Human Resources Policies for Permanent Staff of S.L. Hunter,
Speech-Language Pathology Professional Corporation


INDEX-     Attendance/Sick pay | Bereavement Leave | Emergency Leave | Public Holidays | Overtime | Vacation

                      Flex Time Tracking | Resignation | Dress Code | Maternity Leave

1. Attendance Management Program

Paid Sick Days for Permanent Salaried Staff

We understand that unfortunately everyone gets sick at times, however, regular attendance is expected. As a guideline, the company considers up to eight sick days per calendar year to be an acceptable level of absenteeism. These are used for legitimate illness and cannot be accrued, carried over or cashed out. Part-time salaried staff are eligible for the same amount, but on a pro-rated basis, calculated by the number of hours worked.

If an employee's absence is consistently in excess of that, all circumstances will be considered and addressed by the Director on an individual basis; a medical note may be requested. Whenever possible, please schedule medical appointments outside of core business hours.

Paid Sick Days for Part-Time Hourly Staff (New! As of February, 2010)

Part-time hourly staff that work at least 24 hours per week qualify for paid sick days. 

Note: As full-time salaried staff are eligible for eight sick days per calendar year, the number of eligible sick days for part-time hourly staff will be prorated to the percentage of time worked. For example, if you normally work 24 hours per week, you are eligible for 4.8 days per year (60% of 8 days), rounded to the nearest half day. In other words, if one qualifies for 4.8 days, it gets rounded up to 5 days; if one qualifies for 7.2 days, it gets rounded down to 7.

Sick days refer to a typical length work day for that individual. You are paid for the amount of hours you would have worked that day, up to a maximum of 8 hours. For example, if you normally work 9 hours on Tuesday, then you receive 8 hours of sick pay if you have to miss Tuesday. If you normally work 5 hours on Wednesday and you are sick, you receive 5 hours of sick pay.

It is important to note that if you need to make up the missed working hours later in the week, you will not receive sick pay and be paid for the made up hours. For example, you normally work Tuesdays/Wednesdays/Thursdays. You are sick on Tuesday and have to stay home. However you had work demands and a deadline that needs to be met that week so you come in Friday to meet the need. You will be paid for the hours worked on Friday only, not for the sick day in addition to it. If workload allows for missing Tuesday and you don’t have to put in hours to catch up, then you are just paid for the missed Tuesday. Please continue to record all time off and any make-up time on the Excel time sheet provided upon hire.

Paid Sick Days for Contract Status Staff (New! As of February, 2010)

Contract status is temporary employment for a specific time period as outlined in an employment letter or written agreement. A common example is a maternity leave replacement. After three months of employment, full-time contract staff are entitled to four paid sick days per year, prorated based on start date in the first year of employment. Part-time contract staff are also eligible, but the days will be prorated to match the percentage of time worked.

As with all other employment categories, sick days are for legitimate illness only and cannot be accrued cashed out or carried over year to year. They are a benefit for staff, not an entitlement. 


Most employers have paid benefit plans for sickness, bereavement and other leaves of absence, however these plans aren't required by the ESA.

Progressive Discipline Guidelines

  1. A graduated program of responses is the most appropriate way of dealing with innocent absenteeism where there is a possibility that the employee may improve her attendance. The process will typically start with a meeting at which the employer's concerns about absenteeism are communicated and an effort is made to identify why this is happening. At this and each subsequent meeting, the employer should:
    1. Identify the attendance problem clearly and explain why it is a problem;
    2. Set out the objective standard that the employer has used to determine there is a problem; (e.g. the employee has exceeded the average);
    3. Identify the goals that the employer wishes the employee to attain;
    4. Identify the period over which the employer will be monitoring attendance;
    5. Clearly explain the consequences if the employee is unable to meet the expectations;
    6. Always allow for individual or exceptional circumstances;
    7. Offer assistance to the employee for any medical or other difficulties which may be the underlying problem;
    8. Ask the employee to provide any further information that she believes should be considered.
  2. If the employee continues to be absent, the employer will express its concern about her absenteeism more strongly. Draw the employee's attention to the employer's Employee Assistance Plan (EAP) if available, or other health and wellness programs, coupled with a suggestion that the employee take advantage of it.
  3. Further absences may result in a mandatory referral to an EAP or health and wellness program and a firm warning that a continuing failure by the employee to attend regularly or significantly improve attendance may result in dismissal. Such warnings should be in writing.
  4. If the employee's attendance continues to fail to significantly to improve, dismissal may be the last resort.

Requests for Medical Information

Generally, there is no right to compel disclosure of personal medical information from an employee or a medical professional or require an employee to submit to a medical exam without the employee's express consent. An employer may require medical information to: verify whether an absence is legitimate; verify a claim for sick pay or disability benefits; verify entitlement to workers' compensation benefits; verify fitness to return to work; ensure the safety of the employee, other employees, clients and the environment; determine what forms of accomodation might be necessary; and determine the anticipated duration of the accomodation.

What should a employer request and how? An employer should only request medical information about an employee where that information is required for the employer's legitimate interests and is necessary to assess how the employee can or cannot perform legitimate work-related functions. The request must be fair and reasonable in the circumstances. Medical information can be obtained directly from a healthcare professional if the employee signs a consent authorizing the release of the medical information to the employer. If the healthcare professional is unfamiliar with the job, the employer should provide as much information about the job as possible such as a job description, and if possible, a description of the accomodation options available.

Protect the employee's privacy by ensuring that the information is only disclosed to those who need to have it, and that the information is stored securely.

It may be unreasonable to require medical certificates for each and every absence of all employees but, applying a consistent policy, an employer may reasonably request a medical certificate to justify an absence. The medical certificate and the information contained on it must be reasonably necessary for the administration of sick leave or disability benefits.


2. Bereavement Leave

In the unfortunate event of the death of a loved one, the company provides the employee up to three days off with pay. If more time is necessary, time off without pay will be considered as per Director discretion.

This applies to the death of:

  • a spouse (includes common law and same-sex);
  • a parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse
  • the spouse of an employee's child
  • a brother-in-law, sister-in-law, brother or sister of the employee
  • a relative of the employee who is dependent on the employee for care or assistance

The ESA doesn't legislate that you have to provide any paid time off.

3. Emergency Leave

Personal emergency leave is unpaid, job-protected leave of up to five days each calendar year. These are taken for unforeseen circumstances that prevent you from work. We recommend that you use your vacation time, sick days, then unpaid emergency time in the case of personal illness, injury or medical emergency and the death, illness, injury, medical emergency of or urgent matters relating to certain family members and dependent relatives.

  • a spouse (includes common law and same-sex)
  • a parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse
  • the spouse of an employee's child
  • a brother or sister of the employee
  • a relative of the employee who is dependent on the employee for care or assistance.

According to the ESA, employees who work for employers that regularly employ at least 50 employees are entitled to 'personal emergency leave' of up to 10 days each year.

If an employee works for an employer that regularly employs fewer than 50 employees, the employee is not entitled to personal emergency leave under the ESA. Many employers choose to offer some days, so this benefit then prevails over the minimum requirements in the Act.

4. Public Holiday Entitlement

Qualified employees can be full-time, part-time, permanent or on a limited-term contract. They can also be students. It does not matter how recently they were hired, or how many days they worked before the public holiday.
Ontario has nine public holidays:

  • New Year's Day
  • Family Day  - occurs on the third Monday in February
  • Good Friday
  • Victoria Day
  • Canada Day
  • Labour Day
  • Thanksgiving Day
  • Christmas Day
  • Boxing Day

plus we offer

  • the first Monday in August (although this is not a mandatory statutory holiday)

When a public holiday falls on a day that isn't ordinarily a working day for an employee, or during the employee's vacation, the employee is entitled to either:

  • a substitute holiday off with regular public holiday pay (this must be scheduled for no more than three months after the public holiday)
    or
  • regular public holiday pay for the public holiday. In this case, the employee isn't given a substitute day off.

Some employers give their employees a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, however, these days are not public holidays under the ESA.Here's how to calculate the amount of public holiday pay a qualified employee is entitled to:

  • add all of the regular wages the employee earned and all of the vacation pay that was payable to the employee in the four work weeks ending just before the work week with the public holiday, and
  • divide this sum by 20.

5. Overtime Hours and Pay (modified February 2010)

Our full time work week is 40 hours. Due to client demand, training and staff scheduling, longer hours may be required from time to time. Any excessive overtime worked may be taken later in the form of paid time off within 3 months of the week in which the overtime was earned. The time off must be approved by the Director at least a couple of days in advance.

6. Paid Vacation Entitlement

Vacation is earned and taken in the same year. Employees in year 4 and year 9 earning another week of vacation during the calendar year will be advanced the additional week on January 1 of that same year.

  • Year 1 - 3 receives 3 weeks (1.25 days per month)
  • Year 4 - 8 receives 4 weeks (1.67 days per month)
  • Year 9+ receives 5 weeks (2.08 days per month)

New employees must complete three months of active full-time or approved part-time service before being able to take vacation.  Days will be rounded to the half day with .01 - .50 equaling a half-day, and .51 or greater equaling a full day.

Prorating in first year: An employee's month of hire is included in calculating this initial vacation amount, if (s)he was hired before the 15th of the month. Otherwise, the calculation will begin the following month.

Vacations must be used during the calendar year to which they apply. Any unused portion will be automatically forfeited unless prior approval in writing is obtained from the Director. (Note - exceptions are if a maternity leave or probation period prevent you from using vacation in the calendar year in which it is earned. In these situations, it may be carried over).

 

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7. Flex Time Tracking (Added May 2008)

The following is how sick and vacation time is tracked based on the “flex schedule” to ensure equity for all staff, and to minimize lost productivity to the clinic.

For salaried staff following a regular flex schedule (meaning every week), sick and vacation time will reflect the time missed. A typical work day is 8 hours, but the chart below includes other missed time scenarios as well.

Length of Scheduled Work Day Missed Amount of Sick or Vacation Time Used
12 hours 1.5 days
11 hours 1 day, but make up 3 hours
10 hours 1 day, but make up 2 hours
9 hours 1 day, but make up 1 hour
8 hours 1 day
7 hours 1 day, but take 1 hour within two weeks
6 hours 1/2 day, but make up 2 hours
5 hours 1/2 day, but make up 1 hour
4 hours 1/2 day

If you miss 1 - 3 hours of work, please make an effort to recover the time within the next two week block. This includes time away from work for medical or personal appointments, and other uncommon circumstances such as time taken to attend personal court proceedings, legal meetings, etc.

Please continue to record all time off and your make up time on Webtracker. Again, all recovery/make up time must follow in the next two week block.

The above method does not apply to a schedule that has minor shifts and adjustments each week – it relates only to a regular, consistent adjustment in scheduling.

8 . Resignation

In the interest of client transition, employees who voluntarily resign are expected to give at least four weeks notice. Full-time and part-time employees with at least 3 months continuous service who voluntarily resign will be paid for earned, but untaken vacation. On the other hand, any vacation taken, but not yet earned, will be deducted from the final pay.

At the discretion of the company, the employee may be released immediately upon submission of their resignation notice and paid up to two weeks pay-in-lieu of working during their notice period.

9. Dress Code

Professionalism is paramount when it comes to client contact. Attention to detail in your work, your documentation, your office and your dress are part of a total professional package. If you are unsure about an item, air on the side of conservative and refrain from wearing it until you can ask a colleague for an opinion. Ask yourself if you would wear it to a job interview.

The dress code is "business" or "conservative business casual". Business casual attire is clothing that falls between business attire and casual weekend clothes.

Appropriate

  • tailored, neatly pressed clothing
  • dress slacks, skirts, suits or dresses
  • shirts with collars for men
  • suits
  • blouse, neat cotton shirts

Never Appropriate

  • tank tops, spaghetti straps
  • halter tops
  • sweatshirts
  • pilled sweaters
  • casual t-shirts
  • crop tops or tops with midriff exposed
  • plunging necklines
  • sheer, see-through, strapless, backless shirts, blouses and dresses
  • denim (jean) skirts, pants, shirts or jackets of any colour
  • sweatpants, track pants, lounge wear, athletic clothing
  • leggings
  • casual capri pants
  • cargo pants
  • corduroy pants
  • shorts
  • overalls
  • miniskirts
  • sock feet or bare feet
  • beach sandals and flip flops
  • running shoes
  • visible body piercings or tattoos

We appreciate that when working predominantly with paediatric clients, there is a need for comfort and flexibility, but practical and professional can still be achieved.

10. Maternity Leave Information Frequently Asked Questions (updated Feb.2010)

What are maternity benefits?

Maternity benefits are employment insurance payments from the federal Employment Insurance program. Under this program, eligible workers can receive maternity benefit payments during their pregnancy leave. Vacation and service benefits continue to accrue while you are on leave.

For information about maternity benefits, call the nearest Human Resources and Social Development Canada. The telephone number is listed in the blue pages of your telephone book, under "Employment and Unemployment."

What is pregnancy leave?

Pregnancy leave is a right pregnant employees have to take up to 17 weeks of unpaid time off work. In some cases, the leave may be longer. Employers do not have to pay wages to someone who is on pregnancy leave.

What is parental leave?

Parental leave is a right that new parents have to take unpaid time off work when a baby or child is born or first comes into their care. Birth mothers who take pregnancy leave are also entitled to up to 35 weeks' parental leave. Birth mothers who don't take pregnancy leave and all other new parents are entitled to up to 37 weeks' parental leave.

If each parent of a newborn took the maximum leave allowed at separate times, the baby would have a parent at home for 89 consecutive weeks (17 weeks of pregnancy leave for the birth mother, plus 35 weeks of parental leave for the birth mother, plus 37 weeks of parental leave for the other parent).

Parents may also choose to go on leave at the same time: for example, a father could take parental leave at the same time a mother is on pregnancy or parental leave.

Who is eligible?

To be entitled to maternity, parental or sickness benefits you must show that:

  • your regular weekly earnings have been decreased by more than 40% and
  • you have accumulated 600 insured hours in the last 52 weeks or since your last claim. This period is called the "qualifying period".

How, where and when to apply:

To receive maternity, parental or sickness benefits you must submit an EI application on-line (servicecanada.gc.ca) or in person to your Service Canada Centre. You should apply as soon as you stop working, even if you receive or will receive money when you become unemployed.

You must request your Record of Employment (ROE) from your last employer. If you have your ROE from your last employer, apply immediately. If you did not receive your last ROE, submit your application along with proof of employment — for example, pay stubs. If one or more ROE covering periods prior to your last employment are missing, you must still submit your claim for benefits.

At the same time you are applying for maternity benefits, you and your partner can also apply for parental benefits.

When will you receive your first payment?

If they have all the required information and if you qualify for benefits, your payment will be issued usually within 28 days from the date of filing your claim. If you do not qualify, they will notify you of the decision made on your claim.

A 2-week waiting period to serve.

You must serve a 2-week unpaid waiting period before your EI benefits begin to be paid. Generally, this period is the first 2 weeks of your claim. This is like a deductible for any kind of insurance. On the other hand, if you reopen a claim for benefits in which you have already served a 2-week waiting period, you do not serve another 2-week waiting period.

Working while on maternity, parental and sickness benefits.

If you work while on maternity or sickness benefits, your earnings will be deducted dollar for dollar from your benefits.

On the other hand, if you work while on parental benefits you can earn $50 per week or 25% of your weekly benefits, whichever is higher. Any monies earned above that amount will be deducted dollar for dollar from your benefits.

You must, of course, report any earnings you make while collecting maternity, sickness or parental benefits. If you chose not to complete reports, you must declare your earnings by calling the telephone information service at 1 800 206-7218, from 8:30 am to 4:30 pm, and press "0" to speak to a representative. You can also write or go in person to your Service Canada Centre to report your earnings.

How much will you receive?

The basic benefit rate is 55% of your average insured earnings up to a yearly maximum insurable amount of $43,200. This means you can receive a maximum payment of $457.00 per week ($43,200 % 52 weeks x 55%). Your EI payment is a taxable income, meaning federal and provincial taxes will be deducted.

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Attendance/Sick pay | Bereavement Leave | Emergency Leave | Public Holidays | Overtime | Vacation

Flex Time Tracking | Resignation | Dress Code | Maternity Leave |
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