Administrative Group Terms & Conditions 2016-17

Terms and Conditions of Employment

for the

Lakeland College Administrative Group

July 1, 2016 - June 30, 2017

NUMERICAL INDEX Section 1 – INTRODUCTION .......................................................................................... 1 Section 2 – GENERAL APPLICATIONS ......................................................................... 1 Section 3 – SALARY ....................................................................................................... 5 Section 4 – HOURS OF WORK AND OVERTIME .......................................................... 6 Section 5 – PAID HOLIDAYS .......................................................................................... 7 Section 6 – ANNUAL VACATION ................................................................................... 8 Section 7 – LEAVE OF ABSENCE WITHOUT PAY ...................................................... 10 Section 8 – LEAVE OF ABSENCE WITH PAY ............................................................. 10 Section 9 – MATERNITY & PARENTAL LEAVE ........................................................... 12 Section 10 – CASUAL ILLNESS ................................................................................... 14 Section 11 – GENERAL ILLNESS ................................................................................ 14 Section 12 – MEDICAL EXAMINATIONS ..................................................................... 16 Section 13 – LONG TERM DISABILITY INSURANCE .................................................. 16 Section 14 – HEALTH SPENDING ACCOUNT ............................................................. 17 Section 15 – GROUP INSURANCE .............................................................................. 18 Section 16 – EMPLOYMENT INSURANCE PREMIUM REDUCTION OR REBATE .... 19 Section 17 – PROFESSIONAL DEVELOPMENT ......................................................... 19 Section 18 – TRAVEL AND SUBSISTENCE EXPENSES ............................................ 19 Section 19 – TERMINATION OF EMPLOYMENT ......................................................... 20 Section 20 – OUTSIDE EMPLOYMENT ....................................................................... 20 Section 21 – APPEAL PROCEDURE............................................................................ 20 Section 22 – REVIEW OF TERMS AND CONDITIONS OF EMPLOYMENT ................ 21 APPENDIX A ADMINISTRATIVE POSITIONS ............................................................. 22 APPENDIX B ADMINISTRATIVE SALARY RANGES .................................................. 25

ALPHABETICAL INDEX

Section 6

ANNUAL VACATION................................................................................ 8

Section 21

APPEAL PROCEDURE .......................................................................... 20

Section 10

CASUAL ILLNESS ................................................................................. 14

Section 16

EMPLOYMENT INSURANCE PREMIUM REDUCTION OR REBATE... 19

Section 2

GENERAL APPLICATIONS ..................................................................... 1

Section 11

GENERAL ILLNESS............................................................................... 14

Section 15

GROUP INSURANCE ............................................................................ 18

Section 14

HEALTH SPENDING ACCOUNT ........................................................... 17

Section 4

HOURS OF WORK AND OVERTIME ...................................................... 6

Section 1

INTRODUCTION ...................................................................................... 1

Section 8

LEAVE OF ABSENCE WITH PAY.......................................................... 10

Section 7

LEAVE OF ABSENCE WITHOUT PAY .................................................. 10

Section 13

LONG TERM DISABILITY INSURANCE ................................................ 16

Section 9

MATERNITY & PARENTAL LEAVE ....................................................... 12

Section 12

MEDICAL EXAMINATIONS ................................................................... 16

Section 20

OUTSIDE EMPLOYMENT ..................................................................... 20

Section 5

PAID HOLIDAYS ...................................................................................... 7

Section 17

PROFESSIONAL DEVELOPMENT........................................................ 19

Section 22

REVIEW OF TERMS AND CONDITIONS OF EMPLOYMENT .............. 21

Section 3

SALARY ................................................................................................... 5

Section 19

TERMINATION OF EMPLOYMENT ....................................................... 20

Section 18

TRAVEL AND SUBSISTENCE EXPENSES .......................................... 19

APPENDIX A ADMINISTRATIVE POSITIONS ............................................................. 22 APPENDIX B ADMINISTRATIVE SALARY RANGES .................................................. 25

SECTION 1 – INTRODUCTION 1.1

Pursuant to Section 83 of the Post-Secondary Learning Act, the Board of Governors of Lakeland College identifies the following terms and conditions of employment for individuals within the Administrative Group.

1.2

The signing parties agree to abide by the Terms and Conditions set out in this document.

_____________________________________

___________________

Darrel Howell Chairman, Board of Governors

Date

___________________________________

____________________

Alice Wainwright-Stewart, President & CEO

Date

___________________________________

___________________

Janice Anderson, Chairman, Administrative Group

Date

SECTION 2 – GENERAL APPLICATIONS 2.1

The College will designate the positions to be included within the Administrative Group in consultation with the Administrative Group Executive. The College will primarily utilize the parameters identified in Section 12 of the Public Service Employee Relations Act to guide its related review and decisions. However, this provision shall not be viewed as a restriction on the College’s right to include or exclude positions from the Administrative Group.

2.2

The principle terms and conditions of employment for employees in positions designated by the College as Administrative positions are set out in this document. Positions designated by the College include those positions listed in Appendix A.

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2.3

The following types of appointments to the College will apply: (a)

“Continuing Employee” is an individual assigned to a full or part time continuing position on a permanent basis. i)

Continuing status describes employees who are appointed to full or part time continuing positions and who have successfully completed the appropriate probationary period.

ii)

Under special personal circumstances, a Continuing full time employee may request a temporary reduction in his/her work schedule. A requested reduction exceeding 20% will not be considered.

If approved, the terms and conditions, including salary and benefit entitlements, will be available on a pro rata basis where applicable.

Approval of a work schedule reduction will only be approved following consultation with and agreement of the President.

(b)

“Continuing Part Time Employee” is an individual assigned to a part time position established for no less than twenty-one (21) hours per week on a permanent basis.

(c)

“Temporary Employee” is an individual assigned to a full time position established for a limited duration of more than nine (9) months. i)

ii)

Where applicable, the terms and conditions will apply to Temporary Employees on a pro rata basis. The following sections will not apply to Temporary employees: Section 9

Maternity and Parental Leave

Section 13

Long Term Disability Insurance

Section 15.4

Group Insurance – Dental Plan – shall not apply until after one year of continuous service

Section 19

Termination

A Temporary Employee may be terminated during the term of his/her employment if one (1) months’ notice, or pay in lieu of notice is provided.

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(d)

“Casual Employee� is an individual not defined in the categories above and is hired for casual employment to work on a non-permanent basis, which usually involves short term, part time, or irregular work assignments. i)

Where applicable, the terms and conditions will apply to Casual Employees on a pro rata basis. The following sections will not apply to Casual employees: Section 3

Salary

Section 5

Paid Holidays

Section 6

Annual Vacation

Section 7

Leave of Absence Without Pay

Section 8

Leave of Absence With Pay

Section 9

Maternity and Parental Leave

Section 10

Casual Illness

Section 11

General Illness

Section 12

Medical Examinations

Section 13

Long Term Disability Insurance

Section 14

Health Spending Account

Section 15

Group Insurance

Section 16

Employment Insurance Premium Reduction or Rebate

Section 17

Professional Development

Section 19

Termination

Section 20

Outside Employment

ii)

Casual employees will receive in lieu of holiday and vacation entitlements an additional 11.2% of the regular earnings.

iii)

If a casual employee is unsatisfactory in the opinion of the employer, the unsatisfactory performance will be deemed to be just cause and the employee may be terminated at any time without notice.

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2.4

All appointments to positions will be made in writing indicating commencement salary, date of appointment, type of appointment and any other allowable conditions. The letter will be accompanied by a copy of the Terms and Conditions of Employment. The written acceptance of the letter and the Terms and Conditions of Employment will constitute a contract.

Administrative Staff will be provided with a copy of the Terms and Conditions of Employment when they are revised.

2.5

2.6

Probation (a)

All Continuing Employees are required to complete a probationary period of one (1) year. To ensure appropriate direction and evaluations are provided, an employee on probation will receive an informal evaluation prior to six (6) months, a formal evaluation at twelve (12) months, and annually thereafter. Probationary periods may be extended up to one (1) additional year.

(b)

Employees who have previously completed a probationary period as an administrative employee, and who initiate a move to another administrative position, will be required to serve a six (6) month trial period in their new appointment. This trial period may be extended up to an additional six (6) months. Should the College initiate the reassignment of an individual to a different administrative position, no trial period will be required.

Promotion/Transfer The promotion or transfer of an employee from one position to another shall be determined by the President, in consultation with the employee.

2.7

Position Description (a)

The responsibilities of the position (job description) shall be reviewed with the employee at the time of appointment, it being understood that responsibilities are subject to modification in relation to organizational changes.

(b)

When an employee considers that the duties of the position have been substantially changed since his/her initial appointment, he/she may request to have a review of the position. Such a request will be made through the Human Resources department.

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2.8

Moving Allowances (a)

Individuals entering the Administration group from outside the College will be reimbursed for approved moving expenses. Receipts will be required.

(b)

When an Employee’s position is relocated to a different campus and the Employee is required to change his/her residence, or incur unreasonable additional personal expenses related to the change, he/she will be provided with a fair and reasonable reimbursement, as determined by the President, in consultation with the Administrative Group Executive.

2.9

All benefit eligibility is subject to the terms of the applicable plan agreements.

Employees working less than full time will have the applicable terms and conditions of employment apply on a pro rata basis.

2.10

An employee’s employment anniversary date will be used as the basis for determining applicable vacation and general illness entitlements.

SECTION 3 – SALARY 3.1

Initial Appointments The incumbent of each position will be informed of the salary range assigned to his/her position. Placement on the grid shall be determined by the College and will be based on the qualifications and experience of the incumbent.

3.2

Salary Changes The following types of salary increases will normally apply to employees covered by these Terms and Conditions of Employment. (a)

General increases will normally be effective July 1 of each year, as approved by the Board of Governors, and will take into account such factors as inflation and levels of salary increases negotiated with other groups of employees of Lakeland College.

(b)

Promotional increases may be granted upon promotion to a position bearing a higher salary scale and will normally provide a minimum equivalency of a one-step increment.

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(c)

Merit increases relate to the achievement of the individual, and may be granted on an annual basis for salary progression within the salary range.

(d)

Where the duties of a position are changed significantly, and the position level is reassessed upwards, the salary of the incumbent will be moved to a step on the new range that will normally provide a minimum equivalency of a one-step increment.

(e)

Where the duties of a position are changed significantly, and the position level is reassessed downwards, the salary of the incumbent will remain unchanged for a period of one year from the effective date of the change, at which time the employee’s salary will be reduced to reflect an appropriate step on the new range. Thereafter, this will represent the amended terms and conditions of employment.

(f)

Where an employee requests a change of responsibilities, which results in the employee moving to a position with a lower salary range, the College may reduce the employee’s salary to the extent it fits an appropriate step in the new salary range.

SECTION 4 – HOURS OF WORK AND OVERTIME 4.1

The normal hours of work for employees in Management and Excluded positions will be seven and one-quarter (7.25) hours per day, thirty-six and one-quarter (36.25) hours per week. It is understood, however, that additional hours may be required from time to time. In recognition of these additional hours, flexibility in the regular work schedule for management employees may be approved.

Employees in Management positions will not be entitled to overtime payments.

4.2

The following overtime provisions apply to employees in Excluded positions only: (a)

All overtime must be properly authorized by the immediate supervisor before it is worked.

(b)

As a general rule an employee will be granted time off in lieu of overtime worked. Time off will be taken at a time mutually convenient to the employee and the supervisor.

(c)

In order to receive credit for overtime work, it will be necessary for the employee to submit a properly authorized report, through their immediate supervisor, to Human Resources, no later than the middle of the following month.

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(d)

Payment for overtime may be made in exceptional cases upon approval of the appropriate executive committee member.

(e)

Time worked in excess of thirty-six and one-quarter (36.25) hours of work per week will be calculated at the rate of time and one half.

(f)

Overtime will be calculated to the nearest quarter hour, but no allowance will be made where the total overtime worked on any one day is one half hour or less.

SECTION 5 – PAID HOLIDAYS 5.1

Employees shall receive a day off with pay on the following days proclaimed by the Federal, Provincial or Municipal Governments as a holiday:

New Year’s Day

Civic Holiday (1 day)

Family Day

Labour Day

Good Friday

Thanksgiving Day

Easter Monday

Remembrance Day

Victoria Day

Christmas Day

Canada Day

Boxing Day

5.2

If a municipality does not proclaim a Civic Holiday as specified in 5.1 above, the first Monday in August shall be observed as such holiday.

5.3

Employees may be required to work on statutory holidays. Should this occur, the employee will be granted compensatory time off.

5.4

Employees shall receive the period from December 24 to January 2 inclusive off with pay.

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SECTION 6 – ANNUAL VACATION 6.1

An employee shall not take vacation leave without the prior authorization of the manager to whom he/she reports.

6.2

Anniversary dates for calculating vacation leave will be based on the date of hire into a position within the Administrative Group.

6.3

Employees will accrue vacation entitlement as follows:

Monthly Accrual Rates During Year

Management

During Year

Excluded

1

2.09 days per month

1

1.67 days per month

2

2.17 days per month

2

1.75 days per month

3

2.25 days per month

3

1.84 days per month

4

2.34 days per month

4

1.92 days per month

5

2.42 days per month

5

2.00 days per month

6

2.50 days per month

6

2.09 days per month

7

2.17 days per month

8

2.25 days per month

9

2.34 days per month

10

2.42 days per month

11

2.50 days per month

(a)

For vacation accrual purposes, an employee’s prior service at Lakeland College will be recognized. Prior Service will be based on the equivalent of full years of service.

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6.4

Leave may be taken up to the maximum of earned days. Leave may be taken, if authorized, during or after the month following that in which it was earned.

6.5

When a day designated as a paid holiday under Section 5 falls within a period of vacation leave, it shall be counted as a paid holiday and not a day of vacation leave.

6.6

An employee will continue to earn vacation leave pursuant to Section 6.3 during the first forty-five (45) consecutive work days of authorized illness leave.

6.7

If an employee is absent from work due to illness prior to taking a scheduled vacation/leave, the employee shall be deemed to be on benefit leave until those benefits expire or until the employee is able to return to work. Any vacation, which has been scheduled during the period in which the employee was absent due to illness, will be rescheduled.

If an employee is on scheduled vacation/leave and then becomes ill, he/she shall remain on leave until the scheduled period of absence is completed. If at the end of the scheduled vacation/leave the employee is still ill, he/she will qualify for general illness according to the General Illness Section 11.

6.8

An employee shall not normally be paid cash in lieu of annual vacation leave earned except upon termination, in which case he/she shall receive vacation pay for leave earned but not taken.

6.9

The Board recognizes that vacations refresh and invigorate employees, and to this end it encourages all employees covered by this document to take annually at least fifteen (15) working days vacation en bloc.

6.10

Annual vacation entitlements earned in one fiscal year must be taken prior to the end of the following fiscal year. The individual earning the vacation entitlements and the respective supervisor will work together to ensure this utilization.

Should extenuating circumstances prohibit an individual from taking the vacation entitlements as specified above, the President may authorize either (1) a carry forward, (2) a payout, or (3) an elimination of the excess annual vacation accrual balance. A combination of carry forward/payout/elimination may also be considered.

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SECTION 7 – LEAVE OF ABSENCE WITHOUT PAY Leave of absence without pay may be granted by the College for legitimate personal reasons, subject to the following conditions: 7.1

The leave will not normally exceed twelve (12) months unless approved by the President.

7.2

If the absence is sufficiently lengthy to hinder an evaluation for purposes of merit increase or promotion, such increase or promotion may be withheld or deferred until the employee’s return as warranted by the particular circumstances.

7.3

Employees wishing to serve as candidates for Provincial or Federal office shall take an appropriate leave of absence for such undertaking and such undertaking shall not interfere with his/her position. A successful candidate for Provincial or Federal office shall resign from his/her position.

SECTION 8 – LEAVE OF ABSENCE WITH PAY A special leave of absence with full or partial salary may be granted to employees as follows: 8.1

During a civil emergency the employer shall grant military leave, upon application, to an employee. The employee shall receive his/her full rate of pay from the employer less the amount he/she receives from the Department of National Defence.

8.2

An employee, not on leave of absence without pay, shall be granted upon application, special leave at his/her basic rate of pay. The circumstances under which special leave is granted, subject to Section 8.3, and the corresponding number of work days are allowed as follows: (a)

illness within the immediate family – five (5) days;

(b)

bereavement within the immediate family – ten (10) days;

(c)

bereavement – three (3) days;

(d)

travel time for illness within the immediate family or bereavement – two (2) days;

(e)

administration of estate – two (2) days;

(f)

moving household effects – one (1) day;

(g)

disaster conditions – two (2) days;

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(h)

8.3

8.4

write examinations – as required

(i)

time off work for that portion of the work day to attend funerals as pallbearer or mourner;

(j)

be present at birth or adoption proceedings of an employee’s child – one (1) day;

(k)

attend formal hearing to become a Canadian Citizen – one (1) day.

For purposes of determining eligibility for special leave under Section 8.2, the following provisions shall apply: (a)

For the purposes of Sections 8.2 (a), 8.2 (b) and 8.2 (d), immediate family shall mean—spouse (including common-law spouse); a child or parent of the employee or spouse; brother; sister. For Section 8.2 (a) other family members may be considered upon approval by the Employer.

(b)

Bereavement leave pursuant to Section 8.2 (c) shall be granted in the event of death of any of the following relations of an employee: guardian, grandparent, or grandchild; or any of the following relations of an employee’s spouse (including common-law spouse): guardian, grandparent, grandchild, brother or sister.

(c)

Travel time for illness within the immediate family or for bereavement shall mean for travel where long distances or travel from isolated areas is involved.

(d)

Administration of estate shall apply only when an employee has been designated as an executor of the estate of the deceased.

(e)

Moving of household effects shall apply to an employee who maintains a self-contained household and who changes his/her place of residence which necessitates the moving of his/her household effects during his/her normal working hours. In the event of an employee’s normal place of employment being moved outside the municipal area, the normal moving allowance shall apply.

(f)

Disaster conditions shall apply for a critical condition in a disaster (flood, fire, etc.) which cannot be served by others or attended to by the employee at a time when he/she is normally off duty.

The maximum length specified for each circumstance requiring use of special leave shall not be exceeded; however, special leave may be granted more than once for the same circumstance within a fiscal year, provided the total special leave granted does not exceed twelve (12) working days per fiscal year, unless additional special leave is authorized by the President or designate. This entitlement will be prorated for those eligible employees who commence employment other than at the commencement of a fiscal year.

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8.5

Two (2) weeks’ notice may be required for leave requested under Sections 8.2 (e), 8.2 (f), 8.2 (h), and 8.2 (k).

8.6

Summons as a Witness/Jury Duty In the event an employee is summoned or subpoenaed to act as a witness in his/her official capacity, or for jury duty, the employee will be granted leave with pay and all fees paid by the Court are to be turned over to the College.

8.7

The employee shall not suffer any loss of pay, or any other benefit or privilege contained in these Terms and Conditions of Employment in the event that the Board of Governors declares a special leave.

SECTION 9 – MATERNITY & PARENTAL LEAVE

9.1 (a)

An eligible pregnant Employee who has been employed for at least fiftytwo (52) consecutive weeks is entitled to maternity leave without pay.

(b)

The maternity leave is a period of not more than fifteen (15) weeks starting at any time during the twelve (12) weeks immediately before the estimated date of delivery. An Employee on maternity leave must take a period of leave of at least six (6) weeks immediately following the date of delivery, unless the Employee and the College mutually agree to shorten the period, in which case the Employee must provide a medical certificate indicating that resumption of work will not endanger her health.

(c)

A pregnant Employee must provide at least six (6) weeks’ written notice of the date she will start her maternity leave. If requested by the Employer, the Employee will provide medical certification giving the estimated date of delivery.

(d)

An Employee not providing sufficient notice will be entitled to maternity leave if, within two (2) weeks after ceasing to work, she provides the College with medical certification indicating that she was unable to work due to a pregnancy related medical condition and the estimated or actual date of delivery.

(e)

If during the twelve (12) weeks immediately before the estimated date of delivery the pregnancy of an Employee interferes with the performance of her duties, the College may give the Employee written notice requiring her to start maternity leave.

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9.2 (a)

An Employee will be granted parental leave as follows: i)

a period of not more than thirty-seven (37) consecutive weeks immediately following the last day of their maternity leave;

ii)

a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child’s birth, for a parent who has been employed for at least fifty-two (52) consecutive weeks.

iii)

a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child is placed with the adoptive parent for the purpose of adoption, for an Employee who is an adoptive parent and who has been employed for at least fifty-two (52) consecutive weeks.

(b)

If two (2) Lakeland College employees are parents of the same child only one (1) employee will be granted parental leave at a time.

(c)

An Employee must normally provide the College with at least six (6) weeks’ written notice of the date he/she will start parental leave.

(d)

Written notice under Article 9.1 (c) is deemed to be notice of parental leave unless the notice specifically provides that it is not notice of parental leave.

9.3

An Employee who does not wish to resume employment after maternity or parental leave must give the employer at least four (4) weeks’ written notice of intention to terminate employment.

9.4

An Employee granted maternity and/or parental leave shall be returned to their former position or be placed in another comparable position at the same salary level upon his/her return to work. The Employee will be required to give four (4) weeks’ notice of his/her intention to return to work. Failure to return to work on the date specified in the written notice shall constitute an abandonment of position, unless the failure to provide notice or return to work resulted from unforeseeable or unpreventable circumstances.

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SECTION 10 – CASUAL ILLNESS 10.1

“Casual Illness” means an illness which causes an employee to be absent from duty for a period of three (3) consecutive work days or less. If an employee is ill at work or requires time off for the purposes of attending a dental, optical, medical or physiotherapy appointment, provided he/she has been given prior authorization by the employer and he/she works one hour in the half day he/she is absent for these purposes, such absence shall neither be charged against his/her casual illness entitlement, nor shall a deduction in pay be made for the time lost in the half day in which he/she became ill or attended the appointment.

10.2

At the commencement of each fiscal year, an employee shall be entitled to a maximum of ten (10) work days of casual illness leave with pay. Each day or half day of casual illness used shall be deducted from the casual leave entitlement for that fiscal year. This entitlement will be prorated for those eligible employees who commence employment other than at the commencement of a fiscal year.

SECTION 11 – GENERAL ILLNESS

11.1

“General Illness” means an illness which causes the employee to be absent from duty for a period of more than three (3) consecutive work days but shall not exceed one hundred and thirty (130) consecutive work days. General Illness leave shall be in addition to any Casual Illness leave entitlements specified in Section 10.

11.2

An employee, at the commencement of each year of employment, shall be entitled to General Illness leave at the specified rates of pay in accordance with the following sub-clauses, and the application of such General Illness leave shall be as set out in accordance with Section 11.3 herein: (a)

Illness commencing in the first month within the first year of employment; no salary for each of the first ten (10) work days of illness and seventy (70) percent of normal salary for each of the next one hundred and twenty (120) work days of illness:

(b)

Illness commencing during the initial probationary period but following the first month of employment; one hundred (100) percent of normal salary for each of the first twenty (20) work days of illness and seventy (70) percent of normal salary for each of the next one hundred and ten (110) work days of illness;

(c)

Illness commencing during the continuing appointment status period; one hundred (100) percent of normal salary for each of the first one hundred and thirty (130) work days of illness;

(d)

For purposes of this Section, “employment” includes salaried employment and also any prior full-time employment on wages provided that there is not a break in service.

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11.3

An employee, upon return to active work after a period of General Illness of less than one hundred and thirty (130) consecutive work days will have any illness leave days used for which normal salary was paid at the rate of one hundred (100) percent, reinstated for future use at the rate of seventy (70) percent of normal salary, within the same year of employment. General Illness leave days used for which normal salary was paid at the rate of seventy (70) percent shall be reinstated for future use within the same year of employment, at the rate of seventy (70) percent of normal salary.

11.4

For purposes of this Section, the maximum period of continuous absence recognized shall be one hundred and thirty (130) consecutive work days.

Absences due to illness or disability in excess of that period shall be subject to Long Term Disability.

11.5

An employee is not eligible to receive sick leave benefits under this Section if the absence is due to an intentional self-inflicted injury.

11.6

When a day designated as a Paid Holiday under Section 5 falls within a period of General Illness it shall be counted as a day of General Illness and under no circumstances shall an employee be authorized both a day of General Illness and a holiday for the same day.

11.7

An employee on professional development shall be entitled to all benefits pursuant to this Section.

11.8

The employee shall provide a medical certificate for any absence under General Illness.

11.9

The Board of Governors and the Administration Staff agree that all benefits as provided in Sections 10 and 11 are intended only for the purpose of protecting an employee from loss of income when the employee is ill.

11.10 The College will attempt to accommodate an employee’s return to work on a modified work program following a General Illness leave. This will be assessed on a case-by-case basis.

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SECTION 12 – MEDICAL EXAMINATIONS 12.1

The employer may require that an employee be examined by a Medical Board: (a)

In the case of prolonged or frequent absence due to general illness;

(b)

When it is considered that an employee is unable to satisfactorily perform his/her duties due to disability or illness.

12.2

Where the employer requires an employee to undergo periodic compulsory medical examinations as a condition of employment or because he/she is unable to perform his/her duties at a competent level as a result of a disability caused by sickness or injury, the cost of such examinations shall be paid by the employer.

12.3

Pursuant to Section 12.1, an employee shall be entitled to have his/her personal physician or other physician of his/her choice to be a member of the Medical Board or to act as his/her counsel before the Medical Board. Expenses incurred under this Section shall be paid by the employer. A copy of the report of the Medical Board shall be sent to the employee’s physician.

12.4

The report of the Medical Board to the employer shall be limited to the conclusions and recommendations of the Board and the medical information leading to those conclusions and recommendations.

12.5

Where an employee has been examined by a Medical Board and is also applying for LTD benefits, a copy of the report of the Board shall be considered as part of the employee’s application.

12.6

The employer may also require the employee to submit proof of attendance at a dental, medical, optical or physiotherapy appointment when time off work is granted to attend such appointments. Such proof may take the form of a medical certificate or a sworn statutory declaration.

SECTION 13 – LONG TERM DISABILITY INSURANCE The Employer will effect and maintain a Long Term Disability Insurance plan for eligible employees. The Employer shall pay the total monthly premium cost of providing the benefits.

The Administrative Group Executive will be consulted regarding required changes in the premium costs and changes to the plan’s content.

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SECTION 14 – HEALTH SPENDING ACCOUNT 14.1

Subject to the administrative guidelines, Continuing and Temporary employees may be eligible to receive a Health Spending Account, with allocations prorated from the following annual maximums:

Full-Time Continuing

Family - $800

Single - $400

Part-Time Continuing

Family - $480

Single - $240

Temporary

Family - $600

Single - $300

Effective August 1, 2015, The Health Spending Account only identified in 14.1 above, will be replaced with a new combined Health Spending Account/Wellness Spending Account (HSA/WSA).

14.1

Subject to the administrative guidelines, Continuing and Temporary employees may be eligible to receive a Health Spending Account, with allocations prorated from the following annual maximums: Full-Time Continuing

Family - $800

Single - $400

Part-Time Continuing

Family - $480

Single - $240

Temporary

Family - $600

Single - $300

(a)

The guidelines for the HSA portion of this account remain unchanged from previous. For the WSA, Product Categories will include the following: Health Support

Fitness and Sports Activities

Fitness and Sports Equipment

Family Care

Financial Contributions

Legal and Financial Advice

Recreational and Leisure Activity

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(b)

By June 30th of each year, employees eligible for the HSA/WSA account will make an allocation for utilization of their HSA/WSA credits for the next benefit year (August 1 – July 31). Any employees that do not respond by June 30th will have all credits assigned to the HSA portion of this account only.

(c)

Any unused allocations in an employee’s HSA/WSA as of July 31 st of each year will have credits carried forward to the next benefit year, for a maximum of one year.

(d)

Where the Employer chooses to contract with an insurer for the administration of the HSA/WSA, the administration of the Account shall be subject to and governed by the terms and conditions of the applicable contract. A copy of this contract shall be provided to the Chair, Administrative Group

SECTION 15 – GROUP INSURANCE Employees will be provided coverage, which will include: 15.1

Group Life Insurance Plan:  

15.2

Extended Health Care:  

15.3

The employer pays 100% of the premium.

For Continuing Part Time Employees the employer pays 50% of the premium.

Optional Life Insurance 

15.4

3 x basic annual salary, to a maximum of $200,000 The employer pays 75% of the premium.

The employee pays 100% of the premium.

Dental Plan     

Minor Treatment – 100% coverage Major Treatment – 80% coverage Orthodontic Treatment – 50% coverage The employer pays 100% of the premium.

Continuing Part Time Employees shall receive a part time dental benefit equal to 50% for Minor, 40% for Major, and 25% for Orthodontics.

The maximum benefit payment under the Plan is two thousand ($2,000) for full-time continuing and one thousand ($1000) for part-time continuing per covered person per benefit year.

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15.5

Accidental Death and Dismemberment  

15.6

The employer maintains a Master Insurance Policy that provides insurance coverage up to a maximum principle sum of $250,000 in the event of accidental death, or in the case of dismemberment.

The employer pays 100% of the premium.

Optional Personal Accident Insurance 

The employee pays 100% of the premium.

15.7

The employer provides general liability insurance coverage for all employees while engaged in the scope of their duties.

15.8

The employer shall pay a monthly premium cost not exceeding that amount paid as of July 1, 2014, for each eligible employee, for those benefits described in clauses 15.1, 15.2, 15.4 and 15.5 above.

SECTION 16 – EMPLOYMENT INSURANCE PREMIUM REDUCTION OR REBATE The Employer shall retain the full amount of any premium reduction or rebate allowable on employment insurance by the Employment Insurance Commission which is granted as a result of the benefits covering Administrative Group members.

The premium reduction or rebate shall be recognized as the Administrative Group member’s contribution towards the benefits provided.

SECTION 17 – PROFESSIONAL DEVELOPMENT 17.1

The College is committed to encouraging and supporting the professional development of its employees.

17.2

Long and short term professional development will be administered in accordance with the applicable College policies and procedures.

SECTION 18 – TRAVEL AND SUBSISTENCE EXPENSES Employees will receive reimbursement of travel expenses and subsistence allowances as outlined in Procedure 3.52, “Travel & Expense Allowances – Canada & USA”.

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SECTION 19 – TERMINATION OF EMPLOYMENT 19.1

Resignation An employee wishing to resign is normally required to submit a written resignation at least two (2) months prior to the effective date of termination.

19.2

19.3

In the event that the College terminates the employment of an individual prior to the end of their appointment, the following conditions will apply: (a)

Where termination is for just cause, no notice or severance payment will be made by the College.

(b)

Where termination is without just cause during the employee’s probationary period, one month’s notice or pay in lieu of notice will be paid.

(c)

Where termination is without just cause following the completion of the employee’s probationary period, the employee will receive at least two (2) months’ notice, or pay in lieu of notice. The employee will receive one month’s salary for each full year of continuous service at the College, to a maximum of twelve (12) months, in addition to the notice period.

Position Abolishment When the College determines that the position of a continuing employee is to be abolished, the College will make a reasonable effort to relocate the employee in another position at the College. If a suitable position cannot be identified by the College, the College will provide notice and severance as identified in Article 19.2 (c). The President may also approve proposals for retraining to assist with relocation options.

SECTION 20 – OUTSIDE EMPLOYMENT Employment external of the College shall not interfere with the performance of the employee’s responsibility, or constitute a conflict of interest.

SECTION 21 – APPEAL PROCEDURE Where differences of opinion arise surrounding the application, interpretation, or alleged violation of these Terms and Conditions of Employment, and also surrounding the duties performed by an employee and the salary assigned to his/her position, the following appeal procedure shall apply:

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21.1

The employee and the immediate supervisor shall first attempt to resolve the difference of opinion. If not resolved,

21.2

The employee shall provide, to the President or appropriate Vice President, within twenty (20) work days of the date upon which the subject of the difference occurred, a written description of his/her difference of opinion relative to the action taken by the College. Where the immediate supervisor is the Vice President, the written description shall be forwarded to the President.

21.3

The President, Vice President, or their designate shall review the facts surrounding the difference of opinion and provide a written decision to the employee and involved supervisor(s) within twenty (20) work days.

21.4

The final administrative level of appeal except for dismissal and demotion shall be to the President. The President may employ any means he/she deems reasonable (e.g., committee for recommendation, meeting of parties, consultation with staff, peers and external resources) to review and resolve the difference of opinion submitted.

21.5

In cases of dismissals or demotions and having pursued the appeal procedure outlined above, the employee may submit a written appeal to the Board of Governors. The decision of the Board of Governors will be final and binding on all interested parties.

SECTION 22 – REVIEW OF TERMS AND CONDITIONS OF EMPLOYMENT 22.1

These Terms and Conditions of Employment will remain in effect for a period of one year, from July 1, 2016 to June 30, 2017, and thereafter shall continue in effect from year to year unless amended, or as adjusted as herein provided.

22.2

Prior to July 1 of each year, the Board of Governors, or its designated committee, will in consultation with the Administrative Group Executive, and in recognition of other salary settlements, review and adjust the salary ranges identified in Appendix B.

22.3

A Joint Consultation Committee will be established and shall meet at the request of either party to discuss issues arising from the application of these Terms and Conditions of Employment or other issues of concern.

22.4

If the College chooses to implement a new position classification and compensation system during the term of these Terms and Conditions of Employment, Sections directly related to the implementation of these systems may be amended as needed.

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APPENDIX A Administrative positions covered by these terms and conditions: Management Positions Chief Financial Officer Coordinator, Health Services Coordinator, Pesticide Certificate & Business Development Coordinator, Safety & Environment Coordinator, Staff Training & Development Corporate Accountant Crop Research Specialist Dean, Agricultural Sciences Dean, Business & Continuing Education Dean, Emergency Training Centre Dean, Energy & Environmental. Sciences Dean, Health, Wellness & University Transfer Dean, Student Services./Registrar Dean, Teaching & Learning Dean, Trades & Technology Development Officer Director, Applied Research Director, Athletic Director, College Facilities. & Services Director, Human Resources

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Director, Information Technology Director, Marketing & Communication.

Donor Relations Officer Financial Aid & Awards Officer Financial Analyst Financial Systems Analyst Human Resources Assistant Human Resources Consultant Manager, Alumni & Fund Development Manager, Athletics Fund Development Manager, Capital Projects Manager, College Farm Manager, Enterprise Risk Manager, Equine & Rodeo Operations.

Manager, International Manager, IT Operations Manager, Student Life Manager, Technical Services & Field Services Revenue & Reporting Analyst Senior Development Officer Student Services Coordinator

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Excluded Positions Administrative Assistant, Human Resources Executive Assistant to the President & Board Executive Assistant to the Vice President, Academic Executive Assistant to the Vice President, Advancement & External Relations Executive & International Support Assistant

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APPENDIX B

Administrative Salary Ranges July 1, 2016 - June 30, 2017

Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 Level 8 Level 9 Level 10 Level 11 Level 12 Level 13 Level 14 Level 15 Level 16 Level 17 Level 18 Level 19 Level 20 Level 21 Level 22 Level 23 Level 24 Level 25

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7

29,333 31,090 32,956 34,937 37,031 39,252 41,607 44,106 46,752 49,554 52,529 55,679 59,022 62,563 66,317 70,294 74,515 78,984 83,724 88,746 92,145 97,672 103,531 109,747 116,331

30,483 32,316 34,253 36,308 38,485 40,796 43,243 45,838 48,588 51,504 54,591 57,868 61,341 65,021 68,924 73,059 77,441 82,088 87,015 92,235 95,765 101,511 107,603 114,059 120,903

31,683 33,582 35,600 37,735 39,999 42,400 44,943 47,639 50,497 53,526 56,739 60,144 63,752 67,576 71,633 75,930 80,485 85,314 90,433 95,857 99,528 105,502 111,832 118,541 125,653

32,928 34,904 36,997 39,217 41,572 44,065 46,708 49,510 52,482 55,631 58,970 62,508 66,257 70,233 74,448 78,912 83,648 88,666 93,984 99,624 103,440 109,647 116,225 123,197 130,591

34,222 36,274 38,452 40,760 43,203 45,796 48,546 51,456 54,544 57,816 61,286 64,964 68,861 72,993 77,373 82,015 86,935 92,152 97,680 103,541 107,506 113,956 120,795 128,039 135,721

35,568 37,703 39,962 42,361 44,902 47,597 50,451 53,480 56,687 60,089 63,694 67,517 71,566 75,860 80,410 85,239 90,353 95,772 101,522 107,611 111,732 118,436 125,539 133,073 141,057

36,963 39,181 41,532 44,024 46,668 49,468 52,435 55,581 58,915 62,451 66,196 70,169 74,379 78,843 83,573 88,588 93,903 99,539 105,510 111,840 116,121 123,088 130,476 138,302 146,600

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