Labour Code for Employees 2020

SWAN LAKE FIRST NATION

Labour Code for Employees 2020

Effective on April 27, 2020

SWAN LAKE FIRST NATION

LABOUR CODE FOR EMPLOYEES

2020

INDEX

DEFINITIONS

I. PART 1 CONDITIONS OF EMPLOYMENT=-REMUNERATION (Pay) 4

1. MONETARY ADJUSTMENT (Salary Adjustment) 5

2. STANDARD HOURS OF WORK 5

3. OVERTIME GUIDELINES 5

4. YOUTH EMPLOYMENT – AGES 13 – 17 5

II. FEDERAL BENEFITS 6

1. CANADA PENSION PLAN 6

2. EMPLOYMENT INSURANCE 6

III. LEAVE 6

1. ANNUAL VACATION LEAVE 6

2. Holidays 7

3. MEDICAL LEAVE 8

4. BEREAVEMENT LEAVE 8

5. COMPASSIONATE CARE LEAVE 9

6. MATERNITY LEAVE 9

7. PARENTAL LEAVE 9

8. ADOPTION ADJUSTMENT LEAVE 10

9. SPIRITUAL/CULTURAL LEAVE 10

10. LEAVE-WITHOUT-PAY 10

11. JURY LEAVE 10

IV. ELECTIONS 10

1. RESERVE ELECTION 10

2. RIGHT TO VOTE 10

V. HIRING PRACTICES 10

VI. PERMANENT PART TIME, TERM, CONTRACT AND CASUAL EMPLOYEES 11

1. PERMANENT PART TIME EMPLOYEES 11

2. TERM EMPLOYEES 11

3. CONTRACT EMPLOYEES 11

4. CASUAL HELP 11

VII. DISCIPLINE 11

1. PROCEDURES 12

2. APPEALS 12

VIII. TERMINATION 12

1. TERMINATION BY EMPLOYEE (Leaving a Job) 12

2. TERMINATION BY EMPLOYER (Being let go) 12

3. SEVERANCE PAY 13

4. TERMINATION FOR JUST CAUSE 13

5. RETIREMENT 13

IX. SEXUAL HARASSMENT 14

Swan Lake Mission Statement:

As a Treaty One First Nation, all citizens will be treated fairly in a cultural and traditional way to become strong, healthy, thriving and independent.

SWAN LAKE FIRST NATION

LABOUR CODE FOR BAND EMPLOYEES

To repeal and replace Swan Lake First Nation Administrative Policy Manual enacted on the 28nd day of February, 2005, to repeal and replace Motion 060059-1 Motion to Amend Retirement Policy enacted on June 5, 2009 and to repeal and replace Motion 020110-4 enacted on February 4, 2010.

NOTE: This document contains the Swan Lake First Nation Labour Code for Band employees only. It is based on the Canadian Federal Labour Code but contains changes where Swan Lake First Nation policy goes above the minimum standards which the Canadian Federal Labour Codes sets. For details and updates on federal policy, please consult the Canadian Federal Labour Code.

DEFINITIONS

“ADMINISTRATION” means the Director of Operations, and the Director of Finance.

“BENEFITS” means the pension plan, health plan, and other such benefits referred to hereinafter.

“EMPLOYER” means the Chief and Council of Swan Lake First Nation.

“EMPLOYEES” mean the employees of the Swan Lake First Nation.

“PERMANENT EMPLOYEE” means an employee employed in a position and who has successfully completed their probationary period.

“PART-TIME EMPLOYEE” means a person employed in a position that requires less than full time normal daily or biweekly hours of work.

“CASUAL EMPLOYEE” means employees hired into positions with specific job requirements that may require them to work on temporary casual or seasonal work schedules or on an “on-call” basis. On-call employees may be placed on an on-call list and called to perform specific work assignments on a short-term basis or on a continuous basis, subject to work availability. Employment is not guaranteed but discussed at the beginning of each hire.

“ TERM EMPLOYEE” means an employee who is contracted for a specific period of time. This person receives benefits. An example of this employee is one who fills in during Maternity or Parental leave.

A “CONTRACT EMPLOYEE” is hired for a specific job at a specific rate of pay for a specific time period. A contract employee does not become a regular addition to the staff and is not considered a permanent employee, nor is the position considered to be an on-going position.

“FISCAL YEAR” means the period of twelve (12) months from April 1st – March 31st.

“IMMEDIATE FAMILY” means and includes, a spouse, a parent, father-in-law, mother-in-law, grandparent, grandchild or grandchildren, daughter, son, sister, brother, adopted children, foster children and any relative permanently residing in the employee’s household, or with whom the employee resides.

“MEDIATOR” means an objective person who has knowledge about the situation, a peacemaker or an advocate.

“PROGRAM Manager” means the person responsible for fiscal and deliverables of a specific program.

“PROPERTY” means whatever the Swan Lake First Nation owns and/or leases including land, buildings, money, stock, documents, objects, rights, and including moveable property such as furniture, furnishings, and equipment.

“SUPERVISOR” shall mean the person immediately above employees who supports, supervises staff and oversees the objectives of the program.

PART 1 CONDITIONS OF EMPLOYMENT=-REMUNERATION (Pay)

All monetary compensation shall be paid in accordance with the terms and conditions of employment.

Employees shall be paid bi-weekly, except casual employees, who shall be paid as determined on an individual basis.

Minimum wage will adhere to provincial standards, per federal standards.

MONETARY ADJUSTMENT (Salary Adjustment)

      1. Monetary adjustments shall be based on the performance of the employee and shall be at the discretion of the Chief and Council and/or Director of Operations to recommend a salary increase for an employee subject to availability to funds.

STANDARD HOURS OF WORK

      1. Standard hours of work will be 40 hours per week. Work beyond this will be considered overtime.

OVERTIME GUIDELINES

Overtime must be approved by his or her immediate supervisor or Director of Operations. To qualify for such overtime an employee must have worked longer than eight hours in one day or forty hours in a week.

When an employee is required or permitted to work in excess of the standard hours of work, the employee shall be paid for the overtime at a rate of one and one-half times the regular rate of wages.

Administration is not eligible for overtime, as they are members of management having various degrees of control over programs they may administer or over other employees; and the monetary compensation paid to such senior staff must take into account those senior staff members’ responsibilities and varying need for extended hours of work.

Employees may receive overtime leave in lieu of overtime pay. This must be approved by the administrator in advance of overtime worked. This overtime must be taken within three months of time worked. If not taken by this time, it will be paid out at regular overtime pay rates.

Employees working beyond the standard hours of work because of an emergency must report it as soon as possible to their immediate supervisor.

All overtime must be reported to and documented by administration.

If an employee is required to work on a Statutory Holiday, the employee shall be paid time plus time and a half for each hour or part thereof worked on that day.

YOUTH EMPLOYMENT – AGES 13 – 17

      1. Minimum wage standards apply to youth.
      2. Restrictions based on age

Under 18 years:

        1. Must work with an adult between 11:00pm and 6:00am.
      1. Under 16 years:
        1. Must have a Certificate of Completion for the Young Worker Readiness Course, that is signed by the parent/guardian. This is available on the Internet. This is not necessary for self employment (shoveling snow, cutting grass, baby sitting) or work experience programs.
        2. Must be directly supervised by an adult in the workplace.
        3. Can work up to 20 hours per week during a school week.
        4. Cannot work at all between 11:00pm and 6:00am.
        5. Not allowed to work on a construction site, on scaffolds, or with pruning or removing trees.

Under 14 years:

      1. Not allowed to use deep fryers, slicers, grills or knives, but can help with food preparation by washing dishes, mixing salads or filling drink orders.

FEDERAL BENEFITS

CANADA PENSION PLAN

The Canada Pension Plan is a Government of Canada program designed to provide an income upon retirement, disability, or death. All non Band Member employees are required to participate in this plan. Contributions are automatically deducted from the employee’s pay cheque. SLFN has chosen not to participate in the CPP, but employees can still take part by paying both the employee and the employer’s portions of the CPP contributions.

EMPLOYMENT INSURANCE

All employees must contribute toward the Government of Canada Employment Insurance Plan. Contributions are automatically deducted from the employee’s pay cheque.

LEAVE

ANNUAL VACATION LEAVE

      1. Employees must take regular vacations.
      2. Employees are not expected to perform regular duties while on vacation.
      3. It is the duty of the employer (supervisor) to create a vacation schedule.
      4. The basic entitlement is three weeks of vacation for every completed “year of employment.”. After five consecutive years of employment with the same employer, the entitlement increases to four weeks of vacation. After ten completed years, employees are entitled to five weeks of vacation.
      5. Vacation pay is calculated as a percentage of the gross wages an employee earns during the “year of employment. Where the vacation entitlement is two weeks, vacation pay is six percent (6%) of the earnings in the entitlement year. Where the entitlement is three weeks, vacation pay is eight percent (8%) of earnings. Where the employee is entitled to four weeks, vacation pay is ten percent (10%) of earnings.
      6. All requests for vacation leave must be approved in advance by the appropriate authority. Normally, an employee may take vacation at the discretion of the employer or at a time mutually agreed to by the employer and employee. But, it must begin no later than 10 months after completion of the “year of employment” for which the employee became entitled to vacation.
      7. In cases where the employer has chosen an employee’s vacation period, the employer must give at least 2 weeks’ notice of when the employee’s annual vacation is to begin.
      8. If an employee has worked more than 10 days but less than twelve (12) months, the employee may submit a request to his/her supervisor to take holiday leave, up to days accumulated.
      9. Vacation leave must be taken within ten (10) months of the end of the year in which it was earned. If an employee fails to take his or her vacation within the prescribed ten (10) month period, the onus is on the employer to arrange when the vacation will be taken prior to the end of that calendar year.
      10. Should a Statutory Holiday fall on or during an employee’s vacation leave, the employee shall be allowed to add another day to his/her vacation period.
      11. If an employee takes unearned leave (subject to prior approval of the Swan Lake First Nation), it shall be treated as a medical leave or leave of absence without pay.
      12. All employees are entitled to request the status of earned holiday credits at any time and shall be notified in writing, once every year, the amount of earned holiday credits they have.
      13. Employees will be allowed up to a maximum of 5 (five) days holiday credits in pay in lieu of holiday time subject to financial position of program, only once per fiscal year. The Director of Operations in conjunction with the Finance Manager will make the final decision.
      14. Where an employee is entitled to annual vacation credits and if there is no agreement between the Swan Lake First Nation and the employee concerning when the vacation may be taken, the employee shall give the Swan Lake First Nation and his/her immediate supervisor no less than two (2) weeks prior notice of the commencement of his/her annual vacation.
      15. The Swan Lake First Nation shall pay vacation pay to an employee who is entitled to annual vacation credits with vacation pay within fourteen (14) days before the beginning of the vacation; or on the regular pay day during or immediately following the vacation.

Holidays

All employees are entitled to the following holidays (days off) with regular pay:

New Year’s Day

Good Friday

Victoria Day

Canada Day

Labour Day

Thanksgiving Day

Remembrance Day

Christmas Day

Boxing Day

If any of the above holidays fall on either Saturday or Sunday, the following Monday shall be observed as a holiday.

IF required to work on one of the above holidays, Holiday pay will be time (regular pay) plus time and a half.

Example: If pay is $80/day

$80 + $80 + $40 = $200

In addition, Swan Lake First Nation recognizes the following holidays which are with regular pay.

Louis Riel Day

Easter Monday

Civic Holiday

Aboriginal Day

Treaty Day ½ day

If required to work on these days pay is regular pay plus ½ time.

Example: If pay is $80/day

$80 + $40 = $120

MEDICAL LEAVE

      1. An employee must work ten (10) full days in the first month of employment in order to be eligible for one day of medical leave.

Medical leave shall be earned at the rate of one day per month to a cumulative total of 6 weeks

All employees shall be entitled to a leave of absence with pay as a result of illness, to the extent of accumulated medical leave days.

Any illness causing absence must be reported to the Supervisor and/or Program Administrator within a reasonable amount of time. Failure to do so will be regarded as a leave of absence without pay and may result in disciplinary action.

Any illness that results in an absence for any period of more than three (3) consecutive working days must be supported by a medical certificate to be given to the employee’s supervisor on the day the employee returns to work.

Medical leave days shall accumulate during the period of employment to apply to cases of long-term illness. In such cases where an illness continues longer than accumulated sick leave days, the employee can use vacation leave credits if desired or the employee must make application for El benefits. This must be agreed upon with the program administrator as soon as possible.

Upon termination of employment, no financial compensation shall be given for accumulated sick leave. However, upon termination of employment, if an employee has taken medical leave in excess of days earned, those sick days will be deemed to be annual vacation day.

Medical appointments should be made so as to least interfere with hours of work.

For medical appointments exceeding four (4) hours, the time away from work shall be applied to either sick leave credits or compassionate leave.

The employee is entitled to medical leave job protection of up to 17 weeks without pay if they have worked for the same employer for at least three consecutive months.

BEREAVEMENT LEAVE

      1. An employee is entitled to and shall be granted, in the event of the death of a member of their immediate family, a leave of absence from employment of up to 5 days that may be taken during the period that begins on the day on which the death occurs and ends 6 weeks after the latest of the days on which any funeral, burial or ceremony occurs.
      2. If the employee has completed 3 consecutive months of continuous employment with the employer, the employee is entitled to the first 3 days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.
      3. An employee who has not completed 3 consecutive months of continuous employment is still entitled to the leave but without pay. Where an employee is to be absent due to compassionate reasons, the employee shall notify his/her immediate supervisor within one hour of the normal hour of commencement of duties.
      4. Bereavement leave shall not exceed five days in each given circumstance, provided that an additional two days may be granted for travel time if approved by the program administrator or the employee’s supervisor.
      5. Immediately upon the employee’s return from bereavement leave, a Time off Sheet must be submitted.
      6. Under certain circumstances, bereavement leave may be granted for other than the employee’s immediate family. Each request should be submitted in writing to Administration and/or the employee’s supervisor.
      7. Bereavement leave shall not exceed twelve (12) days per year and further leave shall be applied against bereavement the employee’s remaining vacation entitlement in that year, if any.

COMPASSIONATE CARE LEAVE

  1. An employee can take up to 28 weeks of unpaid compassionate care leave to look after a family member who is gravely ill.
  2. This leave of absence can be shared by two or more employees when looking after the same family member, but the total amount of leave taken by all cannot equal more than 28 weeks within the 52-week period.

MATERNITY LEAVE

      1. Every employee is entitled to and shall be granted a leave of absence from employment of up to 17 weeks, which leave may begin not earlier than 13 weeks prior to the estimated date of her confinement and end not later than 17 weeks following the actual date of her confinement.

PARENTAL LEAVE

  1. Natural and adoptive parents are also eligible for up to 63 weeks of parental leave under the same conditions as those for maternity leave.
      1. Parents may share parental leave in order to access an additional eight weeks of leave. Parents who share the parental leave have access to 71 weeks of parental leave.
      2. They can take this leave any time during the 78-week period starting the day the child is born or the day the child comes into their care. An employee shall apply for maternity leave three (3) months before the expected date of confinement.
      3. An employee who has been granted maternity leave shall be permitted to apply up to a maximum of ten (10) days of her medical leave against the E.I. waiting period.
      4. If the employee wishes to resume employment when the leave has expired, the employee must be reinstated in their former position or in a comparable position with the same monetary compensations and benefits.
      5. The employee must notify their supervisor in writing, at least two weeks prior to reporting back to work. If a medical reason prevents an employee from returning to work at the end of leave, a doctor’s certificate is required.
      6. During the term of maternity leave, the employee’s benefits shall be maintained as follows:
        1. The health plan premiums shall continue to be paid by the Swan Lake First Nation.
        2. If the employee wishes to continue to make contributions to the Pension Plan, the Swan Lake First Nation shall make matching contributions. Failure on the part of the employee to make these contributions will result in the Swan Lake First Nation not contributing.

ADOPTION ADJUSTMENT LEAVE

Adoption adjustment leave shall be treated as maternity and paternity leave.

SPIRITUAL/CULTURAL LEAVE

All leave for spiritual reasons shall be considered to be vacation leave or leave without pay, without exception.

LEAVE-WITHOUT-PAY

      1. The Swan Lake First Nation may, in its sole discretion, allow an employee to take leave-without-pay for personal reasons if the workload in that area permits and if the employee is not entitled to vacation leave. Any requests for leave without-pay shall be made at least two weeks prior to the required date. The request is to be made in writing and shall be discussed with the employee’s immediate supervisor.
      2. Each request for leave-without-pay will be reviewed on an individual basis.

JURY LEAVE

      1. Any employee subpoenaed to appear in court as a witness or who is called upon for jury duty shall be given the time off with pay to attend as required. Any remuneration received from the court by the employee shall be paid to the Swan Lake First Nation.

ELECTIONS

RESERVE ELECTION

If the employee is elected as Chief or Councilor, the employee is required to resign his/her employment effective the day the employee takes office.

RIGHT TO VOTE

In the event of a federal, provincial, community and/or municipal election, all employees eligible or entitled to vote shall be allowed the necessary time, with pay to attend the polls.

HIRING PRACTICES

Hiring of employees

The Swan Lake First Nation endorses and adopts the Canadian Human Rights Commission Policy Statement on Aboriginal Employment Preferences.

PERMANENT PART TIME, TERM, CONTRACT AND CASUAL EMPLOYEES

PERMANENT PART TIME EMPLOYEES

      1. Permanent part time employees fill on-going positions but are employed at less than 40 hours per week.
      2. Permanent part time employees who work 20 hours or more receive health and pension benefits.

TERM EMPLOYEES

      1. To distinguish term employees from full-time staff, the Swan Lake First Nation classifies term employees as people employed for an interim period of more than one month, but less than two years, and any contract entered into between the Swan Lake First Nation and such employee shall specify such employees as “term.”
      2. These employees are entitled to the following:
        1. 1 1/4 day earned holidays per month
        2. An employee must work ten (10) full days in the first month of employment in order to be eligible for one day of medical leave.
        3. Enrollment in the Swan Lake First Nation Pension Plan (following three months employment)
        4. Enrollment in the Swan Lake First Nation Health Plan (following three months employment)
        5. Holiday pay at the rate of 6%
        6. Upon completion of employment a Record of Employment will be issued; a T4 is issued.
      3. Term Employees shall only be entitled to two weeks’ notice or two weeks’ pay in lieu of notice upon termination of their employment at the Swan Lake First Nation.

CONTRACT EMPLOYEES

Contract Employees are under the specific contract which they have signed.

CASUAL HELP

Casual help are people employed for short-term continuous employment ranging from one day to three months. In most cases, it will be sporadic employment of two days, one week, and perhaps one day the following week. Their hours may vary depending upon the work for which they are hired. They will be paid an hourly wage and deductions will be made in accordance with Canada Labour Code, and any other applicable legislation. They do not receive Swan Lake First Nation benefits.

DISCIPLINE

Progressive discipline is to the benefit of both Swan Lake First Nation and its employees and is outlined in the Swan Lake Administrative Policy. Before termination is contemplated, the progressive discipline process will be applied. This process emphasizes training as well as discipline.

PROCEDURES

      1. All employees who breach the terms of their employment, either statutory, common law or contractual, are subject to discipline and/or termination.
      2. Procedures will follow Progressive Discipline.

See Federal Guidelines. Progressive Discipline. Canada.ca

APPEALS

Any employee subject to disciplinary action shall have the right to appeal the decision to the Swan Lake First Nation.

Procedures shall be as follows:

      1. The employee shall indicate, in writing, his/her decision to appeal the disciplinary action to his/her immediate supervisor.
      2. The supervisor shall acknowledge, in writing, the receipt of the notice to the employee and forward all necessary and appropriate documentation to Administration.
      3. The Administration shall arrange a constructive conversation between the employee, and his/her supervisor, within a period of time not to exceed thirty working days from the supervisor’s date of receipt of written decision from the employee to appeal.
      4. Where an employee’s appeal is upheld, the employee shall be reinstated in his/her former position or in a comparable job with the same remuneration and benefits and the employee shall not suffer any loss of pay or seniority.
      5. Appeals that are not solved at this level may require a mediator or be taken to Labour Canada.

TERMINATION

TERMINATION BY EMPLOYEE (Leaving a Job)

Although employees do not have to give notice if they choose to quit they are encouraged to give two weeks of notice. Where an employee terminates his or her employment for any reason, no compensation or benefit of any kind, other than payment of wages to date of termination, banked time, and vacation pay due to the employee shall be payable or shall become payable by the Swan Lake First Nation to the employee.

TERMINATION BY EMPLOYER (Being let go)

      1. Except for just cause, where the employee has three months of continuous employment, the Swan Lake First Nation shall not terminate an employee’s employment, except where the termination is consistent with the provisions of the Letter of Offer (“Employment Agreement”) entered into by the employee.

Providing to the employee either:

        1. Notice in according to time worked before a date specified in the notice of the Swan Lake First Nation’s intention to terminate the employee’s employment; or
        2. Or wages at the employee’s regular rate of wages for his/her regular hours of work in lieu of notice.
        3. Period of notice
3 months – 3 years of service2 weeks’ notice
3 years – 4 years3 weeks’ notice
4 years – 5 years4 weeks’ notice
5 years – 6 years5 weeks’ notice
6 years – 7 years6 weeks’ notice
7 years- 8 years7 weeks’ notice
8 years of service or more8 weeks’ notice
      1. Where the employee has completed less than three months of continuous employment, the Swan Lake First Nation may terminate the employee’s employment without notice, and payment in lieu of notice, or any compensation or benefit of any kind, other than payment of all accrued wages and vacation pay due to the employee, shall be payable or shall become payable by the Swan Lake First Nation to the employee.

SEVERANCE PAY

      1. An employee has the right to collect severance pay if they have completed at least 12 consecutive months of continuous employment before their layoff or dismissal resulted in a termination of employment.
      2. They are entitled to two days’ regular wages for each full year that they worked for the employer before their termination of employment. The minimum benefit is five days’ wages.

TERMINATION FOR JUST CAUSE

      1. Notwithstanding any provision herein to the contrary, the Swan Lake First Nation may terminate an employee’s employment for just cause and without notice, payment in lieu of notice, no compensation or benefit of any kind, other than payment of accrued wages and vacation pay due to the employee, shall be payable or shall become payable by the Swan Lake First Nation to the employee.
      2. Termination for just cause shall include, without limitation, termination of an employee’s employment by reason of:
        1. Serious misconduct, habitual neglect of one’s duties, and willful disobedience
        2. Any material breach of the provisions of this Policy Manual, the employee’s job description and/or the Letter of Offer (“Employment Agreement”) entered into by the employee.

RETIREMENT

      1. Retirement is the point where a person stops employment with no intention of returning to the workforce. When an employee retires from employment, the following shall be payable on a one time basis or shall become payable on a one time basis to the employee by the Swan Lake First Nation.

$300.00 for each year of cumulative service for full time and part time employees.

An employee is entitled to any accrued wages and earned holiday credits.

Medical leave credits earned accrued up to that point will be forfeit and will not be calculated into the retirement benefit.

Pension plan requirements or benefits shall be applied for with the present employee benefit provider and will be administered by the pension plan carrier.

If a person decides to return to work after receiving a retirement bonus, they have forfeited their right to further retirement bonuses.

SEXUAL HARASSMENT

“Sexual Harassment” means any conduct, comment, gesture, or contact of a sexual nature:

a) That is likely to cause offense or humiliation to any employee; or

b) That might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotions.

      1. Every employee is entitled to employment free of sexual harassment.
      2. The Swan Lake First Nation shall make every reasonable effort to ensure that no employee is subjected to sexual harassment.
      3. A claim of sexual harassment shall be in writing and forwarded to an employee’s supervisor and/or Administration. Verbal claims/accusations will not be dealt with.
      4. The Swan Lake First Nation will not disclose the name of the complainant or the circumstances related to the complaint to any person except where disclosure is necessary for the purposes of investigating the complaint or in taking disciplinary measures.
      5. Disciplinary action will be taken against any employee who is found to be guilty of sexual harassment

THIS CODE IS HEREBY ENACTED by the duly elected Chief and Council of the Swan Lake First Nation this 27th day of April, 2020.

Voting in favour of enacting the code are the following members of the Chief and Council:

________________________ Chief Francine Meeches Dated

________________________ Councilor Craig Soldier Dated

________________________ Councilor Roberta Morrissette Dated

________________________ Councilor Germaine Cameron Dated

________________________ Councilor Michael Esquash Dated

This Code was enacted during the 2020 Covid 19 Pandemic. Votes were collected electronically and signatures were done individually using social distancing.

Signatures witnessed by:

Dated: