Personnel Policy (Human Resource Policy Employee Handbook)

Yarmouth, Nova Scotia

This is the exact embedded text of the captured official document. Snapshot e97521d1803c · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

1 Town of Yarmouth Human Resource Policy Employee Handbook 2 CONTENTS SECTION 1 - INTRODUCTION .......................................................................................................... 4 1.01 Human Resource Management ............................................................................................... 4 1.02 Equity, Diversity, and Inclusion ................................................................................................ 5 SECTION 2 - EMPLOYEE STATUS ...................................................................................................... 6 2.01 Definition of Employee Status ................................................................................................. 6 SECTION 3 - RECRUITMENT .............................................................................................................. 7 3.01 Recruitment, Selection, and Hiring .......................................................................................... 7 3.02 Employee Interviews ............................................................................................................... 9 3.03 Employment Reference Check ................................................................................................. 9 3.04 Documentation ...................................................................................................................... 10 3.05 Onboarding ............................................................................................................................ 11 3.06 Probationary Period ............................................................................................................... 12 3.07 Notice of Resignations ........................................................................................................... 12 3.08 Terminations .......................................................................................................................... 13 3.09 Offboarding ........................................................................................................................... 14 SECTION 4 - EMPLOYMENT POLICIES ............................................................................................ 15 4.01 Job Descriptions .................................................................................................................... 15 4.02 Personnel Files ....................................................................................................................... 15 4.03 Performance Review .............................................................................................................. 16 4.04 Corrective Action ................................................................................................................... 17 4.05 Joint Occupational Health and Safety .................................................................................... 19 4.06 Training and Professional Development ................................................................................ 21 4.07 Workplace Accommodation .................................................................................................. 23 4.08 Flexible Work Arrangements ................................................................................................. 26 4.09 Inclement Weather and Emergency Closures ....................................................................... 28 4.10 Health & Wellness Policy ....................................................................................................... 29 3 SECTION 5 - STANDARDS OF CONDUCT ........................................................................................ 30 5.01 Employee Code of Conduct ................................................................................................... 30 5.02 Harassment and Violence Free Workplace ............................................................................ 32 5.04 Employee Complaints Process ............................................................................................... 34 5.05 Substance Abuse Prevention ................................................................................................. 36 5.06 Intimate & Personal Relationships Policy ............................................................................... 38 SECTION 6 - WAGES AND SALARIES .............................................................................................. 40 SECTION 7 - BENEFITS ................................................................................................................... 41 7.01 Employee Benefits ................................................................................................................. 41 7.02 Benefits During Leaves .......................................................................................................... 41 7.03 Pension .................................................................................................................................. 43 7.04 Employee Recognition Awards .............................................................................................. 44 7.05 Long Service Awards .............................................................................................................. 44 7.06 Retirement Award ................................................................................................................. 45 SECTION 8 - LEAVES AND ABSCENCES .......................................................................................... 46 8.01 Vacations ............................................................................................................................... 46 8.02 Holidays ................................................................................................................................. 47 8.03 Personal Days ........................................................................................................................ 47 8.04 Wellness Day ......................................................................................................................... 48 8.05 Bereavement Leave ............................................................................................................... 48 8.06 Pregnancy, Parental and Guardian Leave............................................................................... 49 8.07 Sick Leave .............................................................................................................................. 50 8.08 Other Absences ..................................................................................................................... 51 SECTION 9 - EMPLOYEE RECEIPT ................................................................................................... 53 9.01 Employee Receipt .................................................................................................................. 53 4 SECTION 1 - INTRODUCTION 1.01 Human Resource Management Policy Statement It shall be the policy of the Town of Yarmouth to develop, implement and maintain comprehensive Human Resource Management Policies and Procedures. Objective 1. To promote understanding of the terms and conditions, the requirements and rules governing the employees of the Town of Yarmouth. 2. To ensure consistent, fair, and equitable treatment of all employees in all departments by the consistent application of these policies and procedures. 3. To ensure that human resource policies will be updated on an ongoing basis in order to reflect changes in society, legislation, and economic circumstances. 4. To outline responsibilities and working relationships throughout the Town of Yarmouth. Details 5. The Chief Administrative Officer (or designate) will: a. Have overall responsibility for the consistent application and interpretation of the Human Resource Policies. b. Develop and maintain a comprehensive human resource policy manual and supporting procedures which will serve as the official guide in handling human resource management matters. c. Identify necessary revisions to the human resource polices and in consultation with other managerial staff, make recommendations for changes or additions. d. Ensure the implementation and application of the Town of Yarmouth human resource policies and establish a method which will facilitate employee awareness and understanding of approved policies. 6. Management staff and all other Town of Yarmouth employees will: a. Develop a good working knowledge of the human Resource policies and procedures. b. Apply these policies and procedures in an equitable and fair manner. c. Encourage awareness of the Town of Yarmouth human resource policies and procedures. 7. General Provisions a. If clarification of a policy or procedure is required, staff shall seek clarification from their immediate supervisor. 5 b. The policies set forth in this manual shall be consistent with federal and provincial law and with the policies and bylaws of the Town of Yarmouth. c. If any policy or procedure in this manual is in conflict with a Town of Yarmouth collective agreement, provincial, or federal law, the applicable law or collective agreement will take precedent. 8. Authority a. Municipal Government Act provides that: i. Section 47 (1) - Council shall make decisions in the exercise of its power and duties by resolution, by policy or bylaw. ii. Section 48 (3) - In addition to matters specified in this Act or another Act of the Legislature, the council may adopt policies on any matter that the council considers conducive to the effective management of the municipality. 1.02 Equity, Diversity, and Inclusion This page is intentionally left blank. 6 SECTION 2 - EMPLOYEE STATUS 2.01 Definition of Employee Status Definitions 1. Employee is a person who regularly works for the Town of Yarmouth, receiving a wage or salary. "Employee" may include full-time, part-time, casual, permanent, seasonal, or temporary persons. 2. Full-time is a position which requires the incumbent to work thirty (30) or more hours per week. Full-time positions do not have an intended end date or term length. 3. Part-time is a position which requires the incumbent to work less than thirty (30) hours per week. Regular Part-time positions do not have an intended end date or term length. 4. Casual positions are those that fill a short-term absence or to deal with a short-term increase in work. Hours of work and schedule can vary. 5. Permanent is a position that has no pre-determined end date. 6. Seasonal is a position that is only available at certain times during the calendar year. Seasonal employees may be subject to regular re-call. Positions can be full time or part time. 7. Temporary positions may be full-time or part-time but have an intended start and end date or term length. 7 SECTION 3 - RECRUITMENT 3.01 Recruitment, Selection, and Hiring Policy Statement The Town of Yarmouth is committed to a recruitment process that is thorough and dedicated to filling all positions with the best suited and qualified candidate while maintaining an inclusive recruitment and selection process. Objectives 1. To establish clear recruitment practices and procedures. 2. To ensure equitable treatment and consideration of all applicants during the interview process. 3. Comply with relevant legislation concerning human rights, employment, and labour relations. 4. Hire and promote individuals based on appropriate combination of applicable training, education, experience, and ability. 5. To outline the responsibilities and authorities during the recruitment and selection process. Details Authority for Hiring Processes 6. Management employees, in consultation with the Chief Administrative Officer, will determine if vacant or new positions will be filled and initiate the process with the Human Resource Coordinator. 7. Management employees or their designate are responsible to carry out the staff recruitment within their respective departments with the support of the Human Resource Coordinator. Recruitment Procedure 8. Authorization to recruit must be obtained from the CAO prior to commencing the recruitment process. 9. The management employee shall create, review or revise the job description with support from the Human Resource Coordinator, to reflect the scope and responsibilities of the position prior to advertising the vacancy. Job Postings 10. Job postings shall be open for a period of no less than two (2) weeks. 11. Current Town of Yarmouth employees may apply for or be offered a promotion for permanent or temporary vacancies. 8 12. Executive search or placement consultant firms may be used. 13. Advertised vacancies shall include: a. Job title, position duties, responsibilities, and minimum requirements. b. Conditions of employment (i.e. length of employment, hours of work, location) c. Specific qualification and experience, both academic and professional, required for the position. d. The Town statement of "The Town of Yarmouth is an equal opportunity employer and we welcome applications from Indigenous People, African Nova Scotian's and other racially visible people, persons with disabilities, members of the LGBTQ+ community, and women in occupations or positions where they are under-represented are encouraged to apply for all positions. e. The Town statement "During the recruitment process, applicants have the right and are encouraged to request an accommodation should they need." 14. Advertised vacancies may include a job impact statement. 15. Vacancy notices shall be posted in areas that may include the job opportunities section of the Town of Yarmouth website, social media platforms or other identified outlets to ensure wide distribution of the vacancy. 16. Postings are not required to include a closing date. Screening Process 17. The Management employee and Human Resource Coordinator, at minimum, shall be the Interview committee. 18. The Interview committee shall review all applications and independently short list the most qualified candidates using an established shorting listing template. 19. The screening process may include the following: a. Development of a scoring matrix of established job requirements for each applicant. b. Assessment of whether the applications meet the minimum education and/or established equivalent experience requirements. 20. When possible, a minimum of three candidates will be interviewed. Selection and Communication Process 21. Only those contacted for an interview will be notified and will receive further correspondence. 22. Interviews shall be scheduled by the Human Resource Coordinator or designate for all positions. 23. The Human Resource Coordinator will notify the successful applicant by phone or email to make an offer of employment. A written letter of offer will follow and be provided to the applicant. 9 24. No new employee is permitted to begin employment until they have returned a signed copy of their employment contract. 3.02 Employee Interviews Policy Statement It shall be the policy of the Town of Yarmouth to ensure that interviews during the recruitment process for any position are carried out in a fair, equitable, and consistent manner. Objectives 1. To establish guidelines for conducting job interviews. 2. To ensure equitable treatment of all applicants during the interview process. Details 3. The following details shall be provided to the candidate at the time of scheduling the interview: a. Position title they are interviewing for b. Location and time of interview c. Approximate length of interview d. Name and position of interview committee e. Any special materials they may need to bring with them 4. Generally, the interview questions should address the following information about the candidate: a. Educational background and achievements b. Training, including attainment of specific skills or qualifications c. Experience and familiarity with similar duties required for the position d. Communication skills, both written and spoken e. The fitness requirements needed to meet the physical demands of the position f. Job-related personal qualities that align with the requirements for the position 5. Each member of the interview committee will conduct and score each interview in a consistent and fair manner. The weighting of each question may vary depending on the particular job and should be consistent for all interviews for a specific vacancy. 6. The interviewer(s) should use the Evaluation of Candidate Form to record scoring for each candidate that is interviewed. 3.03 Employment Reference Check Policy Statement It shall be the policy of the Town of Yarmouth to obtain reference checks during recruitment processes in an equitable, consistent, and appropriate manner. 10 Objectives 1. To establish guidelines for obtaining reference checks on potential employees. Details 2. Reference checks must be completed for candidates still under consideration following interviews. Reference checks will be made by the Human Resource Coordinator or designate before any formal offer is made. 3. Candidates must provide at least two (2) references. Where possible, references should include a work-related reference from a current or former supervisor. 4. Reference checks for returning seasonal or temporary workers may be waived with the Management employee's approval. 5. Permission from an internal candidate is not required to check internal references, including current or previous managers/supervisors. 6. If reference checks are being completed on more than one candidate, questions in each reference check shall be identical. 7. Reference checks will normally be made by phone but may also be completed in writing using the Reference Check Guide. 3.04 Documentation Policy Statement It shall be the policy of the Town of Yarmouth to ensure proper documentation is obtained as a condition of employment. Details 1. A candidate may be required to provide documentation as a condition of employment. This may include, but are not limited to: a. Satisfactory criminal background check b. A vulnerable sector check c. A child abuse registry check d. Driver's Abstract 2. The above documentation should be dated no earlier than thirty (30) days before the date it is provided to the Town of Yarmouth. 3. All documentation is to be obtained by the candidate, and any costs associated will belong to the candidate. 11 4. A failure to provide any of the required documentation, may result in the revocation of an offer of employment. 5. The Human Resource Coordinator is responsible for ensuring that the interview file is established and maintained in accordance with the Personnel Files Policy 4.02. The file should include a copy of the job posting, any correspondence sent to unsuccessful candidate, all completed Evaluation of Candidate Forms and Reference Check Forms, and any additional related materials. 6. All documentation related to successful candidate should be transferred or copied to the new employee's file upon acceptance of employment. 3.05 Onboarding Policy Statement It is the policy of the Town of Yarmouth to support new employees' integration and onboarding into the organization. Our goal is to foster a sense of belonging and pride in being an employee of the Town of Yarmouth. Objectives 1. Provide an overview of municipal government and the departments within the Town of Yarmouth. 2. Familiarize new employees with the Town of Yarmouth overall policies and procedures. 3. Familiarize new employees with their departmental specific duties, responsibilities, and procedures. 4. Acquaint new employees with the physical location and facilities of the Town of Yarmouth and other staff members, particularly as they pertain to the performance and duties of the new employee. Details 5. Management employees or their designate will: a. Develop an outline of initial training for their new employees. b. Provide the operational regulations, policies and procedures. c. Review the relevant goals and objectives of the Town as a whole and the Department within which the new employee will work. d. Review the requirements of the position being filled and the details of the job description. e. Ensure the Onboarding Checklist is completed and provided to Human Resource Coordinator. 6. Human Resource Coordinator will: a. Orientate the employee to those services offered to employees. b. Provide the management employee with the job description. c. Ensure employee has been enrolled in all payroll and benefits programs. 12 3.06 Probationary Period Policy Statement It shall be the policy of the Town of Yarmouth to provide new employees with a probationary period to allow Management employees time to adequately assess a new employee's performance and suitability to the role. Details 1. A probationary period of six (6) months shall be in place for all new employees, transfers, and promotions. 2. The probationary period will begin on the first day of work or first day in the new position. 3. The probationary period may be waived for internal transfers or promotions at the discretion of the Chief Administrative Officer. 4. During the probationary period the Management employee documents an ongoing assessment of the employee's strengths and weaknesses, ability to perform the job and ability to achieve the goals and objectives of the role. 5. If an employee does not successfully complete the probationary period, the Management employee may: a. Extend the probationary period in writing with the approval of the CAO. b. Terminate the employment contract. 6. Upon successful completion of the probationary period the Management employee is responsible to notify the Human Resource Coordinator and employee, in writing.. 3.07 Notice of Resignations Policy Statement It shall be the policy of the Town of Yarmouth to follow a resignation procedure in accordance with the Nova Scotia Labour Standards Code. Details 1. Employees shall give, at minimum, the following notice of resignation: a. One week's notice if employment period is between three months and two years. b. Two weeks notice if employment period is more than two years. 2. Notice of resignation must be done in writing and delivered to the management employee. 3. Employees in senior positions or positions that are difficult to recruit are encouraged to give as much notice of resignation as possible. 13 4. The supervisor shall notify the Human Resource Coordinator of the resignation to initiate the offboarding procedure. 3.08 Terminations Policy Statement It shall be the policy of the Town of Yarmouth to ensure standardized procedures and processes are followed between an employee and the Town of Yarmouth when an employee is terminated. Details 1. Termination of employment with the Town of Yarmouth includes: a. Expiration or completion of a contract; or b. Dismissal. 2. Dismissal from employment may be made for, but not limited to: a. Elimination of position due to organizational need, which may include, but is not limited to: i. Financial conditional of the Town of Yarmouth ii. Organizational or departmental restructuring b. Significant reduction in workload. c. Any reason set out in the Corrective Action Policy. 3. In the case of the expiration or completion of a contract, if the employee is not informed of an end date in the offer of employment, the Town of Yarmouth shall provide, at minimum, the required written notice outlined in the Nova Scotia Labour Standards Code. 4. In cases of dismissals, the appropriate Management employee or designate shall inform the Human Resource Coordinator prior to the decision of dismissal. This shall include: a. The actions/behaviours of the employee that have caused a recommendation to terminate employment. b. Documentation from the Corrective Actions taken to correct employee behaviour per policy 4.04. c. Relevant information from the employee's personnel file. d. Alternatives to dismissal that have been considered/attempted. 5. The final decision to dismiss an employee shall be made by the employee's Management employee and the Chief Administrative Officer. 6. Notice of dismissal will be provided in writing. 7. Upon delivery or receipt of written termination of employment, the Offboarding Process per Offboarding Policy 3.09 shall commence. 14 8. Written notification of termination of any type shall be filed in the appropriate personnel file. 3.09 Offboarding Policy Statement It shall be the policy of the Town of Yarmouth to have a consistent process that leads to the formal separation between an employee and the Town of Yarmouth at the time of resignation or termination. Objectives 1. To ensure a smooth and organized transition for employees who have resigned or have been terminated. 2. To outline the procedures to follow in the offboarding process. Details Resignation 3. Once notification of resignation is received, the Human Resource Coordinator shall schedule an exit interview. 4. The exit interview shall be conducted to gather feedback on the employee's experience, reason for leaving, and suggestions for improvement. 5. The Management employee shall inform staff of the departure and ensure all responsibilities are reassigned. 6. Management employees shall ensure that employees return all Town owned property on or before their last working day and advise the Human Resource Coordinator when received. 7. The Human Resource Coordinator shall complete the offboarding checklist and once complete, will process final compensation. Terminations 8. Once the employee is notified of dismissal, they will be required to return all Town owned property immediately. 9. The Management employee will inform staff of the departure and reassign responsibilities. 15 SECTION 4 - EMPLOYMENT POLICIES 4.01 Job Descriptions Policy Statement The Town of Yarmouth wishes to promote a clear, mutual understanding between the employee and the employer with the duties and responsibilities of all positions. A job description for each position will be developed and maintained through annual reviews. Objectives 1. The objectives of the job description policy are to: a. Identify the responsibility and duties of each employee b. Promote a clear understanding of expectations between the employee and employer c. Provide a basic source of information for other personnel functions including recruitment, training, performance, appraisal, and compensation d. Allow Management employees the opportunity to review the allocation of duties and responsibilities among the different positions in the Town Details 2. Each employee shall, on or before commencement of employment, be provided with a copy of their job description. 3. Every job description shall be reviewed and updated during an employee's annual performance review or as part of a recruitment process. 4. Each job description shall include the following: a. Job Title b. Minimum qualifications c. Responsibilities d. Duties 4.02 Personnel Files Policy Statement It shall be the policy of the Town of Yarmouth to establish and maintain a personnel file for each employee ensuring a confidential record of employment history. Details 1. Personnel records shall be contained in a locked cabinet and/or electronically in a restricted folder. 2. All information contained in the personnel file for active and former employees is confidential. Access to Files 3. Access to personnel files shall be restricted to the following: 16 a. Chief Administrative Officer b. Human Resource Coordinator c. Management employees for employees under their supervision 4. The above-mentioned people shall only access personnel records for occupational required tasks. 5. Employees may request access to their own files. a. Requests shall be made to the Human Resource Coordinator a minimum of two (2) full working days in advance. b. Files shall be viewed in a private area with the Human Resource Coordinator or the appropriate Management employee. c. Files shall be immediately returned to the secure storage location once viewing is complete. 6. No employee may alter, remove, copy, or photograph any document in their personnel file unless authorized by the Human Resource Coordinator or Chief Administrative Officer. 4.03 Performance Review Policy Statement It shall be the policy of the Town of Yarmouth to ensure that staff are provided with timely and effective feedback on their performance by formal and informal performance reviews. Objectives 1. To clearly define and communicate the formal and informal performance review process. 2. To ensure a logical and clear approach is followed when conducting annual performance reviews. 3. That job-related skills, knowledge, and behaviours are consistently evaluated and scheduled compensation is considered. Details 4. During the first year of employment, new full-time and part-time staff shall have at minimum two (2) formal performance reviews. First, at the end of the probationary period and a review at the one-year anniversary of employment. 5. After staff have completed one year of employment, performance reviews shall occur annually thereafter. 6. Annual performance reviews shall be completed by March 31st each year. Responsibilities 7. The Human Resource Coordinator shall: 17 a. Oversee the implementation and maintenance of Performance Review Policy 4.03 throughout the Town of Yarmouth, with the assistance of, and in consultation with Management employees and any other appropriate staff. b. Monitor the effectiveness of the performance review process and recommend any necessary changes to the Chief Administrative Officer. 8. Management employees or designate shall: a. Administer and coordinate performance reviews within their respective departments. b. Provide a report of necessary follow up actions to the Human Resource Coordinator and Chief Administrative Officer resulting from the performance review. c. Provide all original copies of performance review documentation to the Human Resource Coordinator for filing in staff personnel files. d. Notify staff and provide clarification on any changes to this policy. e. It is the responsibility of Management employees to set reasonable performance goals, standards, and deadlines with employees in a clear and timely manner. 4.04 Corrective Action Policy Statement It shall be the policy of the Town of Yarmouth to establish a system of policies and procedures that will address any disorderly conduct of staff and the fair and consistent treatment of all employees. Objectives 1. Encourage good employee/employer relations by providing fair and consistent treatment of all employees throughout the organization. 2. Ensure that employees are aware of their obligations and the consequences of violating those policies. 3. Ensure that employee misconduct is dealt with in an appropriate manner. Procedure 4. Corrective Action addresses staffing issues in the following categories: a. Attendance b. Conduct c. Health and safety d. Performance 5. Corrective Action processes should follow these steps: a. Coaching (informal corrective action) b. Verbal warning (formal) c. First written warning (formal) d. Final written warning with possible suspension e. Termination of employment 18 6. The Town of Yarmouth reserves the right to skip any and all of the five-step corrective action process depending on the severity of the offence. Corrective action addressing conduct and/or health and safety are deemed to be more severe offences. 7. All categories in section 4 shall be treated jointly in the corrective action process. Disciplinary issues shall be deemed consecutive and not concurrent. Coaching 8. Coaching is a documented process that offers the employee an opportunity to correct an issue before starting the formal corrective action process. Depending on the nature and severity of the issue or concern, this step may be skipped. 9. Coaching may include training and professional development. 10. It is the responsibility of the Management employee in cooperation with the Human Resource Coordinator to deliver coaching. Formal Warnings 11. It is the responsibility of the Management employee in consultation with the Human Resource Coordinator to deliver warnings. Impact of a Written Corrective Action Warning 12. Any written warning will stay in the employee's personnel file for 2 years from the last offense. After that time, the record will be cleared. 13. Any employee with a written warning will not be eligible for any salary step increment for that year. 14. Depending on the offense, they may be required to take training. Investigation and Documentation 15. All alleged violations to the categories outlined in section 4, shall be investigated and documented by the Management employee and Human Resource Coordinator. All formal measures taken within the corrective action process shall be documented and forwarded to Human Resource Coordinator for filing in the employee's personnel file. Administrative Leave Pending Investigation 16. If an employee is placed on administrative leave pending investigation, the employee will be notified of the decision verbally and/or in writing. The written notification shall include information on the allegations and allow the employee an opportunity to respond. 17. An employee may be placed on administrative leave arising from conduct taking place outside of work. 19 18. During the leave period, the employee must ensure they are available for interviews or recall to work within 24 hours. If the employee fails to make themselves available, the Town will proceed with the investigation and make a determination based on the information available. 19. Administrative leave pending investigation is intended to allow the Town time to examine issues thoroughly and to determine appropriate action. During this administrative leave and pending investigation, the employee shall be compensated at their regular rate of pay. 20. Any employee placed on administrative leave pending investigation shall not access their Town of Yarmouth email or return to the workplace unless instructed. Depending on the severity of the incident, any employee placed on administrative leave pending investigation may be asked to return any town property in their possession including keys, identification, phones, vehicles, and credit cards. 21. Employees placed on administrative leave pending investigation shall not have any work-related contact with any other town staff other than their designated town point of contact. Termination of Employment 22. The final stage of corrective action is termination of employment. Termination of employment with the Town may occur following an employee committing violations of town policy and practices, after the steps of corrective action have been taken, or immediately following a severe violation. Final decision on termination of employment shall be made by the Chief Administrative Officer. Repeal 23. On the effective date of the policy, Discipline Policy, November 1st, 1995, is repealed. 4.05 Joint Occupational Health and Safety Policy Statement It shall be the policy of the Town of Yarmouth to ensure that the health and safety of all town employees are considered in all aspects of its operation. Objectives 1. Ensure that town employees are working in a safe and healthy working environment. 2. Ensure that employees are aware of the procedures and responsibilities regarding health and safety policies. Definitions 3. For the purpose of this policy, the following definitions shall apply: a. Hygiene - those matters which deal with the minimization of occupational exposure to chemicals or physical stress. b. Occupational health - those matters which deal with the relationship between an employee's health and their occupation. 20 c. Safety - those activities involved in minimizing the risk of injury to an employee. Details Responsibilities of the Joint Occupational Health & Safety (JOHS) Committee 4. The committee is responsible to engage employers and employees together in occupational health and safety in the workplace, which includes but is not limited to: a. identification of hazards to health and safety and effective systems to respond to the hazards; b. auditing of compliance with health and safety requirements in the workplace; c. receipt, investigation and prompt disposition of matters and complaints with respect to workplace health and safety; d. participation in inspections, inquiries and investigations concerning the occupational health and safety of the employees and, includes an inspection referred to in Section 50 of the Occupational Health and Safety Act; e. advising on individual protective devices, equipment and clothing that, complying with this Act and the regulations, are best adapted to the needs of the employees; f. advising the employer regarding a policy or program required pursuant to the Occupational Health and Safety Act and making recommendations for the improvement of the health and safety of persons at the workplace; g. maintaining records and minutes of committee meetings in a form and manner approved by the Management employee and providing an officer with a copy of these records or minutes on request; and h. performing any other duties assigned i. by the Management employee; ii. by agreement between the employer and the employees or the union; or iii. that as are established by the regulations. 1996, c. 7, s. 31. Responsibilities of the Employer 5. The Employer will: a. ensure the health and safety of persons at or near the workplace; b. provide and maintain equipment, machines, materials or things that are properly equipped with safety devices; c. provide information, instruction, training, supervision and facilities that are necessary for the health and safety of the employees; d. ensure that the employees, particularly management, are made familiar with any health or safety hazards that may be met by them at the workplace; e. ensure that the employees are made familiar with the proper use of all devices, equipment and clothing required for their protection; f. conduct undertakings in a manner that employees are not exposed to health or safety hazards as a result of the undertaking; g. consult and co-operate with the Joint Occupational Health and Safety Committee; 21 h. co-operate with any Department of Labour Inspector while performing investigations, inspections or other duties as prescribed under the Occupational Health and Safety Act or the regulations; i. provide additional training of committee members as may be prescribed by the regulations; and j. comply with the Occupational Health and Safety Act and regulations and ensure that employees at the workplace comply with the Act and the regulations. Responsibilities of Management 6. Management will: a. be trained and held responsible for ensuring that the employees under their supervision follow this policy, use safe work practices and receive appropriate training; b. have a general responsibility for ensuring the safety of equipment and facility; and c. co-operate with the Joint Occupational Health and Safety Committee, and employees to create a healthy and safe work environment. Co-operation should also be extended to others such as contractors, owners, officers, etc. Responsibilities of Employees 7. Employees will: a. be required to support this organization's health and safety initiative and engage with other occupational health and safety committees, representatives or regulatory agencies. b. report to the Supervisor or Department Head, any hazardous conditions, injury, accident or illness related to the work place. c. protect their health and safety by complying with applicable Acts and Regulations and follow policies, procedures, rules and instructions as prescribed by the Town or its representatives. d. be required to use safety equipment, clothing, devices and materials for personal protection. e. play an active role in identifying hazards and offer suggestions or ideas to improve the health and safety program. Repeal 8. On the effective date of the policy, Occupational Health and Safety Policy, March 9th, 2000, is repealed. 4.06 Training and Professional Development Policy Statement It shall be the policy of the Town of Yarmouth to promote a culture within the organization that recognizes the importance of training and professional development for all employees. Objectives 22 1. Support the continued development of skills and abilities of Town of Yarmouth employees so they are capable of initiating and utilizing the most appropriate modern practices and techniques to improve overall productivity, efficiency, and safety. 2. Provide a consistent and equitable method of meeting the training, development, and professional needs of employees in accordance with Town requirements. 3. Provide appropriate cross-training of staff to ensure business continuity. Details 4. Employees may either: a. Be required by the Town to participate in training, or b. Request to participate in training with, or without, the assistance of the Town of Yarmouth. 5. All employees who are requesting training and development will provide a detailed description of content to their management employee. 6. Approval for participation must be obtained prior to enrolment in the program where financial assistance or time off is being requested of the Town of Yarmouth. 7. The management employee has the authority to grant approval for requests that are within the approved budget for the current fiscal year. 8. Any requests for training and development that exceed the current fiscal year and/or exceed budget shall need approval from the Chief Administrative Officer. 9. Consideration for approval for training may be based on, but not limited to: a. Budget b. Impact on work c. Relevance d. Succession Planning Considerations 10. If financial assistance is granted, the amount will be specified and will be based upon the management employee's assessment of relative costs and benefits to the Town. This assessment shall be done in cooperation with the Human Resource Coordinator. 11. The employee and management employee shall take all possible measures to minimize disruption to the employee's work performance during training and development. This includes taking measures to minimize educational leave, and measures to minimize course work being done during working hours. 12. Granting educational leave and assistance to any employee is at the discretion of the Chief Administrative Officer. Notwithstanding employee eligibility for training, the Chief Administrative Officer reserves the right to use their absolute discretion in awarding such leave. Return of Service Commitment 23 13. Employees may be required to sign a Return to Service Agreement if financial assistance is over $10,000. 4.07 Workplace Accommodation Policy Statement It shall be the policy of the Town of Yarmouth to provide workplace accommodation to the point of undue hardship to ensure that individuals who are able to work are not discriminated against and excluded from doing so because of a disability, or other protected characteristics. Objectives 1. To provide an understanding of the Town of Yarmouth's obligations and responsibilities required for successful workplace accommodation. 2. To establish standards for consistent application of this policy and its related processes. 3. To provide guidance for all parties involved in workplace accommodation regarding rights, roles, and responsibilities. 4. To ensure that each person who requires workplace accommodation is considered and all applications are evaluated individually in accordance with Nova Scotia Human Rights Act and other applicable legislation. Details Definitions 5. For the purposes of this policy, the following definitions shall apply: a. Accommodation - a temporary, one-off, or ongoing modification to an employee's regular duties, working environment and/or workload to reduce or eliminate barriers to their ability to perform their job duties and participate in the workplace due to a protected characteristic. b. Barrier - a distinction, set out in a policy, practice, structure, or otherwise, that has the effect of imposing burdens, obligations, or disadvantages on an employee, or a class of employees, not imposed upon others or which withholds or limits access to opportunities, benefits, and advantages available to other employees. c. Undue Hardship - occurs when an accommodation would create a substantial and unmanageable workplace burden for the Employer. Undue hardship is assessed on a case-by- case basis, as the facts of each situation are different. Guiding Principles 6. Employees are encouraged to seek an Accommodation when they believe they are experiencing a barrier in their work environment, which may be reduced or eliminated through reasonable accommodation. 24 7. Accommodation requests will be considered with the principles of dignity, individualization, inclusion, and full participation. 8. Employees with an Accommodation Plan will be notified in advance of any changes that could affect the terms of their plan. 9. Workplace accommodations shall be done where possible while maintaining confidentiality and will only disclose personal information when necessary to provide the accommodation or as otherwise permitted by law. 10. Employees and Management share responsibility for planning, implementing, and monitoring accommodations. 11. In more complex requests for workplace accommodation, others may be involved, such as medical practitioners, CAO, Union Representatives, Human Resource Specialist, etc. Request for Accommodation 12. To ensure that Accommodation needs are effectively met, employees are responsible for communicating their need for an Accommodation at the earliest possible opportunity and to participate fully in the process. Employees represented by Unions are encouraged to seek representation as early in the process as possible. 13. A request for Accommodation must be made by completing Form 4.08 Request for Workplace Accommodation and submitting it to the Management employee. 14. Town of Yarmouth recognizes that in situations where town representatives are aware, that there may be a relationship between a protected characteristic and an employee's job performance, there may be a duty on the part of the town to inquire into that possible relationship before making a decision that would affect the person adversely. This includes providing a meaningful opportunity to the employee discuss any issues that may be adversely affecting their work performance, and to discuss the potential need for an accommodation. Assessment 15. Upon receiving a request for an accommodation, the management employee shall forward a copy of the request to the Human Resource Coordinator. 16. The management employee and Human Resource Coordinator will determine whether the request is one of the protected characteristics under the human rights legislation. 17. Where a request for accommodation requires supporting documentation to establish a need for an accommodation and/or to assist in identifying the most appropriate means of accommodating the Employee, the Human Resource Coordinator will: 25 a. Engage with the employee directly to determine what, if any, documentation will be relevant to the request for the accommodation. b. Work with the employee to request and obtain required information from health professionals, and upon receipt of that information, hold it in a secure manner. c. Inform the management employee of the employee's functional limitations and will only share the least amount of personal information with the management employee. 18. The Town may be unable to process a request for accommodation in the absence of required supporting information. 19. Dependant on the type of request made, other Town policies may be engaged. Consultation and Decision 20. In assessing whether an accommodation can be made without imposing undue hardship upon the Town, all relevant factors will be considered including: a. Accommodation sought by employee b. Linkage - whether the proposed Accommodation will have the practical effect on eliminating or reducing the identified barrier c. Safety - whether the proposed Accommodation would pose a safety risk to other individuals or the employee seeking accommodation d. Financial Implications - whether the costs of implementing the accommodation would be prohibitive e. Size and Nature of the Operation - whether the proposed accommodation would be disruptive to the Town f. Adaptability - whether the workforce or facility would be adaptable enough to implement the accommodation g. Provisions of a Collective Agreement - whether the proposed Accommodation would significantly interfere with the rights of other employees under the Collective Agreement h. Impact on Other Employees; and i. Other Possible Accommodations 21. A request for an accommodation will be considered by both the management employee and the Human Resource Coordinator, who will together decide what, if any, accommodation will be provided, and the implementation of the accommodation, while considering the factors outlined in section 20 and any other necessary consultations. 22. Notwithstanding Section 20, an employee is entitled to a reasonable Accommodation although it may not be their preferred accommodation. 23. The management employee will notify the employee of the decision, with justification, in writing to the employee requesting accommodation. 24. Where an accommodation is granted, the notification will specify the proposed accommodation to be provided and will include details around the implementation of the accommodation, the duration, and 26 the frequency of review. This proposal shall be discussed with the employee to refine the proposal to determine the best course of action. 25. Accommodations will be periodically reviewed to determine any necessary adjustments. If the employee's circumstances change in any way that may impact any aspect of an accommodation, they will promptly notify their management employee. The employee will also respond to all inquiries for information from the management and Human Resource Coordinator within five (5) business days. 26. If an employee disagrees with an accommodation decision, they should attempt to resolve it with the Human Resource Coordinator through discussion. 4.08 Flexible Work Arrangements Policy Statement It shall be the policy of the Town of Yarmouth to implement flexible work arrangements for employees while maintaining a high level of service delivery and productivity for the residents of the Town. Objectives 1. To identify flexible work options between the Town of Yarmouth and an employee where both parties agree to voluntary flexible work arrangements. 2. To provide a framework within which flexible work arrangements can be administered. Details 3. Employees with one or more of the following characteristics may be considered: a. Full-time, non-unionized employees b. Good past performance appraisals demonstrating the ability to meet job expectations c. Able to work independently without constant supervision from their management employee d. Strong self-discipline and good time management skills 4. Flexible work arrangements will not dimmish the ability of the Town of Yarmouth to assign responsibility and accountability to individual employees for the provision of services and performance of their duties. 5. Flexible work arrangements do not change the employment contract. Salary, compensation, and benefits do not differ from standard full-time employees. 6. The employee shall work the hours agreed upon and obtain approval from the management employee in advance of working any overtime. 7. The management employee shall maintain open communication, ensure that the employee's hours of work do not fall below the normal work week hours, and discuss with the employee any concerns as they arise. 27 Compressed Work Week 8. A compressed work week may apply to all non-unionized employees of the Town of Yarmouth. Management employees considering implementing a compressed schedule may do so subject to the eligibility, operational requirements, and approval of the Chief Administrative Officer. 9. Different forms of compressed work week schedules may be considered for Town of Yarmouth workplaces depending on operational requirements. 10. Where employees are working a compressed work week, their workplace shall be open to the public for all scheduled work hours. 11. Service to the customer must be maintained. Some services are provided by a single individual. Under a compressed work week, those services must still be available the same number of hours per week. 12. Implementation of a compressed work week will be cost neutral. 13. Employees can apply for the arrangement using the Compressed Work Week Arrangement Proposal Form and shall submit to their management employee for consideration. 14. The management employee will review proposals and consider the operational impacts of approval. 15. Management employees are encouraged to recommend approval to the CAO for employee's requests for compressed work week whenever possible to do so without compromising the organization's service levels. 16. If the proposal is approved, the employee and the management employee shall determine the start date. 17. Compressed work week arrangements shall be initiated on a trial basis and may be discontinued at any time at the request of either the employer or management employee. Units and departments reserve the right to immediately suspend the arrangement in case of unanticipated circumstances regarding employee performance or operational needs. 18. Agreements shall be time-specific with a date for review and reconsideration every two (2) years. Modifications and/or renewals shall be documented appropriately. The original shall be maintained in the employee's personnel file with copies to the employee and management employee. Repeal 19. On the effective date of this policy, "Compressed 4-Day Work Week Policy" is repealed. 28 4.09 Inclement Weather and Emergency Closures Policy Statement It shall be the policy of the Town of Yarmouth to recognize that inclement weather may, at times, limit the availability of staff and hinder operations and services. Objectives 1. To create protocol around Town of Yarmouth facility closures resulting from inclement weather. 2. To assign responsibility for determining closure and cancellations of Town facilities and services. 3. To clarify the responsibilities and expectations of employees in the event there is an inclement weather event. Details 4. The decision to close Town workplaces due to inclement weather shall be made by management employee responsible for that workplace, in consultation with the Chief Administrative Officer. 5. The management employee's decision may be based on a variety of information sources, including, but not limited to: a. Weather reports from Environment Canada b. Accessibility to Town facilities and workplaces c. Reports on road and highway conditions d. Closures of schools and businesses e. Consultation with other Management employees 6. Every effort shall be taken to make a decision regarding closures by 7:00am. 7. When the decision is made to close a workplace before start of business hours due to inclement weather, employees are not required to attend work that day unless their position has been pre- determined to continue working. 8. Employees not required to be at their workplace on the date of a closure will be paid at their normal rate for the period of time they were scheduled to work. 9. Any employee reporting to work during the closure will not be compensated beyond their normal rate. 10. In the event that an employee is unable to arrive to work at their scheduled start time as a result of weather conditions, the employee must make every reasonable effort to call, text, or email their supervisor before their start time to advise of the delay. 11. If an employee is unable to report to work as a result of inclement weather, but the Town workplaces remain open, the employee will be required to take vacation or time in lieu. 29 12. Decisions to close midday, delay opening, or to not open may be communicated via: a. Post on Town of Yarmouth social media platforms and website b. Announcement on local radio 4.10 Health & Wellness Policy Policy Statement It shall be the policy of the Town of Yarmouth to foster a heathy workplace by supporting initiatives that promote physical, mental, and social wellbeing. Objectives 1. To improve the overall health of municipal employees and council. 2. Support employees and council to take ownership of their physical, mental and social well-being by providing opportunities to become actively involved in improving their personal health. Details 3. The Town recognizes that a healthy workforce can decrease absenteeism, reduce sick time, reduce the occurrence of Workers Compensation claims, lower heath insurance costs and improve employee satisfaction and well-being. 4. The Town will implement a Health and Wellness Committee. The Committee will include a member of the Senior Management Team and at least one volunteer from each department of the Town of Yarmouth. a. The Health and Wellness Committee will: i. Assess wellness needs by actively seeking input from employees. ii. Develop a Workplace Wellness Program for employees to support their mental, physical and social wellbeing iii. Areas of focus may include the following: 1. Physical Health - fitness programs, healthy easting, ergonomics' 2. Mental and Emotional Health - EAP, stress management, work-life balance 3. Social Well-being - team building, inclusive environment iv. Submit an annual wellness budget to be approved by Council. v. Administer program funds, subject to the approval of the CAO. 5. Management will support and promote wellness initiatives within their departments. 6. The Health and Wellness Committee will review the program annually to assess the effectiveness and make any necessary adjustments. 30 SECTION 5 - STANDARDS OF CONDUCT 5.01 Employee Code of Conduct Policy Statement It shall be the policy of the Town of Yarmouth to promote and ensure appropriate conduct among staff, and to facilitate the fair and consistent treatment of all employees, Objectives 1. To encourage positive employee/employer relations by providing for the fair and consistent treatment of staff throughout the Town of Yarmouth. 2. To encourage the proper conduct of Town of Yarmouth employees. 3. To ensure that all employees of the Town of Yarmouth are aware of their obligations and the consequences of disregarding those obligations. 4. To ensure that employee misconduct is dealt with in an appropriate manner. Details 5. Town staff's primary objective is to address the needs of the residents of the Town of Yarmouth. They are entrusted with upholding and adhering to Town policies, bylaws and other applicable legislation. Staff must maintain a high standard of ethical morality and conduct to fulfill the roles and responsibilities as public servants. 6. Should a situation arise where a staff member is unsure of how to act during a situation as a Town representative, they should speak to their management employee. Personal Conduct 7. All employees are expected to always maintain a high level of professionalism in the workplace, in public, and online. Professional Conduct 8. Employees shall perform their duties with honesty and integrity in a manner that is helpful, respectful, and courteous. Town Time and Assets 9. Town time and assets are used only for the performance of town duties and as approved by the management employee. Employees are required to care for town assets, including all property, equipment, software, information, materials and time. Gifts and Gratuities 10. Employees shall not provide or receive any gift, benefit, or favour in exchange for special considerations or influence, or where it may be perceived to be in exchange for special treatment. 31 Personal Gain, Benefit, or Favouritism 11. Employees must remove themselves from any decision process that may result in actual or perceived personal gain, favouritism, or benefit. Processes such as awarding of tenders, job opportunities, land sales, and disposal of surplus assets will be carried out impartially - without any advantage or favouritism to themselves or others. Use, Collection, and Disclosure of Information 12. The Town of Yarmouth will use, collect, and disclose information only in accordance with the Nova Scotia Freedom of Information and Protection of Privacy Act, and for the purposes of carrying out town duties. Staff shall only use personal, business, or financial information for the intended purposes. Political Activity 13. Town staff shall not engage in any political activity or electioneering during normal working hours or at a Town of Yarmouth property. This includes canvassing, campaigning, or fundraising that aim to advance an individual's or group's political interests. 14. Should a town employee decide to run for elected office in government, the employee must first seek an unpaid leave of absence for the time period between the day they are nominated to voting day. Should the employee win their seat, it will be understood that the employee has resigned from employment with the town immediately before taking their elected seat. Tobacco Use 15. Employees shall only use tobacco products or vape at designated areas on town properties. Outside Activities 16. Employees take part in a wide range of activities outside of their employment including volunteer activities, self-employment, outside employment and services (either paid or unpaid), on boards, councils, or committees. Employees of the Town of Yarmouth may not engage in outside activity if it: a. Impairs the employee's mental or physical capacity to perform Town duties b. Is likely to cause criticism or embarrassment to the Town c. Requires the employee's attention during official working hours or requires the use of Town time or supplies d. Promotes the use of your title or position with the Town or implies an official Town endorsement of your outside employer's business, service, product, etc. e. Involves working for an employer who is doing business with the Town or is likely to require inspection, permitting, or other regulation or action by the employee's work unit, unless authorized by the Chief Administrative Officer beforehand and under such terms and conditions as the Chief Administrative Officer shall establish from time to time. f. Creates a perceived or real conflict of interest. Disclosure 17. Any disclosure of a conflict of interest or unethical behaviour can be made to the Management employee or Human Resource Coordinator. 32 Penalty 18. Should it be determined by the Human Resource Coordinator that an employee has breached any part of this policy, that employee shall be subject to discipline up to and including termination. 5.02 Harassment and Violence Free Workplace Policy Statement It shall be the policy of the Town of Yarmouth to maintain a healthy, safe, and supportive workplace where all persons are treated with respect and dignity. It is the right of all employees to work in an environment free of harassment, violence, and discrimination. Objectives 1. To set clear guidelines on what constitutes harassment and violence in the workplace at the Town of Yarmouth. Details Harassment 2. Harassment is any unwanted behaviour, physical, verbal, or suggested, that makes a reasonable person feel uncomfortable, humiliated, or mentally distressed and/or is related to any characteristics which are listed as prohibited grounds of discrimination in the Nova Scotia Human Rights Act. 3. Harassment can take many forms and may be directed at an individual or group of individuals and can occur in various types of communication, including face to face exchanges, email, written correspondence, or social media. 4. Examples of harassment include, but are not limited to: a. Written or verbal insults; b. Unwelcome remarks, jokes, or innuendoes; c. Displaying offensive material; d. Inappropriate requests; e. Intimidation, bullying, verbal abuse, or threats; f. Practical jokes which cause awkwardness, embarrassment, or endanger safety; g. Behavior that undermines or sabotages an employee's job performance; h. Actions intended to belittle, demean, or undermine an individual's self-respect or cause emotional or psychological suffering; i. Horseplay, roughhousing, inappropriate touching, or physical assault; or j. Behavior, conduct, comments or activities not directed specifically at an individual, but which nonetheless create a degrading, offensive, or poisoned work environment. 33 5. Harassment does not include: a. Legitimate, reasonable management actions that are part of the normal work function including appropriate direction, delegation, performance management, counselling, or discipline administered by a supervisor; b. Professional debate; c. Attendance management; d. Relationships of mutual consent; e. Stressful events encountered in the performance of legitimate job duties; or f. Occasional disagreements or personality conflicts. 6. Sexual Harassment means: a. Any sexual conduct or a course of comment that is known or ought reasonably to be known as unwelcomed; b. A sexual solicitation or advance made to an individual by another where the other individual is in a position to confer a benefit on, or deny a benefit to, the individual to whom the solicitation or advance is made, where the individual making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or c. A reprisal or threat of reprisal against an individual for rejecting a sexual solicitation or advance. 7. Examples of sexual harassment include, but are not limited to: a. Sexist jokes causing embarrassment or offense, told or carried out after the speaker was told they are embarrassing or offensive, or that are by their nature clearly embarrassing or offensive; b. Unwelcome remarks, jokes, comments, inquiries, or innuendoes about a person's physical appearance, attire, sex, or sexual orientation; c. Leering or other suggestive gestures; d. The display of sexually explicit material; e. Sexually degrading words used to describe a person; f. Practical jokes of a sexual nature, which can cause awkwardness or embarrassment; g. Unwelcomed sexual flirtations, advances, propositions; h. Requests for sexual favours; i. Unwanted touching; and j. A threat to job security or working conditions for refusing to comply with sexual demands by a person in a position of authority. 8. Employees are entitled to work in an environment free from harassment and discrimination that is based on the prohibited grounds under Nova Scotia's Human Right Act, which includes: - Age - Race - Color - Religion - Creed - Ethnic, national, or aboriginal origin - Sex (including pregnancy and pay equity) - Sexual orientation - Physical disability - Mental disability - Family status 34 - Marital status - Source of income - Harassment (including sexual harassment) - Irrational fear of contracting an illness or disease - Political belief, affiliation, or activity - Gender identity - Gender expression - Association with protected groups or individuals 9. Nova Scotia's Human Rights Act prohibits harassment, sexual harassment, and discrimination in the areas of: - Employment - Housing or accommodation - Services and facilities - Purchase or sale of property - Volunteer public service - Publication, broadcasting, or advertisement - Membership in a professional, business, or trades association, or employers' or employees' organization. 10. The Town of Yarmouth has zero-tolerance for, and will take reasonable and necessary steps to ensure, a workplace free from any form of harassment, sexual harassment, or discrimination. 11. Employees should follow the Employee Complaints Process Policy when they encounter inappropriate behaviour in the workplace. 5.04 Employee Complaints Process Policy Statement It shall be the policy of the Town of Yarmouth to have a standardized process for employees to file Human Resource related complaints. Details 1. Complaints related to Human Resource policies can be made through a formal or informal process to ensure a range of options are available to employees and Council members to seek a fair and timely resolution to allegations. Informal Complaint Process 2. If reasonable and safe to do so, employees should attempt to resolve issues informally through discussion before launching a formal complaint. 3. If it is not possible to carry out actions in Section 2, an employee should seek assistance from their Management employee or Human Resource Coordinator. 4. Should a Council member have a complaint regarding the Chief Administrative Officer, this Council member shall discuss the issue with the Mayor for guidance. 35 5. Should a Council member have a complaint regarding an employee, this Council member shall discuss the issue with the Chief Administrative Officer for guidance. 6. Should an employee have a complaint against a Council member, they shall discuss the issue with their Management employee for guidance. 7. If the informal complaint process is not suitable, or the complainant does not receive a suitable result after attempting an informal process, the employee/Councillor can proceed to the formal process. Formal Complaint Process 8. Formal complaints may be filed in writing using the Human Resource Formal Complaint Form. 9. Employee complaints can be submitted to the Human Resource Coordinator or Chief Administrative Officer. 10. Councillor complaints can be submitted to the Mayor or Chief Administrative Officer. 11. Complaints may be made on behalf of a staff member by another staff member where that staff member has witnessed the behaviour in question. Investigations 12. Once the Complaint Form has been received, the CAO will determine whether a formal investigation is warranted based on the nature, severity, and circumstances of the complaint. A formal investigation may be initiated where one or more of the following conditions apply: a. The complaint involves allegations of harassment, discrimination, bullying, or other conduct that may violate applicable legislation or town policies; b. The complaint involves a serious breach of workplace policies, codes of conduct, or ethical standards; c. There is a potential risk to the health, safety, or well-being of employees, Council members, or the public; d. The matter involves a significant power imbalance that would make informal resolution inappropriate; e. Previous informal resolution efforts have been unsuccessful or are deemed unsuitable; f. The complaint involves repeated or ongoing behaviour; or g. The Town determines that the circumstances warrant a formal investigation in order to ensure a fair, thorough, and impartial review. 13. If a formal investigation is warranted, it will require interviewing various witnesses in addition to the complainant(s) and respondent(s). In some cases, the Human Resource Coordinator or Chief Administrative Officer may engage an external third party to assist with the investigation. Because of the nature of this process, the application and details cannot be anonymous, and both the complainant(s) and respondent(s) will be provided with full details of the written complaint. 36 14. Upon the completion of the investigation, the Human Resource Coordinator or Chief Administrative Officer will prepare a report and recommendations with a goal of bringing a resolution to the alleged behaviour. The Human Resource Coordinator will work with the parties involved to determine appropriate actions needed and will communicate the decision to both the complainant(s) and respondent(s). Corrective Action 15. Should the investigation determine that the disrespectful behaviour involves discrimination under the Nova Scotia Human Rights Act, the complaint will be transferred to a formal application of the Corrective Action Policy. 16. Employees are strongly encouraged to bring forth any complaints as soon as possible to ensure any inappropriate behaviour is dealt with immediately. False or Malicious Complaints 17. Any informal or formal complaint found to be false, misleading, or brought forth with malice, may result in the Complainant being subject to Corrective Action per the Corrective Action Policy. Retaliation 18. Any employee who uses retaliation or discrimination against a co-worker or another employee because the person brought forward a complaint, or because the employee acted as a witness, gave a statement, or participated in a complaint resolution process will be considered a breach of this policy. Such breach may result in Corrective Action per the Corrective Action Policy. Records Management 19. All information collected and obtained during an investigation into an alleged breach of this policy shall be held and retained in an employee's personnel file. Only those documents required to be divulged to other parties to settle a complaint will be shared. 5.05 Substance Abuse Prevention Policy Statement It shall be the policy of the Town of Yarmouth to have standard guidelines for various types of substance induced impairment by employees. Objectives 1. To enable the Town of Yarmouth to promptly and effectively address concerns of inappropriate substance use by Town employees. 2. To provide guidelines for employees to address substance abuse and provide assistance in a non- discriminatory manner while considering the organizational priorities of the Town. Details 37 3. For the purposes of this policy, the following definitions apply: a. Fit for Duty - reporting for work and being able to perform assigned tasks and duties effectively and not being under the influence of any substance that causes impairment or that adversely affects the employee's ability to perform duties in a safe and responsible way throughout their entire work shift. b. Impairment - a decreased mental or physical ability or awareness that can lead to the partial or complete loss of ability to perform work tasks safely and effectively. c. Substance - anything taken to change the way the body and/or mind function, impacting one's fitness for duty, which may include: i. Prescription drugs, which have been obtained without valid prescription, or are being taking not in accordance with a prescription. ii. Over the counter drugs that have been taken not as directed that have impacted an employee's fitness for duty. iii. Illegal drugs iv. Other substances, including alcohol and cannabis that cause impairment or intoxication. 4. Employees are expected to be fit for duty when reporting to work and remain fit for duty for the duration of the working day. 5. Employees must inform their Management employee without delay before commencing or continuing a duty if becoming unfit for duty. 6. Should an employee suspect another of impairment during regular business hours, the employee shall: a. Immediately report this to the appropriate management employee b. Make every reasonable effort to uphold workplace and personal safety. 7. In the event a management employee suspects an employee of impairment during regular business hours, the management employee shall: a. Confidentially and discretely meet with the employee and ask them to leave the work site for the remainder of the day b. Arrange for transportation when necessary c. Not discuss performance or discipline while the employee is impaired d. Document the incident and contact Human Resource Coordinator as soon as possible to report the incident e. Participate in planning and facilitating the employee's return to work and any corrective action measures to be taken. 8. Employees who have been sent home due to suspected impairment are expected to return to work for their next scheduled shift unless medically unable as supported with medical documentation. 38 5.06 Intimate & Personal Relationships Policy Policy Statement It shall be the policy of the Town of Yarmouth to provide guidelines for employees who have a personal or intimate relationship or considering entering an intimate relationship with a colleague, supervisor, or subordinate. Objectives 1. To prevent conflicts of interest, maintain professionalism, and ensure that the work environment remains respectful, fair, and free from discrimination or favoritism. Details 2. This policy applies to all employees and volunteers of the Town of Yarmouth regardless of their position or department. 3. An "intimate relationship" refers to a consensual, romantic, or sexual relationship between two individuals. This includes, but is not limited to, dating, cohabitation, engagement, or marriage. 4. A "personal relationship" includes relationships between spouses, parent/child (including stepparent/stepchild) or sibling (including a half-sibling/step sibling). 5. Employees or volunteers involved in an intimate or personal relationship with a colleague, supervisor, or subordinate are required to disclose the relationship to Human Resources. 6. No employee shall be supervised by someone with whom they are in an intimate or personal relationship. This is necessary to manage potential conflicts of interest, power dynamics, and to ensure that the relationship does not affect the workplace environment. 7. The Town may take steps to reassign one or both parties to different roles, departments, or reporting lines. 8. The disclosure must occur as soon as the relationship is recognized by either party. 9. The information provided will be treated confidentially and shared only with those who need to know for business purposes. 10. Employees are prohibited from participating in any employment decisions (e.g., hiring, promotion, performance evaluation, or disciplinary action) that affect the other party personal or intimate relationship. 11. Employees in personal or intimate relationships are expected to maintain a professional demeanor at all times while at work, including during work-related events and on Town premises. 12. Public displays of affection or any behavior that may make colleagues uncomfortable are not permitted in the workplace. 39 13. All disclosures made under this policy will be treated with the highest level of confidentiality. The Human Resource employee will manage the information discreetly and will only involve others, as necessary. 14. Retaliation against any employee who discloses a relationship or participates in an investigation related to this policy is prohibited. Any form of retaliation will result in disciplinary action, up to and including termination. 15. Failure to disclose an intimate or personal relationship as required by this policy or engaging in behavior that violates this policy may result in disciplinary action, up to and including termination. 40 SECTION 6 - WAGES AND SALARIES This page is intentionally left blank. 41 SECTION 7 - BENEFITS 7.01 Employee Benefits Policy Statement It shall be the policy of the Town of Yarmouth to offer a comprehensive set of employee and pension benefits. Details 1. The Town of Yarmouth offers employees, depending on eligibility, benefits that may include the following coverage: a. Health b. Dental c. Pension Plan d. Dependent Life Insurance e. Accidental Death and Dismemberment f. Long Term Disability g. Optional Life & Dependant Life Insurance h. Employee & Family Assistance Program (EAP) 2. The following are benefits paid for by the employer: a. Health b. Dental 50% c. Life & Dependant Life Insurance d. Accidental Death and Dismemberment 3. The following are benefits paid for by the employee: a. Dental 50% b. Long-Term Disability c. Optional Life & Optional Dependant Life Insurance 4. An employee may choose to opt out of coverage if they can provide proof of alternative coverage. 5. If an employee is covered by other coverage and it is discontinued, it is the responsibility of the employee to notify the Human Resource Coordinator to request to opt into coverage, if eligible. 6. Employees may opt into a Mariners on Main membership, individual or family, at 40% cost, to be deducted from the employee's bi-weekly pay. 7.02 Benefits During Leaves Policy Statement It shall be the policy of the Town of Yarmouth to ensure that employees have access to benefits coverage during absence from employment. Objectives 42 1. To outline the guidelines for administering benefits and pension for employees on an approved leave of absence. 2. To ensure clarity surrounding the availability and cost sharing of benefits to employees. Details 3. In all circumstances, the Town of Yarmouth is bound by the insurance policies and approvals, where necessary, from the insurance provider, with the providers superseding any information in this policy. 4. For all leaves, if coverage is not continued from the beginning of the approved leave, it cannot be reinstated until the employee has actively returned to work. 5. Employer Approved Unpaid Leave for Non-Union Employees a. An employee on an approved unpaid leave, not related to illness, may have benefits continue for a period of six (6) months, except Long-Term Disability. Employees shall be responsible for the full cost of maintaining their benefits during this leave period. b. An employee may continue pension contributions over the period of the approved leave, or purchase at a later date, as per the NSPSSP buy back rules. 6. Unpaid Medical Leave for Non-Union Employees a. An employee on an approved unpaid medical leave related to illness may have benefits continue for a period of six (6) months, except Long-Term Disability with cost sharing arrangements as outlined in Policy 7.01 Employee Benefits. b. An employee may continue pension contributions over the period of the approved leave, or purchase at a later date, as per the NSPSSP buy back rules. c. If there is no reasonable expectation of the employee returning to work after the approved leave, the employee will be deemed to have resigned from their employment with the Town. The Town will have no further obligation to the employee with respect to the ending of their employment. 7. Workers Compensation Leave a. An employee on an approved Workers Compensation Benefit (WCB) claim is required to apply for Long-Term Disability. b. Health and Dental benefits may continue for twenty-four (24) months with cost sharing arrangements as outlined in Policy 7.01 Employee Benefits. c. If LTD has been approved, Life, Dependant Life, AD&D, and LTD waiver of premium would apply. These benefits would continue to age 65 as long as the LTD claim continues to be approved. d. An employee may continue pension contributions over the period of the approved leave, or purchase at a later date, as per the NSPSSP buy back rules. e. If there is no reasonable expectation of the employee returning to work after twenty-four (24) months, the employee will be deemed to have resigned their employment with the Town. The Town will have no further obligation to the employee with respect to the ending of their employment. 43 8. Long-Term Disability Leave a. An employee on an approved Long-Term Disability (LTD) claim may have health and dental benefits continue for twenty-four (24) months after the elimination (waiting) period with cost sharing arrangements as outlined in Policy 7.01 Employee Benefits. b. If LTD has been approved, Life, Dependant Life, AD&D, and LTD waiver of premium would apply. These benefits would continue to age 65 as long as the LTD claim continues to be approved. c. Employee pension contributions are required to continue while in receipt of LTD benefits. d. If there is no reasonable expectation of the employee returning to work after twenty-four (24) months, the employee will be deemed to have resigned their employment with the Town. The Town will have no further obligation to the employee with respect to the ending of their employment. 9. Maternity/Parental Leave a. Employees on maternity/parental leave may have benefits continue for the legislated length of the leave with cost sharing arrangements as outlined in Policy 7.01 Employee Benefits. If coverage is not continued from the beginning of the leave, it cannot be reinstated until the employee has actively returned to work. b. Pension contributions are required during the fifteen (15) weeks of maternity leave and optional for the remaining parental leave period. Parental leave period may be purchased at a later date, as per the NSPSSP buy back rules. 10. All Other Legislated Leaves a. All benefits may continue for the legislated length of the leave and cost sharing arrangements remain the same. If coverage is not continued from the beginning of the approved leave, it cannot be reinstated until the employee has actively returned to work. b. An employee may continue pensions contributions over the period of the approved leave, or purchase at a later date, as per the NSPSSP buy back rules. c. If there is no reasonable expectation of the employee returning to work after the mandatory protected leave period, the employee will be deemed to have resigned their employment with the Town. The Town will have no further obligation to the employee with respect to the ending of their employment. 7.03 Pension Policy Statement It shall be the policy of the Town of Yarmouth to enroll eligible employees in the Nova Scotia Public Service Superannuation Plan (NSPSSP). Details 1. All new and current Permanent Full-time employees shall participate in the NSPSSP in accordance with the eligibility criteria of the NSPSSP. 44 2. All new and current Permanent Part-time employees may participate in the NSPSSP in accordance with the eligibility criteria of the NSPSSP. 7.04 Employee Recognition Awards Policy Statement It shall be the policy of the Town of Yarmouth to recognize staff for years of service to the Town. Details 1. Years of Service awards shall be given to individual staff members of the Town of Yarmouth who have completed the following categories of service: a. 5 Years $100.00 a. 10 Years $200.00 b. 15 Years $300.00 c. 20 Years $400.00 d. 25 Years $500.00 e. 30 Years $750.00 f. 35 Years $1000.00 2. The actual years of service shall be determined by date of hire with the Town of Yarmouth. Town approved leaves do not interrupt the years of service accrual. 3. Only employees actively at work shall receive this benefit. Once an employee returns to work from a Town approved leave, they shall be entitled to receive the benefit. 4. Years of service are recognized up to December 31st of the previous calendar year and are presented annually at an employee recognition event. 7.05 Long Service Awards Policy Statement It shall be the policy of the Town of Yarmouth to recognize employees for their service to the Town of Yarmouth. Objectives 1. To outline the eligibility for employees to receive this benefit. 2. To outline the monetary benefit employees receive when they resign. Details 3. This benefit will apply to all employees not otherwise covered by a collective agreement. 45 4. To be eligible for this benefit, employees shall work a minimum of 10 years for the Town of Yarmouth. 5. Upon resignation, long service employees shall be entitled to one (1) month's pay for every ten (10) years they have worked for the Town of Yarmouth. 6. Employees that have been on an approved leave, Workers Compensation Benefit, or Long-Term Disability will have that period of leave included in their service if the employee actively returns to work before notice of resignation. 7.06 Retirement Award Policy Statement It shall be the policy of the Town of Yarmouth to provide a retirement award that pays out a portion of accumulated sick leave for eligible employees. Objectives 1. To outline the eligibility for employees to receive the benefit. 2. To outline the monetary benefit employees receive when they resign/retire. Details 3. Employees who resign/retire from the Town of Yarmouth and are eligible to draw their unreduced pension from the Nova Scotia Public Service Superannuation Plan shall be eligible to receive the benefit. 4. An employee not enrolled in the Nova Scotia Public Service Superannuation Plan but would still be eligible to draw an unreduced pension under their guidelines, are able to receive this benefit. 5. Upon resignation, eligible employees will receive a cash equivalent of fifty percent (50%) of their unused accumulated sick leave. 46 SECTION 8 - LEAVES AND ABSCENCES 8.01 Vacations Policy Statement It shall be the policy of the Town of Yarmouth to provide employees with vacation time. Objectives 1. To establish guidelines to ensure employees receive vacation allotments and approvals on a fair and consistent basis. Details 2. Vacation requests, adjustments, or cancellations shall be submitted to their Management employee. 3. Vacation entitlement is prorated in an employee's first year of hire for the balance of the calendar year, based on date of hire, or when vacation entitlement changes. 4. A new hire, starting on or before the 15th of any month, shall receive the full month credit when prorating vacation. A new hire, starting after the 15th of any month, will not earn vacation for that month. 5. An employee using vacation leave prior to it being fully earned, shall be required to repay the unearned leave should they terminate employment. 6. The vacation entitlements for employees are as follows: a. 0 - 10 years 3 weeks b. 10 - 20 years 4 weeks c. 20 + years 5 weeks 7. Prior career experience will be considered when determining vacation entitlement by the "Recognition of Prior Service Form". 8. All vacation must be taken in the calendar year. An employee may carry over up to one (1) week of unused vacation upon approval of their Management employee to be used prior to March 31st. 9. The Chief Administrative Officer or Management employee reserve the right to limit the number of employees on vacation during one period of time. 10. Vacation entitlement only accrues when an employee is receiving earnings from the Town of Yarmouth. This does not include when an employee is on Workers Compensation Benefit and receiving a top up from the Town. 11. Employees shall submit vacation requests prior to February 28th every year. Approval is subject to the Management employees discretion. 47 12. Casual and seasonal employees are entitled to vacation pay as per Nova Scotia Labour Standards. 8.02 Holidays Policy Statement It shall be the policy of the Town of Yarmouth to provide time off, at the regular rate of pay, for holidays. Details 1. The following days shall be considered holidays for employees of the Town of Yarmouth: a. New Years Day b. Nova Scotia Heritage Day (Family Day) c. Good Friday d. Easter Monday e. Victoria Day f. Canada Day g. Natal Day h. Labour Day i. National Day for Truth and Reconciliation j. Thanksgiving Day k. Remembrance Day l. Christmas Day m. Boxing Day n. Any other day proclaimed as a holiday by the Governor General of Canada, Lieutenant Governor of Nova Scotia, or the Mayor of the Town of Yarmouth. 2. Employees that recognize any religious holidays not listed in section 1 shall be given priority when requesting time off. 3. The offices of the Town of Yarmouth administration building (Town Hall) shall close at 12:00 noon on the last working day before Christmas and reopen the first business day in the new year. 8.03 Personal Days Policy Statement It shall be the policy of the Town of Yarmouth to provide employees days off to attend to urgent matters. Objectives 1. To outline the use of personal days. Details 2. Each employee is entitled to three (3) personal days per year to deal with personal urgent matters. 48 3. For the purpose of this policy, a year is from January 1st to December 31st. 4. Personal days shall be prorated from the date of hire in the first year. 5. Personal days cannot be accumulated from year to year and there will be no payout for unused days. 8.04 Wellness Day Policy Statement It shall be the policy of the Town of Yarmouth to provide employees with one (1) wellness day per year. Details 1. Employees are entitled to one (1) wellness day per year, to be taken within the month of their birthday. 2. For the purpose of this policy, a year is from January 1st to December 31st. 3. Wellness days cannot be accumulated from year to year and there will be no payout for unused days. 8.05 Bereavement Leave Policy Statement It shall be the policy of the Town of Yarmouth to offer employees time off due to the death of a relative and/or colleague. Objectives 1. To define town interpretation of family statuses. 2. To identify the length of leave permitted. Details Definitions 3. For the purpose of this policy, the following definitions apply: a. Immediate family - a parent (including legal guardian or person who acted in the capacity of parent), spouse, child (including stepchildren), brother, sister, grandchild, or ward. b. Extended family - grandparents, parent in-laws, siblings' in-law, aunt, uncle, niece, nephew. Bereavement 4. Employees will be permitted bereavement leave as follows: a. In the event of a death in immediate family of an employee, they shall be entitled to a bereavement leave for a period of up to six (6) consecutive calendar days, but such leave shall 49 not extend beyond the sixth day following the date of death, and one (1) additional day to attend the funeral; b. In the event of a death in extended family, they shall be entitled to a bereavement leave for a period of up to three (3) consecutive calendar days, but such leave shall not extend beyond the third day following the date of death, and one (1) additional day to attend the funeral; c. In the event of the death of a colleague, they may be entitled to bereavement leave, maximum one (1) day, to attend the funeral. 8.06 Pregnancy, Parental and Guardian Leave Policy Statement It shall be the policy of the Town of Yarmouth to provide employees with fair pregnancy, parental, and adoption leave subject to the requirements under the Nova Scotia Labour Standards Code. Objectives 1. To provide employees with clear and concise pregnancy and parental leave regulations. 2. To ensure employees are aware of the legal requirements under the Nova Scotia Labour Standards Code. 3. To provide employees with a streamlined request and feedback system. Details Pregnancy Leave 4. An employee is entitled to an unpaid leave up absence of up to sixteen (16) weeks as pregnancy leave and up to sixty-one (61) weeks of unpaid leave as parental leave. Parental leave must be taken immediately following the pregnancy leave. 5. The leave may start up to sixteen (16) weeks prior to the expected delivery date. 6. Prior to returning to work, the employee shall provide their Management employee or designate with at least four (4) weeks notice of return in writing. 7. The Town may require an employee to commence an unpaid leave of absence if the pregnancy interferes with the employee's work. Parental Leave 8. Parents of a newborn or newly adopted child may take up to seventy-seven (77) weeks of unpaid leave to commence once the new child arrives. 9. Employees who also take a pregnancy leave can take a total of 77 weeks combined pregnancy (16 weeks) and parental (61 weeks) leave. 50 Guardianship Leave 10. An employee who is appointed guardian of a child under the age of one (1) year may take up to four (4) weeks of unpaid leave to commence at the time of appointment of guardianship. Pregnancy, Parental, and Guardian Leave 11. To take pregnancy, parental, or guardianship leave, the employee may be required to provide proof from a medical doctor or adoption/guardianship social worker. 12. An employee shall give the Town at least four (4) weeks' written notice of the date the employee intends to begin pregnancy, parental, or guardian leave. 13. Employees on leave are eligible to participate in any Town of Yarmouth extended health plans and other workplace benefits unless the employee elects to opt out of these benefits in writing to the Human Resource Coordinator. 14. An employee wishing to continue benefits during leave will be required to provide post-dated cheques or other suitable arrangements to pay the employee's portion of premiums for benefit coverage. 15. Benefits do not accrue during leave if required employee contributions are not paid and may be cancelled. 16. Should an employee opt out of employee benefits during leave, they may opt in upon expiration of the leave with no Town required waiting period. Service provider waiting periods may apply. 17. Employees who take a pregnancy, parental, or guardianship leave may qualify for benefits under the Government of Canada's Employment Insurance program. 18. Vacation entitlement or sick leave does not accrue during Pregnancy, Parental, and Guardianship Leave. 19. When an employee returns to work at the end of a pregnancy, parental, or guardian leave, the employee shall resume work in the position held by the employee immediately before the leave began or in a comparable position within the workplace. 8.07 Sick Leave Policy Statement It shall be the policy of the Town of Yarmouth to provide sick leave benefits to employees as to prevent loss of earnings during short term illnesses. Objectives 1. Determine the sick leave benefits of employees. 51 2. Define how and when sick leave benefits are accumulated and used. Details 3. Employees accumulate sick leave at a rate of 20 days per year, up to a maximum of 200 days. In the event of serious or prolonged illness, the employee is permitted to receive full pay to the maximum number of sick days accumulated. 4. Sick time taken in excess of five consecutive days may require a doctor's certificate confirming the employee should not be at work. 5. Employees are required to advise their management employee or designate, as early as possible, when they will not be able to attend work due to illness. 6. Upon returning to work, employees must submit their sick leave request to their Management employee. 7. Sick leave only accrues when an employee is receiving earnings from the Town of Yarmouth. This does not include when an employee is on Workers Compensation Benefit and receiving a top up from the Town. 8.08 Other Absences Policy Statement It shall be the policy of the Town of Yarmouth establish a procedure for employees to request other extended absences from work. Objectives 1. To outline the process for an employee to request an unpaid leave of absence. Details 2. An employer approved unpaid leave shall only apply to non-union staff. a. Permanent employees may request an unpaid leave of absence for a period not exceeding six (6) months. b. If the leave is granted to an employee within the probationary period, the probationary period shall be extended by the length of the leave. c. An unpaid leave will not be granted to any employee for the purpose of working for another employer. d. Employees are encouraged to provide at least four (4) months notice when possible, before requested unpaid leave start date to the Management employee, in writing, and must include the following information: i. The reason for the leave ii. The period the leave covers iii. Election of benefits to continue as per Section 7.02 Benefits During Leaves 52 e. The Management employee will consider the impact on the Department before making a recommendation to the Chief Administrative Officer. 3. An unpaid medical leave may be requested when an employee has exhausted all sick leave and is off work due to illness or injury for which Long-Term Disability and/or Workers Compensation is not approved or applicable. a. Permanent employees may request an unpaid medical leave of absence for a period not exceeding six (6) months. b. If the leave is granted to an employee within the probationary period, the probationary period shall be extended by the length of the leave. c. Requests for an unpaid leave shall be made in writing to the Management employee and must include the following information: i. The reason for the leave ii. The period the leave covers iii. Election of benefits to continue as per Section 7.02 Benefits During Leaves iv. Medical documentation indicating the employee is unable to work due to illness or injury. d. The Management employee will consider the impact on the Department before making a recommendation to the Chief Administrative Officer. 53 SECTION 9 - EMPLOYEE RECEIPT 9.01 Employee Receipt Policy Statement It shall be the policy of the Town of Yarmouth to have staff acknowledge their understanding of the Town of Yarmouth Human Resource Policies. Details 1. Employees of the Town of Yarmouth shall read, seek clarification, and understand the Human Resource Policies as written. 2. Employees shall sign an acknowledgement of understanding and receipt of these policies within three (3) months of receiving or being notified of the Human Resource Policies. 3. Employees shall return the signed Form 9.01 Employee Receipt to the Human Resource Coordinator.