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HomeMy WebLinkAboutCAO-10-013 - Human Resources Pandemic Planning Policy ApprovalREPORT Report To: Councillor Berry Vrbanovic and Members of the Finance and Corporate Services Committee Date of Meeting: April 26, 2010 Submitted By: Tim Beckett, Fire Chief Prepared By: Dianne Stewart, Health and Safety Specialist Ext. 2254 Ward(s) Involved: None Date of Report: March 11, 2010 Report No.: CAO-10-013 Subject: HUMAN RESOURCES PANDEMIC PLANNING POLICY APPROVAL RECOMMENDATION: That the Human Resources – Pandemic Planning Policy 1 as outlined in the Human Resources report CAO-10-013 be approved for use in the City of Kitchener’s Pandemic Plan. EXECUTIVE SUMMARY: The City of Kitchener’s Pandemic Plan commits to ensuring the continued health, safety and well-being of the residents of Kitchener during a Pandemic event. This commitment is detailed in the Pandemic Plan by way of a number of strategies aimed at maintaining community service levels and staff safety. Social distancing and temporary staff re-assignments or transfers have been identified as approaches that may be necessary during a period of high absenteeism which is a possible outcome of a Pandemic emergency. These strategies can have an impact on the amount of overtime experienced, staff assignments and pay rates. It is also necessary to acknowledge the financial impact that prolonged absences may have on staff. In order to support staff, it may be necessary to provide a means for staff to maintain their income as much as is practical in the circumstances; and maintain a job protected status during a declared pandemic. The Human Resources Pandemic Planning Policy 1 (as attached) was developed to address these strategies and ensure consistency in applying these approaches. The Human Resources Pandemic Planning Policy 1 is designed to be in effect only for the length of a declared pandemic event. ïð ó ï BACKGROUND: On October 13, 2009, staff presented the City of Kitchener’s Emergency Plan, specifically the Pandemic Plan to Council. This presentation gave an overview of the plan to ensure that Council is both aware of the contents of the plan and have a level of confidence that community services levels will be impacted to the least extent possible; and, that staff safety will not be compromised. As the Pandemic Plan has the potential to modify the City’s existing business practices it is important to ensure that any implications to staff are carefully considered. As a result, the Human Resources Policy, Pandemic Planning Policy Number 1 (from this point forward referred to as the Policy) is included in the pandemic plan to ensure that any deviation from established practices is clearly defined. REPORT: A pandemic emergency in our community will have an impact on the staff of the City of Kitchener. While the extent of that impact will vary depending on the nature of the pandemic, it has been estimated that a pandemic influenza could affect as many as 35% of the population. As a result, the City of Kitchener could see a considerable rise in absenteeism due to staff illnesses; staff absences taken to attend to the illness of a sick family member; and/or, imposed social distancing (official quarantine). The City’s Pandemic Plan details a number of strategies that must be implemented in order to minimize the spread of illness and adapt to the reduction in staff levels. Some of the strategies have the potential of impacting practices related to compensation, overtime, sick leave and, leaves of absences. In the event of a staff shortage, it may be necessary to extend staff work hours; re-deploy staff to another division/department; and/or, otherwise reassign work activities in order to ensure that essential business functions are maintained. The Policy provides direction on temporarily re- assigning staff; and, the manner through which appropriate compensation is achieved. The extent to which this would be required would depend on where the absences are experienced in the organization in the context of the identified essential services; and, how deeply the staff compliment has diminished. The Policy acknowledges the potential for lost wages of staff due to prolonged absences. In order to assist City staff during periods of extended leaves of absences due to illness or quarantine; it is necessary to provide an enhanced access to sick leave credits, vacation and accumulated lieu time. Such enhanced access would be permitted in the following circumstances: 1) Staff have exhausted their sick leave credits; 2) Staff require time off due to family illness; and, have exhausted their 5 Family Medical Leave Day entitlement; and/or, 3) Staff have been placed under official quarantine and are not permitted to attend work. FINANCIAL IMPLICATIONS: It can be expected that in the application of the Policy a higher rate of sick leave, vacation and lieu time usage may occur. The degree to which there may be pay rate changes would depend heavily ïð ó î on where absenteeism is experienced corporately. In all cases, it is anticipated that such anomalies may be present for the duration of the pandemic emergency only and therefore no long term financial implications are anticipated. Maintaining a sufficient balance within the tax stabilization reserve fund is an appropriate strategy to ensure that the City of Kitchener has a contingency available to fund extraordinary costs under this policy that may be associated with a pandemic, such as additional overtime. ACKNOWLEDGED BY: Tracey Hare Connell, Executive Director People Services & Organizational Development ïð ó í POLICY NUMBER1DATE: August 27, 2007 Amended: August 27, 2009 : HUMAN RESOURCES - PANDEMIC PLANNING POLICY TYPE SUBJECT: Pandemic Plan Policy POLICY APPLIES TO THE FOLLOWING EMPLOYEE CLASSIFICATION(S) All Employees PURPOSE: To set expectations and method of compensation for employees that may be affected by changes in their normal assignments, schedules, and/or who may absent from work due to a pandemic emergency. DEFINITIONS: Absent for purposes of this policy shall be defined as: 1. The absence of the employee due to the employee’s own illness or 2. The official quarantine of the employee as directed by a Medical Officer of Health or, 3. The necessity for the employee to provide family care to member(s) of the employee’s family. Quarantine for the purposes of this policy shall be defined as the restriction of the activities of healthy persons who have been exposed to an infection but who may or may not be infected themselves. People who are quarantined are restricted from their normal activities outside of their home for the length of the maximum incubation period on an infection. Family for the purposes of this policy is as defined by Policy Number II-265 Sick Leave and Workplace Safety and Insurance Board. ïð ó ì Pandemic Plan Policy Continued POLICY STATEMENT: APPLICABILITY OF PANDEMIC PLAN POLICY: The Pandemic Plan Policy will only take effect on the earlier of: a) A declared pandemic emergency as announced by the Province of Ontario or, b) A declared pandemic emergency as announced by a Medical Officer of Health or, c) A declared pandemic emergency as announced by the Mayor of the City of Kitchener This policy will remain in effect until the declaration of a pandemic emergency is rescinded, at which time the provisions of standard policies and the normal provisions of collective agreements shall resume. The Pandemic Plan Policy does not supersede the requirements as itemized in the following: a) Employment Standards Act or, b) Human Rights Code or, c) Occupational Health and Safety Act or, d) Highway Traffic Act or, e) Fire Protection and Prevention Act or, f) The Ontario Labour Relations Act In the event of a conflict between this policy and the existing collective agreements and/or Human Resources policies, this policy will prevail. Any policy or portion thereof, or term of a collective agreement not referenced in this policy, remains unchanged. OVERTIME AND PREMIUM PAYMENTS To be applied in the event that authorized work is performed by Management and/or non- union employees beyond the normal hours of work per day or per week. For Management Staff In the event of a declared emergency, with pre-authorization, the management team members who do not normally qualify for overtime can receive overtime at straight time for over 44 hours at *straight time to a maximum of 25 hours per week if they work overtime as a direct result of the declared emergency. (Exceptions may be made for commercial vehicle operators in which case Hours of Service legislation may be applicable.) No other premiums shall apply. The CAO and General Managers will not be paid overtime. *Straight time = regular rate of pay ïð ó ë Pandemic Plan Policy Continued For Management Other Than M Grid and Non-Union, Permanent Full-Time Overtime and premium payments for call-in pay, shift premium and meal allowance will be in accordance with the C.U.P.E. Local #791 collective agreement or, in the case of first line supervisors of hourly rated bargaining unit employees, the provisions of the respective collective agreements for their employees. For the purpose of standby pay: Front-line supervisors of full time, non-union employees and for authorized full time non- union employees, the provisions of C.U.P.E Local 791 contract will prevail. For Management Staff (M Grid), Management other than M Grid and Non Union, Permanent Full Time – General: 1. At the discretion of the Department Head, time off regular working hours in lieu of overtime payment may be allowed when requested by the employee and at a time mutually agreeable. If time off is granted, it shall be calculated at the appropriate overtime rates. Lieu time cannot be accumulated beyond twelve (12) months from the day it was earned. Any lieu time outstanding at the end of twelve (12) months will be paid out at the appropriate overtime rates to the employee. 2. All payments for overtime must be authorized by the employee's immediate Supervisor, Department Head as appropriate to the circumstances. 3. With prior written authority of the Human Resources Division, a Department Head may make special arrangements with respect to overtime payments for employees who, due to the nature of their job, need to work flexible hours as opposed to being paid for overtime or having time off in lieu. PAYMENT FOR ABSENCE FROM WORK Employees may utilize accumulated sick leave, vacation, family days or lieu time up to the employee’s outstanding balance. For the purposes of this policy, employees are permitted unlimited access to their net sick leave credits to care for sick family members or for the purposes of a Medical Officer of Health imposed quarantine during a declared pandemic emergency. The Corporation shall not advance unearned credits for sick leave, vacation, family days or lieu time. ïð ó ê Pandemic Plan Policy Continued Management at its sole discretion may send an employee home who, due to illness, should not be in the workplace. As noted above, employees may recoup any lost time as appropriate to the circumstances and in accordance with this policy. RE-DEPLOYMENT OF STAFF It may be necessary to redeploy staff outside of their normal work group or work location. Shift changes, if necessary, will occur with as much notice as is reasonable in the circumstances. This may entail crossing the established jurisdictional boundaries of our union locals and/or crossing from or to the non-union management group. The foregoing will be accomplished without compromising the need to meet any statutory minimum qualifications (e.g.: Ministry of Transportation driving license requirements) for the work to be performed. Adequate training will be provided to ensure staff are competent to perform the required duties. Every effort will be made to minimize the effect on our labour groups. The Union will be advised by email of any redeployment of members of their local. Union dues will continue to be deducted and remitted to the employee’s primary affiliation, further, the redeployed staff member will be subject to the working conditions of the collective agreement of their primary affiliation. The scheduling of additional part-time hours is subject to: 1. The additional part-time hours are to replace a full-time or part-time employee absent as a result of the pandemic. 2. The additional part-time hours do not displace an existing full-time employee. 3. Part time employees should not be given hours to exceed the allowable amount under their respective Collective Agreement that would result in overtime being paid without first offering the work to qualified and available full time employees. RE-ASSIGNMENTS: When an employee is temporarily transferred or assigned for a period of one (1) day or greater of actual work performance in a higher rated job, the employee shall be paid the higher rate and placed at the step that will see an increase for the time period required to complete the assignment unless the Collective Agreement provides a greater benefit. When an employee is temporarily transferred or assigned to a lower rated job the employee’s normal rate of pay will remain unaltered for the period required to complete the assignment. *Note: Depending upon the availability of Payroll and Human Resources staff, adjustments may not be made until after the pandemic emergency. ïð ó é ïð ó è ïð ó ç ïð ó ïð ïð ó ïï ïð ó ïî ïð ó ïí ïð ó ïì ïð ó ïë ïð ó ïê ïð ó ïé ïð ó ïè ïð ó ïç ïð ó îð ïð ó îï ïð ó îî