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POLICY HUM-BEN-105
EMPLOYMENT SERVICE PROTECTION
DATE
Category
HUM - Human
Resources
Sub-category
BEN - Benefits &
Compensation
Approval Type
COUNCIL
Department/Division
Corporate
Services/Human
Resources
Author and Position
Human Resources
Date Approved
December 17, 1990
Last
Reviewed/Amended
December 16, 2024
Next Review Date
June 1, 2029
Related Policies or Procedures
•
Policy Purpose
To define the Employment Service Protection Date in determining job protection in the case
of a continuous absence from work due to illness or injury.
Definitions
Employment Service Date: the date the employee was last hired and where service has
been continuous.
Service Protection Date: an established date calculated from the first day of an employee’s
period of continuous absence to a maximum period of 24 months.
Policy Scope
Application
☒ Employees (Indicate below which categories apply: All employees, Permanent full-time, Temporary full-time, Continuous part-
time, Casual, Probationary, Student, Management, Non-union) • Permanent full-time, Continuous part-time, Management, Non-union
☐ Unions (Indicate below which categories apply: All Unions, CUPE 68 Civic, CUPE 68 Mechanics, CUPE 791, IATSE, IBEW, KPFFA)
• Click or tap here to enter text.
☐ Council
☐ Specified Positions: Click or tap here to enter text.
☐ Other: Local Boards and Advisory Committees
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Policy Content
At the commencement of a continuous absence from work, the permanent full time non-union
employee or continuous part-time employee will have service protection for a period of time
of up to 24 months.
In the event the absence continues beyond the service protection date with no plan to return
to work, employment with the City of Kitchener will be terminated.
The service protection date will reset once an employee returns to their regular duties and
hours for a period of at least two weeks or is reassigned with a permanent accommodation.
The City of Kitchener has no obligation to rehire an employee who has been terminated
through a:
• voluntary resignation
• discharge for which has not been reversed through operation of the complaint
procedure
• Or a continuous absence beyond the service protection date.
Results of Review
☐ No Edits Required
☐ Housekeeping Edits
☒ Substantial Edits
☐ Repeal/Replace
Policy History
Administrative and Housekeeping Changes
Date Nature of Change
2016-06-01 Policy II-105 template reformatted to new numbering system and given
number HUM-BEN-105.
Substantial Changes
Date Council/CLT Directive
1996-05-21 Resolution passed by Council
2001-12-10 Resolution passed by Council
2010-06-14 Resolution passed by Council
2024-12-16 Resolution passed by Council, see report COR-2024-514