Procedure 18-47 - Working Conditions for Short, Medium and Long-Term Non-Union Contractual Employees

Effective on: 28/09/2015

Autorized by Administration Committee

WORKING CONDITIONS FOR SHORT, MEDIUM AND LONG-TERM NON-UNION CONTRACTUEL EMPLOYEES (RESEARCH AND OPERATIONS)

PURPOSE

1. Policy 47 establishes the principles and framework which defines working terms and conditions for non-union contractual employees working in a research or operations role. Specifically, this procedure applies to non-union contractual employees hired to support and manage research projects and activities and are paid from trust funds or research funds. It also applies to non-union contractual employees hired to support operational requirements of faculties and services. 

DEFINITIONS

2. Non-Union Research (NR) occupational category: Research positions paid through research funds and trust funds.

3. Non-Union Confidential (NC) occupational category:  Support, administrative and technical positions that are non-unionized because of the nature of their role. 

4. Non-Union Management (NM) occupational category: Management, specialist and professional positions. 

EMPLOYMENT CONDITIONS

5.  Probation

A probationary period allows a supervisor to evaluate closely the progress and skills of the newly hired employee, determine appropriate assignments, and monitor performance and suitability to the role and the organization.

Newly hired employees are subject to a probation period determined as follows:

a) Employees hired in an NR or NC occupational category: a six-month probation period applies (subject to being carried over to the subsequent contract if not completed in the initial contract), renewable for three months, if required. 

b) Employees hired in an NM occupational category: a twelve-month probation period applies (subject to being carried over to the subsequent contract if not completed in the initial contract).

Mandatory training, as required by law, defined in the employee’s employment contract and the University’s mandatory training as defined in the Probationary Goals Setting form.  Bonified training requirements must be completed upon employment (ie: start date) and all remaining mandatory training must be completed by the end of the probation period.

If an employee is unable to work for more than ten (10) days, the probationary period will be extended by the number of days for which they did not work.

6. Eligibility to leaves, benefits and pension

Leaves, benefits and pension must be offered to eligible employees as described below:

For employees remunerated from operating fund or an ancillary enterprise and employees remunerated from research funds and trust funds, employer costs must be paid directly from these funds.

 For term employees who will become members of a recognized bargaining unit on their one year anniversary of continuous service;

Under the terms of this policy, employees who retired from the University of Ottawa and who have a contract with the University are not eligible to group insurance benefits, to the tuition fee support program, to the University of Ottawa Pension Plan and to the retirement allowances program, except for those benefits offered as per their status of retiree.

Eligibility table: 

Statutory benefits

Canada Pension Plan, Employment Insurance, Workplace Safety and Insurance, Employer Health Tax

(Cost sharing between employee and employer)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

Yes

Yes

Yes

Core group insurance benefits

  • Basic life insurance (Cost sharing between employee and employer)
  • Extended health insurance(Paid by employer)
  • Basic dental insurance (Paid by employer)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

No

No

Yes, as per Policy 8 – Eligibility and Participation to Employee Benefits.

 

The employee has 31 days from the start date of their eligibility to register.  Coverage changes can be considered as a result of a life event or upon contract renewal.

Optional group insurance benefits

  • Optional hospital room coverage (private or semi-private)
  • Optional life insurance
  • Optional dental insurance
    • Accidental death & dismemberment insurance

(Paid by employee)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

No

No

Yes, as per Policy 8 – Eligibility and Participation to Employee Benefits.

 

Employees must register for core group insurance benefits in order to be eligible for optional group insurance benefits.  Once eligible, the employee has 31 days from the start of their eligibility to register.  An employee who does not register for optional benefits at the time of initial sign-on can register at a later date subject to the terms of eligibility dictated by the insurer. Some benefits may require evidence of insurability or a waiting period. Coverage changes can be considered as a result of a life event.

Pension plan

In accordance with the provisions of the Ontario Pension Benefits Act and the University of Ottawa Pension Plan text.  

(Cost sharing between employee and employer)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

No

No

Employees who have accumulated two years of full-time continuous service and either earned 35% of the yearly maximum pensionable earnings (YMPE) level under the Canada Pension Plan (CPP), or worked 700 hours in each year, are eligible to join the University of Ottawa Pension Plan and can choose to participate in it.

Tuition fee support program

( employer paid)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

No

No

Yes, as per the terms of Policy 22 – Tuition fee financial support for spouses and dependents of University of Ottawa Staff Members.

Sick leave

Accrual of one half day per month for the length of the contract, prorated to the number of hours worked.

 

For every period of sick leave exceeding three (3) consecutive working days, the employee must submit a medical note to the Health and Wellness sector within three (3) working days of returning to work.  If the note is not received within this period, the sick leave is refused and the employee and supervisor must decide within a reasonable length of time whether the employee will use annual leave days or days without pay for the days not worked.

 

If the absence exceeds ten (10) consecutive working days or upon the University’s request if the employee’s sick leave record casts serious doubt on the validity of the leave request – even in cases where the leave is for fewer than ten (10) consecutive working days, the employee must provide a medical certificate completed by the attending physician.  The employee must submit the medical certificate to the Health and Wellness sector no later than twenty (20) calendar days after the first day of the leave.

(Paid by employer)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

Yes

 

Sick leave can be accrued and/or transferred to a subsequent contract.

 

Unused sick leave has no cash value.

Yes 

 

Sick leave can be accrued and/or transferred to a subsequent contract.

 

Unused sick leave has no cash value.

Yes

 

A maximum of 85 working days of sick leave can be accrued and transferred to a subsequent contract. Sick leave accumulated is pro-rated to the number of hours worked.

 

Unused sick leave has no cash value.

 

For research employees, the grant will cover the cost for the first 12 days of sick leave taken each year.

Support may be sought from a designated research fund for subsequent sick leave, up to the maximum accrued by the employee.

Annual leave

(Paid by employer)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

No annual leave will be accrued.  However, employees are entitled to receive an additional amount corresponding to 4% of their remuneration which the employee can choose to receive on each pay or as a lump sum upon written confirmation of choice.

Yes

 

Employee accrues annual leave as per Table A of this procedure. Leave accrual is prorated to the number of hours worked.

 

Leave is taken during the year it is accrued unless an exception is approved by the CAO / Director for exceptional circumstances.

 

Any remaining leave is paid at the end of the last contract renewal paid from the same funding source, unless the departing and receiving unit agree otherwise, in which case annual leave may be transferred.

Yes

 

Employee accrues annual leave as per Table A of this procedure. Leave accrual is prorated to the number of hours worked.

 

Leave is taken during the year it is accrued unless an exception is approved by the CAO / Director for exceptional circumstances.

 

Any remaining leave is paid at the end of the last contract renewal paid from the same funding source, unless the departing and receiving unit agree otherwise, in which case annual leave may be transferred.

Special leave

A maximum of 3 days per year, prorated to the length of the contract and number of hours worked, for use in the case of:

  • marriage of the employee (once while in the employment of the University)
  • the employee’s move to a different permanent address (once per calendar year)
  • birth or adoption of a child (for an employee who is not the birth mother; must be taken within the 30 days following the birth or the adoption of the child)
  • family obligations and emergencies (this includes providing short-term care to a close family member who is ill; attending a medical or dental appointment with a family member; or a meeting with school officials inability to secure daycare for a child in the employee’s care; attending court with a minor child in the employee’s care; damage to the employee’s principal residence as a result of a fire, flood, a natural disaster or a break-in)

 

Bereavement leave

In the event of the death of a family member, you will be granted the following days of paid leave:

◦ Up to three work days for the death of your spouse, mother, father, child, sister brother, mother-in-law, father-in-law.

 

Special extended leaves identified by legislation will be administered in accordance with the specific requirements outlined in the Employment Standards Act of Ontario.

(Paid by employer)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

No

Yes

Yes

Paid holidays

Statutory holidays recognized by the University are as follows:

  • New Year’s Day
  • Family Day
  • Good Friday
  • Easter Monday
  • Victoria Day
  • Canada Day
  • Ontario Civic Holiday
  • Labour Day
  • Thanksgiving Day
  • Christmas Day
  • Boxing Day

(Paid by employer)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

Statutory holidays recognized by the University.  Employees are not entitled to the year-end holiday starting at the end of the workday on December 22 until the beginning of the workday on January 3.

 

 

Statutory holidays recognized by the University.

 

In addition, the employee is entitled to the year-end holiday starting at the end of the workday on December 22 until the beginning of the workday on January 3, up to the last day of their contract. If January 3 falls on a Saturday or a Sunday, employees return to work at the beginning of the first working day following January 3.

 

If December 23 or December 24 falls on a Saturday or a Sunday, a floating holiday is given to employees who were employed at the University on December 31 of the same calendar year:

- December 23: one floating day is given

- December 24: one-half floating day is given

Statutory holidays recognized by the University.

 

In addition, the employee is entitled to the year-end holiday starting at the end of the workday on December 22 until the beginning of the workday on January 3, up to the last day of their contract. If January 3 falls on a Saturday or a Sunday, employees return to work at the beginning of the first working day following January 3.

 

If December 23 or December 24 falls on a Saturday or a Sunday, a floating holiday is given to employees who were employed at the University on December 31 of the same calendar year:

- December 23: one floating day is given

- December 24: one-half floating day is given

Attendance at obligatory religious services

Paid leave of absence is granted to any employee to attend a mandatory religious service during working hours in keeping with the duty to accommodate provided for in the Ontario Human Rights Code.

(Paid by employer)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

Yes

Yes

Yes

Maternity and parental leave

Employees may rely on the special benefits provided under the legislation of the employee’s province of residence.  The provisions of the Employment Standards Act of Ontario will continue to apply, including the requirement to maintain the position of the person available until the end of the original employment contract.

 

An employee going on maternity/parental leave and who is covered by the benefits and/or pension plan may continue to participate in the benefits and/or pension plan by paying the employee contributions during the leave period in accordance with the provisions of the Ontario Pension Benefits Act and the University of Ottawa Pension Plan text. The University continues to pay any employer contributions to the plans. The employee must provide Human Resources with written notice of their choice to maintain benefits at least 30 days prior to the leave start date. An employee cannot choose to maintain only some benefits: all benefits must be maintained. The participation in the Pension Plan will be optional during a maternity and parental leave. The member will be able to have that pensionable service recognized later as per the provisions in place.

 

Continuous service and annual leave continue to accrue during a maternity/parental leave until the end of the employment contract.

 

Contractual employees are not eligible for supplemental income.

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

Yes

Yes

Yes

Leave without pay

Leave without pay for which the start date and the end date fall within the contract period.  Leave without pay cannot extend past a contract end date.  Leave without pay is awarded at the discretion of the manager and must be pre-approved.

An employee granted a leave without pay and who is covered by the benefits and/or pension plan remains eligible for benefits and/or pension subject to the following conditions:

a) For the first three months of leave, the employee is eligible for all benefits to which their salary normally entitles them and to maintain membership in the pension plan in accordance with the provisions of the Ontario Pension Benefits Act and the University of Ottawa Pension Plan Text, with contributions made according to the regular distribution of costs.

 

b) For the balance of the leave, the employee can maintain all benefits provided the terms and conditions of the insurer’s contracts are met and maintain membership in the pension plan, in accordance with the provisions of the Ontario Pension Benefits Act and the University of Ottawa Pension Plan Text. The employee must provide Human Resources with written notice of their choice to maintain benefits and pension at least 30 days prior to the leave start date. An employee cannot choose to maintain only some benefits: all benefits must be maintained. The employee must pay the full costs (employer and employee contributions). The participation in the Pension Plan will be optional during a leave without pay. The member will be able to have that pensionable service recognized later as per the provisions in place.

 

An employee on leave without pay is not eligible for the various other leaves provided for in Policy 47.

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

Yes

Yes

Yes

Worker’s compensation

All employees injured in a workplace accident while fulfilling their job functions or who develop an occupational disease are covered under Ontario’s Workplace Safety and Insurance Act.  Employees must report their injury or occupational illness to their supervisor and seek care as soon as possible.  Supervisors must ensure that the injured employee receives medical care and completes an Accident, Incident or Occupational Disease Form.  The completed form must be submitted to the Health and Wellness sector within 24 hours of the accident, incident or onset of the occupational illness.

Employees no longer able to earn full wages as a result of a workplace accident are eligible for loss of earnings benefits.  The employee receives 100% of their net salary for the first 20 working days of leave and then 85% of their net salary, provided the Workplace Safety and Insurance Board considers the employee unable to return to work.

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

Yes

Yes

Yes

Overtime

As per the Employment Standards Act of Ontario, employees who work more than their regular weekly and up to 44 hours per week, receive their regular hourly rate for additional hours worked.  After 44 hours of work in a week, each hour of overtime work, including any performed on Sunday, is paid at the rate of time and one-half the regular hourly rate.  Overtime can be paid either in money or in equivalent time off at the employee’s choice.

(Paid by employer)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

Yes if pre-approved

Yes if pre-approved

Yes if pre-approved

Severance costs

Subject to the criteria defined in the Employment Standards Act of Ontario, the University must pay severance costs provided for by the Law, and where relevant, in accordance with Common Law principles.  For research employees, grant funded severance costs in excess of 4 weeks will be paid by a designated research fund.

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

No

No

Yes, however the employee must have at least five years of continuous service

Anniversaries and retirements

Policy 81 on Anniversaries and Retirements applies except that the reception/gift is optional on the part of the faculty/service.

(Paid by employer)

Short term (< 1 year)

Medium term(≧ 1 year and < 2 years)

Long term (≧ 2 years)

No

No

Yes

 

TABLE A.i - ANNUAL LEAVE FOR NON-UNIONIZED CONTRACTUAL STAFF

SALARY GRADES NC 1 TO 8 AND NR 1 TO 8

 

Adjusted service

Number of days per year

Accrual rate per month

At time of hiring for medium and long term employees

15 days

1.25 day

Starting from:

 

 

1 year

16 days

1,33 day

5 years

20 days

1,66 day

11 years

21 days

1,75 day

12 years

22 days

1,83 day

13 years

23 days

1,91 day

14 years

24 days

2 days

15 years

25 days

2,08 days

17 years

26 days

2,16 days

19 years

27 days

2,25 days

21 years

28 days

2,33 days

23 years

29 days

2,42 days

25 years

30 days

2,5 days

 

TABLE A.ii - ANNUAL LEAVE FOR NON-UNIONIZED CONTRACTUAL STAFF

SALARY GRADES NM 1 TO 5

 

Adjusted service

Number of days per year

Accrual rate per month

At time of hiring for medium and long term employees

20 days

1,66 day

Starting from:

 

 

1 year

21 days

1,75 day

3 years

22 days

1,83 day

5 years

23 days

1,91 day

7 years

24 days

2 days

10 years

25 days

2,08 days

12 years

26 days

2,16 days

14 years

27 days

2,25 days

16 years

28 days

2,33 days

18 years

29 days

2,42 days

20 years

30 days

2,5 days

 7.  Salary increases (for medium-term and long-term employees)

Each year on May 1, without interruptions of more than 13 weeks, medium- and long-term employees are entitled to the economic and progress-through-the-rank (PTR) salary increases approved by the University.

The progress-through-the-ranks (PTR) increase is calculated at two percent of the standard of the salary scale, and must not result in the salary exceeding the maximum of the salary scale.

Upon implementation of policy 47, effective September 1st, 2015, all new employment contracts including renewals will be subject to the new May 1 annual salary increase provisions. 

For employment contracts issued under former 47A and 47B policies, annual salary increases will continue to be processed in accordance with former annual salary increase provisions until such time as the employment contract expires. 

A leave without pay, up to and including three months, does not affect the PTR increase. For a leave without pay for a period exceeding three months, the PTR will be prorated to reflect the leave period. 

ACQUIRED RIGHTS 

8. Employees who, as of the approval date of this procedure, are receiving a larger benefits package than the one described above will be grandfathered under this policy and will continue to receive the fringe benefits package they are currently receiving until they leave the University or transfer from the position under which they obtained the grandfather status.

INTERPRETATION 

9.  The Associate Vice-President, Human Resources is responsible for the interpretation of this procedure.  

APPLICATION 

10. Application of this procedure is the responsibility of the Deans and Associate Vice-Presidents together with the Associate Vice-President, Human Resources. 

EXCEPTION

11.  No exceptions may be made to this administrative procedure without the consent of the Vice-President, Resources and the Vice-President responsible for the sector. For the Resources sector, exceptions must be approved by the Vice-President, Resources and the President.       

Created on September 2, 2015

(Human Resources)   

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