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  • 1. Non-Contract Employees   Terms and Conditions of Employment Updated: September 30, 2009 Updates in bold italics
  • 2. TABLE OF CONTENTS 1.0 INTRODUCTION................................................................................................................................ 4 2.0 ASSOCIATION MEMBERSHIPS ...................................................................................................... 4 3.0 BRIDGING OF SERVICE .................................................................................................................. 4 4.0 BUSINESS / TRAVEL EXPENSES / AUTOMOBILE INSURANCE ................................................. 4 5.0 COMPENSATION .............................................................................................................................. 5 5.1 Compensation Philosophy.............................................................................................................. 5 5.2 Salary Ranges ................................................................................................................................ 7 5.3 Compensation Strategy .................................................................................................................. 7 5.4 Pay for New Hires........................................................................................................................... 8 5.5 Voluntary Transfer to a Job with a Lower Salary Range ................................................................ 8 5.6 Involuntary Transfer to a Job with a Lower Salary Range ............................................................. 8 5.7 Lateral Transfer .............................................................................................................................. 9 5.8 Promotional Increases.................................................................................................................... 9 5.9 Reclassification of a Job to a Higher Salary Range ....................................................................... 9 5.10 Wage Protection ............................................................................................................................. 9 5.11 Salary Differentials Related to Supervisory Relationships ............................................................. 9 5.12 Salary Administration Procedures ................................................................................................ 10 5.13 Special Adjustments ..................................................................................................................... 10 6.0 EMPLOYEE AND FAMILY ASSISTANCE PROGRAM.................................................................. 10 7.0 EXEMPT AND SAVE HARMLESS.................................................................................................. 10 8.0 GROUP BENEFITS PROGRAM ..................................................................................................... 11 9.0 HOURS OF WORK .......................................................................................................................... 13 10.0 LEARNING AND DEVELOPMENT ................................................................................................. 13 11.0 LEAVES OF ABSENCE .................................................................................................................. 13 11.1 Maternity ....................................................................................................................................... 13 11.2 Parental ........................................................................................................................................ 14 11.3 Adoption........................................................................................................................................ 15 11.4 Bereavement ................................................................................................................................ 16 11.5 Court Appearance......................................................................................................................... 17 11.6 Personal........................................................................................................................................ 17 11.7 Short Term Sick ............................................................................................................................ 17 11.8 Compassionate Care.................................................................................................................... 18 12.0 ON – CALL ...................................................................................................................................... 18 13.0 OVERTIME....................................................................................................................................... 18 13.1 Non-Management Employees ...................................................................................................... 18 13.2 Management Employees.............................................................................................................. 18 14.0 PART-TIME EMPLOYEES .............................................................................................................. 19 15.0 PENSION PLAN .............................................................................................................................. 19 16.0 PORTABILITY ................................................................................................................................. 19 17.0 PROBATIONARY AND QUALIFYING PERIODS........................................................................... 19 17.1 Probationary Periods .................................................................................................................... 19 17.2 Qualifying Periods......................................................................................................................... 20 VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 2 of 26
  • 3. 18.0 RETIREMENT ALLOWANCE ......................................................................................................... 20 19.0 STATUTORY HOLIDAYS................................................................................................................ 20 20.0 TERMINATION OF EMPLOYMENT – VOLUNTARY ..................................................................... 21 21.0 TERMINATION OF EMPLOYMENT – INVOLUNTARY.................................................................. 21 21.1 With Cause ................................................................................................................................... 21 21.2 Without Cause .............................................................................................................................. 21 21.3 Fixed Term Employment Relationships........................................................................................ 21 21.4 Indefinite Term Employment Relationships.................................................................................. 22 21.5 No Compensation Required With Working Notice ....................................................................... 22 21.6 Severance Payments ................................................................................................................... 23 21.7 Duty To Mitigate............................................................................................................................ 23 21.8 Outplacement Services ................................................................................................................ 24 22.0 VACATION....................................................................................................................................... 24 23.0 WORKERS’ COMPENSATION LEAVE .......................................................................................... 25 24.0 LONG TERM DISABILITY............................................................................................................... 25 APPENDIX A .............................................................................................................................................. 26 VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 3 of 26
  • 4. 1.0 INTRODUCTION This document provides information on Terms and Conditions of Employment relating to hours of work, compensation and benefits, and general working conditions for Non–Contract Employees. 2.0 ASSOCIATION MEMBERSHIPS Subject to available funding, prior approval, and organizational guidelines, individual membership for professional associations that have direct benefit to VIHA may be paid as follows: ■ Directors - Up to two memberships. ■ Managers and other Non-contract Employees - One membership. This includes memberships required to maintain an employee’s professional designation. 3.0 BRIDGING OF SERVICE If a full-time employee resigns from employment as a result of a decision to raise a dependent child or children residing with the employee, and is subsequently re-employed by VIHA, upon application, the employee shall be credited with length of service accumulated at the time of resignation. The following conditions shall apply: The employee must have completed three (3) consecutive years of full-time service with VIHA. The resignation must indicate that the reason for termination is to raise a dependent child or children. The break in service shall be for no longer than three (3) years, and during that time the employee must not have engaged in remunerative employment for more than six (6) months cumulative. The employee must serve a six (6) month probationary period. An employee returning to work under this clause shall retain the years of service for entitlements such as vacation entitlement and retirement severance payments. Other than years of service for entitlements, VIHA will not extend or be responsible for any other entitlements or rights under this provision. 4.0 BUSINESS / TRAVEL EXPENSES / AUTOMOBILE INSURANCE Reasonable out-of-pocket expenses for business-related activities and travel shall be reimbursed to employees pursuant to VIHA Policy 4.4.1 – Reimbursement of Travel Expenses. An employee who is required to use his/her personal vehicle for the employer’s business must ensure that his/her vehicle has adequate auto insurance to cover the business purpose for which it is used. Upon production of satisfactory documentation, VIHA will reimburse the employee the additional cost of insurance for business use. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 4 of 26
  • 5. 5.0 COMPENSATION 5.1 Compensation Philosophy Introduction VIHA believes in providing employees with a challenging workplace, support for their development and rewards for their contribution. In return, VIHA expects employees to accept accountability and to develop, and effectively apply, the skills needed to meet organizational objectives. VIHA provides and maintains a total compensation program compatible with, and supportive of, the overall organizational philosophy. This total compensation program or total rewards strategy includes a number of components: ■ Provincial range adjustments ■ Salary progression linked to performance; ■ Insured benefit programs, pensions, and other perquisites; ■ Learning and development; and ■ Acknowledgement and recognition. Direct Compensation VIHA believes in treating employees equitably and strives to achieve equity through its compensation policies and practices in three (3) key areas: ■ Internal equity through an Evaluation System; ■ External equity by comparison to the relevant external market (other health authorities); and ■ Individual equity by acknowledging that employees have different levels of experience and performance. Direct compensation (salary) will be: ■ Internally equitable in relation to the value of each job; and ■ Externally competitive in relation to the provincial health care sector and other relevant comparators. Indirect Compensation Indirect compensation (such as benefits, pensions, vacations, and paid leaves) will be: ■ Competitive with the practices of the provincial health care sector. Roles and Responsibilities Salary administration at VIHA is based on shared responsibility: The Vice-President, People and Organizational Development, Practice and Chief Nurse Executive is accountable to: ■ Develop and revise policies governing salary administration for approval by the Executive; ■ Direct the salary administration process; and ■ Provide guidelines to managers to ensure that salary decisions are made on a sound and consistent basis throughout VIHA. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 5 of 26
  • 6. Managers are accountable to: ■ Administer compensation policies consistent with VIHA’s compensation philosophy and framework; ■ Evaluate the performance of their employees; and ■ Establish actual rates of pay in consultation with Human Resources. Compensation Systems ■ The Compensation Philosophy identifies how pay will be determined in relation to pay trends in the labour market. ■ Salary structures provide the framework for establishing and adjusting employees’ salaries. ■ Role analysis, role descriptions and role evaluations are used to establish the internal VIHA hierarchy that reflects the relative value of jobs. Design of the Salary Plan The Salary Plan is designed to reflect the needs of the organization, our employees and to ensure compliance with industry guidelines. ■ Establishes a salary range for each job and a mechanism for salary progression. ■ Provides for and links annual salary progression to individual performance and organizational goals. Performance Recognition and Development VIHA believes that a well-designed and supportive performance recognition and development program presents a significant opportunity to: ■ Align individual performance expectations with organizational goals and objectives; ■ Support quality initiatives; ■ Support the career planning process, and ■ Provide a basis for pay progression and a re-earnable merit compensation program. VIHA relies on individual performance to: ■ Help define individual performance expectations; ■ Provide ongoing opportunities for managers to coach and encourage personal development; and ■ Provide a framework for staffing and succession planning decisions. Fundamental to achieving VIHA’s overall strategic direction is a management philosophy that embraces the following guiding principles concerning performance, recognition and development: ■ A partnership between VIHA and its employees; ■ A linkage to the vision, mission and values of the organization; ■ A focus on performance recognition and development, individual success and job satisfaction; VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 6 of 26
  • 7. ■ An opportunity for employees to participate in the development of objectives and performance criteria; and ■ A means of promoting fair, honest and constructive communication between the manager and employee regarding expectations and performance to ensure a reliable and valid measure of performance. Nomenclature Role Titles To promote consistency throughout the organization, role titles will be established in consultation with Human Resources and in accordance with the overall organizational direction. Organizational Units The nomenclature for organizational units will reflect the hierarchy of VIHA and will be linked to the role title guidelines. Employee Status There are five (5) categories of employee status used to determine employee compensation, benefits and terms and conditions of employment. These are: Regular Full-time: employed on an ongoing basis to work full-time hours, 37.5 hours per week or 1950 hours per annum. Regular Part-time: employed on an ongoing basis to work part-time hours greater than or equal to 15 hours per week. Temporary Full-time: employed for a definite period to work full-time hours. Temporary Part-time: employed for a definite period to work part-time hours. Casual: employed on an intermittent basis, as required. 5.2 Salary Ranges HEABC is responsible to provide health care employers with salary reference ranges. Salary reference ranges are adjusted on a periodic basis to reflect changing labour market conditions. Salary ranges for all non-contract jobs within VIHA will be developed in consultation with HEABC, utilizing the Health Sector’s Compensation Reference Plan. For a table illustrating the Compensation Strategy, please refer to Appendix A 5.3 Compensation Strategy Developmental Portion Salaries established in the Developmental portion are generally reserved for individuals who are on a steep learning curve toward mastering the responsibilities and accountabilities associated with their roles. The Developmental portion is viewed as a temporary compensation arrangement. The goal is to move the employee into the Competitive Market Rate portion as quickly as possible based on a robust personal developmental plan. Competitive Market Portion Salaries established in the Competitive Market portion are reserved for individuals who display full competence in their role. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 7 of 26
  • 8. Progression through the Competitive Market portion is based on the results of the Performance Recognition and Development Program (PRDP) for Non-Contract Employees. Progress through this portion is based on the performance levels that follow: Performance Level Eligible Increase Not Achieved no increase Partially Achieved discretionary “lift” increase Fully Achieved “lift” increase + “step” increase Exceeded “lift” increase + discretionary multi-step increase “lift” increase refers to the provincial range adjustments from HEABC to be implemented April 1st of each year “step” increase refers to moving a step on the VIHA approved salary schedule effective October 1st of each year Reserved Portion (Not applicable for Salary Ranges 1 to 4) Salaries in the Reserved portion are available to address emergent circumstances or to address unique operational requirements. Proposed salaries in the reserved portion are referred to the Non-Contract Advisory Committee for review and recommendation. Progression through the reserved portion is generally reserved for application of a re-earnable merit compensation program. Annual compensation adjustments established in the reserved portion are based on the results of the PRDP. In order to be eligible, a rating of “exceeded” must be achieved and is subject to the review and recommendations of the Non-Contract Advisory Committee. 5.4 Pay for New Hires The following process will be used to determine the starting salary for new employees: The job will be defined, evaluated, and assigned a salary range in accordance with the Health Sector’s Compensation Reference Plan, in consultation with HEABC. The starting salary will be determined following consultation with Human Resources and will take into account the new hire’s experience, skills and competencies, and current placement of incumbents with comparable jobs. 5.5 Voluntary Transfer to a Job with a Lower Salary Range If an employee voluntarily transfers to a job with a lower salary range, he/she will be placed at a point in the new range that takes into account experience, skill and competencies. This new placement will not exceed his/her former rate of pay. 5.6 Involuntary Transfer to a Job with a Lower Salary Range If an employee is transferred to a job with a lower salary range as a result of restructuring, the employee will be given the option of accepting: A new job; or VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 8 of 26
  • 9. A notice period pursuant to the Termination of Employment without Cause section of the Terms and Conditions of Employment. 5.7 Lateral Transfer A lateral transfer, defined as a different job at the same salary range, does not typically trigger a salary adjustment. 5.8 Promotional Increases Pursuant to Section 5.5, promotion to a job with a higher salary range will be determined following consultation with Human Resources and will take into account the employee’s experience, skills and competencies, and current placement of incumbents with comparable jobs. Acting assignments. An acting assignment is defined as temporary relief in a higher rated job and/or the addition of an extra job. Employees who are officially designated as Acting, in the absence of the incumbent, for a minimum of three weeks, are eligible for a salary increase of up to 10% for the duration of the Acting assignment. 5.9 Reclassification of a Job to a Higher Salary Range Upon reclassification, the employee may receive a salary increase up to his/her comparison-ratio. 5.10 Wage Protection Where, through reclassification or a new assignment pursuant to Section 5.7, an employee’s current salary is greater than five percent (5%) in excess of the competitive market rate maximum of their former classification or of their new job to which they are now assigned, their salary will be reduced. Where this occurs wage protection will be provided as follows: The employee’s salary will be frozen at the higher rate for a period of one year after which their salary will be reduced to one-half the difference between the higher rate and the competitive market rate maximum for the reclassified or new job. The reduced rate shall be frozen until such time as the rate of the reclassified or new job equals or exceeds that of the frozen rate. 5.11 Salary Differentials Related to Supervisory Relationships To alleviate compression, which may result from the supervision of bargaining unit employees, as a general guideline, the actual base salary of the supervisor may be adjusted up to a maximum of 12% higher than the actual base salary of his/her highest paid unionized employee. The Manager determines whether the supervisor’s salary should be adjusted and recommends the amount of the salary differential to Human Resources. The guideline provides for a differential of up to 12% but is not an automatic adjustment as other factors are considered, such as the skills, knowledge, experience, and abilities of the supervisor. After analyzing the particular circumstances of each salary compression application, Human Resources will develop a recommended approach for approval by the Corporate Director, HR, Employee Services, consistent with Health Care’s Compensation Reference Plan. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 9 of 26
  • 10. 5.12 Salary Administration Procedures VIHA recognizes that exceptional circumstances may arise in the administration of the Compensation Strategy; as such a Non-Contract Advisory Group is in place to review and make recommendations about the compensation and titling of new and revised roles in exceptional circumstances. 5.13 Special Adjustments On occasion, adjustments outside of the normal salary schedule and guidelines may be necessary to improve or correct pay relationships between individuals in the same or comparable jobs. Special adjustments must be brought forward to the Corporate Director, HR, Employee Services for approval from the Vice-President Human Resources and Organizational Development, Practice and Chief Nurse Executive or designate. 6.0 EMPLOYEE AND FAMILY ASSISTANCE PROGRAM VIHA employees and their eligible family members have access to the confidential services of an Employee and Family assistance program. 7.0 EXEMPT AND SAVE HARMLESS VIHA will indemnify and save harmless employees from any loss, costs, damages, fines or penalties of any nature or kind whatsoever arising from the performance of their duties so long as such duties were performed in good faith, and with reasonable skill and diligence. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 10 of 26
  • 11. 8.0 GROUP BENEFITS PROGRAM VIHA shall sponsor group benefit plans for employees and their eligible dependents. Employee participation shall be subject to the rules and regulations of these plans. All regular and temporary employees and their eligible dependents/spouses will be eligible for enrolment in the industry standard benefit package inclusive of: ■ Medical Services Plan ■ Extended Health Care Plan ■ Dental Plan ■ Long Term Disability ■ Group Life Insurance ■ Dependent Group Life Insurance ■ Accidental Death & Dismemberment ■ Worldwide Emergency Medical Assistance Casual employees hired for a specific period may be eligible for limited benefit coverage. Type Employee Type Description Benefit Package Eligibility Vacation & Sick Benefits Regular Employee hired into a regular full- Staff/Management Benefit Employee time or part-time (must work a Package Vacation leave accruals minimum of 15 hours weekly) Medical Services Plan Sick leave accruals budgeted position Dental Coverage Paid Statutory Holidays Extended Health Coverage (4.2% paid in lieu of to Part- Life Insurance + Accidental Time employees) Death Coverage Dependent Life coverage Long Term Disability coverage 100% Employer Paid Temporary Employee hired on a temporary Staff/Management Benefit Vacation leave accruals Employee basis of at least 1 year, pending Package Sick leave accruals budget approval for regular Same as above Paid Statutory Holidays status. Must work a minimum of (4.2% paid in lieu of to Part- 15 hours weekly 100% Employer Paid Time employees) VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 11 of 26
  • 12. Term Specific Employee hired for a specified Level 2 Benefit Package Vacation leave accruals Employee term of employment of 1 year or Same as above but limited Sick leave accruals more– start and end dates Life Insurance coverage and Paid Statutory Holidays defined. Must work a minimum of no access to Long Term (4.2% paid in lieu of to Part- 15 hours weekly Disability insurance Time employees) Example: Hired for a 1-year 100% Employer Paid project or to provide coverage for a 12-month maternity leave position. Casual Employee Employee hired for a specific term Level 1 Benefit Package of employment of at least 6 Medical Services Plan 8% paid in lieu of vacation months and less than 1 year. Limited Extended Health time Must work a minimum of 15 hours coverage 4.2% paid in lieu of weekly. Limited Dental coverage statutory holidays Life Insurance coverage No entitlement to paid sick Example: Hired for a 6-month $10,000 leave project or to provide coverage for No access to Long Term a 7-month sick leave position. Disability insurance 100% Employer Paid Casual Employee Employee has worked over 187.5 Level 1 Benefits Available 8% paid in lieu of vacation hours (or has transferred from Medical Services Plan time Regular or Term employment to Limited Dental coverage 4.2% paid in lieu of casual status). Limited Extended Health statutory holidays coverage No entitlement to paid sick leave 100% Employee Paid Casual Employee Employee has worked less than Not eligible 8% paid in lieu of vacation 187.5 hours time 4.2% paid in lieu of statutory holidays No entitlement to paid sick leave Employer Paid benefits will continue for the first 150 hours of unpaid leave (pro-rated for employees working less than full-time), after which time, if the employee continues to be on an unpaid leave of absence, they will be given the option of purchasing benefit coverage at their own expense. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 12 of 26
  • 13. 9.0 HOURS OF WORK Hours of work for a full-time employee will be 37.5 hours per week based upon 7.5 hours per day. In addition, such extra time as is required to fulfill the normal operational requirements of the position held is an expectation of all employees. 10.0 LEARNING AND DEVELOPMENT VIHA recognizes that the quality of its service depends on the competence and commitment of its human resources. Therefore, VIHA is committed to assisting employees enhance and develop their knowledge and skills. VIHA will reimburse the costs for employer-initiated training. When a work-related development program is requested by an employee the employee’s manager will review the request. Approval of the request will be subject to budgetary considerations, operational requirements, relevance to present or future assignments and the benefit to the delivery of services. Subject to the Manager’s approval, paid time off, and reimbursement for tuition, materials and other expenses related to the program may be made available to the employee. Reimbursement of expenses is subject to successful completion of the program. It should be noted that budgetary considerations may dictate a cost sharing arrangement between VIHA and the employee. Where VIHA provides financial assistance to an employee for continuing education with an external educational institution, the employee may be required to enter a return-of-service agreement with the employer. 11.0 LEAVES OF ABSENCE 11.1 Maternity Maternity leave will be granted for a period of up to seventeen (17) weeks without pay. The leave can begin as early as eleven (11) weeks prior to the expected date of birth. Employment Insurance (EI) may be available for fifteen (15) weeks of maternity leave. Maternity Leave Top-up Allowance During the two-week EI waiting period, eligible employees may be entitled to receive 85% of their normal weekly earnings from VIHA, prorated for eligible part-time employment. For the remaining 15 weeks employees may be entitled to receive a top- up to the EI benefit equal to 85% of their normal weekly earnings. An employee who received Maternity Leave Top-Up Allowance and who fails to return to a regular position within VIHA for a minimum of six months shall be required to repay to VIHA the Top-Up Allowance received during the Leave. An employee may elect, prior to commencement of the leave, to waive the right to Top-Up Allowance. Benefit Coverage For the period of maternity leave VIHA will continue to pay, for eligible employees, the premiums for health and insurance benefits (Medical Services Plan, Extended Health, Dental, Life Insurance, Long Term Disability and Accidental Death & Dismemberment). DRAFT - VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 13 of 26
  • 14. An employee who received employer paid benefits and who fails to return to a regular position within VIHA for a minimum of six months shall be required to repay VIHA for any benefit coverage enjoyed during the Leave. An employee may elect, prior to the commencement of the leave, to waive the right to benefit coverage during the leave period. Pension Plan (B.C. Pension Corporation) Pension plan contributions by the employee and VIHA will continue during the period of maternity leave, but only on VIHA top-up earnings for eligible employees. Therefore, pensionable service will not accrue for the full period of maternity leave. The employee will however, be eligible to purchase the service upon return to work. Accruals While on maternity leave, vacation will accrue at the level to which the employee would have been entitled had the employee been actively at work. Sick and statutory holiday credits will not accrue. Returning To Work Employees are requested to provide their Manager with as much notice as possible of their intended return to work date (at least 30 days prior to the end of the leave) 11.2 Parental Parental leave will be granted for a period of up to thirty-five (35) weeks without pay, which may be taken by the birth mother in combination with maternity leave. Thirty-seven (37) weeks parental leave may be granted if the employee is the other parent or birth mother who is not claiming maternity leave. A maximum of thirty-five (35) weeks of parental benefits may be payable through EI. Parental Leave Top-up Allowance Eligible employees will be entitled to receive a top up to the EI benefit from VIHA equal to 75% of normal weekly earnings for a maximum of 10 weeks, prorated for eligible part- time employees. An employee who received Parental Leave Top-Up Allowance and who fails to return to a regular position within VIHA for a minimum of six months, shall be required to repay to VIHA the Top-Up Allowance received during the Leave. An employee may elect, prior to commencement of the leave, to waive the right to Top-Up Allowance. Parental Leave Taken by the Birth Mother If parental leave is to be taken by the birth mother who has claimed maternity leave, the thirty-five (35) weeks of parental leave normally begins immediately following the maternity leave unless agreed to by the employer for reasons such as pre-mature birth or a hospitalized infant. There is no requirement to serve a second two-week EI waiting period. For the birth mother who is not claiming maternity leave, parental leave may be taken for a period of up to thirty-seven (37) weeks within fifty-two (52) weeks of the birth of the child. There will be a requirement to serve a two-week EI waiting period. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 14 of 26
  • 15. Parental Leave Taken by the Other Parent If parental leave is to be taken by an employee who is the other parent, up to thirty- seven (37) weeks can be taken within fifty-two (52) weeks of the birth. There is no requirement to serve a two-week EI waiting period, provided that the mother has already served a waiting period. Parental Leave Shared by the Birth Mother and the Other Parent In the event that parents choose to share the parental leave, the parent filing the second claim would not be required to serve a two-week waiting period. Benefit Coverage For the period of parental leave VIHA will continue to pay, for eligible employees, the premiums for health and insurance benefits (Medical Services Plan, Extended Health, Dental, Life Insurance, Long Term Disability and Accidental Death & Dismemberment). An employee who received employer paid benefits and who fails to return to a regular position within VIHA for a minimum of six months, shall be required to repay VIHA for any benefit coverage enjoyed during the Leave. An employee may elect, prior to the commencement of the leave, to waive the right to benefit coverage during the leave period. Pension Plan (B.C. Pension Corporation) Pension plan contributions by the employee and VIHA will continue during the period of parental leave, but only on VIHA top-up earnings for eligible employees. Therefore, pensionable service will not accrue for the full period of parental leave. The employee will however, be eligible to purchase the service upon return to work. Accruals While on parental leave, vacation will accrue at the level to which the employee would have been entitled had the employee been actively at work. Sick and statutory holiday credits will not accrue. Returning To Work Employees are requested to provide their Manager with as much notice as possible of their intended return to work date (at least 30 days prior to the end of the leave) 11.3 Adoption Adoption (parental) leave will be granted for a period of up to thirty-seven (37) weeks without pay. A maximum of thirty-five (35) weeks of adoption (parental) benefits are payable through EI. Adoption (Parental) Leave Top-up Allowance Eligible employees will be entitled to receive a top up to the EI benefit from VIHA equal to 75% of normal weekly earnings for a maximum of 10 weeks, prorated for eligible part- time employees. An employee who received adoption (parental) Leave Top-Up Allowance and who fails to return to a regular position within VIHA for a minimum of six months shall be required VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 15 of 26
  • 16. to repay to VIHA the Top-Up Allowance received during the Leave. An employee may elect, prior to commencement of the leave, to waive the right to Top-Up Allowance. Benefit Coverage For the period of adoption (parental), leave VIHA will continue to pay, for eligible employees, the premiums for health and insurance benefits (Medical Services Plan, Extended Health, Dental, Life Insurance, Long Term Disability and Accidental Death & Dismemberment). An employee who received employer paid benefits and who fails to return to a regular position within VIHA for a minimum of six-months, shall be required to repay VIHA for any benefit coverage enjoyed during the Leave. An employee may elect, prior to the commencement of the leave, to waive the right to benefit coverage during the leave period. Pension Plan (B.C. Pension Corporation) Pension Plan contributions by the employee and VIHA will continue during the period of adoption (parental) leave, but only on VIHA top-up earnings for eligible employees. Therefore, pensionable service will not accrue for the full period of adoption (parental) leave. The employee will, however, be eligible to purchase the service upon return to work. Accruals While on adoptions (parental) leave, vacation will accrue at the level to which the employee would have been entitled had the employee been actively at work. Sick and statutory holiday credits will not accrue. Returning To Work Employees are requested to provide their Manager with as much notice as possible of their intended return to work date (at least 30 days prior to the end of the leave). 11.4 Bereavement Bereavement leave with pay shall be granted to regular employees for three (3) working days with consideration of up to two (2) additional days for travel to attend to matters surrounding the death of a member of an employee’s immediate family. Normally, this will mean the employee’s spouse (including common law and same gender relationships maintained for a period of at least one year), children, mother, father, brother, sister, stepchild, stepmother, stepfather, mother-in-law, father-in-law, brother-in-law, sister-in- law, grandchild or grandparent. Additional leave may be granted under exceptional circumstances. These circumstances will be judged on their merits. Bereavement leave is to compensate for loss of income. It does not apply to employees on unpaid leaves of absence, but may be granted to employees who may be on other paid leaves at the time of death or notification of death. Bereavement leave is prorated for part-time employees. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 16 of 26
  • 17. 11.5 Court Appearance Upon application, court appearance leave may be paid to regular employees to serve as a juror or when subpoenaed as a witness in court when not a party to the proceedings. Fees paid by the court will be reimbursed to VIHA, except for travel and meal allowances. 11.6 Personal Generally, paid personal leave is not offered to employees, but a Manager may make allowances where appropriate. Personal leave may include, but is not limited to, personal emergencies, family illness, and marriage. 11.7 Short Term Sick Sick Leave is designed to protect employees from the impact of unavoidable illnesses and accidents that necessitate short-term absences from work. Sick Leave credits with pay shall be accumulated on the basis of one and one-half (1½) workdays per month, cumulative up to one hundred fifty-six (156) workdays. Sick Leave pay shall be computed on the basis of normally scheduled workdays and all claims shall be paid on this basis. Sick Leave deductions shall be according to actual time off. In the event of staff reduction, or lay-off, employees who had a disability or sickness claim that commenced prior to lay-off notice will continue to receive Sick Leave benefits until those benefits expire. Employee Responsibility An employee who is unable to report for work due to sickness shall make every effort to notify their Manager at the earliest opportunity. Employees who are incapable of providing regular and consistent attendance may fail to meet the requirements for continued employment. Attendance is considered a criterion of performance and is measured when assessing overall employee performance at work. Employees on staff as at December 31, 2002 may be paid in cash or through transfer to an RRSP an amount equivalent to forty percent (40%) of their unused sick leave credits as of that date less sick leave credits utilized up to the date of payout. For employees who transferred to Non-Contract status from bargaining unit positions after December 31, 2002, sick leave credits available for payout will be those accumulated to the date of the transfer, less sick leave credits utilized up to the date of payout. In order to qualify for the sick leave payout, the employee must have reached the age and service combination of sixty-five (65) and who: ■ Voluntarily leaves VIHA’s workforce, or ■ dies in service, or ■ regardless of length of service, is required to retire because of a permanent disability. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 17 of 26
  • 18. Effective January 1, 2003, sick leave credits can only be used for sick leave purposes. The payout, if eligible, shall be calculated using the employee’s rate of pay at the date of termination. 11.8 Compassionate Care Pursuant to Employment Insurance (EI), an employee may be granted unpaid compassionate care leave for up to eight (8) weeks to provide care and support to an immediate family member who is gravely ill with a significant risk of death within twenty- six (26) weeks. Immediate family member is defined as a spouse, child, parent, guardian, sibling, grandchild or grandparent of the employee and any person who lives with an employee as a member of the employee’s family. A request for leave must be in writing and be accompanied by a medical practitioner’s certificate stating that the immediate family member has a serious medical condition with a risk of death within 26 weeks. 12.0 ON – CALL Employees who are required to assume 24 hour on-call responsibilities on a regular basis and for a minimum of seven (7) days, shall be entitled to an additional day off with pay for each seven (7) days of on-call to a maximum of five (5) days per annum. Time off is to be managed at the department level subject to operational requirements. On-call time shall not be carried over from fiscal year to fiscal year nor will it be paid out. Exception: Employees of Information Management / Information Technology (IM/IT) required to be on-call shall be paid an on-call differential of two dollars ($2.00) per hour, or portion thereof. The minimum on-call requirement shall be four (4) consecutive hours. 13.0 OVERTIME 13.1 Non-Management Employees Eligible administrative and support employees are entitled to pay for overtime hours worked, when prior authorization has been given by their Manager. Overtime for eligible employees is paid at 1.5 times after eight (8) hours in a day or forty (40) hours in a week. Hours worked in excess of eleven (11) hours in a day or beyond forty-eight (48) hours in a week will be paid at 2.0 times. Eligible administrative and support employees are those employees not defined as a Manager, pursuant to the Employment Standards Act. With the approval of the Manager, the employee may request to bank approved overtime hours to be taken as time off at a later date, provided the time off is scheduled within six (6) months of the accrual. Overtime banks will be paid-out every six (6) months at the employee’s current rate of pay. Time accrued for the purposes of banking will be calculated at the appropriate rate (1.0, 1.5 or 2.0 times). Overtime payment is non- pensionable. 13.2 Management Employees In consideration of additional hours worked and not otherwise compensated, up to five (5) days per annum of compensating time off (CTO) may be granted to Management employees, as defined by the Employment Standard Act, at the discretion of their VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 18 of 26
  • 19. Manager. Compensating time off must be taken as time away; it cannot be banked from calendar year to calendar year, nor can it be paid out. 14.0 PART-TIME EMPLOYEES A part-time employee is a regular employee who is employed on an ongoing basis to work part- time hours of fifteen (15) hours per week or more. Part-time employees accrue and receive entitlements on a prorated basis. More specifically, entitlements on a prorated basis include vacation, sick leave, statutory holidays, compensating time off (CTO), retirement allowance and severance. 15.0 PENSION PLAN All regular full-time employees are required to participate in the Municipal Pension Plan after three (3) months of employment. Regular part-time employees have the option of enrolling in the Plan. If they elect not to enrol, they must sign a waiver to that effect. Failure to sign such a waiver or make an election to enrol will result in automatic enrolment in accordance with pension plan rules. Casual employees have access to the Plan after completing two years of continuous employment and in each of the two consecutive calendar years earn at least 35% of the Year’s Maximum Pensionable Earnings (YMPE) upon which Canada Pension Plan contributions are made. Once eligible the employee must elect to enrol or waive enrolment. Failure to sign a waiver or make an election to enrol will result in automatic enrolment in accordance with pension plan rules. Once enrolled in the pension plan, contributions will continue while employed with VIHA. 16.0 PORTABILITY Employees hired by VIHA, within ninety (90) days of being employed by another employer who is a member of HEABC, the Ministry of Health of British Columbia, or another British Columbia health care employer, will be granted portability of sick leave credits together with portability of service that is used for the purposes of vacation entitlement and calculation of the retirement allowance and severance. 17.0 PROBATIONARY AND QUALIFYING PERIODS 17.1 Probationary Periods New employees are subject to a six (6) month probationary period. If an employee is not proving satisfactory in his/her job, then he/she will normally be released during the probationary period, as documented through completion of a Probationary Review Form. In exceptional circumstances, the Manager may extend the probationary period by a maximum of three months. An example of such a circumstance is where the employee has been ill, and therefore, was absent from work for a portion of the probationary period. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 19 of 26
  • 20. An employee who is deemed unsuitable and subsequently terminated during the probationary period is not entitled to notice or pay in lieu of notice. 17.2 Qualifying Periods Where an existing employee is appointed to a different position than that currently held, that employee will serve a qualifying period of six (6) months during which time suitability for the different position will be assessed, as documented through completion of a Qualifying Review Form. For employees moving from a bargaining unit position, suitability will be assessed and documented twice during the period, prior to the completion of the three (3) and 6-month periods. 18.0 RETIREMENT ALLOWANCE A Retirement Allowance shall be paid to an employee who has reached the age and service combination of sixty-five (65) and who: Voluntarily leaves the workforce; or is required to retire from the workforce because of a permanent medical disability; or dies in service. The Retirement Allowance entitlement is one (1) weeks pay for every two (2) years of service to a maximum of twenty (20) weeks pay. Proportionate payments shall be paid for service less than two (2) years and for regular part time service. An employee is not entitled to a retirement allowance if he/she receives a notice period or severance, or is terminated for cause. 19.0 STATUTORY HOLIDAYS VIHA recognizes the following statutory holidays. Statutory holidays that fall within scheduled vacation periods shall be re-scheduled as an additional paid vacation day. ■ New Year's Day ■ Good Friday ■ Easter Monday ■ Victoria Day ■ Canada Day ■ British Columbia Day ■ Labour Day ■ Thanksgiving Day ■ Remembrance Day ■ Christmas Day ■ Boxing Day Statutory Holidays - Overtime An employee eligible for overtime will be paid time-and-a-half for the first eleven (11) hours of work on a statutory holiday and double-time for working more than eleven (11) hours. In addition to the overtime pay, a regular full time employee will also receive an additional paid day off. In lieu of paid statutory holidays, part-time and casual staff are paid 4.2% in each pay period. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 20 of 26
  • 21. 20.0 TERMINATION OF EMPLOYMENT – VOLUNTARY Employees will inform their Manager of their desire to resign their employment as far in advance as possible. A minimum of one month's notice in writing is required for all non-management employees. Management employees, as defined by the Employment Standards Act, will provide two months written notice. Upon termination of employment, any vacation entitlement remaining in the employees’ banks will be paid out. 21.0 TERMINATION OF EMPLOYMENT – INVOLUNTARY 21.1 With Cause Where an employee gives cause for termination, VIHA may terminate the employee in its absolute discretion, without notice of termination or retirement allowance or pay in lieu of notice of termination. Just cause for dismissal includes any act by an employee of VIHA that could seriously affect the operation, reputation or management of VIHA. Any vacation entitlement still standing to the credit of the employee on termination of employment will be paid out. 21.2 Without Cause VIHA may terminate an employee’s employment at any time, without cause, by providing the employee with working notice (the Notice Period). The Notice Period is the length of time from the date on which notice of termination is given to an employee until the date on which employment will terminate. The Notice Period shall be subject to any and all applicable statutory and regulatory requirements including those requirements specifically set out in the Employment Termination Standards of British Columbia Regulations (379/97) and the Public Sector Employers Amendment Act, 2002 (Bill 66). Reasonable common law standards shall apply where statute or regulation does not provide otherwise. Working notice is the portion of the severance period in which the employee continues working. Any vacation entitlement still standing to the credit of the employee on termination of employment will be paid out. 21.3 Fixed Term Employment Relationships For employees with term definite or fixed term employment relationships, VIHA may terminate the employment relationship at any time, without cause, by providing to the employee working notice (the Notice Period) equal to the lesser of: The remaining term of the contract, or an amount provided under common law calculated as though the employment relationship was of an indefinite term with no provision regarding severance. The Notice Period for fixed term employment relationships will not exceed eighteen (18) months in length. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 21 of 26
  • 22. Any vacation entitlement still standing to the credit of the employee on termination of employment will be paid out. 21.4 Indefinite Term Employment Relationships For employees with indefinite term employment relationships VIHA may terminate the employment relationship at any time, without cause, by providing to the employee working notice (the Notice Period) consistent with statutory and common law standards. The Notice Period for indefinite term employment relationships will not exceed eighteen (18) months in length. During the Notice Period, VIHA may in its sole discretion: Require the employee to continue with his/her duties, assignments, tasks or projects, Assign the employee to other duties, assignments, tasks or projects with the same or a successor Employer, notwithstanding that the assignment may amount to a constructive dismissal, if: the assignment is reasonably consistent with the employee’s ability and responsibility at the time of the assignment; and, the employee is not required to relocate unreasonably, Assign the employee to a non-successor Employer, with the agreement of the non-contract employee, or Excuse the employee from performing all or part of their duties. Refusal to perform duties assigned by VIHA, in accordance with this section, shall be deemed to be a voluntary resignation of employment. In the event of a deemed resignation, the employee is not entitled to continuation of the notice period or to any payment in lieu of notice. Any vacation entitlement still standing to the credit of the employee on termination of employment will be paid out. 21.5 No Compensation Required With Working Notice No compensation is required if VIHA has given an employee advanced working notice of termination equal to the number of weeks' pay for which the employee is eligible. VIHA may also give an employee a combination of notice and compensation equal to the number of weeks' pay for which the employee is eligible. VIHA is not required to give notice of termination or pay compensation on termination if: ■ The employee has not completed three (3) months of consecutive employment; ■ the employee quit or retired; ■ the employee was dismissed for just cause; ■ the employee worked on an on-call basis doing temporary assignments which he/she could accept or reject; ■ the employee was employed for a definite term; ■ the employee was hired for specific work to be completed in twelve (12) months or less; VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 22 of 26
  • 23. ■ it was impossible to perform the work because of some unforeseeable event or circumstance or, the employee refused reasonable alternative employment. Any vacation entitlement still standing to the credit of the employee on termination of employment will be paid out. 21.6 Severance Payments VIHA has, in its sole discretion, the additional option of terminating the employee’s employment immediately and, unless the parties otherwise agree, paying the employee an amount equivalent to the amount of salary and benefits that the employee would have earned during the Notice Period (the Severance Payment). Severance Payments will be in the form of periodic payments unless VIHA, in its sole discretion, considers a lump sum payment to be more appropriate. Severance payments in excess of six (6) months will normally be in the form of salary continuance. The employee will not be given a Notice Period or Severance Payment in the case of a voluntary resignation or retirement. Further, an employee dismissed for cause, given a Notice Period or in receipt of a Severance Payment is not entitled to a Retirement Allowance. 21.7 Duty To Mitigate In the event VIHA terminates an employee, the employee has a duty to actively seek and obtain employment. Employment includes entering into a contract for services either individually or through a sole proprietorship, partnership or corporation. If an employee obtains employment during the Notice Period, the employee must immediately advise VIHA in writing of the details of the new employment and comply with the following: If an employee commences employment with a public sector employer during the Notice Period or period of notice in lieu of which severance is provided: − no severance covering this period of re-employment is payable; and − the employee must pay VIHA any amount that is attributable to the period during which the employee is re-employed. If an employee is re-employed at a lower level of compensation VIHA will provide to the employee an amount equivalent to the difference between the employee’s former compensation level and the employee’s compensation level upon re- employment for the remainder of the Notice Period. If an employee accepts similar employment with an employer not in the public sector, then all salary continuance and benefit coverage will cease immediately on the date that the employee accepts the new employment and the employee will receive a lump sum payment equal to fifty (50) percent of the salary the employee would have received during the remainder of the Notice Period. If the employee is receiving long term disability benefits at the time of the termination of employment, the employee will be entitled to the continued disability benefits as provided for in the employer’s benefit plan, or to receive salary in lieu of working notice; but the employee will not receive both. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 23 of 26
  • 24. 21.8 Outplacement Services An employee whose employment is terminated on an involuntary basis will be offered outplacement services to assist them with career transitioning. 22.0 VACATION Vacation entitlement accrues between July 1 and June 30 of the following year (i.e., July 1, 2009 - June 30, 2010). Vacation accrued within this period must be used in the calendar year (i.e. 2010) where credits are accrued. Regular, Temporary and Term Specific employees are eligible for annual vacation entitlements as follows: Employees are eligible for annual vacation entitlements as follows: one to four years’ continuous service — 20 work days’ vacation five years’ continuous service — 21 work days’ vacation six years’ continuous service — 22 work days’ vacation seven years’ continuous service — 23 work days’ vacation eight years’ continuous service — 24 work days’ vacation nine years’ continuous service — 25 work days’ vacation ten years’ continuous service — 26 work days’ vacation eleven years’ continuous service — 27 work days’ vacation twelve years’ continuous service — 28 work days’ vacation thirteen years’ continuous service — 29 work days’ vacation fourteen years’ continuous service — 30 work days’ vacation fifteen years’ continuous service — 31 work days’ vacation sixteen years’ continuous service — 32 work days’ vacation seventeen years’ continuous service — 33 work days’ vacation eighteen years’ continuous service — 34 work days’ vacation nineteen years’ continuous service — 35 work days’ vacation Part-time employees receive vacation entitlement on a pro-rated basis, proportionate to the number of hours worked. Employees are expected to utilize their full vacation entitlement annually and must take a minimum of three (3) weeks. Employees may carry forward a maximum of ten (10) days of unused vacation into the following year. Any carried forward vacation must be used before March 31st. Outstanding carried forward vacation will be lost as at March 31st. In exceptional circumstances, special requests to carry forward vacation in excess of ten (10) days or beyond March 31st may be made in writing to a member of the Executive Management Committee. If approved those vacation credits must be fully utilized in the carry forward year or they will be lost as at December 31st. In exceptional circumstances the President and CEO may approve the payout of unused vacation at calendar year-end. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 24 of 26
  • 25. 23.0 WORKERS’ COMPENSATION LEAVE Employees are covered by the Workers’ Compensation Act and shall be granted leave with net pay in the event of an injury at work that WorkSafe BC accepts as a claim. Benefits will continue during this leave period. 24.0 LONG TERM DISABILITY Under the Long Term Disability (LTD) plan rules, regular status non-contract employees may be entitled to a benefit from the LTD plan if unable to work for a period greater than 4 months due to illness or injury. If the employee fully recovers during the first 24 months of being on the plan, they will return to their own or a similar occupation. If the return is more than 28 months from the date of disability, the employees will no longer be able to return to their previous position. Instead, provided the employee requests a medical Duty to Accommodate, VIHA will work with the employee to find suitable employment, up to the point of undue hardship on the Employer. Benefit Coverage Employees who qualify for LTD plan benefits shall be eligible to receive MSP, Extended Health and Dental Coverage through VIHA at 50% of the full cost. Employees may elect to waive this coverage but will not be allowed to enroll again until they return to work. Group Life, Accidental Death & Dismemberment and LTD coverage will continue at no cost to the employee. VIHA Terms & Conditions of Employment – Non-Contract Employees September 30, 2009 Page 25 of 26
  • 26. APPENDIX A Effective January 8, 2010 COMPENSATION STRATEGY Developmental Portion Competitive Market Portion Reserved Minimum Step Maximum 1 2 3 4 5 6 7 8 9 10 11 12 80.0% 82.5% 85.0% 87.5% 90.0% 92.5% 95.0% 97.5% 100.0% 102.5% 105.0% 107.5% 115.0% Description Description Description Compensation Strategy for Non Contract Employees Salaries established in the Developmental portion are Salaries established in the Competitive Market portion are reserved for individuals who display full Salaries in the Reserved portion are available to address generally reserved for individuals who are on a steep competence in their role. emergent circumstances or to address unique operational learning curve toward mastering the responsibilities requirements. Proposed salaries in the reserved portion of and accountabilities associated with their roles. Guidelines for Range Progression the range are referred to the Non-Contract Advisory Progression through the Competitive Market portion is based on the results of the Performance Recognition Committee for review and recommendation. Guidelines for Range Progression and Development Program (PRDP) for Executive and Non Contract Staff. Step 12 is normally the The Developmental portion is viewed as a temporary maximum base salary that can be attained. Progress through the range is based on the performance Guidelines for Range Progression compensation arrangement. The goal is to move the levels that follow: Progression through the reserved portion is generally employee into the Competitive Market portion as reserved for application of a re-earnable merit quickly as possible based on a robust personal Not Achieved no increase compensation program. Annual compensation developmental plan. Partially Achieved discrectionary "lift" increase adjustments established in the reserved portion are based Fully Achieved "lift" increase + step increase on the results of the PRDP. In order to be eligible, a rating Exceeded "lift" increase + discretionary multi-step increase of “exceeded” must be achieved and is subject to the review and recommendations of the Non-Contract Advisory Committee. Definitions: "lift" increase refers to the provincial range adjustments from HEABC