Concordia Childcare Employee Policy Manual 2024

Table of Contents

I. Introduction

3

•Statement of Principle

•Goals and objectives

II. Terms of Reference Personnel Committee

3

•Mandate

•Responsibilities

•Membership and meeting

Ill. Employment Categories

4

•Regular full time

•Regular part time

•Casual

•Term

IV. Employment Procedures

4

•Authority to Employ

•Job descriptions

•Qualifications

•Recruitment and selection

•Interview expense

•Moving expense

•Reference checking

•Appointment and employment contracts

•Orientation

•Probationary work period

•Performance review

•Promotions

•Rights and privileges

•Termination and employment

•Employee files

•Confidentiality

•Privacy

•Anti-spam policy

V. Conditions of Employment

8

•Statement of policy

•Seniority for non management positions

•Wage and salary administration

•Hours of work

•Attendance

•Statutory holidays

•Vacation

•Unpaid and special leaves

•Supplemental employment

•Acceptance of gratuities

•Volunteer commitment

•Bonding

•Unauthorized use of centre property

•Change of status

•Dress/conduct

•Use of email, electronic devices and the internet

VI: Expense Reimbursement

14

•Working at special events

•Meals

•Use of personal car auto allowance

•Local travel

•Conference accommodation and travel costs

VII. Employee Benefits

14

•Group health insurance plan

•Group registered retirement savings

•Sick leave

•Extension of health/ dental benefits for employees who are not actively at work due to illness or injury for a prolonged period

VIII. Staff Training and Development

15

•Professional development

•Education fees

•Staff meetings

IX. Discipline Procedures

16

X. Grievance Procedure

16

XI. Health and Safety

17

•Workplace safety and health

•Harassment

•Non-smoking work environment

•Drug and alcohol policy

•Code of conduct policy

Additional Information

19

Respectful Workplace Policy

20

•What Constitutes Harassment

•What Does Not Constitute Harassment

1. INTRODUCTION

1. Statement of Principle

1.1 The Personnel Policy Manual contains policies and procedures upon which to base decisions pertaining to staff matters. The underlying purpose of this document is to outline the policies and procedures which will apply to all employees with respect to the terms and conditions of their employment.

1.2 Nothing in this Manual is intended to contravene the law and regulations of the Province of Manitoba as it applies to conditions of employment or human rights. In the event such a conflict arises, the laws of the Province of Manitoba will be deemed to take precedence over any of the centre policies and regulations.

1.3 Where it is stated that employees must notify or seek approval from the Director, it should be understood that in the case of the Director, the responsibility for approval lies with The Executive Director of The Concordia Foundation.

1.4 Reference to Director/Board of Directors/ Board Chairperson can be interchangeable with Parent Advisory Committee/Owner Operators as is appropriate.

1.5 Consistent and uniform application of policies is essential to maintaining good employee relationships.

1.6 The employer considers itself an Equal Opportunities Employer: the principle whereby employment is based on the qualifications of the applicant rather than upon gender, race, or other factors not related to ability or performance.

1.7 Authority to establish personnel policies rests with The Executive Director of The Concordia Foundation in cooperation with the Centre Director and with input from employees.

2. Goals and Objectives

2.1 The purpose of writing the Personnel Policies Manual has been to facilitate effective management and suggest a unified approach to considerations affecting centre employees and to set forth the policies for the guidance of The Executive Director of The Concordia Foundation, the Parent Advisory Executives and its employed staff.

2.2 It is realized that many of the Personnel Policies deal with generalities. However, it is noted that the subsequent sections are sufficiently detailed to enable the Director to carry out the spirit and intent of the guidelines herein set forth.

2.3 An attempt has been made to be mindful of the basic principles governing the introduction of any centre policies; namely that they be:

• fair and reasonable; not in conflict with appropriate laws and regulations;

• made known to all employees and volunteers; and

• that they are applied consistently and uniformly thereafter.

II. TERMS OF REFERENCE PERSONNEL COMMITTEE

1. Mandate

A Parent Advisory Executive committee will be appointed by The Executive Director of The Concordia Foundation, and the Centre Director, formulate policy recommendations for Parent Advisory Executive committee consideration. The Executive Director of The Concordia Foundation, with the Centre Director, will ensure that the organization has clearly defined employee policies and job descriptions, and is staffed by qualified, motivated people who achieve the desired results efficiently and with a high degree of personal satisfaction.

2. Responsibilities

2.1 The Executive Director of The Concordia Foundation, with the Centre Director, are responsible in the following areas:

• policies and procedures for human resource management;

• personnel, salary and benefits;

• job descriptions for employee positions;

• regular reports from the director concerning all employee changes;

• an appeal forum for employees when required in a grievance;

as required, recruitment, hiring evaluation and termination of Director.

3. Membership and Meetings

3.1 The Parent Advisory Executives meetings will be a chaired by the Chairperson along with the Centre Director.

3.2 The Parent Advisory Executives will hold regular meetings as determined by the Chair and will review employee policies annually.

3.3 Minutes will be kept of the discussions and decisions taken by the Committee and will be on file at the centre and circulated to all staff as applicable/ relevant.

3.4 The Director will be an ex-officio member of the committee, who sits without a vote.

4. Administration Policy

4.1. The administration of employee policies is the responsibility of the Director, who will consult with The Executive Director of The Concordia Foundation and Parent Advisory Executives as necessary.

4.2. The Director will be fully responsible for the work performance and supervision of all employees.

III EMPLOYMENT CATEGORIES

1. Regular Full Time

A regular full-time employee is one who:

• consistently works a minimum of 37.5 hours per week,

• successfully completes the probationary period of 3 months,

• is paid bi-weekly as an hourly/salaried position;

• is eligible for all benefits detailed within the

• Employee Policy Manual, as agreed to within the Employment Contract, including the Manitoba Child Care Association Group Benefits Plan (for MCCA members only).

2. Regular Part Time

A regular part-time employee is one who:

• consistently works less than 37 hours per week

• successfully completes the probationary period of 3 months

• is paid bi-weekly as an hourly position;

• is eligible for all benefits detailed within the Employee Policy Manual, unless otherwise stated in the Employment Contract, including the Manitoba Child Care Association Group Benefits Plan. (Must work a minimum of 20 hours per week.)

3. Casual

A casual employee is one who:

• is employed on an occasional basis (substitute)

• is paid on an hourly rate on the salary scale

• receives vacation pay as required by the Employment Standard code

• is not eligible for MCCA group benefits

4. Term

A term employee is one who:

• is engaged for a specific period of time either to replace a permanent staff member or to complete a specified project;

• is not eligible for benefits unless specifically identified within the Employment Contract.

IV. EMPLOYMENT PROCEDURES

I. Authority to Employ

1.1. The Executive Director of The Concordia Foundation is authorized to hire the Director; approve the terms of employment agreed upon with the person selected; and ensure all employment contracts are duly signed and dated.

1.2. The Director works with The Executive Director of The Concordia Foundation to develop and implement employment practices. Although The Executive Director of The Concordia Foundation delegates authority on daily decisions (including the hiring, employment and termination of staff) to the Director, the Director will consult with the Parent Advisory Executives prior to hiring, employing and terminating employees to ensure all employment policies are duly carried out and to minimize the risk of violating Employment Standards and the Human Rights Code.

2. Job Descriptions

2.1 The Director or designate will be responsible for the preparation and/or approval of a written job description of the duties and responsibilities of each position and The Executive Director of The Concordia Foundation is responsible for the preparation and approval of the Director’s job description.

2.2 Every candidate for a vacant position can ask for and receive the appropriate job description. Every candidate will receive a job description as part of the introductory package prior to the interview for employment.

2.3 Every employee will have a copy of his/her job description.

2.4 Each job description will detail the type of work required by the position.

2.5 Individual job descriptions will be one of the tools for the evaluation of the employee’s performance and will be reviewed for accuracy by the Director and employee during the performance evaluation process.

2.6 Job descriptions will be used for determining salary ranges, planning staff needs and recruiting new personnel.

3. Qualifications

3.1 Opportunity for employment will be open to persons who, on the basis of their training, experience, general knowledge and merit, can demonstrate adequate qualification for the position to be filled.

3.2 Qualifications required of a person applying for each position will be clearly written and made available to all candidates.

3.3 Candidates are required to be accurate and comprehensive in listing their qualifications. Candidates hired on the basis of false credentials are subject to immediate termination without notice.

4. Recruitment and Selection

4.1 The centre normally recruits for employee positions through internal and external competition. Current employees will be informed in writing of all new employment opportunities and requirements, including additional hours/tasks, job descriptions, etc. Interested individuals are to indicate their interest in writing to the Director within one week of the information being circulated.

4.2 The Director, in consultation with The Executive Director of The Concordia Foundation, has the authority to dispense with publication of vacant positions, if appropriate.

4.3 Selection of a candidate for a position will be based on a fair appraisal of qualifications for the position.

4.4 A candidate for a position who believes that the Employee Policy has been violated in any selection process may bring this to the attention of The Executive Director of The Concordia Foundation by a letter received within 48 hours of the interview, describing the violation. That is the sole method of appealing any aspects of the hiring process.

4.5 Generally, candidates will be invited to apply, and to be screened solely on their qualifications for the vacant position. Such qualifications include among other things: past work experience, academic credentials, appropriate talents and skills, and a proven interest in the type of work to be performed.

4.6 Interviews of candidates will be performed in a fair manner. Interview procedures will be substantially the same for all candidates for a given position.

5. Interview Expense

5.1 Travel expenses, generally, will not be covered for candidates. The Director has the discretion to authorize such expenditures, in consultation with The Executive Director of The Concordia Foundation where it may be in the best interests of the employer.

6. Moving Expense

6.1 When an individual has been employed who must move a distance, reasonable moving expenses incurred by the new employee will be considered for reimbursement. All expense reimbursements must be agreed to prior to the start date and should be included in the written offer of employment/ contract. All expenses submitted for reimbursement must be supported by original receipts.

7. Reference Checking

7.1 Applicants must supply the names of two or three references and agree in writing to having those people contacted.

7.2 Before making an offer of employment reference checks must have been made from a prepared list of questions and responses must have been recorded. All references should provide satisfactory information, or should have rational reasons, recorded where there are areas of concern.

7.3 Reference checks will be conducted with former employers unless the applicant has in writing, requested otherwise.

8. Appointment and Employment Contracts

8.1 Following the acceptance of an offer of employment, each new employee will receive a Letter of Offer of Employment which will contain the title of the position, the job description, the rate of pay, the effective probationary work period, the effective date of employment and any other matters agreed to in the employment negotiations. A statement of relevant employee policies and practices will be incorporated in or attached to the letter.

8.2 Two copies of the Letter Offer of Employment will be sent to the new employee. The new employee will sign both copies agreeing to the terms of employment; and return one signed copy to the Director for the employee's file.

9. Orientation

9.1 All new employees will participate in an orientation program either prior to the first day of employment and/or during the first few days of employment.

9.2 The Director is responsible for the development of the orientation program.

10. Probationary Work Period

10.1 Each new employee will be a probationary employee for a period of time, as specified in the Letter of Offer for employees.

10.2 Employees may become eligible for enrollment in the Manitoba Child Care Association sponsored Group Benefits Plan at the discretion of the Centre Director at any time during probation period.

10.3 The employee and the Child Care Centre must be MCCA members in order to participant in the Manitoba Child Care Association Group Benefits Plan.

10.4 Prior to the end of the probationary period, the Director will review the performance of the employee to determine suitability for continued and regular employment. The employee will then be advised concerning continued employment.

10.5 The probationary period may be extended by a further period of up to three months in exceptional circumstances and the employee will be notified in writing of same.

10.6 Following confirmation of regular status, regular full-time and eligible part-time employees who work a minimum of 20 hours per week will required to join the Manitoba Child Care Association Group Benefits Plan.

11. Performance Review

11.1 On-going performance reviews by the Director and/or Supervisor of all employees are to be conducted. In the case of the Director, The Executive Director of The Concordia Foundation will initiate and carry out the review. A formal review of performance will be conducted on all employees prior to their being placed on regular full or parttime employment and annually, thereafter. These reviews will involve:

• work planning - to mutually establish specific short-range and long-range goals and standards of performance and work deadlines. This will include a review and revision of the job description, as mutually determined by the Director and the employee

• performance review - To review performance, with results compared to the goals and standards previously established

11.2 Results and recommendations of performance reviews will be reported within the Director's report to the Parent Advisory Executives and will be added to the employee’s file.

12. Promotions

12.1 The policy of the employer is that open positions should, where possible, be filled by promoting employees qualified for the positions.

12.2 Employees are to be encouraged and are entitled to apply for vacant positions, as well as to request opportunities for professional development in anticipation of positions becoming available within the organization.

12.3 Promotion of employees shall be based on individual performance, efficiency and demonstrated potential following a written evaluation.

13. Rights and Privileges

13.1 After the probationary period is completed, employee rights and privileges take effect from the initial date of employment.

14. Termination of Employment

14.1 Notice period: As required by legislation and after 30 days of full time employment, the employer and the employee must give notice to each other to terminate the employment relationship. The notice period required differs for each:

1. The employer will give the following notice or may pay wages in lieu of the notice equal to what would have been earned during the notice period.

more than 30 days and less than one year one week at least one year and less than three years two weeks at least three years and less than five years four weeks at least five years and less than ten years six weeks at least ten years eight weeks

2. The employee must give the following notice: more than 30 days and less than one year one week more than one year four weeks

3. Vacation time cannot be considered as part of the notice period.

4. No notice is required by either party during the first 30 days of employment.

5. The employer is not required to give notice of termination where employees act in a manner:

• that constitutes willful misconduct

• that constitutes disobedience

• that constitutes willful neglect of duty and the behaviour is not condoned by the employer

• acts in a manner that is violent in the workplace is dishonest in the course of employment

14.2 Dismissal: Following the conclusion of the probationary period when the employee has become a member of the regular staff, the employer may terminate the employment relationship upon the decision of the Director in consultation with The Executive Director of The Concordia Foundation. Reasons for dismissal can include but are not limited to:

• sexual or verbal harassment

• misuse of centre funds

• insubordination

• gross incompetence (actions which cost the centre time and money)

• inappropriate sharing of confidential information

• being under the influence of restricted drugs or alcohol during work hours

• chronic absenteeism

• un-authorized and un-excused absence

• refusal to complete work assigned

• sleeping during work hours

• disregard for child, parent or co-worker’s health and/or safety

• inappropriate internet access

14.3 Resignation is to be in writing in all cases. Length of notice provided should reflect what is stated in the employee’s contract.

14.4 Layoffs

1. Layoffs of full-time employees due to reorganization or shortage of work and/or funds will be implemented by the Director in consultation with The Executive Director of The Concordia Foundation. Job roles, skills, experience and length of service, relating to centre workforce requirements will be considered when determining which employee will be laid off.

2. Employee(s) will be immediately notified in writing.

3. Notice or pay in lieu of notice will be awarded in accordance with the Employment Standards code if the layoff is longer than 8 weeks in a 16 week period, the layoff becomes a termination. Should the employer wish to provide longer notice or pay in lieu, this may be arranged.

14.5 Report of Termination

Upon dismissal or resignation of regular staff, a written report will be provided to The Executive Director of The Foundation by the Director.

14.6 Expiry of Employment for Term Employees

The centre will inform term employees of their employment status two weeks prior to the last pay period. Termination procedures, vacation pay and applicable forms and procedures required by the government and sponsoring bodies of employee positions will be outlined to affected employees.

14.7 Providing references for former employees

References on behalf of former employees to potential employers will be done by the Director with written permission from the former employee, using documented information contained in the employee's file, including information contained in performance review forms that had been signed by the employee.

15. Employee Files

15.1 A confidential file will be maintained for each employee. This file will contain:

• employment contract

• resume of employee

• any pertinent correspondence, including letters of reprimand and discipline

• annual performance appraisal

• salary adjustments

• current job description

• correspondence related to changes in job description

• reference checks

• material relating to promotions, pay and employment

• any applicable payroll tax forms

• copies of criminal record check

• child abuse registry check

• vulnerable sector screening

• first aid & CPR training certificates

• classification certificate

It is recommended to update the follow employee checks as per needed:

• Child Abuse Registry Self-Check Application

• Winnipeg Police Service Police Information Check/Police Vulnerable Sector

• Criminal History Disclosure Statement and Information Release Consent Child Care Centres and Nursery Schools

• Licensee Background Check Verification Declaration Child Care Centres and Nursery Schools

15.2 Employee files will be maintained by and in the care of the Director in a locked cabinet.

15.3 Each employee file will be kept up-to-date.

15.4 Employees will have access to their own employee file by submitting a written request to the Director, at which time a meeting will be scheduled to review the file.

16. Confidentiality

16.1 All employees are required, by the nature of their work, to deal with individuals and groups throughout the community. It is a condition of employment that an employee will carry out assigned duties observing the trust and responsibility integral to the work and in accordance with the policy on confidentiality. Breach of this policy will be cause for instant dismissal.

17. Privacy

The centre has implemented a Privacy Policy to comply with the Personal Information Protection & Electronic Documents Act (PIPEDA). The centre is committed to respecting the privacy of personal information about its employees and is committed to protecting the personal information of its employees provided in the course of employment and the operation of the business. This policy outlines the process by which the employer will protect the privacy of personal information regarding its employees and, specifically, how such information is collected, used and disclosed.

Personal information means any information that may be used to identify an individual, including any

factual or subjective information, recorded or not, about an identifiable individual, except the name, title, and business address or business telephone number of an employee (information found on a business card or in public directories).

Collection of Personal Information

The centre routinely collects personal information about employees as required by law or for legitimate business purposes including staff administration, management purposes and the performance of services on behalf of the centre.

The centre will make every reasonable effort to ensure that the personal information it uses is accurate and complete and will protect this information by taking reasonable measures designed to prevent unauthorized collection, access, use, disclosure or disposal.

The centre may collect information about an employee from a number of different sources including, but not limited to:

• information provided by the employee on applications or other forms

• information provided by agencies or other reference sources such as past employers or educational institutions

• medical, health or disability related information provided by employees and/or their health care providers for accommodation, leaves, benefits or insurance purposes

• information disclosed by a government agency and court documents. E.g. garnishment order performance generated reports, evaluations and patron feedback

Use and Disclosure

The centre will use and disclose personal information only as required by law or for legitimate business purposes including staff administration, management purposes and the performance of services on behalf of patrons. In the event the centre desires to use and/or disclose personal information for purposes that are not directly employment-related, it will obtain employee consent for such use or disclosure.

18. Anti-Spam Policy

The centre understands the goal of the anti-spam legislation in Canada is to deter damaging and misleading forms of spam. The centre will ensure that network security program, spam filters and anti-virus software is utilized at all times on all company computers and related technologies. In order to achieve the goals of the anti-spam legislation, the centre will ensure to act in compliance with Canada’s Anti-Spam Legislation. In order to ensure compliance, commercial electronic

messages (including email marketing) done by the centre will be based on a consumer opt-in approach. The centre will gain consent for commercial electronic messages purposes prior to sending commercial messages (including emails), unless we have a pre-existing business relationship with the client, candidate, business partner, independent contractor, or affiliate, as in these particular cases consent is considered to be implied.

The centre shall ensure the following practices are followed when using electronic messaging for marketing purposes:

• maintain rigorous email list management practices

• include all essential company information predominantly within the message such as the name and contact information (including address and phone number)

• include an opt-in approach to allow subscribers to confirm they want the centre’s messages

• include an opt-out (or unsubscribe) message that is simple and conscious within the email

• include a confirmation page for the unsubscribe request that includes the date of the request that was submitted

V. CONDITIONS OF EMPLOYMENT

1. Statement of Policy

1.1 The employer believes in maintaining a positive, productive work environment for all employees.

1.2 All forms of harassment defined as illegal under the Manitoba Human Rights Code and under the Workplace Safety and Health Act are expressly forbidden.

1.3 Employees are expected to work together collaboratively and cooperatively, and to respect the management and the individuals who administer the Employee Policies.

1.4 Employees are expected to work with volunteers and students (and vice-versa), and to understand, appreciate and foster a cooperative volunteer/ student-employee atmosphere.

2. Seniority for Non-Management Positions

2.1 Seniority defined: Seniority is determined by the continuous, total accumulated days worked in the paid service of the employer. It does not accumulate during an unpaid leave of absence, excluding maternity/parental leave.

2.2 The employer shall maintain a seniority list showing the date upon which each employee's service commenced. It may be used in determining vacation schedules or leaves of absences where there is conflicting requests from more than one employee. It shall be one of the factors when layoff is being considered by the centre.

2.3 Employees shall only lose their seniority in the event: they are discharged for just cause and not reinstated, they resign, they are laid off for a period of longer than six consecutive months, they do not report to work when recalled from a lay-off after two weeks’ notice by registered mail.

3. Wage and Salary Administration

3.1 The employer's policy is to use the Manitoba Child Care Association Market Competitive Salary Guideline Scale for Early Learning and Child Care Programs as a guideline to develop an equitable salary and administration program that maintains salary ranges for staff positions which compare favourably with the average salary ranges for comparable positions in similar work places.

3.2 In preparation for the annual budget the salary scale may be indexed by a cost of living figure for the purpose of ensuring appropriate salary ranges for newly hired staff.

3.3 The employer will from time to time review the salaries of staff positions to ensure that staff positions are compensated on a comparable basis and reflective of responsibility.

3.4 Newly hired employees are provided with the salary range for that position.

3.5 The Director has the responsibility (in consultation with The Executive Director of The Concordia Foundation) to determine the level on the appropriate salary scale.

3.6 Salary increments could accrue the beginning of the fiscal year, as indicated in the salary range for that position. NOTE: (An additional annual cost of living increase in addition to the increments is discussed by the Director of The Concordia Foundation as part of the annual preparation of the centre budget).

3.7 The centre endeavors as a matter of policy to maintain fair and appropriate salaries for all employees within the funds available to the centre.

4. Hours of Work

4.1 The employer recognizes and encourages innovative structuring of work hours, where appropriate. This includes flexibility in determining working times, job sharing and other techniques. All such variations must be approved by the Director in consultation with The Executive Director of The Foundation. The employer also recognizes that, on occasion, work hours may exceed 8 hours per day and 40 hours per week and, thereby, provides overtime pay or compensatory time off as required by Manitoba Employment Standards Code.

4.2 The Employment contract will detail hours of paid time including the schedule for breaks per day and whether or not the lunch break is paid.

4.3 Lunches and coffee breaks will be determined by management for the appropriate time of day having a regard for the need to stagger lunches and coffee breaks to maintain child/staff ratios and group size. Employees must be given a 30 minute unpaid break after every five consecutive hours of work.

4.4 Neither lunch time nor break time, if omitted, can be accumulated as overtime unless with prior written agreement by the Director.

4.5 Overtime wages will be paid at the rate of 1 ½ times the hourly rate for any hours worked (requested by the employer) in excess of 7.5 Hours a day. Employees will bank their overtime hours worked and will earn banked time at the rate of 1 ½ hour for each hour of overtime worked. All overtime must be approved in advance by the Director. Staff meeting will be paid at regular time. Banked overtime must be used within the fiscal year, with the ability to carry over 8 hours with the approval of the Director.

4.6 Request to use bank time must be done in writing and approved by the Director prior to use.

4.7 Overtime will not be paid or accumulated for attendance at optional activities for which employees have a choice, for example an evening workshop that the employee attend unless approved by the Director.

5. Attendance

5.1 Employees will attend at their customary place of employment on all business days and during regular hours of operation unless otherwise arranged with the Director.

5.2 If an employee is going to be absent from the workplace because of illness, they must contact either the Director or supervisor 2 hours before their shift. Appointments or any other reason, must be requested in writing.

6. Statutory Holidays

6.1 The following days are designated as statutory holidays under Manitoba legislation:

• New Years Day

• Louis Riel Day

• Good Friday

• Easter Monday

• Victoria Day

• Canada Day

Terry Fox Day

• Labour Day

• The National Day for Truth and Reconciliation

• Thanksgiving Day

• Christmas Day

• Remembrance Day

• Boxing Day

6.2 All regular, full-time employees will be paid their regular day’s pay. If the employee’s hours fluctuate because of casual or inconsistent hours, the rate to be paid will be calculated at five percent of the employee’s total wages during the 4-week period before the holiday.

6.3 If employees are required to work on a statutory holiday, they will be paid at a rate of 1 ½ times their regular rate of pay for the hours worked, plus the regular holiday pay.

6.4 Employees will not be paid for the holiday if:

• they are absent from work on the holiday that is normally a work day, and they are scheduled to work or; they are absent from work without permission on their last scheduled work day before the holiday or their first scheduled work day after the holiday, unless they are absent because they are ill. Proof of illness may be required

6.5 In the event that any of the above holidays occur on a weekend, the next regular work day becomes the holiday, or alternatively, another day determined by the Director in consultation with The Executive Director of The Foundation, will be observed as the holiday.

6.6 Any statutory or proclaimed holiday which occurs during a vacation period will be added to the vacation time.

6.7 If employment ends in the four weeks before a general holiday and:

• the employee has ended the employment; the employee will not be paid for the holiday

• the employer has ended the employment; the employer must pay the employee holiday pay equal to five percent of the total wages earned (excluding overtime, but including wages in lieu of notice) for the four week period immediately before the holiday.

6.8 Observance of religious holidays and personal time may be granted at the discretion of the Director.

7. Vacation

7.1 Vacation time is computed on the basis of time accumulated during the 12 month period of the fiscal year, April 1 to March 31.

7.2 After completing one to four years of service: All full-time and part-time regular employees will be entitled to three weeks annual vacation calculated at 6% of wages earned.

7.3 After completing five years to nine years of service, all full-time and part-time regular employees will be entitled to four weeks of annual vacation calculated at 8% of wages earned.

7.4 After completing ten years to twenty years of service, all full-time and part-time regular employees will be entitled to five weeks of annual vacation calculated at 10% of wages earned.

7.5 After completing twenty years of service, all full-time and part-time regular employees will be entitled to six weeks of annual vacation calculated at 12% of wages earned.

7.6 Casual and term employees will be entitled to four percent of the regular wages earned, to be included on each pay.

7.7 Terminated employees will be entitled to vacation pay based on unused vacation.

7.8 Probationary employees will not be entitled to take any vacation during their probationary period, but will accumulate vacation time during their probationary period.

7.9 Employees are expected to take vacation leave the year it is earned, with the ability to carry over up to two weeks. Employees will be able to schedule their vacation on a monthly basis as they earn the hours. It is preferred that vacation times are taken in blocks of 5 days. Notification to the Director, in writing, must be received at least 4 weeks in advance and is subject to the Director’s approval. Employees can start requesting vacation time March 1st. Vacation times are negotiable and may be granted by the Director on the basis of seniority in an attempt to ensure that required staffing levels are maintained. Due to the need to meet ratio in a Child Care setting, scheduled holidays can be canceled at anytime at the Directors discretion.

7.10 In the case of part-time employee’s vacation entitlement will be pro-rated, based on the number of days worked each week.

8. Unpaid and Special Leaves

The following leaves will be granted in accordance with the Manitoba Employment Standards Code. Consult with the Director to confirm which leaves are paid, unpaid or partially paid by the centre.

day 3 days For an employee to deal with family responsibilities or personal illness Bereavement

11

the discretion of the Director. If parental leave is approved beyond that mandated in legislation the additional time will be charged against the employee's accumulated annual vacation before further unpaid leave is granted. Seniority will not accumulate during this additional extended leave. A new anniversary date and schedule of related increments will commence upon return

8.3 Family Leave for an employee to deal with family responsibilities or personal illness for 3 days. Family is defined as spouses, common law spouses, children, step-children, parents, grandparents, aunts, uncles, nieces, nephews, and those who are not related but are considered as family members.

8.4 Compassionate Care Leave for 28 weeks for an employee to care for a very ill family.

8.5 Bereavement Leave up to 3 days for an employee upon the death of a family member. If travel is necessary, or additional time is required, additional leave may be granted to accommodate specific requests.

8.6 Long-Term Leave for Serious Injury or Illness up to 17 weeks for an employee who has a long-term serious injury or illness.

days

weeks For an employee who has a longterm serious injury or illness Domestic

8.1 Maternity Leave for an employee expecting to give birth to a child 17 weeks and has worked for the same employer for 7 consecutive months

Note: The Director may require an employee to discontinue work in the event of unsatisfactory job performance resulting from the state of her health during pregnancy as verified by a qualified medical practitioner who renders her unable to meet the requirements of the job. Employees should provide written notice at least 4 weeks in advance of commencing the maternity leave, and must provide medical certification confirming the expected due date.

8.2 Parental Leave for parents to care for their new child and who has 37 weeks worked for the same employer for 7 consecutive months

Note: Written request must be submitted not less than four weeks before the commencement date of the leave. Timing of this leave will be determined between the employee and the Director and shall not deter seniority. If requested by the employee, unpaid parental leave of longer or shorter duration may be granted at

8.7 Domestic Violence Leave 10 days and 17 weeks for an employee to address a situation of violence in the home.

8.8 Leave for Organ Donation up to 13 weeks for an employee to donate an organ or tissue.

8.9 Leave for Citizenship Ceremony 4 hours for a new Canadian to receive their certificate of citizenship.

8.10 Leave Related to the Death or Disappearance of a Child for parents dealing with the death or disappearance of a child that occurred as a result of a crime. The leave is 52 weeks if the child has disappeared and 104 weeks if the child has died.

8.11 Leave Related to Critical Illness of a Child 37 weeks for parents to provide care and support to a critically ill child or critically ill adult.

Other leaves may be granted for the following:

8.12 Personal Leave for employees who find it necessary to attend to personal issues or situations. Requests for such leaves must be submitted in writing to the Director.

8.13 Educational Leave for an employee to attend educational institutions, courses, workshops, seminars and conferences in the course of their professional development activities. Approval must be given by the Director, or in the case of the Director, by The Executive of The Concordia Foundation. This type of leave is typically without pay. Consideration may be given to pay salary costs and the costs of courses and other professional development activities with the approval of the Director and/or The Executive of The Concordia Foundation.

8.14 Civic Duty Leave for an employee called for jury duty or as a witness in court is allowed time off with pay during the period of his/her duty. The employee's remuneration for such duty from the courts shall be payable to the centre by the employee.

8.15 Sabbatical Leave for those employees who want to interrupt their normal course of work to devote time to further intensive study. Application for sabbatical leave must be made in writing to the Director stating full particulars, including the length of intended leave of absence. Sabbatical leave may be granted by The Executive of The Concordia Foundation on the recommendation of the Director.

Request for leave should be in writing to the Director, as far in advance as is practical. Supporting medical or other confirming documentation may be required.

The following factors will be considered before a leave of absence is recommended:

as a general guide, leave of absence will not be granted in the 1st year of employment

• leave of absence should be granted as an extension of vacation only if it does not jeopardize the work of the centre or the holiday schedule of other employees

• if an employee who has been granted leave of absence does not return to duty on the day agreed, this will be considered sufficient reason for termination of employment

• employees granted leave of absence without pay will be required to prepay all monthly payroll deductions which will come during such absence (group benefits, etc.)

9. Supplemental Employment

If an employee engages in a second job, the following applies:

• a second job must not interfere with the ability to perform their job with the centre. Absenteeism/ tardiness is not excused by the demands of the second job

• the employee’s schedules will not be changed to accommodate a second job

• the employee may not use their working time with the centre, or the centre’s equipment, for business related to the second job

• the employee may not disclose any confidential or proprietary information of the centre while working at the second job

• to ensure transparency, employees who agree to provide after-hours care for children enrolled in the centre will notify the director

10. Acceptance of Gratuities

An honorarium received for speaking engagements or consultative services on behalf of the employer will be treated as earnings of the centre.

11. Volunteer Commitment

11.1 Approval by the Director is required by employees who wish to participate in voluntary activities during the work day.

11.2 Salary may be continued depending on the activity's direct benefit to the centre. In this case, any honorariums received will be turned over to the centre.

11.3 If there is no direct interest or benefit to the centre, employees must request time off either without pay or time off with pay as flex time or holidays. In this case, honorariums would be retained by the employee.

11.4 Special consideration will be given to volunteer commitments related to the Manitoba Child Care Association and other early earning and Child Care organizations/projects, since the centre will likely benefit from the direct link to these groups/projects.

12. Bonding

All employees who have cheque-signing authority must be eligible for fidelity bonding.

13 Unauthorized Use of Centre Property

No employee will utilize any centre office, supplies or equipment in the performance of non-centre employment without written authorization from the Director. Removal of centre property from the premises for employment related work (e.g.: a computer) requires written authorization from the centre Director.

14. Change of Status

Employees are responsible to notify the Director immediately of any change to their personal circumstances relative to their employment e.g. change of address, telephone number, number of dependents, next-of-kin, marital status, beneficiaries, change of name, etc.

15. Dress/Conduct

Our centre strives to promote a professional image to our families and to the public. Employees are expected to be neat and well-groomed and to wear appropriate clothing during working hours. Clothing and grooming should not be distracting. Employees must dress for the weather as we do go outside, all year round.

• shirts need to be long enough to cover tops of pants so that when bending, sitting or reaching bare skin is not visible

• low rise jeans should not reveal underwear or skin

• torn jeans or pants should not be worn

• short shorts and short skirts are not appropriate

• footwear should be flat or low heeled to allow for safe and comfortable movement during daily child related activities such as running.

slogans or inappropriate innuendos should not be worn on shirts

• low cut shirts exposing cleavage are inappropriate and should not be worn

• underwear and bra straps should not be visible

• excessive jewelery is considered unsafe

• body or facial piercing should be conservative and minimal

• halter tops, tube tops and spaghetti straps should not be worn

• bathing suits should be one piece, covered with a t-shirt and worn only for water activities

• clothing should cover controversial or offensive tattoos

• hats in the summer ski pants, boots, winter hat, winter jacket and gloves in the winter

16. Use of Email, Electronic Devices and the Internet

This policy is meant to ensure that people’s privacy and the confidentiality of information about the centre, children, parents/guardians and employees is upheld. Everyone involved with the centre, both present and past, must adhere to this policy. Failure to do so can result in consequences and disciplinary action.

Employees may use the internet when appropriate to access information needed to conduct centre business and are responsible for using the internet in a manner that is ethical and lawful. E-mail is to be used for business purposes only. Staff, children and all others using the centre’s computers and electronic devices must respect and protect the privacy of others and must respect and protect the integrity of all electronic resources. All intellectual property (ideas, creations and copyrights) of others must be respected and protected. All communication must be in a respectful manner and the use, or discovery of the use of any threatening or inappropriate material, must be reported.

Inappropriate use includes, but is not limited to:

• intentionally accessing, transmitting, copying or creating material that violates the confidentiality

of children, parents/guardians, staff, or the centre itself

• intentionally accessing, transmitting, copying or creating material that violates the centre’s Code of Conduct which includes messages that are pornographic, threatening, rude, harassing, bullying, or discriminating

• intentionally accessing, transmitting, copying or creating material that is illegal, such as obscenity, stolen material or illegal copies of copyrighted works

• using the centre’s technological resources for personal use without permission or for personal gain

Employees may not use cell phones and other personal electronic devices for personal business when they are caring for and supervising children. Anyone who may need to contact a staff person during the staff persons regularly scheduled working hours must contact the centre’s direct line.

If, for safety purposes, it is necessary for staff to take a personal or centre owned cell phone during the course of outings with children, it must be used only for emergency contact with the centre, to call 911, or the children’s parents/guardian.

If it is necessary, and with the parent’s/guardian’s permission, for a staff person to use a cell phone or other electronic device to photograph or videotape children, the data must be downloaded onto the centre’s computer and immediately deleted from the staff person’s phone or device.

If it is necessary, a staff person can use their cell phone to up-date HiMama. They must log out of the HiMama program before leaving the Centre at the end of the day.

Information about staff, children, parents/guardians and the centre (including photos or videos) must not be posted on a staff person’s personal social networking sites (e.g. blogs, Facebook, Twitter, Instagram, SnapChat, TikTok), any public networking or file sharing site (e.g. YouTube, Seesaw, Tadpole, Storypark) or any other type of internet website. Employees must not accept children as “friends” or “buddies” when using social networking sites such as Facebook or Instagram.

Authorized employees of the facility have the right to monitor the use of information technology resources and to examine, use and disclose any data found. They may use this information in disciplinary actions, and release to the police if it is criminal in nature.

VI: EXPENSE REIMBURSEMENT

1. Working at Special Events

1.1 Employees who do work in the evening for the employer, (e.g. The Annual General Meeting or other similar functions within their capacity as employees) either within or outside the centre may have related expenses reimbursed, on prior agreement by the Director. Such reimbursement will be authorized where the work requires attendance at meal time (not situations where the duties take place after dinner hours-- for example, an evening meeting starting at 7:30).

2. Meals

2.1 Employees are expected to provide their own lunches during regular work hours, with the possible exception of situations which necessitate being out of the office. Employees whose work takes them away from the office during normal lunch hours are expected to provide their own lunches, unless otherwise authorized by the Director. Where authorized, the Civil Service Reimbursement Schedule can be used. Expenses must be pre-approved by the Director and receipts for expenses should be submitted to the Director for reimbursement.

3. Use Of Personal Car/Auto Allowance

3.1 Reimbursement per Kilometer or employment related personal auto use will be paid to an employee on approval by the Director.

3.2 The distance driven between the employee's residence and the centre is not eligible for remuneration.

3.3 The employee's home may be used as the point of departure/return when the employee is expected to travel outside of usual work hours from home to attend special authorized events.

4. Local Travel

4.1 Employees will be reimbursed for bus or taxi expenses incurred in the performance of their duties when such expenditures have been previously authorized by the Director.

4.2 Employees who were asked to work past 10:00 pm are entitled to take a taxi cab home. The Director will reimburse the cost of such fare when presented with a receipt.

4.3 When parking costs are incurred in the performance of the employee's duties outside the centre, these will be reimbursed by the Director upon presentation of a receipt, providing alternate parking was unavailable.

4.4 Employees who use public transit to and from meetings away from the office are entitled to be reimbursed upon presentation of an expense memo.

5. Conference Accommodation and Travel Costs

5.1 The costs associated with attending conferences may be covered with the prior authorization of the Director. The approval will include identification of the expected expenses for conference/workshop registration where applicable, travel, lodging, and daily per diem rate. Receipts must be provided by the employee for reimbursement.

VII. EMPLOYEE BENEFITS

1. Group Health Insurance Plan

1.1 Upon becoming eligible, all permanent employees are registered for group health benefits according to the enrollment policies of the plan. Applicable waiting periods may be waived if the employee is transferring from another division within the same group.

2. Group Registered Retirement Savings

2.1 If centres provide a Group Registered Retirement Saving, MCCA endorses both SMPPP and RRSP programs to our members, provided by Industrial Alliance. Effective December 1, 2010, the Manitoba government started providing funding for registered pension plans and retirement supports to Child Care workers. This initiative was introduced as part of the Workforce Stability Strategy under Family Choices, Manitoba’s Five-Year Agenda for Early Learning and Child Care, 2007 – 2012. In consultation with members of the Child Care sector, Manitoba identified three new ways to help workers plan for their retirement:

1. Registered Pension Plans: for full and part-time Child Care workers in licensed, non-profit centres and nursery schools.

2. Matching Registered Retirement Savings Plan (RRSP) contributions: for licensed, home-based family and group Child Care providers.

3. A long-term service recognition retirement benefit: for long-term workers in centres and nursery schools and for home-based family and group Child Care providers.

2.2 Currently we have a Registered Pension Plan that all staff take part in. The employee matches what the centre contributes.

3. Sick Leave

3.1 Sick leave with pay is available to all employees computed on the basis of approximately 9 hours per month of service. Part-time employees will earn a pro-rated amount of sick leave credits based on hours worked.

3.2 Unused sick time can be accumulated to a maximum of 30 working days in total over the span of employment with the centre.

3.3 Employee may request 1 mental health day, in lieu of 3 sick days. Notification to the Director, in writing, must be received at least 2 weeks in advance and is subject to the Director’s approval.

3.3 A doctor's certificate may be requested at any time in order to receive sick benefits. Extensive use of sick time whether accumulated or not shall be brought to the attention of The Executive Director of The Concordia Foundation.

3.4 Sick leave is a benefit extended to the employee in case of personal or family illness or medical appointments and must not be abused. Improper use of sick leave will be just cause for dismissal.

3.5 An employee absent from work must telephone the employer at least 2 hours before the start of their shift, giving the reason for absence and the probable duration of such absence. Failure to do so, could result in loss of pay for the time missed. Employee must let Director or designate know by 7:30pm if they will be back the next day.

3.6 At the discretion of the Director, illness causing absence from work for more than three consecutive days may require confirmation by medical note. Failure to produce a medical note within five working days after the request may result in loss of pay equivalent to the time absent. The employer will provide a memo detailing the circumstances and including the employee's signature for the payroll record.

Extension

of Health/Dental Benefits for Employees who are Not Actively at Work due to Illness or Injury for a Prolonged Period

Should an employee who is not actively at work due to illness or injury for a prolonged period of time and who is unable to perform the duties of his or her job and is in receipt of disability benefits, coverage for extended health care and dental benefits will be continued for a maximum of 24 months from the date of disability. The extension of these benefits shall terminate at the earlier of recovery from the disability, termination of disability payments or termination of employment.

Where the premium for these benefits is shared between employees and the employer, the employee must make arrangements to pay their share of the premium by authorizing a deduction from unpaid earnings or otherwise providing the employer with funds. If the required employee’s share of the premium is not paid the employer is not obligated to pay its share of premium and the coverage will cease according the plan.

In the case of employees who request a leave of absence for reasons other than illness or injury, the issue of continued benefit coverage during the leave

of absence is a matter of management discretion, except as it may be governed by the Employment Standards Act, and is always subject to the terms of the insurance program.

VIII. STAFF TRAINING AND DEVELOPMENT

1. Professional Development

1.1 Employees are encouraged to participate in various courses, seminars, conferences, webinars or workshops, where these will assist in the employee's development and improve performance and be beneficial to the centre.

1.2 All employees are encouraged to keep abreast of the latest developments and trends in their field of work. Some literature will be paid for by the employer if provision has been made within a designated budget category.

1.3 Selection for attendance and financial assistance to the employee will be at the discretion of the Director, based on outcomes of performance appraisal interviews and subject to budget capacity. Employees are expected to participate in 24 hours of professional development per year.

1.4 First aid and CPR training are required by the Province of Manitoba. It is the responsibility of the employee to incur the cost of their initial training cost and their renewal will be paid by the centre.

2. Educational Fees

2.1 The cost of some training and development courses sought by employees may be covered by the centre, with prior written approval by the Director. The books would become the property of the centre resource library. Employees may request payment for the approved course prior to registration; however, this cost would have to be repaid to the centre if the employee were unsuccessful or did not attend the event.

2.2 If the employee voluntarily leaves his/ her position less then 12 months following the completion of training or development course which were in excess of $100.00, all fees which had been reimbursed to the employee must be repaid in full to the centre.

2.3 Regular part-time employees may be allotted training time on a pro-rated basis.

2.4 Employees may be expected to present the information learned at a training event to fellow employees at a staff meeting.

3. Staff Meetings

3.1 Employees are expected to attend all staff meetings and to inform the Director ahead of time if unable to attend, stating the reason.

3.2 Employees are encouraged to raise matters of interest and/or concern at the regular staff meetings at which minutes will be taken to be available to staff and kept on file.

3.3 If attendance at staff meetings held after work hours is mandatory staff will be paid at regular time, time will be banked.

IX. DISCIPLINE PROCEDURES

All employees are expected to be familiar with this Employee Policy Manual and the policies therein, including their own personal job description. Employees and the Director are encouraged to discuss work-related problems with each other in a problem-solving manner. Where resolution is not reached, the following disciplinary steps will be followed:

1. Verbal Warning- a verbal reprimand, privately delivered, may be given by the Director for minor offenses.

2. Documented Warning - according to the following criteria:

• first offense - discussion followed by written documentation

• second offense - discussion followed by written documentation including disciplinary suspension

• third offense - discussion followed by written documentation and dismissal

In each instance the written documentation will be signed by the employer and endorsed by the employee to acknowledge receipt of the action. A copy of all written, signed disciplinary notices will be retained in the employee's file.

3. Suspension - a disciplinary procedure in which the employee is relieved of his/her duties without pay for a specified period; not to exceed two weeks. In the event of suspension, the employee will be given written notice of the suspension, its duration and reason for its imposition. This will be done at the time of suspension.

Suspension will commence upon delivery of written notice unless appealed to The Executive Director of The Concordia Foundation. In case of suspension, the employee must be notified of his/her right to appeal through the grievance procedure listed in the Employee Policy Manual.

4 Dismissal - will only be imposed when all other corrective actions have failed or when serious misconduct has occurred.

X. GRIEVANCE PROCEDURE

DEFINED: A grievance is a complaint by an employee or employer that alleges that some aspect of the personnel policy has been violated. An employee has the right to obtain a hearing before The Executive Director of The Concordia Foundation respecting any action (including dismissal) taken by the Director concerning matters dealt with in the Employee Policy Manual.

The grievance procedure consists of an ordered series of steps:

Step 1: Preliminary Discussion - The aggrieved employee discusses the complaint with the Director. All employees are encouraged to present and discuss with the Director any unresolved issues related to work, working conditions, human resource policies or procedures.

Step 2: If a grievance is not satisfactorily resolved through the initial discussion, the employee may submit such grievance in writing to the Director requesting a response in writing within two to five days.

Step 3: if a grievance is not satisfactorily resolved through the letter correspondence with the Director, the employee would submit the grievance in writing to The Executive Director of The Concordia Foundation.

Step 4: The employee would submit the grievance in writing to the Director of The Concordia Foundation including a copy of the first letter written to the Director and the Director's written response. The employee would request a response from The Executive Director of The Concordia Foundation in writing within five to ten days.

Step 5: All employees have the right to request a personal interview with the Executive Director of The Concordia Foundation excluding the Director, should the grievance remain unresolved. A separate interview between the Director and The Executive Director of The Concordia Foundation would also take place.

Step 6: All employees have the right to request a mediator to become involved to attempt a mutual resolution of the grievance. Where a stalemate continues, employees may request that an impartial "third party" arbitrate the grievance. Both employee and the employer would abide by the arbitrator's decision.

Note: In either the case of mediation or arbitration, both the employee and employer would prepare a list of possible candidates from which they determine one person upon whom they both agree mediation services may be of assistance.

XI. HEALTH AND SAFETY

1. Workplace Safety and Health

1.1 Workers’ Compensation: Although the employer pays workers compensation on behalf of its employees, it encourages employees to work safely and to take responsibility for their own safe work environment.

1.2 The employer promotes safe work and health practices as legislated by the Workplace Safety and Health Act. In addition, the employer encourages work strategies that reduce stressors in the workplace by encouraging employees to:

• take their scheduled coffee and meal breaks discuss concerns and problems openly with the centre director

• work cooperatively with all team members to share duties and responsibilities where appropriate

2. Harassment

2.1 The employer commits to providing a work environment that is free from discrimination, harassment, and violence as legislated by the Human Rights Code and the Workplace Safety and Health Act. Circumstances of discrimination, harassment or violence may be cause for immediate dismissal.

3. Non-Smoking Work Environment:

3.1 The employer provides a smoke free environment at all times. Smoking is allowed in designated outdoor smoking areas.

4. Drug and Alcohol Policy

The centre is committed to providing a safe and productive working environment for all employees and the children and recognizes substance abuse as a health, safety and security problem. Being impaired at work is an extremely serious matter that affects the health and safety of the centre’s employees and children. Impairment at work may have a negative impact and contribute to lost productivity, reduced work performance, and may increase the risk of workplace injuries, particularly when carrying out safety-sensitive duties. Further, any activity related to any drug or alcohol that is contrary to any applicable law and that occurs in a work-related setting may cause damage to the centre. This policy sets out the centre and its employees’ respective responsibilities regarding alcohol and drugs in a work-related setting.

The centre prohibits:

(a) the use of alcohol, or any drug that results in an employee being impaired; and

(b) the sale, use, provision, possession of, or any other activity related to, any drug or alcohol that is contrary to any applicable law

While the employee is on the centre’s premises, or while performing job functions or otherwise acting on behalf of the centre.

Definitions:

“Drug” means (a) drugs that have been legally obtained by a prescription issued by a person authorized to issue the prescription; (b) overthe-counter medication; (c) drugs which cannot legally be possessed in Canada; and (d) any other substance capable of causing a person to be impaired.

“Impaired” means an employee’s ability to carry out the employee’s job functions in a safe, efficient, or competent manner is negatively affected.

“Safety-Sensitive Duty” means an employmentrelated duty requiring the employee to operate motorized vehicles, trucks, heavy equipment, or machinery, or other duty defined by the centre or the applicable industry as safety-sensitive.

Employee Responsibilities:

As a condition of employment, all employees are required to comply with the following while on the centre’s premises, or while performing the employee’s job functions or otherwise acting on behalf of the centre:

• not breach any applicable law related to any drug or alcohol

• not be impaired

• determine, with the employee’s licensed doctor or pharmacist, whether any prescribed or over-thecounter drug the employee is taking may cause the employee to be impaired

• employees required to perform any safetysensitive duty must inform the director about the employee’s use of any drug or alcohol that may cause them to be impaired advise the director whenever they believe another employee is impaired.

Dependence on Drugs or Alcohol

Accommodation

An employee who has a drug or alcohol dependency and is impaired at work has a responsibility to communicate their need for any accommodation to the centre and cooperate with the accommodation and rehabilitation efforts. Self-disclosure is encouraged.

The centre will assist and accommodate employees who voluntarily disclose a dependence on drugs or alcohol, which causes or is likely to cause the employee to be impaired. Assistance and accommodation will be coordinated with the centre director. Employees who require rehabilitation for drug or alcohol dependency will be encouraged to seek professional care and support through their Employee Assistance Program. Employees

also have an obligation to participate in accommodation efforts. Please refer to the centre’s Accommodation Policy.

Consequences

Employees who present themselves as impaired will be asked by the centre director to leave the workplace while they are impaired. The incident shall be documented and presented to The Executive Director of The Concordia Foundation.

Employees who fail to comply with this policy, refuse to cooperate in rehabilitation or accommodation, or who continue to present themselves as a safety risk to themselves or others may be subject to disciplinary action, up to and including termination of employment, and may also be subject to legal proceedings.

An employee who carries out safety-sensitive duties and who is involved in a safety-related incident before informing (Concordia Child Care Centre) of the employee’s dependency on drugs or alcohol which may cause impairment may be terminated immediately for cause.

5. Code of Conduct Policy

The sample Code of Conduct Policy was developed as a guideline in response to the Child Care Safety Charter (Community Child Care Standards Act Amended) which was assented to in June, 2008. This requires that: “Every Licensee must establish for the Centre, a code of conduct and a safety plan which must be approved by the Director.” It further requires that the code of conduct and the safety plan be reviewed at least annually.

Although every attempt has been made to ensure all requirements of the legislation were included in the preparation of this sample Code of Conduct, Child Care facilities and management are encouraged and expected to ensure that their Code of Conduct aligns with the requirements of any School Division Code of Conduct/Code of Behaviour and any behaviour management policies that may need to be considered.

Additional information and additional sample statements may be accessed through the following Web Site: https://www.gov.mb.ca/fs/childcare/ resources/pubs/safety_charter_guide/centres/pdf

Child Care facilities and management should also ensure that their Code of Conduct:

• is posted in a prominent and visible location

• is provided to all newly hired staff and volunteers

• is provided to parents/caregivers/guardians upon the child’s enrollment in the program.

6. Accommodation Policy

This policy sets out a process for the centre and its employees to follow, where reasonable, accommodation of a special need based on a protected characteristic under The Human Rights Code (“The Code”) has been requested or is indicated. It also identifies the responsibilities of the centre and the employee in the reasonable accommodation process. Protected characteristics under The Code are: ancestry; nationality; ethnic origin; religion; age; sex, including pregnancy and gender identity; gender-determined characteristics; sexual orientation; marital or family status; source of income; political belief; and physical or mental disability.

This policy applies to all employees of the centre. The centre desires to meet its obligations under The Code, including the requirement that employers reasonably accommodate special needs of employees which are based on protected characteristics, to the point of undue hardship.

Employee’s Responsibilities

Advise the centre of the need for accommodation in a timely manner. If the centre has reason to question a significant change in an employee’s behaviour or performance, the centre should pursue relevant inquiry (by speaking to the employee/asking the Occupational Health Nurse to speak to the employee or other, as specified). Requests for accommodation should be made to the Centre Director.

Provide all relevant medical and other information to help the centre assess the accommodation request.

Provide the centre with the necessary authorization to communicate with relevant professionals, medical or other, depending on the accommodation request.

Cooperate in the search for, and implementation of, the accommodation.

Employer’s Responsibilities

Review employee’s request for accommodation and determine if it falls under any of the areas and /or groups covered by The Code.

Verify the need for accommodation by requesting from the employee (and/or their caregiver) relevant information.

Hold all information obtained about the employee confidential, as with other personal information about employees. Only information necessary to determine what accommodation is possible should be released, and only to those who need to know. Assess, identify and implement reasonable accommodation in a timely manner.

If accommodation is not possible due to undue hardship, advise why the accommodation cannot be provided.

Education

The centre will educate the employees by communicating and circulating the policy about the company’s legal obligation and desire to provide reasonable accommodation and the need for employees to assist in that process by supporting and facilitating accommodation initiatives.

Monitoring

The centre director will monitor any accommodation implemented to determine effectiveness and / or need for change and/or to determine if accommodation is no longer necessary.

Review Requests

In the event that the initial reasonable accommodation request is denied by the company, employees may seek review of the decision from The Executive Director of Concordia Foundation.

Date of approval

Date of last revision

ADDITIONAL INFORMATION

EMPLOYMENT STANDARDS

For more information on employment legislation contact the Employment Standards Branch.

Winnipeg: (204) 945-3352

Or Toll-free: 1-800-821-4307

e-mail: Employmentstandards@gov.mb.ca

Website: www.manitoba.ca/labour/standards

For more information on Workplace Safety and Health legislation contact:

WORKPLACE SAFETY & HEALTH DIVISION OFFICES

Winnipeg Brandon

200 - 401 York Avenue

Winnipeg, Manitoba

R3C OP8

Tel: (204) 945-3446

Fax: (204) 945-4556

328-340 9th Street

Brandon, Manitoba

R7A 6C2

Tel: (204) 726-6361

Thompson Flin Flon

Provincial Building Provincial Building

15 - 59 Elizabeth Drive

202 - 143 Main Street

Thompson, Manitoba Flin Flon, Manitoba

R8N 1X4

Tel: (204) 677-6821

Fax: (204) 677-6892

R8A 1K2

Tel: (204) 687-1618

Fax: (204) 687-1623

RESPECTFUL WORKPLACE POLICY

At the Concordia Foundation and Concordia Child Care Centre, we are committed to providing a safe, secure, healthy and respectful work environment for all employees, board members, dealers and customers. No one has to put up with harassment at Concordia Foundation and Concordia Child Care Centre for any reason, at any time. Also, no one has the right to harass anyone at work or in any employment situation. This policy is one way to ensure our workplace is a respectful and safe place for all, free from harassment. This policy applies to any person who is in our workplace.

The Workplace Safety and Health Act and the Human Rights Code requires that we ensure our workplace is free from harassment. All employees have a right to live and work without being harassed. If you are harassed, you can do something about it. This policy outlines what to do if you are harassed at work, or if you, as a supervisor or an employee, become aware of any harassment.

Sue Barkman, Executive Director

March 14, 2024

What Constitutes Harassment

Harassment is any behaviour that degrades, demeans, humiliates, or embarrasses a person and that a reasonable person should have known would be unwelcome. It includes actions (ex. touching, pushing), comments (ex. Jokes, name calling) or displays (ex. Posters, cartoons). It is any inappropriate or objectionable conduct, comment or display that:

• is directed at an employee in the workplace

• is made on the basis of race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin

• creates a risk to the health of the employee

“Sexual Harassment” includes offensive or humiliating behaviour based on a person’s sex; behaviour of a sexual nature that creates an intimidating, hostile or poisoned work environment; or behaviour that could reasonable be though to put sexual conditions on a person’s job or job opportunities. A few examples are: questions and discussions about a person’s sexual life; persisting in asking for a date after having been refused; or writing sexually suggestive letters or notes. Sexual harassment often occurs where there is unequal power between the people involved.

Another type of harassment is relates to what is sometimes referred to as “bullying” behaviour that may involve:

• repeated humiliation or intimidation that adversely affects an employee’s dignity, psychological or physical well-being or integrity.

• A single instance so serious that it has a lasting, harmful effect on an employee

Harassment can take place in the workplace or outside of it in a situation connected to work, such as off-site meetings and events. Harassment will not be tolerated in any workplace or at any work event.

What Does Not Constitute Harassment

Consensual banter or romantic relationships where the people involved consent to what is happening, is not harassment. Appropriate performance reviews, counseling or discipline by a Team Leader or Manager, is not harassment.

Employee’s Rights and Responsibilities

Employees are entitled to work free of harassment. Employees have the responsibility to treat each other with respect, and to speak up if they, or others are being harassed. All employees have a responsibility to report harassment to a Team Leader, Director of the Concordia Child Care Centre, or Executive Director of the Concordia Foundation in cases where they complaint is again a Team Leader or Manager.

If there is no reasonable action from the supervisor or director, it is reasonable to take your complaint or concern to a board member or PAE member. We believe in mediation and conflict resolution and a reasonable approach to dealing with a person’s complaint.

Employees also have a responsibility to co-operate in the investigation of a harassment complaint. Anyone who gives evidence in an investigation or who is otherwise involved in the process, must keep this information confidential, except when it is necessary to deal effectively with the complaint.

Employee have a right to file a complaint with the Manitoba Human Rights Commission.

Employer’s Responsibilities

Management must ensure as much as is reasonably practical, that no employee is subjected to harassment in the workplace.

Management will take corrective action with anyone under their direction who subjects an employee to harassment.

Management will not disclose the name of a complainant or an alleged harasser or the circumstances of the complaint to any except where disclosure is:

• Necessary to investigate the complaint or take corrective action

• Required by law

The harassment prevention policy is not intended to discourage or prevent complainants from exercising other legal rights under any other law.

Director and Executive Director and supervisors are responsible for creating a safe work environment free of harassment. All management is responsible for stopping harassment. If you become aware of harassment in your work area, or elsewhere in the company, you must do everything you can to stop it, whether or not a complaint has been made.

Courts may impose penalties on employers and manager, even if they aren’t’ actually involved in or aware of the harassment but should have known about it. Leaders who ignore harassment may face legal consequences, and will be disciplined by the Board.

Procedures Applying to Complaints of Harassment

• If you are being harassed, the first thing to do is tell the person harassing you to stop, if you feel comfortable doing that. You can do this in person or in writing.

If you feel unable to deal with the individual directly, you can speak to your supervisor or Human Resources and Manager.

• There may be informal ways to address your complaint. You may have supervisor help you speak to the harasser. You may also ask the supervisor to arrange for mediation where a neutral third party helps the people involved reach a solution acceptable to each of them.

• If the informal route does not succeed or is not appropriate, we support employees in filing a formal complaint. It will be investigated by the Human Resources and Operation Managers. The complaint will be investigated thoroughly and promptly.

• Once the investigation is complete, the investigator will prepare a written report for Executive Director. We will then inform the person who filed the complaint and harasser of any disciplinary action or remedies, which will be implemented as soon as possible.

Corrective Action for Harassers

Employees who harass another person will be subject to one or more of the following forms of discipline, depending on the severity of the harassment:

• A written reprimand

• A suspension, with or without pay

• Dismissal

In most cases, the harasser will also be required to review the policy again and could be sent to attend remedial training.

If the investigation does not find evidence to support the complaint, there will be no documentation about it in the file of the alleged harasser. When the investigation reveals harassment occurred, the incident and the corrective action will be recorded in the harasser’s personnel file.

Remedies for the Harassed Worker Employees who have been harassed may expect one or more of the following remedies, depending on the severity of the harassment and its effects:

• An oral or written apology from the harasser

• Compensation for any lost employment benefits, such as sick leave

• A job or promotion that was denied because of the harassment Confidentiality

We will not disclose a complainant’s or alleged harasser’s name or any circumstances about a complaint, to anyone, except where necessary to investigate the complaint; take disciplinary action; or where required by law. Managers involved in a complaint are reminded to keep all information confidential, except in the above circumstances.

Retaliation

We will not tolerate retaliation or threats of retaliation against anyone who exercises their legal rights under any applicable employment laws or makes good-faith reports of workplace harassment, sexual harassment or discrimination whether or not the retaliation or threat of retaliation violates any law.

We are committed to making sure all of our Employees and Managers learn about harassment and the company’s Workplace Harassment Policy.

We will monitor this policy and make adjustments whenever necessary. If you have any concerns with the policy, please bring them to the attention of the Executive Director, Concordia Foundation or Director, Concordia Day Care Centre.

-rev March 2024