Loading...
HomeMy WebLinkAboutVacation - HUM-VAC-245Page 1 of 7 POLICY HUM-VAC-245 Vacation Category HUM - Human Resources Sub-category VAC - Vacation, Leave & Hours of Work Approval Type COUNCIL Department/Division Corporate Services/Human Resources Author and Position Human Resources Date Approved June 1, 1992 Last Reviewed/Amended April 24, 2025 Next Review Date April 1, 2030 Related Policies or Procedures • HUM-VAC-165 Leaves of Absence • HUM-HIR-100 Employee Status - Definitions Policy Purpose This policy establishes standards for annual vacation entitlements and vacation pay percentages. Definitions Entitlement: The number of vacation hours which an employee is eligible to use within the vacation year based on years of continuous service. Carry-forward: The portion of the employee’s entitlement in a vacation year that is permitted to be used in the subsequent vacation year. Employment service date: The date of last hire where service is continuous. Continuous service: Continuously employed by the City of Kitchener with no break in service. Years of service: The number of years of employment, based on the employment service date where service is continuous. Corporation: Refers to the Corporation of the City of Kitchener. Standard work week: The employee’s typical hours of work per week based on their employment contract or the terms of their collective agreement, if applicable, and reflecting Page 2 of 7 alternative schedules should the employee be approved to participate in any applicable alternative working arrangements program. Temporary full-time employee: For the purposes of this policy, a temporary full-time employee performs a role equivalent to a CUPE 791 or non -union/management permanent full-time role. Employee status definitions used throughout this policy are available in policy HUM-HIR- 100 Employee Status – Definitions which should be read alongside this policy for correct application. Policy Scope Where terms of a Collective Agreement differ from this Policy, the terms of the Collective Agreement will apply. Application ☒ Employees (Indicate below which categories apply: All employees, Permanent full-time, Temporary full-time, Continuous part- time, Casual, Probationary, Student, Management, Non-union) • All employees ☐ 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 Policy Content 1. General Employees are encouraged to use all of their vacation entitlement each year. Permanent full-time and temporary full-time employees will accrue vacation to be taken as paid time off. All other employees will earn vacation pay as a percentage of gross earnings with each pay. Employees who earn vacation pay as a percentage will take unpaid vacation time off in accordance with t he Employment Standards Act (ESA). A. Vacation year i. The vacation year shall be from January 1st to December 31st with the qualifying year for each employee based on their employment service date, which shall be calculated as of the anniversary date of the employee’s continuous service to the Corporation. B. Scheduling vacation i. Vacations are to be taken in accordance with the ESA and shall be arranged to the employee’s preference as far as this is possible and practical to do so and as approved by the employee’s immediate Page 3 of 7 supervisor, having regard for the employment status date and operational requirements to ensure service levels are maintained. ii. When an employee has vacation time scheduled and within that period qualifies for bereavement leave, bereavement entitlement will replace the use of vacation credits or unpaid vacation time for such absence. The period of vacation so displaced shall be ta ken at a time convenient to the Corporation. C. Vacation while on leave i. Employees on an approved ESA leave of absence will continue to earn time toward years of service for the purposes of vacation entitlement. Any employee entitled to paid vacation time will continue to accrue vacation credits on the basis of months of continuous service. ii. Employees on an approved non -ESA leave of absence will not earn time toward years of service for the purposes of vacation entitlement for the period of the leave. An employee entitled to paid vacation time will not accrue vacation credits for the period of the leave. a. For permanent full-time and temporary full-time employees, in the event that a full calendar month is not completed when an employee goes on leave, the employee’s monthly vacation earnings will be pro - rated based on the number of working days that the employee worked in the month the leave commenced, up to the maximum monthly earnings corresponding to their service entitlement as outlined below. iii. Employees will not earn time toward years of service for the purposes of vacation entitlement, and employees entitled to paid vacation time will not accrue vacation credits when receiving a Long-Term Disability (LTD) benefit starting from the date their LTD benefit is approved. D. Returning from leave i. Vacation credit accrual or accrual of time toward years of service for vacation entitlement percentages will resume on the date the employee returns from a non-ESA leave or LTD. a. For permanent full-time and temporary full-time employees, credit will be pro-rated based on the number of working days the employee worked in the month the leave ended, up to the maximum monthly earnings corresponding to their service entitlement as outlined below. E. End of employment i. When the employment of any employee is terminated, the employee shall be paid a proportionate amount of salary or wages for any unused or accrued vacation credits. 2. Entitlements The Corporation reserves the right to start a new employee at a higher entitlement. Page 4 of 7 A. CASUAL, & STUDENT EMPLOYEES Casual and student employees will earn vacation pay as a percentage of gross earnings with each pay (4% or 6% based on years of service) in accordance with the Employment Standards Act. B. CONTINUOUS PART-TIME EMPLOYEES Vacation entitlement will parallel non-union, permanent full-time staff. The percentage payable will vary based on years of continuous service. Vacation entitlement is based on the following schedule: Continuous Service (Years Completed) Continuous part-time vacation percentage <1 6.0% 1 6.0% 2 6.0% 3 6.0% 4 6.0% 5 6.4% 6 6.8% 7 7.2% 8 7.6% 9 8.0% 10 8.0% 11 8.0% 12 8.4% 13 8.8% 14 9.2% 15 9.6% 16 10.0% 17 10.0% 18 10.0% 19 10.0% 20 10.4% 21 10.8% 22 11.2% 23 11.6% 24+ 12.0% Page 5 of 7 D. PERMANENT FULL-TIME AND TEMPORARY FULL-TIME EMPLOYEES Temporary full-time employees Temporary full-time employees are entitled to paid vacation time off at the rate of 8.75 hours or 10.00 hours per completed calendar month based on the employee’s normal weekly hours of work. There will be no progression to a higher rate of accrual. Continuous part-time and casual employees who transfer to temporary full-time will earn paid vacation time off based on their employment service date. Permanent full-time employees Vacation entitlement is based on the following schedule: Continuous Service (Years Completed) Vacation days Monthly vacation accrual (in hours) 35 hours/week Monthly vacation accrual (in hours) 40 hours/week <1 1.25 days/month 8.750 10.000 1 15 (3 weeks) 8.750 10.000 2 15 (3 weeks) 8.750 10.000 3 15 (3 weeks) 8.750 10.000 4 15 (3 weeks) 8.750 10.000 5 16 (3 weeks + 1 day) 9.333 10.667 6 17 (3 weeks + 2 days) 9.917 11.333 7 18 (3 weeks + 3 days) 10.500 12.000 8 19 (3 weeks + 4 days) 11.083 12.667 9 20 (4 weeks) 11.667 13.333 10 20 (4 weeks) 11.667 13.333 11 20 (4 weeks) 11.667 13.333 12 21 (4 weeks + 1 day) 12.250 14.000 13 22 (4 weeks + 2 days) 12.833 14.667 14 23 (4 weeks + 3 days) 13.417 15.333 15 24 (4 weeks + 4 days) 14.000 16.000 16 25 (5 weeks) 14.583 16.667 17 25 (5 weeks) 14.583 16.667 18 25 (5 weeks) 14.583 16.667 19 25 (5 weeks) 14.583 16.667 20 26 (5 weeks + 1 day) 15.167 17.333 21 27 (5 weeks + 2 days) 15.750 18.000 22 28 (5 weeks + 3 days) 16.333 18.667 23 29 (5 weeks + 4 days) 16.917 19.333 24+ 30 (6 weeks) 17.500 20.000 Page 6 of 7 If the first full calendar month of service cannot be completed because it begins with either a Holiday and/or weekend, an employee who begins work on the first working day of the month will be credited with their maximum monthly earnings based on their service entitlement. 1. Access to vacation Employees shall have access to their vacation entitlement as advanced to them on January 1st of each year. For greater clarity, where the vacation entitlement is advanced, a new employee would earn and utilize their vacation entitlement within the same year rather than having to earn a vacation entitlement in one year prior to utilizing it in the following year. 2. Vacation accrual Employees will accrue vacation monthly at the rate corresponding to their annual entitlement based on their qualifying year in accordance with their years of service in the chart above. Employees who have reached a threshold that corresponds to a greater vacation entitlement will accrue vacation at a higher monthly rate in the month following the anniversary of their employment service date. In the first year of employment, such vacation entitlement shall be prorated in proportion to the period between the date of hire and the end of the vacation year referenced above. Upon termination, vacation shall be prorated to correspond to the proportion of the year in which they were employed by the Corporation. Employees whose first day of work begins after the first day of the month will have their first month of vacation earnings pro-rated based on the number of working days that the employee is employed by the Corporation in their first month up to the maximum monthly earnings corresponding to their service entitlement as outlined above. Employees who terminate prior to the last day of the month shall have their vacation earnings for their final month of work pro-rated based on the number of days worked in the month of termination up to the maximum monthly earnings corresponding to their service entitlement as outlined above. 3. Vacation carry-forward Employees entitled to three (3) or more weeks’ vacation may carry forward up to one (1) week’s vacation to the next vacation period. Employees entitled to four (4) or more weeks’ vacation may, by written request to the employee’s Department Head with a copy to the Director, Human Resources or Designate, be granted the privilege of carrying forward up to one (1) additional week’s vacation to the next vacation period for a total of up to two (2) weeks. This provision is non-cumulative, and any vacation carried forward must be used by the end of the next vacation period and shall otherwise be forfeited. A request to carry forward more than one (1) week of vacation is a discretionary special circumstance and not an annual entitlement. Page 7 of 7 4. Illness during scheduled vacation time When an employee has vacation time scheduled and within that period experiences an accident, illness or injury resulting in confinement in a hospital or a recognized medical centre as evidenced by a medical certificate, there will be no deductions from vacation credits for such absence. The period of vacation so displaced shall be tak en at a time convenient to the Corporation. 5. End of employment In the event the employee has taken more vacation than they have accrued at the time of termination, the Corporation shall recover the difference on the employee’s final pay. Should the final pay not be sufficient to fully recover the overpaid vacation, the employee will provide payment directly to the Corporation within thirty (30) days. 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-245 template reformatted to new numbering system and given number HUM-VAC-245. Substantial Changes Date Council/CLT Directive 2001-01-15 Resolution passed by Council 2002-07-04 Resolution passed by Council 2004-03-29 Resolution passed by Council 2010-06-14 Resolution passed by Council 2011-02-07 Resolution passed by Council 2024-12-16 Resolution passed by Council, see report COR-2024-514 2025-04-24 Resolution passed by Council regarding Memorandum of Settlement adjustments