BYLAW NO. 1842 - Employee Bylaw 2019

Employee Bylaw No. 1842, 2019

City of Langford
BYLAW NO. 1842
A Bylaw to establish terms and conditions of employment for City employees.

Citation

1. This Bylaw may be cited as “Employee Bylaw No. 1842”.

Definitions

2. In this Bylaw:

• CALENDAR YEAR
  means the twelve (12) month period from January 1st to December 31st inclusive.

• CASUAL EMPLOYEE
  means an employee who works on an as required, on-call basis.

• CHIEF ADMINISTRATIVE OFFICER (CAO)
  means the employee appointed as Chief Administrative Officer (CAO) by Council, and includes their deputy.

• CITY
  means the City of Langford.

• COUNCIL
  means the Council of the City of Langford.

• DEPARTMENT HEAD
  means an employee’s supervisor, who is in a management position.

• DIRECTOR OF CORPORATE SERVICES
  means the employee appointed as Director of Corporate Services by Council or the CAO, and includes their deputy.

• FULL-TIME
  means being employed to work:
  a) 35 hours per week, for an inside employee; or
  b) 40 hours per week, for an outside employee.

• IMMEDIATE FAMILY
  means the spouse, child, parent, guardian, sibling, grandchild or grandparent of an employee.

• INSIDE
  refers to an employee who normally works inside of an office, and who does not normally perform physical labour.

• LAYOFF
  means a week during which an employee earns less than 50% (fifty percent) of his or her weekly wages, at his or her regular rate of pay, averaged over the previous eight weeks.

• MANAGEMENT
  refers to an employee who:
  a) Holds the title of “Manager”, “Director”, or “Chief”; and
  b) Includes a person’s appointed deputy.

• MEDICAL PRACTITIONER
  means a medical practitioner who is a registrant of the College of Physicians and Surgeons of British Columbia.

• PARENTAL LEAVE
  means a leave taken pursuant to the pregnancy leave or the parental leave provisions of the Employment Standards Act.

• OUTSIDE
  refers to an employee who normally does not work inside of an office, and who may normally perform physical labour.

• PART-TIME EMPLOYEE
  means an employee who is scheduled to work less than full-time hours for their classification, and is not specifically engaged on a casual basis.

• REGULAR EMPLOYEE
  means a person employed in a position with the City for an indefinite period of time.

• TEMPORARY EMPLOYEE
  means an employee who is regularly scheduled to work full-time or part-time hours for a fixed or defined term of employment, and includes employees whose term of employment is fixed by reference to a defined quantity, e.g. for the duration of another employee's leave.

• TEMPORARY LAYOFF
  means a period of layoff of up to 13 weeks duration in any consecutive 20 week period.

• TERMINATION
  means the City’s termination of an employee’s employment, including a layoff that is not temporary, but excluding:
  a) Resignation,
  b) Retirement, and
  c) The scheduled end of temporary employment.

Application

3. This Bylaw applies to all City employees, except employees working under a collective agreement, such as the City’s collective agreement with:
   a) the International Association of Firefighters, Local 2848; and
   b) the Canadian Union of Public Employees, Local No. 50.

4. When an employee has a contract of employment with the City, the contract takes precedence, and this Bylaw applies only in the case that a term or condition of employment is not regulated by their employment contract.

5. A person employed by the City in a position which is fully or partially funded by a grant requiring specific employment terms must abide by those employment terms, and this Bylaw applies only in the case that a term or condition of employment is not regulated by grant requirements.

6. Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated or replaced from time to time.

General

7. The City values diversity and is committed to being an inclusive and healthy workplace.

8. The City will establish job descriptions for all employees.

9. Employees must abide by any policies set by Council or the CAO from time to time.

10. Employees must disclose any conflict of interest to their Department Head upon commencement of employment, or upon knowledge of the conflict of interest, whichever is sooner.

Probationary Period

11. All newly-hired regular full-time employees must serve a probationary period not exceeding six (6) consecutive months from the commencement of employment, to assess their suitability for employment.

12. All newly-hired regular part-time employees must serve a probationary period not exceeding twelve (12) consecutive months from the commencement of employment, to assess their suitability for employment.

13. During an employee’s probationary period, the City may terminate the employee for unsuitability on payment of two weeks’ salary, less applicable statutory deductions.

Work Hours

14. The normal work day for inside staff consists of a scheduled period of seven (7) hours of work between the hours of 8:30 am and 4:30 pm, with one (1) hour off, unpaid, for lunch.

15. The normal work day for outside staff consists of a scheduled period of eight (8) hours of work between the hours of 8:00 am and 4:30 pm, with one (1) hour off, unpaid, for lunch.

16. Employees are permitted a paid fifteen (15) minutes rest period in each of the first half and the second half of the work day.

17. Employees may not use paid rest periods or unpaid lunch breaks to shorten their work day, i.e. at the beginning or end of the workday.

18. Working hours may be modified by resolution of Council to establish a flex day program.

19. The normal work week for all employees consists of Monday to Friday, inclusive.

20. The CAO is authorized to approve temporary or permanent exceptions to the normal work day and normal work week, where it is operationally required, for any position.

21. Any changes to an employee’s normal work day or normal work week may be implemented by the City with five (5) days’ notice to the regular employee.

22. Despite section 21, management employees may be required to alter their work hours as needed to meet operational requirements.

Overtime

23. Subject to section 18 above, all time worked outside of a regular full-time employee's normal work day or normal work week is considered overtime and is paid as follows:
    a) On an employee's normal work day, time and one-half until the employee has worked 11 hours, and double time thereafter; and
    b) On an employee's regularly scheduled day of rest, double time.

24. Regular part-time employees, temporary employees, and casual employees, are entitled to be paid overtime in accordance with the Employment Standards Act.

25. Except in emergency situations, an employee must obtain their Department Head’s authorization before working any overtime.

26. Regular full-time employees may request paid time off in lieu of overtime pay, and may bank at overtime rates, overtime hours worked for that purpose.

27. Regular full-time employees may bank up to one (1) normal work week of overtime.

28. Employees may not take banked overtime as paid time off exceeding:
    a) Forty (40) hours per calendar year for outside employees, and
    b) Thirty-five (35) hours per calendar year for inside employees.

Call-Out

29. A regular full-time or regular part-time employee who is called back to work after the employee has completed their work day and has left the workplace will receive a minimum of two (2) hours pay at the appropriate overtime rates.

30. A regular full-time or regular part-time employee who is not normally scheduled to work on a weekend and is called back to work on a weekend will receive a minimum of two (2) hours pay at the appropriate overtime rates for work on a weekend.

31. If the City of Langford activates its Emergency Operations Centre, an employee may be required to report to the Emergency Operation Centre to assist with emergency management, after ensuring the safety of their family and property.

Salaries

32. The CAO and the Director of Corporate Services are authorized to maintain a salary for all employee positions.

33. Salaries for all employee positions will have four increments: probationary, step 1, step 2 and step 3.

34. Employees will receive salary increments as follows:
    a) New City employees will begin at the probationary salary increment, unless otherwise negotiated with their Department Head, CAO, or the Director of Corporate Services;
    b) Upon satisfactory completion of the probationary period set out in sections 11 and 12, an employee may be advanced to the next salary increment;
    c) Further salary advancement may be granted after serving a minimum of twelve (12) months at the previous step; and
    d) Advancement to any new salary increment must be earned, and is at the discretion of the Department Head, based upon personal observation, supervisor recommendation or completed performance appraisal.

35. All employees must arrange for the Payroll Department to electronically deposit their net payroll earnings in a financial institution of their choice.

36. The City will pay employees every second Friday.

37. Employees will receive an information slip setting out complete details for gross wages and payroll deductions for each bi-weekly period.

Pay for Relieving a Higher-Paid Position

38. When an employee is appointed by the City to perform the full duties of any higher-paid position than their own for at least one normal work day, they will receive a pay increase for the time spent in the higher position.

39. The pay increase established in section 38 will be whichever is greatest of the following:
    a) The probationary salary for the higher position, or
    b) An amount equal to one salary increment above the employee’s regular salary, or
    c) An amount equal to five (5) percent above the employee's regular salary.

40. In the event the employee does not perform the full duties of the higher position, their Department Head and Director of Corporate Services will determine the appropriate pay adjustment.

Statutory Holidays

41. The City will observe the following as paid statutory holidays:
    a) New Year's Day,
    b) Family Day,
    c) Good Friday,
    d) Easter Monday,
    e) Victoria Day,
    f) Canada Day,
    g) BC Day,
    h) Labour Day,
    i) Thanksgiving Day,
    j) Remembrance Day,
    k) Christmas Day,
    l) Boxing Day, and
    m) Any other day declared or proclaimed a statutory or public holiday by the City, Province of British Columbia, or the Government of Canada.

42. If a statutory holiday falls on a non-working day, the City will follow the Province of British Columbia when designating either the working day immediately preceding the holiday or the working day immediately following the holiday to be observed in lieu of said holiday.

43. If an employee is required to work on a statutory holiday they will, in addition to their holiday pay, be paid at double their regular or equivalent hourly rate.

44. Entitlement to statutory holiday pay is determined in accordance with the applicable provisions of the Employment Standards Act.

45. If a statutory or public holiday occurs during an employee's annual vacation period, the employee will receive an extra day's vacation with pay.

Annual Vacation

46. Regular employees are entitled to the following paid days of vacation:
    a) During the first (1st) calendar year of service: one-twelfth of fifteen working days for each month or portion of a month greater than one-half (1/2) worked by December 31st;
    b) During the second (2nd) calendar year of service and up to the end of the fourth (4th) calendar year of service: fifteen (15) working days;
    c) During the fifth (5th) calendar year of service, and up to the end of the eighth (8th) calendar year of service: eighteen (18) working days;
    d) During the ninth (9th) calendar year of service, and up to the end of the sixteenth (16th) calendar year of service: twenty-three (23) working days;
    e) During the seventeenth (17th) calendar year of service, and up to the end of the twenty-fourth (24th) calendar year of service: twenty-eight (28) working days;
    f) During the twenty-fifth (25th) calendar year of service, and up to the end of the twenty-ninth (29th) calendar year of service: thirty (30) working days;
    g) During the thirtieth (30th) calendar year of service, and each calendar year thereafter: thirty-three (33) working days.

47. A temporary employee whose term of employment is one year or more is entitled to paid vacation in accordance with Section 46 as if the temporary employee were a regular employee, except that their vacation in the last calendar year of the term will be prorated accordingly.

48. Temporary employees whose terms of employment are less than one year, and casual employees, are not entitled to paid vacation, but will receive payment of four percent (4%) of their salary on each pay cheque in lieu of paid vacation.

49. When a person commences employment with the City, the CAO or Director of Corporate Services may grant past service credits for calculating vacation entitlements under section 46.

50. Vacation pay is at the employee’s rate of pay at the time they take their vacation.

51. Temporary employees will accumulate years of service for the purpose of calculating their vacation time in a subsequent term of employment, and the priority of their vacation preference.

52. A temporary employee who becomes a regular employee will have time already worked applied when calculating vacation time and the priority of their vacation preference.

53. Vacation scheduling must be mutually agreed upon by the employee and their Department Head.

54. Preference in choice of vacation period is given to the employee with the greater length of service with the City.

55. Employees may carry over or receive pay for accrued, unused vacation time as follows:
    a) Employees entitled to paid vacation may carry over up to ten (10) calendar days of vacation at the end of a calendar year;
    b) With the approval of the CAO, an employee may carry over additional days of vacation; and
    c) The City will pay an employee out for days of vacation which the employee is not permitted to carry over, or chooses not to carry over to the next calendar year.

56. A terminated employee will be paid out for accrued, unused vacation at the employee's rate of pay at the date of termination.

57. A terminated employee’s vacation entitlement in the year of termination will be prorated accordingly.

58. Should illness, exceeding five (5) consecutive days, as certified by a medical practitioner, occur during annual vacation, replacement vacation days may be granted, subject to approval by the CAO.

59. Regardless of any disruption to scheduled vacation, employees are required to return to work at the end of their scheduled vacation period, and additional days may be granted at a later date.

60. An employee will not accrue vacation during the following period(s):
    a) The entire period of a layoff;
    b) The part of an absence on sick leave (whether paid or unpaid) and long-term disability that exceeds two (2) years;
    c) The part of an absence on a workers’ compensation claim that exceeds two (2) years; and
    d) The part of an unpaid leave of absence that exceeds twenty (20) consecutive working days (excluding leaves pursuant to the Employment Standards Act).

Leave of Absence

61. To the extent possible, a leave of absence of any type and its terms must be documented in writing prior to the absence.

62. In addition to the leaves of absence discussed below, the CAO may grant a leave of absence without pay to a regular employee if requested, and if operational requirements allow.

63. Denial of a leave of absence request must be made in writing.

Employment Standards Act Leaves

64. Pursuant to the Employment Standards Act, employees whose circumstances meet the eligibility requirements of that Act are entitled to compassionate care leave, reservists’ leave, leave respecting the disappearance of a child, and leave respecting the death of a child.

Jury Duty / Attendance at Court

65. Any employee required to attend court as a witness or to report for jury duty, except where the employee's private affairs have caused the court appearance, will receive their regular rate of pay for the absence from regularly scheduled days of work, provided the employee pays to the City all remuneration received for performing such witness or jury duty on regularly scheduled days of work.

Bereavement Leave

66. Temporary employees and casual employees are entitled to bereavement leave in accordance with the Employment Standards Act.

67. The City will grant a regular employee bereavement leave in accordance with the provisions of the Employment Standards Act, except that the City will pay the employee for three (3) of the leave days taken by the employee, on the death of:
    a) A member of the employee’s immediate family;
    b) A member of the family of the employee’s spouse (whether by marriage or common-law relationship), limited to the spouse’s parents, guardians, siblings, grandchild, and grandparents;
    c) The employee’s step-child, step-parent, step-sibling, or step-grandparent, whether by marriage or common-law relationship; or
    d) The employee’s foster-child, foster-parent, foster-sibling, or foster-grandparent.

Compassionate Leave

68. The City will grant a regular employee a maximum of three (3) days of compassionate leave with pay, if one of the following members of the employee’s family is suffering from a life-threatening condition due to illness or accident:
    a) A member of the employee’s immediate family;
    b) A member of the family of the employee’s spouse (whether by marriage or common-law relationship), limited to the spouse’s parents, guardians, siblings, grandchild, and grandparents;
    c) The employee’s step-child, step-parent, step-sibling, step-grandparent, whether by marriage or common-law relationship; and
    d) The employee’s foster-child, foster-parent, foster-sibling, foster-grandparent.

69. Subject to the approval of their Department Head, regular and temporary employees will be granted the following paid compassionate leave to attend a funeral:
    a) One half (0.5) day to attend a funeral in the Greater Victoria area; or
    b) One (1) day to attend a funeral if the funeral is outside of the Greater Victoria area.

70. Compassionate leave authorized in section 69 is in addition to any bereavement leave or other compassionate leave to which the employee is entitled under this Bylaw.

71. Additional compassionate leave with pay may be granted, subject to approval by the CAO, and will be deducted from an employee’s sick leave.

Family Responsibility Leave

72. An employee is entitled to unpaid family responsibility leave in accordance with the Employment Standards Act.

73. An employee must notify their supervisor of their need to be absent on family responsibility leave as soon as practicable.

Personal / Emergency Leave

74. If an employee has at least 160 hours of accrued sick leave, they may use a maximum of five (5) sick leave days per calendar year to obtain pay for absences on family responsibility leave pursuant to section 72, or paid personal / emergency leave, or a combination thereof.

75. An employee must get prior approval for personal / emergency leave from their Department Head, and schedule the leave to meet operational requirements.

76. In the event of an emergency or unforeseeable occurrence, the employee must notify their supervisor of their absence on personal / emergency leave as soon as practicable.

Parental Leave

77. Employees are entitled to parental leave, as defined in this Bylaw, in accordance with the Employment Standards Act.

78. Subject to the Employment Standards Act, an employee must give the City at least four (4) weeks written notice before beginning parental leave, including the intended length of leave.

79. An employee on parental leave is entitled to the same employee benefits they received during employment, including pension, health insurance, life insurance, disability, dental and medical.

80. An employee on parental leave will continue to accrue years of service.

81. The City and the employee are responsible for paying the same portion of employee benefits during parental leave as during employment.

82. An employee on parental leave will be made aware of the following in a timely fashion:
    a) Job opportunities that they are eligible for,
    b) Changes to their job,
    c) Any opportunities to participate in consultations regarding working conditions that are provided to employees who are at the workplace.

83. An employee on parental leave will receive any pay increase that comes into effect while they are on leave.

84. An employee on parental leave must inform their Department Head a minimum of 2 weeks prior to their return to work.

85. An employee who breastfeeds will be provided with accommodation for this purpose, which may include:
    a) A suitable and clean place to breastfeed or express milk,
    b) A suitable and clean place to store that milk, and
    c) Longer or extra breaks for the purpose of breastfeeding or expressing milk.

Educational Leave of Absence

86. Employees are entitled to a paid educational leave of absence to write examinations to upgrade employment qualifications related to their current job description.

87. Any other educational leave of absence for job-related education or training is subject to the following approval procedures:
    a) A request for a paid educational leave of absence meeting the following criteria is subject to approval by the Department Head:
    i. A maximum of two calendar days in duration, including travel;
    ii. Does not involve travel off Vancouver Island; and
    iii. Does not include an overnight stay;
    b) A request for a paid educational leave of absence meeting the following criteria is subject to approval by the CAO, Director of Corporate Services and Department Head:
    i. Longer than two calendar days in duration, including travel;
    ii. Involves travel off Vancouver Island; or
    iii. Includes an overnight stay;
    c) Prior to any educational leave of absence that is longer than one (1) month, the CAO must determine whether health and welfare benefits will be provided during the leave, subject to section 107; and
    d) Approval of an educational leave of absence is subject to operational requirements.

Training

88. Courses approved by the City for job-related training will be paid by the City upon satisfactory evidence in writing that the employee has obtained a passing mark.

89. Any work- or training-related travel off Vancouver Island is subject to approval by the CAO.

Professional Membership

90. The City will pay membership dues for professional memberships or designations for the following employees, and in accordance with sections 91 and 92:
    a) Regular full-time employees, and
    b) Part-time employees who have been employed with the City for more than three (3) years and work at least 24 hours per week for the City.

91. The City will pay the following membership dues for the employees designated in section 90, and in accordance with section 92:
    a) Dues for a professional membership or designation that an employee must maintain as part of their employment, or as defined in their job description, and
    b) A Department Head may approve payment of membership dues for additional professional memberships or designations, if they are related to an employee’s job.

92. Cumulative professional membership and designation dues of over $1000 per year are subject to approval by the CAO or Director of Corporate Services.

Pension

93. All eligible regular employees must participate in the Municipal Pension Plan in accordance with the requirements of that Plan, as a condition of their continued employment.

94. Eligible temporary employees may participate in the Municipal Pension Plan in accordance with the requirements of that Plan.

95. Eligible regular employees, and eligible temporary employees electing to participate in the Municipal Pension Plan, will participate in the Municipal Pension Plan from the commencement of their employment with the City.

96. The City will pay employer pension contributions in accordance with the Municipal Pension Plan in respect of each City employee participating in that Plan, subject to sections 112 and 113.

97. In respect of an employee absent from work on unpaid leaves of absence pursuant to the Employment Standards Act, the City will pay employer pension contributions to the Municipal Pension Plan in respect of that employee for the period of the leave, if the employee chooses to pay the employee pension contributions for that period and such contributions are permitted by the Municipal Pension Plan.

Benefits

98. The City will provide the following health and welfare benefits to each regular full-time employee:
    a) Group Life Insurance equal to two (2) times annual salary, rounded to the next higher $1000, up to a maximum of $500 000;
    b) Accidental Death and Dismemberment insurance equal to the participant’s Group Life Insurance benefit amount;
    c) British Columbia Medical Services Plan costs;
    d) Extended health benefits, as approved by Council from time to time;
    e) Dental benefits, as approved by Council from time to time;
    f) Long-term disability benefits; and
    g) Counselling services through an employee and family assistance program.

99. Regular part-time employees will participate in the benefits listed under section 98 except:
    a) Group life insurance,
    b) Accidental death and dismemberment, and
    c) Long-term disability.

100. Temporary full-time employees whose terms of employment are one year or more may participate in the benefits listed under section 98.

101. Temporary part-time employees whose terms of employment are one year or more may participate in the benefits provided to regular part-time employees pursuant to section 99.

102. All of the benefits listed in section 98 are 100% (one hundred percent) City-paid, except for long-term disability benefits, which are 100% (one hundred percent) employee-paid.

103. A regular or temporary employee’s participation in the health and welfare benefits commences upon completion of a six month waiting period, unless the employee is entitled to select the payment of a premium in lieu of benefits pursuant to section 110 and selects such payment, and subject to section 104.

104. Despite section 103, the CAO or Director of Corporate Services may waive the waiting period for enrolment in the City's benefits plans.

105. The City's responsibility for the provision of health and welfare benefits is restricted to payment of the premiums which the City must pay pursuant to Section 102.

106. The City may discontinue an employee’s insurance coverage if it is no longer available through an insurance policy with the City’s usual insurance carrier.

107. The City will continue to pay the benefit premiums for which it is responsible pursuant to section 102 in respect of employees absent from work in the following circumstances, so long as permitted by the applicable carrier:
     a) Sick leave (whether paid or unpaid) and/or long-term disability up to a maximum period of two (2) years for a single period of absence;
     b) Workers’ compensation leave up to a maximum period of two (2) years for a single period of absence;
     c) Leaves of absence pursuant to the Employment Standards Act;
     d) Jury Duty / attendance at court up to a maximum period of two (2) years;
     e) Bereavement leave;
     f) Compassionate leave under this Bylaw;
     g) Family Responsibility leave;
     h) Personal / emergency leave;
     i) Parental leave; and
     j) Paid educational leave up to a maximum period of one (1) month.

108. An employee absent from work in the following circumstances may continue benefit coverage during the absence by paying the full cost of the premiums or the actual cost of the benefit, as applicable:
     a) Layoff;
     b) Unpaid leave of absence (excluding leaves pursuant to the Employment Standards Act, and the part of an absence on sick leave and long-term disability that does not exceed two (2) years);
     c) Long-term disability (including the elimination period) that exceeds two (2) years for a single period of absence; or
     d) Workers’ compensation leave that exceeds two (2) years for a single period of absence.

Payment in Lieu of Benefits

109. Temporary employees whose terms of employment are less than one year, and casual employees, will receive a premium consisting of the following additional percentage of their normal salary in lieu of health and welfare benefits, subject to sections 112-113:
     a) Four percent (4%) for part-time employees; or
     b) Nine percent (9%) for full-time employees.

110. A temporary employee whose term of employment is one year or more may choose between the following two options:
     a) Paid vacation, and enrolment in the health and welfare benefits in which they are entitled to participate pursuant to sections 100 or 101; or
     b) Payment in lieu of paid vacation of four percent (4%) of their normal salary, and payment of a premium pursuant to section 111 in lieu of enrolment in the health and welfare benefits.

111. Temporary employees whose terms of employment are one year or more that choose not to participate in the health and welfare benefits, may receive a premium consisting of the following additional percentage of their normal salary in lieu of those benefits, subject to sections 112 or 113:
     a) Four percent (4%) for part-time employees;, or
     b) Nine percent (9%) for full-time employees.

112. If an employee receiving the premium established in sections 109 or 111 participates in the Municipal Pension Plan, then the premium will be reduced proportionate to the City’s required contribution to the Municipal Pension Plan, subject to section 113.

113. If an employee participates in the Municipal Pension Plan, and the City’s required Municipal Pension Plan contribution exceeds the premium established in sections 109 or 111, whichever is applicable, then that employee must pay the difference through automatic payroll deductions.

114. The financial implications of any payment in lieu of benefits or automatic payroll deduction established under sections 109-113 will be explained by the City to the employee prior to signing any enrolment paperwork.

Employee Assistance Program

115. The City will provide an employee assistance program which will entitle an employee to at least six (6) hours annually of confidential and professional counselling, in addition to any counselling services provided as an extended health benefit.

Dental Plan

116. Dental benefits have the following coverage:
     a) Basic Dental Services: Plan pays 100% (one hundred percent) of approved schedule of fees;
     b) Prosthetics, crowns and bridges: Plan pays 50% (fifty percent) of approved schedule of fees; and
     c) Orthodontics: Plan pays 50% (fifty percent) of approved schedule of fees to a maximum of $2500 per person per lifetime, for children under 18 (eighteen) years of age only.

Long-term Disability

117. Long-term disability benefits have the following coverage:
     a) Benefits are available after an elimination period of 119 days;
     b) Amount of benefits is equal to 66% (sixty-six percent) of an employee’s monthly salary or wages, to the maximum allowable under the plan; and
     c) Benefits are payable to age 65.

118. If an employee has reached two years of leave on long-term disability, including the initial elimination period, and is not able to return to active employment, the City may consider terminating the employment of the employee on the basis that the employment contract has been frustrated.

Workers’ Compensation Supplement

119. If an employee suffers a personal injury or an occupational disease, as a result of their employment by the City, which the Workers’ Compensation Board determines is compensable under the Workers’ Compensation Act, and the employee is prevented by the personal injury or occupational disease from performing their regular work with the City, the City will pay the employee their regular salary during the period in which the employee is entitled to workers’ compensation wage loss benefits for temporary disability, provided the employee gives those wage loss benefits to the City.

120. If an employee has reached two years of leave on workers’ compensation benefits, and is not able to return to active employment, the City may consider terminating the employment of the employee on the basis that the employment contract has been frustrated.

Sick Leave

121. Regular full-time employees and temporary employees with a term exceeding one year will receive one and one half (1.5) days paid sick leave per month of service, to be used when unable to work due to illness.

122. Regular part-time employees and part-time temporary employees with a term exceeding one year will accrue sick leave in accordance with section 121 on a prorated basis based on their hours worked.

123. Employees may use sick leave for medical appointments if it is impracticable to schedule an appointment outside of working hours.

124. If an employee’s initial month of service represents less than 51% (fifty-one percent) of the days in the month, they will not receive sick leave for that month.

125. An employee’s unused sick leave will accrue to a maximum of one hundred fifty (150) days.

126. The City may require proof of illness, signed by a medical practitioner, before sick leave is granted for more than five (5) consecutive working days.

127. No payment or compensation of any kind for unused sick leave will be paid to any current or departing employee.

128. Short-term disability is provided by an employee’s accrued sick leave.

129. No employee will accrue sick leave during the following period(s):
     a) The entire period of a layoff;
     b) The part of an absence on sick leave (whether paid or unpaid) and long-term disability that exceeds two (2) years;
     c) The part of an absence on a workers’ compensation claim that exceeds two (2) years;
     d) The part of an unpaid leave of absence that exceeds twenty (20) consecutive working days (excluding leaves pursuant to the Employment Standards Act).

Layoff

130. The City may lay off an employee in its sole discretion without notice.

131. The CAO is authorized to lay an employee off.

132. An employee who is laid off for longer than a temporary layoff is deemed to have been terminated at the beginning of the layoff, for the purpose of determining continuity of employment.

133. Layoff notice must be given in writing.

Discipline and Termination

134. Any employee may be subject to immediate termination, suspension or discipline for just cause upon the recommendation of the Department Head or the CAO.

135. An employee’s Department Head, the CAO, or Director of Corporate Services are authorized to discipline an employee for just cause, including verbal reprimand or written reprimand.

136. The CAO is authorized to terminate or suspend an employee’s employment.

137. Notice of termination must be given in writing.

138. The City may terminate the employment of regular employees without just cause by providing notice of termination or pay in lieu of notice on the following basis:
     a) Regular employees will receive four (4) weeks’ notice of termination or pay in lieu, after one (1) calendar month of service; and
     b) Regular employees will receive one additional week's notice of termination or pay in lieu for each complete continuous year of service exceeding four (4) years continuous service, to a maximum of twelve (12) weeks.

139. Temporary employees will not receive notice of termination or pay in lieu at the end of their term of employment.

140. The City may terminate the employment of an employee for just cause, and without notice.

141. The City has sole discretion to determine in each case whether termination notice will be given in the form of working notice, pay in lieu, or some equivalent combination thereof.

142. The City may, in its sole discretion, discharge its obligation to provide notice of termination, or pay in lieu of notice, by offering an employee reasonable alternative employment.

Dispute Resolution

143. Any employee concerned with the interpretation and application of this Bylaw must submit such concerns in writing to the CAO, who will meet with the employee within three (3) business days and attempt to resolve the dispute.

Severability

144. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the Bylaw is deemed valid.

Repeal

145. The “District of Langford Employee Terms and Conditions of Employment Bylaw No. 61, 1994”, as amended, is hereby repealed.

I, ____________________________, acknowledge receipt of this Bylaw, and confirm that I have read the Bylaw, that I have had the opportunity to seek independent legal advice, and that I hereby agree to the terms of the Bylaw.

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DATE

READ A FIRST TIME THIS ____ DAY OF ____ 2019.
READ A SECOND TIME THIS ____ DAY OF ____ 2019.
READ A THIRD TIME THIS ____ DAY OF ____ 2019.
ADOPTED THIS ____ DAY OF ____ 2019.

Presiding Council Member

Corporate Officer