits from this financing arrangement will be reflected in the
employee's T4.
5.7. Employee Recognition and Service Awards
The Municipality seeks to provide for appropriate recognition of employee service during
employment. To that end, employees will be entitled to a Service Recognition Award in
accordance with the following schedule of service milestones:
10 years
$300
15 years
$400
20 years
$500
25 years
$600
30 years
$700
35 years
$800
40 years
$900
45 years
$1000
The hiring date shall be used when calculating employee service milestones. Employees will be
recognized at an annual Employee Recognition Ceremony. All service awards are subject to
applicable taxable deductions.
VIII.
Recognition Upon Retirement (check numbering)
In addition to any Service Recognition Awards, an employee retiring at or after their 65th birthday
shall be entitled to a Retirement Award of the same value, and on the same terms, as their next
Service Recognition Award would have been, if they had remained employed with the
Municipality to their next milestone.
IX.
Employee Retroactive Pay after Separation
An employee no longer employed with the Municipality is ineligible for a Service Recognition
Award or any retroactive pay increments.
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PART 6 - Attendance and Leaves
6.1. Work Hours
Working hours are normally Monday to Friday, and may vary according to position. Employees on
a compressed work week schedule will work 4 days per week, 8.75 hours per day. See the
Compressed Work Week Policy for more details. The generally accepted days and hours of work
for each position will be outlined in the job description for each position; however, the days and
hours of work may vary based on workload or demand. These standard hours may change subject
to direction from the CAO.
Unionized employee work hours are subject to the Collective Agreement.
The Municipality may occasionally require that an employee work beyond standard working hours
("overtime") due to operational requirements or by express agreement between the Municipality
and employee. See the Overtime Policy at 6.2 for details.
Employees are permitted one hour for lunch between 11:30 a.m. and 2:00 p.m., unless on a
compressed work week in which case it is 30 minutes. Employees are permitted one 15 minute
break in the morning, and one 15 minute break in the afternoon. Supervisory staff have the
authority to schedule lunch and breaks for individual employees as may be required to maintain
service levels.
6.2. Overtime
It is the objective of the Municipality to maintain appropriate staffing levels for the management,
administration, and operations of the Municipality to minimize overtime.
Eligibility for Overtime
Overtime eligibility is indicated in job descriptions, but employees are encouraged to check with
Human Resources or their supervisor if they are unsure. Managers and Directors should refer to
the Overtime for Directors section of this policy.
Overtime rate
Eligible employees shall accrue time in lieu at a rate of 1.5 times for each hour worked above their
regular work week to a maximum of 70 hours. The employee's Supervisor will approve any
overtime and work with the employee to adjust daily work schedules to minimize overtime.
If an employee is called in or contacted at home to work overtime the following provisions will
apply:
a.
if the employee can work from their personal residence, overtime shall be
compensated at an amount equal to the greater of one hour or the actual time
worked at time and one half; or
b.
if the employee must leave their personal residence, overtime shall be compensated
at an amount equal to the greater of three hours or the actual time worked at time
and one half.
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For purposes of this section "actual time worked" shall include travel time to and from the
employee's residence.
If an employee is called in or contacted at home to work and was not otherwise scheduled to
work, the employee shall be paid for actual time worked, and for a minimum of three hours.
If the employee is scheduled for a regular workday or shift and is asked to do additional work
upon returning home, it will be considered an extension of their workday and they will be
compensated for actual time worked.
For added clarity, employees will only be paid an overtime rate for hours worked beyond their
normal work week, regardless of whether hours were scheduled or called in.
Overtime worked on paid holidays shall be compensated at time and one half in addition to the
regular holiday pay.
Approval for Overtime
Overtime must be approved in writing in advance by the appropriate Supervisor, except when
emergency or urgent conditions make it impossible to obtain advance approval, or when the
responsibilities of the employee prevent return to the office at the end of the normal workday.
Supervisors have the authority to approve all paid overtime in accordance with the provisions of
this Policy.
Human Resources shall be responsible for submitting an annual overtime report to the CAO for
their department for the previous calendar year, such report to be submitted prior to January 31.
The CAO shall determine the details required for this report.
The purpose of this report is to assist in reviewing service delivery options, equitable and fair
distribution of overtime, assessing staff resource requirements, annual operating and capital
budget deliberations and approval, and position responsibilities and priorities.
Overtime for Directors
It is the expectation of the Municipality that Directors will work a reasonable number of hours
outside normal office hours if required to ensure the responsibilities of those positions are
performed, without additional compensation. Specifically:
a.
Directors will not be permitted overtime for attending training sessions, conferences,
or meetings associated with professional or work-related membership, including
travel time for such activities.
b.
Directors will not be permitted overtime within the normal workday and for work
performed immediately preceding and following the normal workday unless that
work is a meeting or part of a special project.
c.
Directors will be compensated on a straight time basis (normally time off in lieu) for
attending evening and weekend meetings.
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d.
Directors will be compensated on a straight time basis or time and one-half for other
work activities outside regular hours not specifically addressed in this section, on
approval by the CAO.
6.3. Remote Work
Directors may authorize non-permanent or occasional opportunities to work away from the
Employee's primary or designated work location at the time of the request. Employees do not
have a "right" to work remotely.
Permanent remote work arrangements must be approved by the CAO. Changes to job, duties,
assignments, projects or changes to operational needs may have an impact on the suitability of
remote work; therefore, Directors are responsible for periodically assessing and addressing any
change in suitability.
6.4. Statutory and Paid Holidays
I.
Statutory Holidays
Except as otherwise provided in this policy or any Act of the Legislature, the Municipality shall
grant each eligible employee a holiday with pay on each statutory holiday falling within any period
of employment. Employees shall be paid for a statutory holiday in accordance with the Labour
Standards Code.
The Municipality recognizes the following statutory holidays for all eligible employees:
a.
New Year's Day
b.
Good Friday
c.
Canada Day
d.
Labour Day
e.
Christmas Day
When the CAO requires an employee to work on a statutory holiday, the Municipality shall pay
that employee an amount equal to the amount that would have otherwise been paid for that
work day. In addition, the employee shall be paid one and one-half times the regular rate of wages
for the actual time worked on that day.
II.
Paid Holidays
The Municipality recognizes the following paid holidays for eligible employees:
a.
Nova Scotia Heritage Day (third Monday in February)
b.
Easter Monday
c.
Victoria Day
d.
Civic Holiday (first Monday in August)
e.
Truth and Reconciliation Day (September 30)
f.
Thanksgiving Day
g.
Remembrance Day
h.
Boxing Day
Employees are encouraged to verify their eligibility for paid holidays with their supervisor(s).
Page | 22
III.
Eligibility
Employees will be paid for the above holidays provided:
They have worked their regularly scheduled shift of work immediately preceding and immediately
following the holiday. A paid sick day or a vacation day is considered as a day worked.
To qualify for payment for holiday leave, temporary employees must work their regular working
days prior to and following the holiday, unless they are absent on approved paid leave.
The Municipality will not provide additional leave with pay if an employee experiences
circumstances on a paid holiday that would otherwise have led to a claim or application for sick
or emergency leave.
If one of these statutory or paid holidays fall on a Saturday or Sunday, a day off with pay will be
provided for eligible employees on the following weekday.
Employees on a compressed work week schedule will get time off when their normal day off falls
on a statutory or paid holiday as outlined in the Compressed 4 Day Work Week Policy 23-04.
6.5. Paid Vacations
All vacation entitlements shall be calculated based on the Municipality's fiscal year (April 1 to
March 31), and shall be prorated in accordance with commencement, anniversary, and end of
employment dates.
Temporary and part-time employees shall receive vacation pay or time in accordance with the
Labour Standards Act. Term employees shall receive vacation pay or time in accordance with the
Labour Standards Act unless they have been provided additional benefits in an employment
agreement with the Municipality.
Subject to the Labour Standards Code, vacation entitlement up to a maximum of 35 hrs may be
carried forward to the next year. The CAO can approve additional hours with reasonable
justification.
Employees on leave of absence without pay, maternity leave, or parental leave do not accumulate
vacation entitlement. An Employee shall accrue vacation credits while on Long Term Disability or
in receipt of Workers' Compensation benefits. The Employee's vacation bank (including any
vacation credits existing at the time of injury or illness) shall not exceed one year of annual
vacation entitlement. Provided however that such entitlement to vacation pay shall only be
awarded after such Employee has returned to regular employment.
Permanent full-time employees and probationary employees shall be entitled to vacation in
accordance with the following schedule:
a.
Up to and including the sixth year of employment calculated from the employee's
commencement date:
i.
8.75 hours per month (equal to 105 hours per year) for employees on a 35-hour
work week.
Page | 23
ii.
10 hours per month (equal to 120 hours per year) for employees on a 40-hour
work week.
b.
From the commencement of the seventh year of employment and up to and including
the thirteenth year:
i.
11.67 hours per month (equal to 140 hours per year) for employees on a 35-hour
work week.
ii.
13.34 hours per month (equal to 160 hours per year) for employees on a 40-hour
work week.
c.
From the commencement of the fourteenth year of employment up to and including
the twentieth year:
i.
14.59 hours per month (equal to 175 hours per year) for employees on a 35-hour
work week.
ii.
16.67 hours per month (equal to 200 hours per year) for employees on a 40-hour
work week.
d.
From the commencement of the twenty-first year and henceforth:
i.
17.5 hours per month (equal to 210 hours per year) for employees on a 35-hour
work week.
ii.
20 hours per month (equal to 240 hours per year) for employees on a 40-hour
work week.
Any employee who leaves the employ of the Municipality during the fiscal year shall have their
vacation entitlement prorated, and in the event vacation in excess of the prorated entitlement
has been taken, the salary received for the excess shall be repaid to the Municipality.
IV.
Requests for Time Off
All requests for vacation of 5 or more days (either continuous or within a two-week period) should
be submitted prior to May 31st of each year. In the event of a conflict, seniority and service needs
will be considered. Vacation requested after May 31 will be approved on a case-by-case basis and
priority will normally be given to the first submission. Vacation will be scheduled to ensure
operational requirements are not disrupted and undue hardship is not placed on fellow
employees. Reasonable effort will be made to ensure employees will be able to take their annual
vacation at a time that is most convenient for them. Employees may be required to split their
vacation, taking their vacation at two or more times per year.
All vacation requests, and requests for changes in approved vacation, must be approved by the
direct Supervisor, before the requests and changes become effective.
V.
Other Approved Leaves During Requested Vacation
An employee who is hospitalized for a continuous period of 48 hours or more, or that can prove
(usually with medical evidence) to the satisfaction of the CAO that they were medically
incapacitated for a continuous period more than 48 hours, while on vacation, will be permitted
to use sick leave and have their vacation entitlement reinstated for that period of hospitalization
or incapacitation. For the purpose of this clause, "incapacitated" means disabled to the extent
that most normal daily activities cannot be carried out and will only include a major illness or
injury.
Page | 24
An employee may request bereavement leave for a period covered by booked vacation. If the
leave is granted, the corresponding amount of vacation time shall be reinstated.
Any request for sick or bereavement leave during booked vacation time (pursuant to the
preceding two sections) must be made at the first reasonable opportunity. Late requests may be
denied.
VI.
Mandatory Office Closures
The Municipality requires a mandatory vacation during the Christmas to New Year's Day period.
The specific days and duration of the office closure and mandatory vacation days will be
determined annually by the CAO with reference to the calendar and work requirements and in
consultation with staff.
6.6. Paid Volunteer Workday
The Municipality supports and encourages employees to be members of registered charitable and
not for profit organizations that provide services to the residents of Cumberland County.
The Municipality will provide one (1) full day per fiscal year with pay for its employees to
participate in such activities.
The employee's Director has the authority to approve this paid volunteer workday.
6.7. Bereavement and Compassionate Care Leave
Employees bereaved by the death of a family member will be granted time off from work, without
loss of pay, in accordance with the following schedule and conditions:
a.
on the death of a parent, spouse, partner or child, for a period not to exceed five
working days, one of which shall be the day of the funeral;
b.
on the death of a Brother, Sister, Grandchild, Grandparent, Mother In-Law or Father
In-Law for a period not to exceed three working days, one of which shall be the day
of the funeral;
c.
on the death of a directly related Aunt, Uncle, Brother or Sister In-Law, or Son or
Daughter In-Law, one day for the purpose of attending the funeral;
d.
in regard to subsections (a) to (c) above, where the funeral is held at considerable
distance a maximum of two additional days may be granted for travel;
e.
on the death of any other relative, fellow employee, former employee, close friend
or former Councillor, employees may be granted sufficient time, to a maximum of
one-half day, to attend the funeral;
f.
step relations are treated in the same manner as set out above; and
g.
all bereavement leave, as permitted under this section, is subject to the approval of
the Director to whom the employee reports.
In the event of an employee's family member's critical illness (spouse, son, daughter, sibling,
parent, aunt, uncle, or any relative who resides with the employee), they may be granted leave
with pay up to five days at the discretion of the CAO.
Page | 25
In the event additional time is necessary for compassionate purposes an employee may request
additional days of unpaid leave and such days may be granted at the discretion of the CAO.
Employees may be granted up to a maximum of eight weeks of leave of absence without pay to
provide care or support to a family member.
6.8. Paid Sick Leave
The Municipality allows employees to earn and accumulate paid sick leave benefits ("Paid Sick
Leave") in order to provide some protection against loss of pay:
a.
in the case of long-term incapacity, during the period between cessation of work and
commencement of other benefits, plans or insurance; and
b.
in the case of short-term inability to work due to illness, injury, or the need to obtain
medical treatment.
An employee must notify their supervisor directly and immediately when they are taking sick time.
It is expected that not all sick leave earned will be used in short term situations, and that with the
passage of time employees will accumulate the maximum allowable to give them protection in
the event of serious and extended health problems.
Permanent full-time employees, probationary employees and term employees shall earn sick
leave at the rate of 10.5 hours per month, to a maximum of 1050 hours, for those who work 35
hours per week. For those who work 40 hours per week it is 12 hours per month to a max of
1200.
Any employee who uses 42 hours or more of sick leave within any six-month period shall meet
with their Supervisor and the Human Resources Generalist. The employee's attendance record
for the previous six months will be discussed to determine the reasons for the usage and to
identify any steps that can be taken to reduce it. The Human Resources Generalist will then
prepare a report for the Supervisor outlining recommendations, if any are warranted, for action
to be taken to reduce future sick leave. For more details, refer to Section 7. A record of all such
meetings, including their results, shall be maintained. Failure of an employee to make reasonable
efforts to control short term sick leave usage may result in Corrective Action.
Employees with multiple extended absences will be required to provide a functional assessment
from a medical practitioner and work with the Municipality on a back to work plan.
Human Resources may ask for a sick note if an employee is absent for more than five working
days or has already had two absences of five or fewer working days in the previous 12-month
period. Employees on long-term disability, maternity or parental leave, Workers Compensation,
leave of absence or suspension without pay do not earn sick leave.
Employees with children are permitted to use a maximum of 70 hrs (for those working a 35-hour
work week) or 80 hrs (for those working a 40-hour work week) of accumulated sick leave per year
to care for those children in the event of serious illness or need for medical treatment.
In the event of a serious illness or need for medical treatment of a spouse or partner, or parent
of an employee, up to 70 hrs (35-hour work week) or 80 hrs (40-hour work week) of accumulated
sick leave per year may be used to provide care, or when necessary, obtain treatment.
Page | 26
An employee falsely claiming Sick Leave is subject to Corrective Action up to and including
dismissal.
At the end of each fiscal year employees who have increased their accumulated unused sick leave
shall be awarded a lump sum payment based on the following schedule:
a.
Less than 350 hours total accumulation: no payment;
b.
350 to 699 hours total accumulation: the payment shall equal 10% of the equivalent
value of the increased accumulation;
c.
700 to 1049 hours total accumulation: the payment shall equal 20% of the equivalent
value of the increased accumulation; and
d.
1050 hours total accumulation: the payment shall equal 30% of the equivalent value
of the increased accumulation and what would have been increased accumulation if
not for the 1050 hour maximum.
Use of Paid Sick Leave will be inclusive of, and not in addition to, sick leave entitlements under
the Nova Scotia Labour Standards Code.
6.9. Emergency Leave
Employees may request emergency leave with pay to enable the employee to deal with a sudden
or unexpected, extraordinary happening or situation, demanding prompt personal action.
Generally emergency leave is not granted in periods of greater than one day. The granting of
emergency leave is at the discretion of the relevant Director or Supervisor or the CAO. Emergency
leave will not be approved for other permitted leaves as set out in this policy. An employee
granted emergency leave with pay shall have an equal amount of time deducted from their
accumulated sick leave.
6.10. Domestic Violence Leave
All Employees who have worked for the Municipality for three months or more are eligible for
Domestic Violence Leave. Domestic Violence Leave can be taken by an employee who is
experiencing domestic violence or whose child (under 18) is experiencing domestic violence.
Employees have the option of either:
a.
ten (10) intermittent or non-consecutive days in a calendar year, or
b.
as many as sixteen (16) consecutive weeks.
Any part of a day taken is counted as a full day's leave, but employees will be paid for any portion
of a leave day that is worked. The Municipality will provide three (3) paid days of domestic
violence leave regardless of which option they choose. The paid leave days will be subtracted
from the Employee's total leave entitlement in (a.) or (b.) above.
Employees intending to take Domestic Violence Leave under either option (a.) or (b.) must notify
the Municipality's Human Resources Generalist and Deputy CAO in writing as soon as possible.
They should indicate the anticipated start and end date. An employee wishing to take an extended
consecutive leave under option (b.) may end the leave early by giving the Municipality at least 14
days' notice, and ideally as much notice as possible.
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Further information on Domestic Violence Leave including definitions, resources and applicability
of provincial legislation can be found here:
https://novascotia.ca/lae/employmentrights/leaves.asp#domestic-violence
6.11. Leave without Pay
Requests for leave without pay will be considered on a case-by-case basis and may be granted or
refused at the sole discretion of the CAO.
The maximum cumulative amount of leave without pay that may be granted to an employee is
one year.
The following are types of leave without pay under which an employee might apply. All the leave
entitlements below are intended to meet and/or exceed the statutory required time and
therefore constitute an employee's entire entitlement to unpaid leave:
I.
Critically Ill Care Leave
Employees may take an unpaid leave to provide care and support to a critically ill family member
or a person like family. Employees must have worked for the Municipality for over three months
to qualify.
Employees must let the Municipality know in writing as soon as reasonably possible that they
intend to take the leave. They must include a plan on how the leave is to be taken (i.e.: all at once,
several smaller time periods, etc.). The employer can ask in writing for a copy of the medical
certificate.
Additional leave may be granted if supported by medical evidence, in accordance with the Labour
Standards Act.
Critically Ill Adult Care
Employees may take up to sixteen (16) weeks' leave, which must be taken within a 52-week time
frame. The leave may be broken up into separate periods of at least one week.
Critically Ill Child Care
Employees may take up to thirty-seven (37) weeks' leave, which must be taken within a 52-week
time frame. The leave may be broken up into separate periods of at least one week.
"Critically ill child" has the same meaning as in the federal Employment Insurance Act regulations.
II.
Citizenship Ceremony Leave
Employees are entitled to take an paid leave of absence of up to one day, or less if the Employee
chooses, to attend their citizenship ceremony. Employees must give as much notice as is
reasonably possible.
The Municipality may request evidence that the Employee is attending their citizenship ceremony
on a particular day, for example the "Notice to Appear" sent by Citizenship and Immigration
Canada.
Page | 28
III.
Leave for End of Pregnancy
Employees are entitled to an unpaid leave of absence if they have experienced an end of
pregnancy. In this policy, "end of pregnancy" means a pregnancy that does not end in a live birth.
Leave entitlements are as follows:
a. Employee whose pregnancy ends
a. before 19th week of pregnancy: up to 5 consecutive days
b. after 19th week of pregnancy: up to 16 consecutive weeks
b. Spouse or former spouse of individual contemplated in a.
c. A person who would have become the parent of a child born as a result of the pregnancy
through a surrogacy agreement
d. A person who would have become the parent of a child born as a result of the pregnancy
under an intended adoption pursuant to the laws of Nova Scotia
If an employee's pregnancy ends while they are on pregnancy leave, and they have taken more
than 10 weeks of pregnancy leave when their pregnancy ends, they are entitled to up to 6
additional weeks of unpaid leave from the day their pregnancy ended.
Employees will not be asked to explain the reason for the pregnancy leave.
IV.
Crime-related Child Death or Disappearance Leave
Parents and guardians who are facing the death or disappearance of their child (under 18 years
of age) resulting from a probable crime and who have worked for the Municipality for 3 months
or greater are eligible for 52-104 weeks of consecutive unpaid leave.
V.
Elections
Employees who are eligible to vote are entitled to a minimum number of consecutive hours free
from work on election day to attend a polling station. For both provincial and federal elections,
the minimum period of free time is three hours.
If an employee has not cast an advance ballot and does not have the minimum continuous period
free from work before or after their shift/regularly scheduled hours on a polling day, the employee
will be permitted to take enough paid time off work to allow the employee the minimum number
of free hours while polling stations are open. The scheduling of this time off is at the sole
discretion of the Municipality and will be determined by the employee's supervisor.
VI.
Jury Duty/Court Leave
Permanent employees who must serve as jurors in any court case must notify the Municipality
immediately and provide a copy of the notice. They shall be granted leave of absence for the
duration of the case. Employees must show proof of jury duty.
Employees who must appear in court as a party to the action may use vacation time or take leave
without pay to cover the absence. When an Employee must attend in the Employee's capacity as
Page | 29
a Municipal Employee outside of normal working hours, the Employee shall appear as requested
and the time shall be paid in accordance with regular compensation procedures.
6.12. Prepaid Personal Leave Days
In recognition that the Municipality cannot provide paid leave for all circumstances where it
would be beneficial to an employee, the Municipality allows a limited number of prepaid leave
days to be accumulated.
Employees can accumulate prepaid leave by requesting that their pay be reduced by an amount
equal to one regular day's pay spread evenly over sixteen (16) weeks (8 pay periods). The
maximum amount of prepaid leave that can be accumulated is three days.
Requests to accumulate prepaid days must be submitted in writing to the employee's Director.
Such requests must be approved by their Director before being implemented.
The forgoing provisions allowing the accumulation of prepaid leave days cannot be used to repay
any leave which has been taken or other time which has been missed from work.
6.13. Emergency Service Provider Leave
The Municipality supports local volunteer emergency service providers and recognizes the
contributions these organizations and their members make to the health, safety, and well being
of the public.
Volunteer Fire Departments, Ground Search and Rescue, Canadian Red Cross, St. John's
Ambulance, Medical First Responders, EMO Responders, (including radio operators) and any
other volunteer emergency response organizations approved in writing by the CAO are approved
organizations for the purpose of Emergency Service Provider Leave.
Employees who are members of approved organizations and who do not receive any
remuneration relative to emergency response activities will be permitted to respond to
emergency situations as a member of the organization without loss of regular pay and benefits.
The Municipality reserves the right to require that an employee return to regular duties,
notwithstanding that the emergency response may be ongoing.
Employees wishing to be eligible for Emergency Service Provider Leave must inform the
Municipality in writing, and in advance of any such leave being taken of their membership in an
organization approved pursuant to this Policy.
An employee that responds to an emergency as a member of an approved organization outside
regular work hours from Sunday through Thursday will be allowed to take a rest period of up to
eight hours, depending upon what is required, the following workday, without loss of regular pay
and benefits.
Employees must inform and obtain approval from their supervisor to leave work to respond to an
emergency. Continuity of service, job site safety and other factors must be considered in the
decision whether to grant leave or not.
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Employees that respond to an emergency during work hours will, if required, be allowed to take
a rest period that day without loss of regular pay or benefits. Employees should consult with their
supervisor and Director to determine the length of the rest period.
6.14. Pregnancy, Parental and Adoption Leave
Pregnancy Leave
Leave for illness of the employee arising out of or associated with the employee's pregnancy
before the commencement of or ending of the pregnancy or parental leave may be granted under
the provisions of the Sick Leave Policy. Eligible employees are entitled to up to sixteen (16) weeks
unpaid leave.
Parental Leave
An employee who becomes a parent of one or more children through either the birth of a child
or the placement of a child in the care of the employee for the purpose of adoption is entitled to
parental leave. The Municipality will provide a salary top-up during the legislated
Maternity/Parental Leave period (17 weeks) so that employment insurance benefits and the top-
up amount equal 80% of an employee's gross salary. The salary that will be used for calculating
this amount is the employee's salary on the first day of the parental leave. Adjustments will not
be made for salary scale increments or inflationary increases approved during the leave period.
Pregnancy, parental, and adoption leave for an employee shall be in accordance with Nova Scotia
Labour Standards Code. When an employee returns from leave, they will be reinstated to the
same position held immediately before the leave began, or, where that position is not available,
in a comparable position with no loss of seniority or benefits.
While on pregnancy, parental, or adoption leave, the Municipality shall grant the employee the
option of maintaining their benefits plan in which the employee participated before the
commencement of that period. If the employee opts in writing to keep the benefit plan, the cost
of coverage shall be shared in the same manner it was prior to leave. The employee portion of
the premium shall be paid to the Municipality on the first day of each month of absence. Sick
leave or vacation leave does not accrue while the employee is on leave. Employees may continue
to accrue pension benefits during their leave, with the employer and employee paying the normal
equal amount into the plan.
If an employee requires further leave of absence, as evidenced by a certificate or letter from a
certified medical practitioner, that leave of absence must be taken as vacation accumulated to
the time of pregnancy or parental leave commenced.
If an employee is taking both pregnancy and parental leaves, the employee must take them one
right after the other and not go back to work between the two leaves.
Page | 31
PART 7 - Attendance Management Policy
I.
Purpose
The Municipality sets a reasonable expectation that employees regularly perform the functions
of their job in line with their employment contract. In many cases, the functions of the job require
an employee to be present at a specific location and time of day while engaged actively in the
functions of the job. Employees may have roles that include varying locations for work, including
job sites and telecommuting or virtual locations and varying hours of work. Notwithstanding the
variability in location and time, in most cases the employee must be present at an agreed upon
location and time. Failure of an employee to be present where and when expected could disrupt
the organization.
The Municipality is committed to working with employees who require reasonable
accommodation under the protected grounds of the governing human rights legislation, or who
have an illness, injury, or other condition beyond their control that causes them to miss work or
prevents them from attending work regularly.
Excessive absenteeism will not be tolerated and may be cause for disciplinary action, up to and
including termination. This policy defines absenteeism at the Municipality, outlines the process
for correcting unacceptable attendance behaviour, and ensures that absenteeism is managed
consistently and fairly.
This policy is to be read in conjunction with Part 5 of this Handbook.
II.
Scope
This Policy applies to all employees of the Municipality of the County of Cumberland.
III.
Definitions
In this Policy:
a.
"Approved absence" means any workplace absence where the employee is entitled
to leave based on applicable legislation or municipal policy and has supervisor
approval for the leave: for example, vacation, jury duty, bereavement, or parental
leave. Approved absences are not addressed in this Policy.
b.
"Culpable absenteeism" means any workplace absence as a result of factors within
the employee's control: for example, where an employee fails to provide notice of
their absence, a falsified illness, an abuse of leave provisions, or arriving late or
leaving early without notification or excuse.
c.
"Non-culpable or innocent absenteeism" means any workplace absence because of
factors an employee has little or no control over for example, illness, injury, attending
a medical appointment, or attending to an emergency or urgent matter.
IV.
Absenteeism
The Municipality has determined the acceptable number of occasions of absence that an
employee may take off from work each month or within a calendar year for the organizations.
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Employees who exceed the acceptable number of occasions of absence may be subject to an
attendance management review.
Employees are entitled to leave for the following approved absences:
a.
Parental leaves;
b.
Vacation;
c.
Approved unpaid leaves; and
d.
Approved professional development leaves.
Acceptable number of culpable absences: Zero.
Acceptable maximum number of occasions of non-culpable absences: No more than 42 hours or
more of sick leave within any six (6) months period.
V.
Tracking
The Municipality will track and record all employee absences, including absences with and
without prior permission and both culpable and non-culpable absences. Tracking will include the
absences, time and date of absence, reasons if any, and where appropriate and legally permitted
any supporting information like a doctor's note. These absences will include full-day and partial-
day absences, including arriving late or leaving early without permission.
VI.
Notice
The Municipality has taken steps to ensure that all employees are informed of and understand
that attendance at work in a time and place expected by the organization, unless explicitly stated
otherwise, is a requirement of the job and that failure to comply may result in discipline. This
includes missing an entire day or part of a day, such as arriving late, leaving without notice or
permission during a shift, or leaving early.
Employees are expected to provide notice of an absence as soon as possible before or after any
absence.
VII.
Attendance Management Procedure
The following events will trigger the employee's supervisor to set an attendance review meeting:
a.
In the case of a culpable absence; or
b.
When the number of non-culpable absences approaches the acceptable number of
occasions.
The attendance review will include a review of the number of and reasons for absences and
address any need for accommodation. In determining the reasons for the absences, the
Municipality will work with the employee, and their physician when necessary, to determine any
reasonable accommodations for needs under the protected grounds of discrimination, as per the
governing human rights legislation. The Municipality will offer accommodation up to the point of
undue hardship.
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Addressing Culpable Absenteeism
If the Municipality determines that an employee's unacceptable absence is the result of one or
more culpable absences, the situation may be treated as a disciplinary matter.
Addressing Non-culpable or Innocent Absenteeism
If the Municipality determines that an employee's unacceptable absence is the result of non-
culpable absences, the situation will be treated as a non-disciplinary matter, and the Municipality
will provide as much support as possible to the employee, subject to the procedure below.
Please note that while the Municipality will make every reasonable effort to work with the
employee to address innocent absenteeism issues, where the Municipality determines that the
absenteeism rate is excessive and creates a situation where the employee is unable to perform
the job duties for which they were hired, the Municipality may be forced to terminate the
employment relationship due to a frustration of contract.
The Municipality shall meet its responsibility to reasonably accommodate employees with a
medically documented disability and will create appropriate return-to-work programs that take
non-culpable absenteeism into account.
VIII.
Steps to Address Absenteeism
It is the responsibility of all directors and supervisors to ensure the consistent application of this
Attendance Management Policy. In conducting an attendance review, the supervisor will first
determine whether the absences are culpable or non-culpable and the applicability of disciplinary
and non-disciplinary measures. Supervisors hold responsibility for managing attendance in their
respective working groups and shall ensure that appropriate documentation is collected and filed.
Supervisors will communicate the requirements for attendance, maintain attendance records,
and provide appropriate assistance to employees participating in the Municipality's return-to-
work program.
First Coaching Meeting
If at any point an employee's absenteeism exceeds the acceptable number of absences, the
supervisor will contact human resources to review the attendance management process. A record
of the employee's attendance will be reviewed and a meeting with the employee will be
scheduled to discuss their absenteeism. The first coaching meeting will be non-disciplinary and
will include the employee, the supervisor, and human resources.
The meeting shall:
a.
Notify the employee of the Municipality's concerns regarding their attendance;
b.
Explain the effect of absences on work operations;
c.
Review the Attendance Management Policy;
d.
Offer the employee an opportunity to explain the pattern of absences;
e.
Set expectations for improved attendance;
f.
Advise the employee that a record of the session will be made available to them;
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g.
Identify resources available to help the employee, including the Municipality's
Employee & Family Assistance Program;
h.
Set a goal for improved attendance; and
i.
Schedule date of next meeting in two (2) months' time.
If during the initial meeting the employee indicates that the absences are a component of an
illness, injury, physical or mental disability, religion, or sex, including pregnancy, the Municipality
will work with the employee to confirm their needs and devise acceptable accommodations.
Second Coaching Meeting
If the employee does not meet the established attendance goal, the supervisor shall hold a second
coaching meeting with the employee to discuss the issue. The second meeting is non-disciplinary
and will follow a similar format to the first meeting, but the tone is more urgent. This meeting will
include the employee, the supervisor, and human resources.
The meeting shall:
a.
Notify the employee that the attendance is of concern, causing a problem, and
unacceptable;
b.
Review attendance record since first coaching meeting;
c.
Outline the effect on the organization due to absence;
d.
Detail the expectations for improvement;
e.
Offer the employee an opportunity to explain the absences;
f.
Advise the employee that a record of the session will be made available to them;
g.
Identify resources available to help the employee, including the Municipality's
Employee & Family Assistance Program;
h.
Set a goal for improved attendance; and
i.
Schedule date of next meeting in two (2) months' time.
This meeting must inform the employee that where the attendance fails to improve, the
Municipality may be required to implement appropriate levels of disciplinary action, transfer,
demote, or deny the promotion of the employee.
Third Coaching Meeting - Final Warning
If the employee does not meet the attendance goal established at the second coaching meeting,
the supervisor shall hold a third and final coaching meeting with the employee to discuss the issue.
This meeting will include the employee, the supervisor, human resources, and the director and
will stress the urgency of the matter.
The meeting shall:
a.
Remind the employee of the points in the previous meetings;
b.
Review attendance record since second coaching meeting;
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c.
Indicate that this is the third and final coaching meeting and that failure to improve
attendance within the timeframe may have consequences that could include
disciplinary action up to and including termination;
d.
Offer the employee an opportunity to explain the absences;
e.
Advise the employee that a record of the session will be made available to them;
f.
Identify resources available to help the employee, including the Municipality's
Employee & Family Assistance Program;
g.
Set a goal for improved attendance; and
h.
Schedule date of next meeting in two (2) months' time.
IX.
Failure to Improve Unacceptable Attendance Behaviours
Following the third and final coaching meeting, if the employee continues to exceed the
acceptable level of absenteeism in the next two (2) months, the Municipality may determine the
case for progressive discipline based on input from the supervisor, director, human resources,
and legal counsel (where appropriate).
If the employee is unable to attend any of the above coaching meetings, a letter will be sent to
the employee setting out the conditions of their improved attendance as outlined in the relevant
coaching meeting.
Termination of employment may occur where acceptable absenteeism levels are exceeded,
progressive discipline if appropriate has been provided, or the contract of employment has been
frustrated.
The Municipality shall ensure the following conditions are met before any dismissal of an
employee for non-culpable absences:
a.
A culminating absence must occur, where a recent absence requires a review of the
employee's attendance record and employment with the Municipality;
b.
The Municipality has determined that the employee has a history of absenteeism that
exceeds acceptable levels; and
c.
The Municipality has previously notified the employee that further absences could
result in their termination.
X.
Improved Attendance
If an employee displays improved attendance and the improvement continues for six (6) months,
the review process will be considered closed, and the employee will be informed of their success
in meeting organizational expectations. If the employee again displays attendance issues
following the successful completion of the review period, the process shall begin again at the first
coaching meeting stage.
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PART 8 - Respectful Workplace Policy
I.
Policy Commitment
The Municipality is committed to providing a healthy, safe, and supportive workplace where all
individuals are treated fairly and with respect and dignity. Every individual has the right to work
in a professional atmosphere that is free from all forms of harassment, including sexual
harassment, discrimination, violence and other Disrespectful Behaviour.
Harassment, sexual harassment, discrimination, and other forms of Disrespectful Behaviour are
offensive, demeaning and will not be tolerated. This type of behaviour directly harms the well-
being of our employees, volunteers, elected officials, community members and persons doing
business on behalf of the Municipality, by violating their sense of safety and contributing to a
negative workplace environment. The Municipality encourages all employees and elected officials
to report any harassment or discrimination they experience or witness. Employees found to have
engaged in behaviour that is prohibited by this Respectful Workplace Policy (the "Policy"),
including retaliation, are subject to appropriate disciplinary action, up to and including
termination.
The Municipality recognizes that its employees can be exposed to harassment and discrimination
by other employees as well as by external parties. The Municipality will take appropriate steps
with the objective of ensuring that all employees and elected officials are free from discrimination
and harassment by both internal and external sources including but not limited to other
employees, third parties, supervisors, and managers.
This Policy intends to promote employee involvement in resolving situations. The Municipality is
committed to providing all Members of Council, employees, volunteers and others doing business
on behalf of the Municipality, with timely and effective support to resolve issues of harassment
and discrimination. This Policy is designed to outline forms of Disrespectful Behaviour; the
responsibilities of all employees, volunteers and persons doing business on behalf of the
Municipality; and possible courses of action when Disrespectful Behaviour occurs. It is important
for employees to be able to report workplace harassment to a person who will objectively address
the complaint.
Violence in the Workplace
In addition to the Disrespectful Conduct contemplated in this Respectful Workplace Policy, the
Municipality recognizes the potential for violent acts directed against Members of Council,
employees, volunteers or persons doing business on behalf of the Municipality. The Municipality
also acknowledges the potential for physical and emotional harm as a result of these violent acts.
No forms of violence will be tolerated in the workplace. Every effort will be made to identify
possible sources of violence and implement procedures to eliminate or minimize the risks they
create.
The Municipality acknowledges that violence in the workplace is an occupational health and
safety hazard that can cause physical and emotional harm. We view any acts of violence or threats
of violence in the workplace as unacceptable. We are committed to working to prevent workplace
violence and to responding appropriately if workplace violence does occur. All members of the
Municipality are responsible for creating and maintaining a safe environment.
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II.
Purpose
The purposes of this Policy are to:
-
secure and maintain a working environment that upholds and values respect, diversity,
inclusion, integrity, accountability, and the general well-being of all employees.
-
establish the shared responsibility to maintain a respectful workplace.
-
ensure that all Members of Council, employees, volunteers and others doing business on
behalf of the Municipality understand that conduct such as harassment, sexual
harassment, bullying and discrimination may be illegal and is contrary to the standard of
conduct expected of employees and directors.
-
provide all Members of Council, employees, volunteers and others doing business on
behalf of the Municipality with an understanding of the type of conduct, comments and
interactions that constitute violence, harassment, discrimination and other forms of
Disrespectful Behaviour; provide procedures to support and encourage the prevention,
early detection, resolution and elimination of harassment and discrimination.
-
define the actions that may be taken when violence or Disrespectful Behaviour has
occurred.
III.
Application
This Policy applies to all employees, contracted service providers, committee members and other
volunteers, regardless of position. This Policy covers behaviour that is connected to the work and
services of the Municipality and includes behaviour taking place anywhere in the Workplace as it
is defined below.
IV.
Implementation
An administrative directive will be approved by the CAO that outline the definitions that
constitute disrespectful behaviour, the complaints procedure, the resolution process as well as
the roles and responsibilities of employees and management in implementing the policy. This
administrative directive will be reviewed periodically.
V.
Reprisal or Retaliation
Any alleged reprisal or retaliation taken against any employee, volunteer or person doing business
on behalf of the Municipality for using this Policy, expressing an intention to use this Policy, or
reporting violence or Disrespectful Behaviour concerns shall be investigated by the CAO or
designate. Any employee, volunteer or person doing business on behalf of the Municipality found
to have engaged in reprisal or retaliation is subject to appropriate disciplinary action, which may
include dismissal. In addition, any employee, volunteer or person doing business on behalf of the
Municipality who knowingly pursues a complaint in bad faith, maliciously or without a reasonable
and probable basis, will be subject to discipline.
VI.
Timely Reporting of Complaints
The Municipality encourages timely reporting of complaints to resolve violence or Disrespectful
Behavior and address its impacts, but the passage of time will not prevent or limit access to the
procedures and remedies set out in this Policy.
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VII.
False or Malicious Complaints
Any person who makes a harassment complaint in bad faith, maliciously or without a reasonable
and probable basis, engages in a reprisal against an employee for filing a harassment complaint
or interferes with a harassment investigation will be subject to discipline, in accordance with the
Municipality's Progressive Discipline Policy.
VIII.
Other Remedies
Finally, while this Policy outlines the Municipality's goals of promoting a workplace that is free of
violence and Disrespectful Behaviour, the Policy is not intended to limit the Municipality's
authority to discipline or take remedial action for workplace conduct the Municipality deems
unacceptable, regardless of whether that conduct satisfies the definition of Disrespectful
Behaviour. Nor is this policy intended to discourage or in any way limit an employee from seeking
remedies through applicable human rights and employment legislation.
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PART 9 - Health, Safety and Wellness
9.1. Health and Safety
Occupational Health and Safety is guided by provincial Occupational Health and Safety and the
Municipality's safety program and administrative directive on incident reporting.
9.2. Wellness
The Municipality is committed to supporting and promoting employee mental and physical
wellness through the terms in the Workplace Wellness Policy 17-02.
Employees are eligible up to $200 per fiscal year to help support expenses related to participating
in active living, sport and recreation opportunities of their choice. More details on this program
can be received from human resources.
9.3 Work Clothing Policy
i.
Purpose
The Work Clothing Policy is intended to set out the conditions for which the Municipality of the
County of Cumberland will provide appropriate work clothing to an employee in a fair and
consistent manner, and to set out associated responsibilities and procedures.
ii.
Definitions
In this policy:
a.
"identification" means the Municipality of the County of Cumberland's logo as
identified in the Municipality's Regional Marketing Strategy and may also include
position title, and when necessary, is compliant with the Nova Scotia Temporary
Workplace Traffic Control Manual standards for safety identification, i.e. ID jackets.;
b.
"work clothing" means clothing assigned for eligible employees under section iv.
iii.
Scope
This Policy applies to all employees of the Municipality.
This Policy does not apply to personal protective equipment (PPE). Information regarding PPE is
outlined in the Municipality of the County of Cumberland Safety Program.
iv.
Eligibility
The Municipality will supply work clothing to employees if one or more of the following conditions
are met:
a.
to ensure employees are readily identifiable and visible when exercising the authority
of the Municipality in order to enhance compliance from the public and facilitate
interaction with other agencies;
b.
to prevent significant wear and tear to personal clothing due to work conditions; and
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c.
to protect against contamination or adverse weather conditions.
The Municipality does not provide clothing or a clothing allowance for ordinary day-to-day work
activities under benign conditions.
In order to avoid potential abuse and possible perception of undue benefit, all work clothing
provided shall remain the property of the Municipality at all times.
v.
Procurement
All work clothing purchases must follow the procurement process as outlined in the Municipality's
Work Clothing Purchasing Procedure.
vi.
Responsibilities
Employees should wear attire that presents a professional appearance appropriate to their duties.
Employees are discouraged from wearing work clothing outside of their work duties. If an
employee must wear work clothing that identifies them as a municipal employee when not
working, the employee is expected to conduct themselves in a manner that reflects well on the
Municipality.
Employees assigned work clothing shall:
a.
wear this work clothing while performing their duties;
b.
be responsible for the care and cleaning of work clothing issued to them, unless other
arrangements are made;
c.
return municipally issued work clothing to their supervisor when a replacement is
required or requested; and
d.
follow the procurement process to ensure consistency and compliance.
e.
ensure clothing that is procured meets our current branding guidelines.
Supervisors shall:
a.
ensure that employees under their supervision are provided with the appropriate
work clothing, as identified in the table below
b.
make reasonable efforts to ensure the work clothing they approve is suitable and
appropriate;
c.
review work clothing purchase reports from procurement personnel for employees
under their supervision;
d.
follow the procurement process to ensure consistency and compliance.
9.4 Drugs and Alcohol in the Workplace
i.
Purpose
The purpose of this Policy is to ensure a safe and healthy workplace for all Employees by reducing
the risks associated with the use of Alcohol and Drugs. As part of an overall approach to safety,
Page | 41
the Alcohol and Drug Policy and Procedure are integral components of the Municipality's
occupational health and safety management system.
Employees are expected to be fit for duty when reporting to work and remain fit for the duration
of the day. This includes refraining from use of alcohol, drugs, or other substances that may
diminish their capacity to perform the duties of the workplace.
II.
Definitions
In this Policy, unless the context otherwise requires:
a.
"Administrative leave" means a temporary leave from a job assignment, with pay and
benefits intact.
b.
"Alcohol" has the same meaning as "liquor" in section 2(k) of the Liquor Control Act,
RSNS 1989, c. 260. Without limitation, alcohol includes beer, wine and spirits such as
vodka, gin, rum, whisky and tequila and any beverages incorporating those products.
c.
"Cannabis" means any substance produced or derived from marijuana plants that can
be consumed by a person through ingestion, smoking or topical application for
medicinal or recreational purposes, whether or not lawfully obtained. Without
limitation, Cannabis includes items such as marijuana cigarettes and marijuana
infused pills, beverages, food and vapor.
d.
"Drugs" means substances, other than food, which are taken to change the way the
body and/or mind function. They may include any of the following:
i.
Prescription Drugs: drugs which have been legally obtained with a valid
physician's prescription and are being used as prescribed, under medical
supervision.
ii.
Over the Counter Drugs: drugs that have been legally obtained but do not require
a physician's prescription and are being used as prescribed, under medical
supervision.
iii.
Illicit Drugs: any drug or substance which has not been legally obtained or which
is not legally possessed and whose use, sale, possession, purchase or transfer is
restricted or prohibited by law.
iv.
Other Substances (including alcohol): include but are not limited to legal or illegal
products that can be inhaled, injected, or consumed by other means, that cause
impairment or intoxication and that may not be included in the above definitions.
e.
"Drug and/or Alcohol Dependency" in the context of this Policy, means the use of
Drugs and/or Alcohol to the point that it adversely affects performance or safety at
work, either directly through intoxication, or after-effects, or indirectly through social
or health problems.
f.
"Fit for Duty" in the context of this Policy, means being able to safely perform
assigned duties and responsibilities without any impairment due to the influence, or
after-effects, of any Drug (as defined in this Policy), that may hinder performance or
compromise the safety of the employee, volunteer or others within the context of job
duties or participation in Municipality-sponsored programs or events or in any other
context to which this Policy applies. A person who is impaired under the definition in
this Policy is Unfit for Duty.
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g.
"Impairment/impaired" is the condition where the ability to perform one's job has
been affected by drugs and/or alcohol, regardless of how much or how little is actually
consumed. The following are some possible signs of impairment:
o unstable on feet
o slurred speech
o inability to perform duties
o alcohol on breath
o red eyes
o unusual behaviour for employee (may be louder than usual)
h.
"Reasonable Grounds" in the context of this Policy, means that a graded approach,
commensurate with risk, that may be used to determine when a person may be
impaired to the point of not being able to work, participate safely in an activity, or
who may compromise the safety of others.
III.
Overview
All employees are responsible for safety in the workplace.
Employees and volunteers have the right to refuse unsafe working conditions. If an employee or
volunteer feels their supervisor is not taking the appropriate action to create a safe working
environment, they have the right to refuse the work.
This Policy applies to all Members of Council, employees and volunteers of the Municipality of the
County of Cumberland.
IV.
Expectations
The following expectations apply to members of Council, employees and volunteers alike while
conducting work on behalf of the Municipality, whether on or off municipal property:
- Members of Council, employees and volunteers are expected to arrive to work fit for duty
and able to perform their duties safely and to standard;
- Members of Council, employees and volunteers must remain fit for duty for the duration
of their shift;
- Use, possession on person, distribution, or sale of illicit drugs, cannabis, or alcohol during
work hours, including during paid and unpaid breaks, is strictly prohibited; exceptions apply
for those serving alcohol as part of employment.
- Members of Council, employees and volunteers are prohibited from reporting to work
while under the influence of recreational cannabis and any other nonprescribed
substances;
- Use and possession on person of medically prescribed drugs is permitted during working
hours, subject to the terms and conditions of the Municipality's policies and all applicable
legislation;
- Members of Council, employees and volunteers on medically approved medication must
communicate to management any potential risk, limitation, or restriction requiring
modification of duties or temporary reassignment; and
- Members of Council, employees and volunteers are expected to abide by all governing
legislation pertaining to the possession and use of cannabis
Page | 43
The Municipality understands that Members of Council, employees and volunteers may be under
medical care involving prescription drugs, including Cannabis, that may have impairing effects. It
is the responsibility of all Members of Council, employees and volunteers to become familiar with
the effects of prescription drugs and over the counter drugs they are taking and, if the use of such
drugs impact performance or health and safety, the employee or volunteer must contact their
supervisor or human resources immediately and before reporting to work under the influence of
such drugs.
A supervisor or manager who is notified by an employee or volunteer with respect to prescription
and over the counter drugs they are taking may not disclose any information provided to any
person other than a person who needs to know in order to discharge a statutory or common-law
obligation, unless authorized by the employee or volunteer.
Disclosure of Dependency
- Employees and volunteers who believe they may have a Drug and/or Alcohol Dependency,
or who believe they have an emerging Drug and/or Alcohol Dependency, are expected to
seek prompt assistance and follow appropriate treatment before job performance is
affected or violations of this Policy occur.
- Employees and volunteers must disclose a Drug and/or Alcohol Dependency requiring
accommodation to the Municipality. No employee or volunteer with a Drug and/or Alcohol
Dependency issue will be disciplined for disclosing this information to the Municipality.
- The Municipality may, in its sole discretion, implement discipline in circumstances where
the employee or volunteer did not disclose a Drug and/or Alcohol Dependency issue, and
the employee or volunteer has violated the terms of this Policy.
V.
Suspicion of Impairment
Mandatory reporting
In the event an employee or volunteer suspects impairment of another employee or volunteer
during regular business hours, the employee or volunteer must:
a.
immediately report this to the appropriate manager/supervisor or designate; and
b.
make every reasonable effort to keep themselves and others safe.
Anyone who suspects another person to be impaired should make notes and document their
observations of the person's behaviour.
Reasonable Grounds to suspect impairment
In the event a supervisor has reasonable grounds to suspect impairment of an employee or
volunteer during regular business hours, the supervisor:
a.
must confidentially meet with the employee to inform them they are being placed on
administrative leave for the remainder of the workday due to suspected impairment
and they must leave the worksite immediately for the safety of themselves and
others;
b.
must arrange for appropriate transportation for the employee;
Page | 44
c.
should not discuss performance or administer discipline while the employee is
impaired;
d.
must document the incident and contact human resources as soon as reasonably
possible to inform them of the situation and to schedule a meeting with human
resources to determine the appropriate resources and course of action to be taken;
e.
must participate in planning and facilitating the employee's return to work where
appropriate.
If an employee or volunteer is considered impaired and deemed "unfit for duty," this decision is
made based on the best judgement of two members of management (when possible) and DOES
NOT require a breathalyzer or blood test. However, the Municipality reserves the right to conduct
drug or alcohol testing if there are reasonable grounds upon which to do so.
Members of Council, employees, or volunteers who have been sent home due to suspected
impairment are expected to return to work for their next scheduled work shift, unless they are
medically unable to do so. If the employee or volunteer is medically unable to report for their
next scheduled shift they are required to provide medical documentation stating the expected
date they will be able to return to work.
Medical Conditions
Some medical conditions and medications can result in similar symptoms to being under the
influence of alcohol or drugs. Members of Council, employees and volunteers should not jump to
conclusions. If the individual claims to be on medication or to have a medical condition that causes
similar symptoms of being under the influence of alcohol or drugs, they should be offered the
choice of taking vacation days, sick leave or leave without pay. The affected employee or
volunteer should be encouraged to take time off until the medical condition has improved in order
to work safely.
Regardless of the source of impairment, the employee or volunteer should not be permitted to
drive a vehicle. If the employee or volunteer does not agree to going home in a taxi or otherwise,
and there are reasonable grounds to suspect impairment, then the police may be called.
VI.
Agreement For the Continuation of Employment
The Municipality reserves the right to invoke an agreement for the continuation of employment
in accordance with an employee's or volunteer's commitment to become and remain alcohol- and
drug-free. The agreement will outline the conditions governing the employee's or volunteer's
return to the job and the consequences for failing to meet the conditions.
An agreement for the continuation of employment may include a requirement for drug or alcohol
testing.
VII.
Accommodation and Assistance
Nothing in this Policy is meant to detract from the Municipality's duty to accommodate a known
disability to the point of undue hardship, and/or an individual's rights under the Nova Scotia
Human Rights Act. As such, these factors shall be considered in the individualized management
of any disclosed Drug and/or Alcohol Dependency and any decision related to the discipline or
termination of the employment of the employee.
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Any employee who requires accommodation for a Drug and/or Alcohol Dependency has a
responsibility to communicate their need for accommodation, and any medical restrictions or
limitations, to the Municipality in sufficient detail to indicate the type and duration of
accommodation required. Employees, requiring such accommodation must cooperate in the
Municipality's efforts to respond to the request.
If an employee is concerned that they may have a drug and/or alcohol problem, they may choose
to seek help by contacting the Employee and Family Assistance Program (EFAP) or by contacting
Human Resources to discuss resources and options available.
Municipal supervisors are expected to maintain the privacy of any employee or volunteer
suspected of impairment on the job. Details of all incidents shall remain confidential and be
shared only with the Supervisor, Director, Human Resources Generalist and the CAO.
The Municipality recognizes that addictions are an illness and commits to taking reasonable action
in supporting individuals suffering from addictions with their recovery and return to work.
The Municipality is not able to diagnose an employee with a Drug and/or Alcohol Dependency,
but instead, this is the responsibility of a medical professional. Employees suspected of a Drug
and/or Alcohol Dependency will be directed to the appropriate health care professionals for
assistance.
If it is revealed that the impaired employee has a Drug and/or Alcohol Dependency, management
shall make appropriate accommodations as recommended and respect the privacy and
confidentiality of the employee throughout the accommodation process.
VIII.
Disciplinary Action
Employees may be subject to disciplinary action up to and including termination for failure to
adhere to the provisions of this policy, including but not limited to:
a.
Failure to meet prescribed safety standards because of impairment from alcohol or
drugs; and
b.
Engaging in illegal activities (for example, selling drugs or alcohol while on municipal
property or conducting municipal business).
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PART 10 - Accommodation, Equity and Accessibility
The Municipality is committed to providing an inclusive, safe and supportive work environment
that values diversity, is free from discrimination and provides an equal opportunity for all
employees to participate and succeed. We aim to ensure that every individual working for the
Municipality can effectively use their skills and experience to contribute in the workplace.
To ensure that persons who are otherwise able to work, are not unfairly excluded from doing so
based on discriminatory barriers, the Municipality will make every reasonable effort to
accommodate the needs of its employees in accordance with its obligations under applicable
provincial and federal human rights legislation.
In general terms, workplace accommodation provides temporary or permanent solutions to
eliminate discriminatory barriers that prevent employees from performing or fulfilling the
essential duties of their jobs. It applies to documented medical, religion and/or family status
needs as well as all other grounds protected under applicable human rights legislation.
I.
Obligations
The Municipality is committed to responding to accommodation requests in a timely, confidential
and sensitive manner. Accommodation is a shared responsibility between employees, Supervisors
and the Municipality. Employees are expected to cooperate with the Municipality in the search
for and implementation of reasonable accommodation.
The Municipality is responsible for:
- Working towards eliminating barriers that prevent employees from accessing or being
included in the workplace on the basis of discriminatory barrier(s).
- Working towards ensuring that employees are advised of their right to seek
accommodation based on discriminatory barriers.
- Dealing with requests for accommodation in a timely and sensitive manner.
- Maintaining the employee's or job applicant's privacy, to the extent possible by treating
accommodation requests as confidential.
- Identifying suitable accommodations.
- Providing individual accommodation, to the point of undue hardship.
- Providing the employee with a copy of their individualized accommodation plan.
- Informing the employee of the reasons, if their accommodation request is denied.
- Ensuring that this policy is implemented in the workplace.
Supervisors are responsible for:
- Treating all employees with dignity and respect.
- Initiating discussions about accommodation when they are aware that an employee may
have a need for accommodation but is otherwise unable to articulate that need.
- Dealing with requests for accommodation in a timely, confidential and sensitive manner.
- Advising their subordinates of the information needed to be provided with their request
for accommodation.
- Referring accommodation requests to Human Resources.
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- Participating in discussions of accommodations options with the employee and Human
Resources.
- Working with Human Resources to facilitate the implementation of any accommodation
offered.
- Monitoring any accommodation provided to ensure continued effectiveness.
- Ensuring this policy is implemented in the workplace.
Employees are responsible for:
- Requesting accommodation from the Municipality when needed.
- Helping to identify potential accommodation options.
- Cooperating with the Municipality in the search for and implementation of reasonable
accommodation.
- Providing documentation to support their request for accommodation, including
information about restrictions or limitations.
- Accepting an offer of reasonable accommodation that meets their needs, even if it is not
their preferred accommodation option.
- Providing medical updates, if requested by the Municipality.
- Advising the Municipality if their accommodation needs change or accommodation is no
longer needed.
II.
Process for Requesting Accommodation
The need for accommodation may be identified through a request by an employee or through an
observation by a supervisor that it is reasonably apparent that an employee has one or more
discriminatory barrier(s) that are interfering with their job duties.
Employees who believe that they require accommodation due to disability are responsible for
requesting accommodation from their supervisor and the Human Resources Generalist either
orally or in writing. The Municipality encourages employees to make their request in writing and
to include relevant information, such as:
- A description of the accommodation that is being sought.
- The reason accommodation is needed.
- How the requested accommodation will assist in performance of job functions.
In scenarios where an employee has not requested accommodation, but it is reasonably apparent
that the employee may have one or more discriminatory barrier(s) that require accommodation,
the employee's supervisor may approach the employee to determine whether the employee
wishes to request accommodation under this policy.
If the employee makes a verbal request for accommodation, their supervisor and the Human
Resources Generalist will document the request, including the employee's name, position and
date of the request, as well as any details and accommodation options suggested by the
employee.
The Municipality may require more information related to the employee's accommodation
request, including provision of a note from the employee's doctor, if any of the following apply:
- The employee's discriminatory barrier(s) are not obvious.
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- The accommodation request does not clearly indicate a need related to one or more
discriminatory barrier(s).
- More information on the employee's limitations or restrictions is needed to determine an
appropriate accommodation.
- There is an objective reason to question the legitimacy of the employee's request for
accommodation.
Failure to respond to such requests for information may delay the provision of accommodation.
Where there is reason to question the adequacy or reliability of the information provided by the
employee's physician, the Municipality may require the employee to attend an independent
medical examination at a health care professional of the Municipality's choosing, at the
Municipality's expense.
III.
Response to Accommodation Requests
Accommodations are individualized to reflect the employee's specific needs and circumstances,
short of causing undue hardship to the Municipality. The employee's accommodation preferences
will be considered but are not determinative.
Examples of possible accommodation solutions may include:
- Modifying the employee's work location, work schedule and/or workplace.
- Creating a gradual return to work plan.
- Modifying the way that the employee's work is performed.
- Providing assistive devices for performing work tasks.
- Modifying equipment that is used by the employee.
- Providing information in accessible formats.
The CAO will approve accommodation requests on the recommendation of the employee's
Director. Where necessary, temporary accommodation may be provided while longer term
solutions are developed. An employee's accommodation needs or the Municipality's
organizational requirements may change over time and, as such, any accommodation provided
will be monitored and may require adjustments to improve effectiveness or efficiency.
IV.
Privacy and Confidentiality
As with the complaints process under the Respectful Workplace Policy, confidentiality will be
maintained, subject to the needs of the accommodation process. Personal information will only
be disclosed to those with a demonstrated need to know for the purposes of determining or
providing accommodation, as required to take corrective action for violation of this policy, or as
required by law.
V.
No Reprisals
No reprisal or penalty will be taken against a person for requesting for accommodation in good
faith. Any employee who pursues a request for accommodation in bad faith, maliciously or
without a reasonable and probable basis, or engages in a reprisal against an employee for
requesting
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PART 11 Volunteering
I.
Purpose
The Municipality has created this Policy regarding volunteering for the purpose of:
a.
providing staff and volunteers with guidance to ensure a safe, meaningful, and
productive volunteer experience with the Municipality;
b.
recognizing the essential role that volunteers play in building a healthy and vibrant
community;
c.
developing systems and processes that support municipal volunteers and
volunteerism by establishing best practices in the management of volunteers and
minimizing risk to the Municipality and municipal volunteers; and
d.
ensuring volunteers understand their responsibilities and commitments to the
Municipality.
II.
Definitions
In this Policy, unless the context otherwise requires:
a.
"volunteer" means anyone who offers time, energy, and skills of his or her own free
will for the mutual benefit of the volunteer and the organization. Volunteers work
without financial compensation, or the expectation of financial compensation beyond
an agreed-upon reimbursement for expenses.
III.
Guiding Principles
The Municipality encourages citizens to volunteer and contribute their expertise to improve their
communities and will actively promote volunteer opportunities.
The Municipality will provide appropriate mechanisms to support volunteers and commits to
providing a safe and supportive environment for volunteers.
Volunteers act as representatives of the organization and also have responsibilities. Volunteers
make commitments to the Municipality and should act responsibly and with integrity.
Training and supervision is provided to ensure volunteers understand their roles, responsibilities,
and limitations and are able to undertake them in an appropriate and safe manner.
IV.
Policy Statement
The Municipality values volunteers and believes volunteerism:
- promotes citizen involvement, social and community responsibility, participation, and
interaction;
- contributes to a healthy community and a vibrant Municipality; and
- improves the quality of life in the community.
Thus, the Municipality will:
- support volunteers and volunteerism in the Municipality;
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- provide positive, meaningful volunteer experiences for individuals who volunteer with the
Municipality; and
- work with community and voluntary groups in order to strengthen, recognize, and support
volunteerism in the Municipality.
V.
Volunteers
Volunteer applicants will complete an application form and will be evaluated based on
qualifications, suitability, and availability for the role.
The Municipality will interview interested applicants for the position(s) (when applicable).
All volunteer applicants will be notified in writing once the volunteer position has been accepted.
Volunteers may receive training and safety equipment which is specific and appropriate to their
volunteer role.
Criminal record checks will be required for volunteers.
Volunteers will be assigned a municipal supervisor who will supervise and support their
involvement.
Volunteers will follow the Municipality's Occupational Health and Safety Policy, and any other
policies that may apply.
A volunteer shall not disclose personal information of others they may become aware of in the
conduct of their responsibility as a volunteer.
Volunteers will not purchase goods and services on behalf of the Municipality unless expressly
requested to do so.
Volunteers may choose to end their involvement with, or can be asked to end their involvement
with, the Municipality at any time without reason.
VI.
Recognition
Volunteers may be recognized by the Municipality, from time to time, based on the length of time
they have been involved, and the significance of their contribution.
VII.
Insurance Coverage
The Municipality's liability insurance protects both the Municipality and the volunteer against
claims from third parties while the volunteer is performing volunteer activities. This does not
cover loss of, or damage to, the volunteer's property. There is no cost to the volunteer for this
liability insurance.
Except for volunteer fire fighters, volunteers are not authorized to use Municipally owned or
Municipally leased vehicles. The Municipality does not provide auto liability coverage to any
volunteer's personal vehicle driven on behalf of the Municipality during their volunteering duties.
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Schedule "A" - Declaration of Confidentiality
I.
Purpose
The Municipality of the County of Cumberland requires all employees to handle any and all
sensitive business information regarding confidential materials (including any personal
information relating to the employees of the Municipality), gained through the course of their
regular job duties in a confidential and appropriate manner.
Employees of The Municipality of the County of Cumberland are required to keep all confidential
information and relevant knowledge regarding the Municipality confidential both during and after
their term of employment. These practices have been adopted as they have been deemed
essential to the protection of operations and reputation of The Municipality.
II.
Confidentiality Agreement
In working for The Municipality of the County of Cumberland, employees shall not divulge,
disclose, provide or disseminate Confidential Information to any third party not employed by The
Municipality at any time, unless The Municipality gives written authorization. Furthermore,
Confidential Information shall not be used for any purpose other than its reasonable use in the
normal performance of employment duties for The Municipality. Reasonable efforts will be made
to limit access to confidential information to only those who need to know the information and
those persons will be advised that the information is to be kept confidential unless otherwise
stated.
Employees having knowledge of undisclosed Confidential Information regarding The Municipality,
its employees or any third parties are prohibited from disclosing such information.
Employees that are neither official spokespersons nor permanently and/or temporary designated
spokespersons cannot, under any circumstances (including on a "no-names" or "off the record"
basis), respond to inquiries unless specifically asked to do so by an official spokesperson of the
Municipality. All inquiries are to be referred to the Director or CAO.
Acknowledgment and Agreement / Statement of Confidentiality
I, ____________________, acknowledge that I have read and understand the Confidentiality
Agreement of The Municipality of the County of Cumberland. I agree to adhere to this agreement
in its entirety and will ensure that employees working under my direction adhere to this Policy. I
understand that if I violate the rules set forth in the Agreement, I may face legal, punitive, or
corrective action.
Name: ________________________________
Date: ___________________________
Signature: ______________________________
Witness: ________________________