HomeMy WebLinkAboutCAO-08-011 - Family Medical Leavei
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REPORT
Report To: Finance & Corporate Services Committee)
Date of Meeting: May 12, 2008
Submitted By: Doug Paterson
Prepared By: Doug Paterson
Wards}Involved: N/A
Date of Report: 2008
Report No.: CAO-08-011
Subject: FAMILY MEDICAL LEAVE
RECOMMENDATION:
That Policy 11-265, Sick Leave and Workplace Safety & Insurance Board, be amended to make
provision for Family Medical Leave a copy of which is attached, and the necessary changes be
made to the City's Sick Leave By-laws.
REPORT
At present, both the City's policies and by-laws only recognize the illness or injury of the
employee as grounds for accessing the accumulated sick leave benefits. Should a member of
the employee's immediate family become ill or injured, requiring an employee to be absent from
work, the employee cannot access sick leave, therefore, to maintain salary whole, the employee
must utilize vacation, lieu time etc. cif available).
Through the Employee Culture Survey, Open Door inquiries and in contract negotiations, there
have been numerous requests for the City to re-consider the present definition of sickness (i.e.;
only the employee's own sickness).
While there will be staff who would prefer the concept of "personal days", that is the notion that
employees have a bank of days to take at their discretion, we believe the most compelling
reason for change centres on the illness of a family member. The approach taken in this report
was endorsed by Corporate Management Committee on February 19, 2008.
The concept of Family Medical Leave is not new and local examples of the similar policies, can
be found at the Region of Waterloo, City of Cambridge and Community Care Access Centre of
Waterloo Region.
The policy change will necessitate changes to the City's two sick leave by-laws. We have
taken the opportunity to bring the sick leave by-laws up to date. We have incorporated all the
changes previously approved by Council as well as incorporating the new Family Medical
Leave. The new by-laws will reflect the phased in elimination of the sick leave gratuity for all
staff except members of the Kitchener Professional Fire Fighters Association as previously
approved by Council, a revised definition for retirement, and some minor housekeeping
revisions. For greater clarity and ease of reference the existing sick leave by-laws may be
repealed and replaced in their entirety.
FINANCIAL
The change proposed in this report does not require any new funds. This approach could
contribute a higher incidence of sick leave usage, however, in talking to other municipalities
with Family Medical Leave provision, they have not experienced significant increases.
Doug Paterson
Director, Human Resources
COUNCIL POLICY RESOLUTION
POLICY NUMBER: II-265
POLICY TYPE: ~~MAN RESOURCES
DATE: DECEMBER 17,1990
Amended: DECEMBER 10, 2001
Amended: FEBRUARY 5, 2008
SUBJECT: SICK LEAVE AND WORKPLACE SAFETYAND INSURANCE BOARD
POLICY APPLIES TO THE FOLLOWING EMPLOYEE CLASSIFICATION(S~
NON-UNION UNION
MANAGEMENT X PERMANENT FULL-TIME X
PERMANENT FULL-TIME X TEMPORARY
TEMPORARY PART-TIME
PART-TIME
STUDENT
PURPOSE:
To provide a continuation of income in event of short term injury or disability.
POLICY STATEMENT:
Sick Leave Management and Permanent, Full Time Staff Only
Sick Leave Benefits - as specified in the Corporation's By-law Number 73-20-P.
Permanent employees of the Corporation from the date of employment are entitled to one
and one-half ~1 1/2) days sick leave credits for each completed continuous month of service.
An employee whose employment is terminated by death or retirement shall be entitled, on
termination, to receive payment for his/her unused accumulated sick leave credits
accumulated after April 1st, 1953 on the basis of his/her regular salary or wages at
termination, to a maximum of one-half (1/2) year's earnings, at the rate in effect immediately
prior to termination.*
An employee having not less than five ~5) years' service whose employment is terminated by
resignation or dismissal shall be entitled, on termination, to receive payment for one-half
~1 /2} of his/her unused accumulated sick leave credits accumulated after April 1st, 1953, on
the basis of his/her regular salary or other remuneration at termination, to a maximum of
one-half X1/2) year's earnings, at the rate in effect prior to termination.*
KITCNENER II-265.1 FEBRUARY 2008
SICK LEAVE AND WQRKERS' Co~PENSATION, CoNT'D
Subject to the approval of City Council, an employee may elect to have the sick leave credits
payable on termination paid in installments, rather than in a lump sum.
An employee on approved leave of absence in excess of thirty X30} calendar days shall not
receive sick leave credits during the period of such leave.
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Family Medical Leave
An Employee may utilize up to a maximum of five (5} accumulated sick days per
calendar year for purposes of attending to the illness of a family member, subject to
the following:
1. For purposes of this section, illness shall be read to include, providing
or arranging for unexpected care for family members, or accompanying
family members to obtain emergency or urgent medical care.
2. For purposes of this section, family member shall be read to include
spouse (partner), parents (step parents) and children (step children), of
the employee.
3. Authorization for accessing Family Medical Leave will be obtained in
advance from the employee's supervisor.
4. Days taken under this section shall be deducted from the employee's
accumulated sick leave balance to a maximum of five (5} days per
calendar year.
5. Days taken under this section shall be counted as a part of the unpaid
Family Medical Leave provision of the Employment Standards Act.
6. The City may request and if requested, the employee will provide a
Doctor's Certificate to justify a claim for payment under this section.
KITCNENER II-265.2 FEBRl1ARY2008
SICK LEAVE AND WQRKERS' CQ~PENSATION, CQNT'D
Workers' Compensation
Where, as a result of injuries received by an employee while in the course of employment
with the Corporation, an employee is entitled to receive temporary total disability payments
from Workplace Safety and Insurance Board of Qntario, the Corporation shall pay to such
employee an amount equal to ninety per cent (90%} of his/her average weekly earnings
minus the amount of total temporary disability payments from the Workplace Safety and
Insurance Board, and such payment shall not be deducted from the employee's
accumulated sick leave. Average weekly earnings shall have the same meaning as it does
from time to time under the provisions of the Workplace Safety and Insurance Act and the
regulations thereunder.
KITCHENER II-.3 FEBRUARY 2008
BY-LAW NUMBER
QF THE
CORPt~RATION t~FTHE CITYOF KITC~ENER
~A by-law respecting sick leave credits for
employees of the Fire Depa~ment}
The Council of The Corporation of the City of Kitchener enacts as follows:
1. In this by-law:
~a} "employee" means an employee of the City of Kitchener who is a full-time
fire fighter as defined in the ~~r° ~°~~ °~~ °~ Fire Protection and
Prevention Act, 1997, as amended, but does not include a Fire Chief, a
Deputy Fire Chief oravolunteerfirefighter;
Note definition from FPPA:
"firefighter" means a fire chief and any other person employed in, or appointed to, a fire
department and assigned to undertake fire protection services, and includes a volunteer
firefighter;
fib} "sick leave" means absence from work by reason of illness or ~~1
injury for which compensation is not payable under the '
~e~ ~ Workplace Safety and Insurance Act, 1997, as amended;
(c} "Family Medical leave" means absence from work for the purpose of
attending to the illness of a family member in accordance with Council
Policy Resolution -Human Resources Policy Number II-265;
~d} "net credits" means the unused sick leave credits of any employee at any
relevant time;
fie} "service" for the purpose of sections 4 and 5 shall be reckoned as at the
date of termination and shall not include periods of approved leave of
absence greater than 30 days in length unless Provincially legislated, but
shall include periods during which the employee is on normal vacation or
sick leave;
f} ~~ i romo n~F" in ~°~ e~~~° biro ('hiof ~nrl ~lor~i i~~i ~i~ro ('hiof mo~n~
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~f) "retirement" means a person who has terminated his or her employment as
an employee and is in receipt of an OMERS retirement pension;
fig} "City" means The Corporation of the City of Kitchener.
2. There shall continue to be a Sick Leave credit plan for the employees to which
this by-law applies.
3. Any employee on sick leave shall be entitled to receive full pay and benefits as
though he or she had worked on a dayforday basis to the full extent of his or her
net credits.
4.~1} Each employee in the service of the City a~~a~~-^~t~~-°~~ °~+ ^f t~;~
on October 12, 1971 shall be entitled to his or her net credits at that date
plus one and one-half days sick leave credit for each full month of service
thereafter.
~2} Each employee who becomes an employee of the City after t~~~e~f
°~+ ^f t~,?-~~t+o-r October 12, 1971 shall receive one and one-half days
sick leave credit for each full month of service.
~3} For the purpose of calculating the net credits of an employee who had less than
six ~6} months service ~t~~° ^f °~~^ °~+ ^f t~~-~-~t+on on October 12,
1971, subsection ~2} shall be deemed to have been in force from the date the
employee became an employee.
5. When the employment of an employee who has less than five years service is
terminated by death or retirement, the net credits of that employee shall be paid
to him or her on the basis of his/her normal salary or other remuneration at the
date of termination.
6. When the employment of an employee who has more than five years service is
terminated by death or retirement, the net credits of that employee shall be paid
to him/heron the basis of his/her normal salary or other remuneration at the date
of termination, provided, however, that no employee shall be entitled to receive
more than an amount equal to one half year's earnings at the rate received by
him/her immediately priorto termination of employment.
7. When the employment of an employee who has more than five years service is
terminated by voluntary resignation or dismissal, one half the net credits of that
employee shall be paid to him/her on the basis of his/her normal salary or other
remuneration at the date of termination, provided, however, that no employee
shall be entitled to receive more than an amount equal to one-half year's
earnings at the rate received by him/her immediately prior to termination of
employment.
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8. The sums payable under sections 5, 6 and 7 of this By-law may be paid in a lump
sum or in such number of equal monthly instalments as may be agreed upon.
9. An employee shall be entitled to use a portion of his or her net credits for Family
Medical Leave in accordance with Council Policy Resolution -Human Resources
Policy Number II-265.
10. In the case of any absence greater than two days in duration, the employee may
be required to establish that the absence was due to illness or +~~~ injury
by means of a medical certificate or other satisfactory evidence.
11. Nothing in this By-law affects any employee's right to a pension on retirement,
nor in any way precludes Council consideration of a supplementary pension.
PASSED at the Council Chambers in the City of Kitchener this
day of
A.D. 2008.
Mayo r
Clerk
BY-LAW NUMBER
OF THE
CORPORATION OFTHE CITYOF KITC~ENER
~A by-law respecting sick leave credits for
employees of the City of Kitchener}
The Council of The Corporation of the City of Kitchener enacts as follows:
1. In this by-law:
~a} "employee" means any person who is a full-time permanent employee of
The Corporation of the City of Kitchener but does not include fire fighters or
the employees of any local board;
fib} "sick leave" means absence from work by reason of illness, injury for which
compensation is not payable under the Workplace Safety and Insurance
Act, 1997, as amended;
(c) "Family Medical leave" means absence from work for the purpose of
attending to the illness of a family member in accordance with Council
Policy Resolution -Human Resources Policy Number II-265;
~d} "net credits" means the unused sick leave credit of any employee at any
relevant time;
fie} "service" for the purpose of sections 4 and 5 shall be reckoned as at the
date of termination and shall not include periods of approved leave of
absence greater than 30 days in length unless Provincially legislated, but
shall include periods during which the employee is on normal vacation or
sick leave;
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~f) "retirement" means a person who has terminated his or her employment as
an employee and is in receipt of an OMERS retirement pension;
fig} "City" means The Corporation of the City of Kitchener.
2. There shall continue to be a Sick Leave credit plan for employees of the City.
3. Any employee on sick leave shall be entitled to receive full pay and benefits as
though he or she had worked on a dayforday basis to the full extent of his or her
net credits.
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4.~1} Each employee in the service of the City a~~a~~-n~t~~-°~~ °~+ of t~;~
on October 12, 1971 shall be entitled to his or her net credits at that date
plus one and one-half days sick leave credit for each full month of service
thereafter.
~2} Each employee who becomes an employee of the City after t~~~e~f
°~+ of ~,?-~~~o-r October 12, 1971 shall receive one and one-half days
sick leave credit for each full month of service.
~3} For the purpose of calculating the net credits of an employee who had less than
six ~6} months service ~~~ ~~ , °~+ ^f t~~-~-~t+on on October 12,
1971, subsection ~2} shall be deemed to have been in force from the date the
employee became an employee.
5. When the employment of an employee who has less than five years service is
terminated by death or retirement, the net credits of that employee shall be paid
to him or her on the basis of his/her normal salary or other remuneration at the
date of termination.
6. When the employment of an employee who has more than five years service is
terminated by death or retirement, the net credits of that employee shall be paid
to him/heron the basis of his/her normal salary or other remuneration at the date
of termination, provided, however, that no employee shall be entitled to receive
more than an amount equal to one half year's earnings at the rate received by
him/her immediately priorto termination of employment.
7. When the employment of an employee who has more than five years service is
terminated by voluntary resignation or dismissal, one half the net credits of that
employee shall be paid to him/her on the basis of his/her normal salary or other
remuneration at the date of termination, provided, however, that no employee
shall be entitled to receive more than an amount equal to one-half year's
earnings at the rate received by him/her immediately prior to termination of
employment.
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8. Notwithstanding sections 5, 6 and 7, eligibility of an employee for payment of any
portion of hislher net credits upon termination of employment due to death,
retirement, voluntary resignation or dismissal, shall be determined by an
employee's last continuous hire date and Employee Group.
Employees in the following Employee Groups hired after the dates set out below
are not eligible for payment of any portion of hislher net credits upon termination
of employmentdueto death, retirement, voluntary resignation ordismissal:
Non-Union / Mana_. eq ment -Employees hired after July 7, 1997
C.U.P.E. Local #791 -Employees hired after July 1, 2002
C.U.P.E Local #68 Civic Unit -Employees hired after June 1, 2002
C.U.P.E. Local #68 Mechanics Unit -Employees hired after June 1, 2002
I.B.E.W. Local #636 -Employees hired after May 1, 2003
9. The sums payable under sections 5, 6 and 7 of this By-law may be paid in a lump
sum or in such number of equal monthly instalments as maybe agreed upon.
10. An employee shall be entitled to use a portion of his or her net credits for Family
Medical Leave in accordance with Council Policy Resolution -Human Resources
Policy Number II-265.
11. In the case of any absence greater than two days in duration, the employee may
be required to establish that the absence was due to illness or injury by means of
a medical certificate or other satisfactory evidence.
12. Nothing in this By-law affects any employee's right to a pension on retirement,
nor in any way precludes Council consideration of a supplementary pension.
PASSED at the Council Chambers in the City of Kitchener this
day of
A.D. 2008.
Mayo r
Clerk