ONEIDA PERSONNEL POLICY - Oneida Nation Of The Thames
ONEIDA PERSONNEL POLICY Council Approved: February 7, 2012
Table of Contents Oneida Nation of the Thames Personnel Policy Section 1 – Guiding Principles Guiding Principles . 4 Section 2 – Policy Manual Administration Policy Manual Administration . 5 Definitions . 6 Section 3 – Employment Aboriginal Employment Policies . 8 References . 9 Criminal Reference Check . 10 Internal Employee Training and Development . 11 Training and Professional Development . 12 Resignation . 14 Section 4 – Terms and Conditions of Employment Work Hours . 15 Probation . 16 Confidentiality . 17 Code of Ethics . 18 Dress Code . 19 Job Descriptions and Qualifications . 20 Attendance and Absenteeism . 21 Absenteeism. 23 Lateness . 30 Reporting Absence/Return to Work . 34 Attendance Management Program . 40 Office Closure. 45 1
Security of Property . 46 Email/Computer. 47 Intellectual Property . 48 Telephone Use . 49 Health and Safety . 50 Attendance at Council Meetings or Committee Meetings . 51 Attendance at Conferences . 52 Privacy . 53 Media Inquiries . 54 Whistleblowers . 55 Section 5 – Pay and Performance Policies Salary Grids . 56 Overtime . 57 Garnishment . 59 Payroll . 60 Personnel Files. 61 Performance Appraisals . 62 Section 6 – Benefits Benefits Principles . 63 Group Benefits Health Insurance . 66 Employee Assistance Program . 69 Annual Vacation Leave - Full-time and Part-time Employees . 72 Annual Vacation Leave - Short-term and Casual Employees . 77 General Holiday Time - Full-time and Part-time Employees . 79 General Holiday Time – Short-term and Casual Employees . 85 Maternity Leave . 90 Parental/Adoption Leave . 96 Compassionate Care Leave. 102 Bereavement Leave . 108 Inventory/Personal Leave of Absence - Paid . 112 Personal Leave of Absence – Without Pay . 115 Political Office Leave . 119 Civic/Jury Duty . 121 2
Military Leave . 123 Time Off to Vote – Paid Absence . 126 Sick Leave – Paid/Unpaid . 129 Work Related Illness and Injury Leave . 134 Six (6) Week Treatment Centre and Follow-Up Leave . 137 Extended Sick Leave . 139 Trauma Leave . 142 Council Designated Holidays . 144 Aboriginal Solidarity Day . 146 Office Closure Leave . 148 Educational Leave . 151 Tuition and Refund Program . 155 Development Courses Taken Outside of Working Hours . 159 Organizational Vehicles . 162 Personal Vehicle Usage . 165 Uniforms . 167 Travel Expense Advance . 169 Professional Association Membership . 173 Section 7 – Employee Relations Complaints . 175 Dispute Resolution . 176 Section 8 – Human Rights Non-Discrimination Principles . 181 Harassment . 182 Sexual Harassment . 183 Section 9 – Termination Progressive Discipline . 184 Progressive Discipline Procedures . 185 Severance Pay . 186 3
STATEMENT of POLICY and PROCEDURE Chapter: Human Resources SPP No. Section: 1 Guiding Principles Issued: Subject: GUIDING PRINCIPLES Issue to: All Manual Holders Effective: Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: HR.1.0 Feb. 7, 2012 1 of 1 March 30, 2004 Policy 1.0 GUIDING PRINCIPLES 1.1 Oneida Nation of the Thames administers quality service to our community with the following service delivery goals: quality, professional, dedicated, honest, accountable, respectful, fair, equal, with dignity, integrity and honour and to use our language and cultural practices. Sk n :Teyukwalihwayenawakhuti: “We will work together in peace” 1.2 The duly elected Council of Oneida Nation of the Thames is the community government responsible for the delivery of programs and services to the community. The Oneida Council is responsible for the approval of all policies. The division between policies and the day-to-day administration is acknowledged. The Oneida Council is committed to an alcohol and drug free work environment. For the purpose of this manual the pronoun “he/she” will be used interchangeably. The Oneida Council Offices are Smoke Free. 1.3 To create a work environment that is mutually acceptable to the Employer and its employees. 1.4 To delegate authority to the Director of Operations and Administrators for the implementation of this policy. 1.5 To hold the Director of Operations accountable to the Oneida Council for the implementation of this policy. 1.6 To provide a clear understanding of the rights and obligations of the Oneida Council and its employees. 1.7 To welcome new Oneida employees and to create an understanding of the workplace by providing a policy document when combined with an orientation that will assist the new employee in understanding organization expectation and employee value to the organization. 4
STATEMENT of POLICY and PROCEDURE Chapter: Section: 2 Human Resources Policy Manual Administration Subject: POLICY MANUAL ADMINISTRATION Issue to: All Manual Holders SPP No. HR.2.0 Issued: Effective: Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: Feb. 7, 2012 1 of 1 March 30, 2004 Policy 2.0 POLICY MANUAL ADMINISTRATION 2.1 Unless otherwise specifically provided for in this Policy, employee benefits and entitlements are limited to those provided for in the Canada Labour Code. 2.2 This policy is to be read in conjunction with all other employment related policies, including but not limited to the Computer Use Policy, Health and Safety Policy, Finance Policy and all other relevant policies. In the event of a conflict, the more specific provision shall apply. 2.3 This policy does not apply to employees of the Oneida Long Term Care Facility, Emergency Medical Services (EMS), Standing Stone School, summer students or the Director of Operations. The Director of Operations shall be bound by the terms and conditions of his/her contract of employment. 2.4 Policies and procedures are subject to change and development. Any areas not covered by policies will be handled in a fair and equitable manner until such time as the Oneida Council can discuss and ratify. 2.5 Administrators and supervisors are responsible for ensuring that policies are applied in consistent, fair and honest manner. 2.6 This policy is to be reviewed every 5 years. Any revisions must be noted on appropriate pages with the Council approval date. 2.7 All employees are to indicate by signature that they have read and understood this document. 5
STATEMENT of POLICY and PROCEDURE Chapter: Section: 2 Human Resources Policy Manual Administration Subject: DEFINITIONS Issue to: All Manual Holders SPP No. HR.2.8 Issued: Effective: Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: Feb. 7, 2012 1 of 2 March 30, 2004 Policy 2.8 Definitions 2.8.1 “Employer” means the elected Council of the Oneida Nation of the Thames. 2.8.2 “Employee” includes all employees, unless stated otherwise. 2.8.3 “Permanent Employee” means an employee who has passed his/her probationary period and works a minimum of 35 hours per week and whose position is subject to annualized funding. 2.8.4 “Permanent Part-Time Employee” means an employee who has passed his/her probationary period and works less than 35 hours per week and whose position is subject to annualized funding. 2.8.5 “Casual Employee” means an employee who is hired for less than 30 days to perform specific duties. 2.8.6 “Temporary Employee” means an employee who is hired for more than 30 days and less than 12 months to perform specific duties. 2.8.7 “Contractual Employee” means an employee hired for specialized services or professional expertise for a specific term. 2.8.8 “Continuous Operation” includes the Healing Lodge, Public Works, Roads, Maintenance and Water Treatment Plant due to the nature of the work which may require service beyond normal working hours without regard to Sundays, public holidays or Oneida Council designated holidays. Authorized work performed in a continuous operation on a general holiday will be governed by the Canada Labour Code. 2.8.9 “Oneida Council” means the duly elected Chief and Council of Oneida Nation of the Thames. 2.8.10 “Conflict of Interest” occurs when an employee has a personal or financial interest in an issue. When this occurs the employee must declare a conflict immediately and withdraw from any involvement in the issue. It is also a conflict of interest for an employee or a member of the employee’s immediate family to accept from any individual, patron or organizations doing business with the Oneida Nation of the Thames, any payment or compensation whatsoever, or 6
any gift, entertainment, hospitality, or other favour, that is more than token value, or which goes beyond that which is customary and accepted business practice, in the sole opinion of the employer. 2.8.11 “Standard Working Hours” normally means 8:30 a.m. to 4:30 p.m. Monday to Friday unless otherwise provided for in the employee’s contract of employment and in any event, shall not exceed eight hours in a day and forty hours in a week without prior written approval by the immediate supervisor. 2.8.12 “Immediate Family” means spouse (including common law and same sex partner), child, parent, grandparent, grandchild, (including in-law and step relationships), aunt, uncle, niece, nephew, first cousin, great grandparents, great grandchildren, 2.8.13 “Management functions” includes supervisory functions such as scheduling, approving employee leave, approving employee time sheets and general employee supervision functions. 7
STATEMENT of POLICY and PROCEDURE Chapter: Section: 3 Human Resources Employment SPP No. HR.3.1 Issued: Subject: ABORIGINAL EMPLOYMENT POLICIES Issue to: All Manual Holders Effective: Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: Feb. 7, 2012 1 of 1 3.1 Aboriginal Employment Policies 3.1.1 As permitted by the Canadian Human Rights Act the Oneida Council will give preferential treatment to Aboriginal persons in hiring, promotion or other aspects of employment; and, 3.1.2 Where a non-Aboriginal employee, hired subject to this policy, is displaced in preference to an Aboriginal candidate, the Oneida Council will treat the non-Aboriginal employee in a fair and reasonable manner, by ensuring that adequate notice of termination is given. 8
STATEMENT of POLICY and PROCEDURE Chapter: Section: 3 Human Resources Employment SPP No. HR.3.2 Issued: Subject: REFERENCES Issue to: All Manual Holders Effective: Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: Feb. 7, 2012 1 of 1 3.2 References 3.2.1 Employment references given on behalf of the Oneida Nation of the Thames, both verbal and/or written, must be given by the person’s immediate supervisor and approved by the Human Resources Administrator. In any case, the person giving the reference must have personal knowledge of the individual’s qualifications, training, experience and performance. 3.2.2 Any employee is entitled to provide a personal or character reference for someone. These references are not related to work and must not be on letterhead or given from an employee’s work e-mail address and must not indicate the position of the person giving the reference as an employee. 9
STATEMENT of POLICY and PROCEDURE Chapter: Human Resources Section: 3 Employment SPP No. HR.3.3 Issued: Subject: CRIMINAL REFERENCE CHECK Issue to: All Manual Holders Effective: Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: Feb. 7, 2012 1 of 1 3.3 Criminal Reference Check 3.3.1 Criminal reference checks will be required for new employees. 3.3.2 For positions involved with vulnerable clients, a criminal reference check with a vulnerable screening component is mandatory and includes but is not limited to the following positions: (a) all home support program employees (including personal support workers, respite care, home help, home maintenance, transportation, meals on wheels, home visiting, etc.); (b) employee’s working with children; and, (c) any position as determined by the Human Resources Administrator. 3.3.3 Where job demands change or a new program is introduced, it may be necessary for existing employees to go through a criminal reference check. 3.3.4 An employee who requires a Criminal reference check will be required to provide an updated criminal reference check every two (2) years on the employee’s hire date anniversary. 3.3.5 Whenever a criminal reference check is required, the cost shall be borne by the employee. 3.3.6 The Human Resource Administrator will determine whether or not the information contained in the CPIC eliminates the applicant from consideration for employment or affects the employees continued employment. 10
STATEMENT of POLICY and PROCEDURE Chapter: Section: 3 Human Resources Employment SPP No. HR.3.4 Issued: Subject: INTERNAL EMPLOYEE TRAINING AND DEVELOPMENT Issue to: All Manual Holders Effective: Feb. 7, 2012 Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: 1 of 1 March 30, 2004 Policy 3.4 Internal Employee Training and Development 3.4.1 The Oneida Council Policy is to hire the most competent employees possible. 3.4.2 If a permanent employee is placed in a temporary position within the organization, the employee’s original position will be held for the employee until the end of the temporary assignment. 3.4.3 All vacancies which are expected to last for more than 6 months will be posted. 3.4.4 Subject to the availability of funds, Oneida Council will host one annual day training day in the community for all employees. 3.4.5 When employee meetings or training sessions are held, the location of such meetings or sessions is restricted to the London area unless otherwise authorized by the Director of Operations. 11
STATEMENT of POLICY and PROCEDURE Chapter: Section: 3 Subject: Issue to: Human Resources Employment SPP No. HR.3.5 Issued: TRAINING AND PROFESSIONAL DEVELOPMENT All Manual Holders Effective: Feb. 7, 2012 Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: 1 of 2 March 30, 2004 Policy 3.5 Training and Professional Development 3.5.1 The Oneida Council recognizes the need for and encourages participation in training and development, both short and long term for all permanent employees. 3.5.2 Long Term Training includes accredited courses, where a certificate or diploma will be received upon successful completion. Short term training includes accredited courses where a credit is received towards certificate or diploma or a training workshop. 3.5.3 Criteria (a) A job requirement: In situations where training programs are specifically designed to meet the needs of Oneida Programs and may be a requirement of the position. Eg. Certification (b) Evaluation Recommendation: The need for training is identified through the annual/probationary evaluation process. (c) Staff member must agree in writing to continue service with Oneida Administration for a specific period of time, to be determined by the Administrator prior to approval. (d) Approval will be subject to the availability of funds in the employee s program budget. 3.5.4 Application Process (a) A request will be made in writing to the Director of Operations along with justification and recommendation of the applicant’s immediate supervisor. (b) A release of information form must be signed by the applicant in order that transcripts may be obtained from the training institute. (c) A waiver must be signed stating that the applicant has read and understood the Training and Development Policy of Council. 12
(d) Subject to the salary grid, the availability of dollars and the approval of the Director of Operations, a pay increase may be given upon completion of a diploma or certificate program provided that the applicant is performing at an acceptable level. (e) Travel cost at established rates will be paid upon approval pending availability of funds from within the program or from other sources. Travel will be paid one half (½) in advance and the balance upon successful completion of the training. (f) A staff member who wishes to take training in order to enhance their present skills must do this on their own personal time. (g) If tuition is not paid by another source, subject to the availability of funding within the employee s program budget the employer may pay or contribute to the tuition fee costs. (h) Public acknowledgment will be given to the successful staff member. All certificates, diplomas and degrees should be displayed prominently within the employee s office space. 13
STATEMENT of POLICY and PROCEDURE Chapter: Section: 3 Human Resources SPP No. Employment HR.3.6 Issued: Subject: RESIGNATION Issue to: All Manual Holders Effective: Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: 3.6 Resignation 3.6.1 All resignations require two weeks written notice except as follows: Feb. 7, 2012 1 of 1 March 30, 2004 Policy (a) One month for employees who perform management functions and administrators; or (b) As otherwise provided for in the employee’s employment contract. 3.6.2 In the event notice is not provided as outlined above, requests for a letter of reference may be denied. 3.6.3 A resignation accepted by the Director of Operations shall become effective upon the resignation date provided by the employee. 14
STATEMENT of POLICY and PROCEDURE Chapter: Section: 4 Human Resources Terms and Conditions of Employment Subject: WORK HOURS Issue to: All Manual Holders SPP No. HR.4.1 Issued: Effective: Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: Feb. 7, 2012 1 of 1 March 30, 2004 Policy 4.1 Work hours 4.1.1 Oneida Council Administration is open from 8:30 a.m. to 4:30 p.m. Monday to Friday; however, depending on the employees work location, an employee’s hours and/or days of work may vary. 4.1.2 Employees must take a one hour lunch period which is unpaid, normally from 12 noon until 1:00 p.m. However service to the public will not be interrupted and departmental staggered lunch hours will be the norm. 4.1.3 Two 15 minute coffee breaks will be given daily, once in the morning between 10:00 a.m. and 10:30 a.m. and once in the afternoon between 3:00 p.m. and 3:30 p.m. 4.1.4 The number of hours worked must be documented on the time sheets. 4.1.5 All employees are required to sign in when reporting for work and to sign out when departing from work. Employees are not permitted to start work or sign in before 8:30 a.m. or depart work or sign out later than 4:30 p.m. unless directed by the immediate supervisor. Employees must also sign out at lunch hour and sign in upon their return. 4.1.6 Lateness may be penalized by docking the employee’s pay for each minute they are late. Employees may not be permitted to make up the time missed. 4.1.7 Employees, save and except Administrators, supervisors and/or employees who perform management functions, cannot work in excess of 8 hours in a day and 40 hours in a week without prior approval. 15
STATEMENT of POLICY and PROCEDURE Chapter: Human Resources Section: Terms and Conditions of Employment Subject: 4 Issue to: PROBATION SPP No. Issued: Effective: All Manual Holders HR.4.2 Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: Feb. 7, 2012 1 of 1 March 30, 2004 Policy 4.2 Probation 4.2.1 All new employees must undergo a probation period. All employees will have a minimum three month probation period save and except Supervisors and Administrators who will have a minimum six month probation, unless otherwise stated in the letter of offer and/or employment contract. 4.2.2 At the end of the probationary period, a decision will be made to employ full-time, dismiss or extend the probationary period. The probationary period will be extended if the immediate supervisor feels that there has been insufficient time to observe and evaluate effectively, or for other reasons. 4.2.3 It is the responsibility of the immediate supervisor to notify the Director of Operations, Human Resources Administrator and Finance Administrator and keep them informed about the employment status of employees under their supervision. 16
STATEMENT of POLICY and PROCEDURE Chapter: Section: 4 Human Resources Terms and Conditions of Employment Subject: CONFIDENTIALITY Issue to: All Manual Holders SPP No. HR.4.3 Issued: Effective: Page: Approved by: Chief and Council Replaces: Approval date: February 7, 2012 Dated: Feb. 7, 2012 1 of 1 4.3 Confidentiality 4.3.1 In the course of carrying out their duties, employees may acquire information relating to the business affairs of Oneida Council, which is confidential in nature. All employees will not disclose such information to any pers
working hours without regard to Sundays, public holidays or Oneida Council designated holidays. Authorized work performed in a continuous operation on a general holiday will be governed by the Canada Labour Code. 2.8.9 "Oneida Council" means the duly elected Chief and Council of Oneida Nation of the Thames.
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