Personnel Policies

PERSONNEL POLICIES

Revised April2017

STATEMENT OF PRINCIPLE

1.1The Personnel Policy Manual contains policies and procedures upon which to base decisions pertaining to staff matters. The purpose of this document is to outline the policies and procedures which will apply to all employees with respect to the terms and conditions of their compensation and leave, employment performance assessment, as well as staffing, grievance and disciplinary procedures. Additionally, the TLC Centre Code of Conduct is attached to this Manual, and all staff are required to adhere to this Code.

1.2Nothing in this manual is intended to contravene the law and regulations of the Province of Manitoba as it applies to conditions of employment or human rights. In the event such a conflict arises, the laws of the province will be deemed to take precedence over any of the centre policies and regulations.

1.3Where it is stated that employees must notify or seek approval from the Director, it should be understood that in the case of the Director, the responsibility for approval lies with the Board Chairperson. The Chairperson may refer the request to the Personnel Committee.

1.4Consistent and uniform application of policies is essential to maintaining good staff relationships.

1.5The employer considers itself an Equal Opportunities Employer: the principle whereby employment is based on the qualifications of the applicant rather than upon sex, race, or other factors not related to ability or performance.

1.6Authority to establish personnel policies rests with the Board of Directors in cooperation with the Centre Director and with input from employees.

GOALS AND OBJECTIVES

2.The purpose of writing the Personnel Policies Manual has been to facilitate effective management and suggest a unified approach to considerations affecting centre employees and to set forth the policies for the guidance of both the Board of Directors and its employed staff.

2.1It is realized that many of the Personnel Policies deal with generalities. However, it is noted that the subsequent sections are sufficiently detailed to enable the Director to carry out the spirit and intent of the guidelines herein set forth.

2.2An attempt has been made to be mindful of the basic principles governing the introduction of any centre policies; namely that they be:

2.3.3 fair and reasonable;

2.3.4 not in conflict with appropriate laws and regulations;

2.3.5 made known to all employees and volunteers; and

2.3.6 that they are applied consistently and uniformly thereafter

TERMS OF REFERENCE PERSONNEL COMMITTEE

1.Mandate

The Personnel Committee shall consist of a minimum of two members of the Board including the Chairperson, and will, with the Director, formulate policy recommendations for Board consideration. The Board will formulate and /or review personnel policy recommendations on a regular interval.

The Personnel Committee will ensure that the organization has clearly defined personnel policies and job descriptions, and is staffed by qualified, motivated people who achieve the desired results efficiently and with a high degree of personal satisfaction.

2.Responsibilities

2.1 The Personnel Committee is responsible to make recommendations for action to the Board of Directors in the following area:

2.1.1policies and procedures for human resource management;

personnel, salary and benefits;

2.1.2job descriptions for staff and board positions;

2.1.3regular reports from the Director concerning all staff changes;

2.1.4an appeal forum for staff when required in a grievance;

2.1.5as required, recruitment, hiring evaluation and termination of Director

2.2The Personnel Committee will be a standing committee of the Board.

3.Membership and Meetings

3.1.The Personnel Committee will be chaired by the Chairperson of the Board of Directors.

3.2The Committee will hold regular meetings as determined by the Chair and will review policies annually.

3.3Minutes will be kept of the discussions and decisions taken by the committee and will be on file at the centre and circulated to all staff as relevant.

3.4The Director will be an ex-officio member of the committee, and will be entitled to a vote.

4.Administration Policy

4.1The administration of personnel policies is the responsibility of the Director, who will consult with the Personnel Committee as necessary.

4.2The Director will be fully responsible for the work performance and supervision of all Employees.

EMPLOYMENT POSITIONS

1.Regular Full Time

A regular full-time employee is one who:

1.1consistently works a minimum of 37.5 hours per week

exclusive of lunch break, in an authorized position;

1.2successfully completes the probationary period;

1.3is paid bi-weekly as an hourly position;

1.4is eligible for all benefits detailed within the Personnel Manual, as agreed to within the Employment Contract, including the Group Benefits Plan administered through a provider as agreed to by the TLC Board and staff.

2.Regular Part Time

A regular part-time employee is one who:

2.1consistently works less than 37.5 hours per week exclusive of lunch break, in an authorized position

2.2successfully completes the probationary period;

2.3is paid bi-weekly as an hourly position

2.4is eligible for all benefits detailed within the Personnel Manual, unless otherwise stated in the Employment Contract, including the Group Benefits Plan administered through a provider as agreed to by the TLC Board and staff.

3.Casual

A casual employee is one who:

3.1is employed on an occasional basis;

3.2is paid on an hourly or daily rate on the salary payment schedule

3.3receives vacation pay as required by the Employment Standard Act;

3.4is not eligible for Group benefits unless specifically identified within the Employment Contract.

4.Contract

A contract employee is one who:

4.1is engaged for a specific period of time either to replace a permanent staff member or to complete a specified project;

4.2is not eligible for benefits unless specifically identified within the Employment Contract.

EMPLOYMENT PROCEDURES

1.Authority to Employ

1.1The Board of Directors will authorize the Personnel Committee to hire the Director: approve the terms of employment agreed upon with the person selected; and ensure all employment contracts are duly signed and dated.

1.2The Director works with the Personnel committee to develop and implement employment practices. Although the Personnel Committee delegates authority on daily decisions (including the hiring, employment and termination of staff) to the Director, the Director will consult with the Personnel Committee prior to hiring, employing and terminating employees to ensure all employment policies are duly carried out.

2.Job Descriptions

2.1The Director or designate will be responsible for the preparation and or approval of a written job description of the duties and responsibilities of each position.

2.2Every candidate for a vacant position can ask for and receive the appropriate job description.

2.3Every employee will have a copy of his/her job description.

2.4Each job description will detail the type of work required by the position.

2.5Individual job descriptions will be one of the tools for the evaluation of employees and will be reviewed for accuracy by the Director and employee during the evaluation process.

2.6Job descriptions will be used for determining salary ranges, planning staff needs and recruiting new personnel.

3.Qualifications

3.1Opportunity for employment will be open to persons who, based on their training, experience, general knowledge and merit, can demonstrate adequate qualification for the position to be filled.

3.2Qualifications required of a person applying for each position will be clearly written and made available to all candidates.

3.3Candidates are required to be accurate and comprehensive in listing their qualifications. Candidates hired based on false credentials are subject to immediate termination without notice.

4.Recruitment and Selection

4.1The Centre will normally recruit for staff positions through internal and external competition. Current employees will be informed in writing or verbally of all new employment opportunities and requirements, including additional hours/ tasks, job descriptions, etc. Interested individuals are to indicate their interest in writing to the Director within one week of the information being circulated.

4.2The Director, in consultation with the Personnel Committee, has the authority to dispense with publication of vacant positions, if appropriate.

4.3Selection of a candidate for a position will be based on a fair appraisal of qualifications for the position.

4.4A candidate for a position who believes that the Personnel Policy has been violated in any selection process may bring this to the attention of the Personnel Committee by a letter received by the Chairperson or designate within 48 hours of the interview, describing the violation. That is the sole method of appealing any aspects of the hiring process.

4.5Generally, candidates will be invited to apply, and to be screened solely on their qualifications for the vacant position. Such qualifications include among other things: past work experience, academic credentials, appropriate talents and skills, and a proven interest in the type of work to be performed.

4.6Interviews of candidates will be performed in a fair manner. Interview procedures will be substantially the same for all candidates for a given position.

5.Interview Expense

5.1Travel expenses, generally, will not be covered for candidates. The Director has the discretion to authorize such expenditures, in consultation with the Personnel Committee where it may be in the interests of the employer.

6.Moving Expense

6.1When an individual has been hired, who is from a community other than Carman, the expenses incurred by the new employee will be their responsibility.

7.Reference Checking

7.1Applicants must supply the names of at least three references and agree in writing to having those people contacted.

7.2Before making an offer of employment reference checks must have been made from a prepared list of questions, responses must have been recorded and satisfactory.

7.3Reference checks may be made with a former employer unless the applicant has in writing requested otherwise.

8.Child Abuse and Criminal Record Check

8.1In accordance with Best Practices Licensing Manual for Early Learning and Child Care Centre’s section 7(12) childcare Centre’s must have criminal record and child abuse registry forms signed by the applicant following a job offer. If a criminal record or inclusion on a child abuse registry is found, the director will interview the employee to get the facts. The Director will confirm the information given by the employee with the manager of compliance, program development and qualifications or designated will help the director decide what action to take.

8.2A new employee will not be permitted to be left alone with children until the centre receives confirmation that the information about the person from the criminal record and child abuse registry is satisfactory to the Director.

8.3Employees will be required to sign a “History of Disclosure” document annually following their performance review.

9.Appointment

9.1Following the acceptance of an offer of employment, each new employee will receive an Employment Contract which will contain the title of the position, the job description, the rate of pay, the effective probationary work period, the effective date of employment and any other matters agreed to in the employment negotiations. A statement of relevant personnel policies and practices will be incorporated in or attached to the letter.

9.2Two copies of the Employment Contract will be sent, the new employee will sign both copies agreeing to the terms of employment; and return one signed copy to the Director for the employee’s personnel file.

10.Orientation

10.1The employee will participate in an orientation program to the centre and to the community as per the Centre’s OrientationManual.

10.2The Director is responsible for the development of the orientation program in consultation with the Personnel Committee.

11.Probationary Work Period

11.1Each new employee will be a probationary employee for a period of time, as specified in the Employment Contract: for the Director – six months; Full Time – six months, Part Time – six months

11.2The Director may become eligible for enrollment in the Benefit Plan at the discretion of the Personnel Committee midway through the six-month probation period.

11.3During the first 30 days of employment, either party may terminate employment on one week’s notice.

11.4Prior to the end of the probationary period, the Director will review the performance of the employee to determine suitability for regular employment. The employee will then be advised concerning continued employment.

11.5The probationary period may be extended by a further period of up to three months in exceptional circumstances and the employee will be notified in writing of same.

11.6Following confirmation of regular status and completion of six months’ continuous service, regular full – time and eligible part – time (minimum 20 hours/ week) employees will join theGroup Benefit Plan.

12.Probationary Employees shall accumulate sick leave and vacation in accordance with the terms of this policy. However, they shall not be entitled to utilize any time until after the successful completion of the probationary period.
Performance Review

12.1On – going performance reviews by the Director, Assistant Director and /or Room Supervisor of all employees are to be conducted. In the case of the Director, the Personnel Committee will initiate and carry out the review. A formal review of performance will be conducted on all staff prior to their being placed on regular full or part – time employment and annually, thereafter. These reviews will involve:

1:Work Planning – to mutually establish specific short – range and long – range goals and standards of performance and work deadlines.

2:Performance Review – To review performance, with results compared to the goals and standards previously established.

12.2Results and recommendations of performance reviews will be reported within the Director’s report to the Board and will be added to the personnel file of each employee.

13.Promotions

13.1The policy of the employer is that open positions should, where possible, be filled by promoting employees qualified for the positions.

13.2Employees are to be encouraged and are entitled to apply for vacant positions, as well as to request opportunities for professional development in anticipation of positions becoming available within the organization.

13.3Promotion of employees shall be based on individual performance, efficiency and demonstrated potential following a written evaluation.

14.Rights and Privileges

14.1After the probationary period is completed, employee rights and privileges take effect from the initial date of employment.

15.Termination of Employment

15.1Dismissal:

Following the conclusion of the probationary period when the employee has become a member of the regular staff, the employer may terminate the employment relationship upon the decision of the Director in consultation with the Personnel Committee and with full knowledge and support of the Board of Directors:

Period of employment / Notice period
At least thirty days but less than one year / One week
At least one year and less than three years / Two weeks
At least three years and less than five years / Four weeks
At least five years and less thanten years / Six weeks
At leastten years / Eight weeks

1.Without cause, by giving up to one month’s notice or pay in lieu of notice as per Manitoba Employment Standards.

2.With cause, by giving notice or pay in lieu of notice based on the Centre’s pay schedule and ensuring all necessary documentation is in order.

3.Otherwise, without notice or pay in lieu of notice and with cause: Certain actions, once clearly established and substantiated, are acts of gross misconduct and may result in immediate dismissal.

They are:

Sexual or verbal harassment of children/ a fellow employee

Misuse of centre funds

Insubordination

Gross incompetence (actions which cost the centre time and money or are safety related)

Inappropriate sharing of confidential information

Being under the influence of restricted drugs or alcohol during work hours

Chronic absenteeism or lateness

Theft or willful damage of property owned or leased by the centre, other employees or families of the centre

Any breach of the Personnel Policies of TLC Centre Inc., which includes, but is not limited to, any form of physical punishment, verbal or emotional abuse, denial of physical necessities

15.2Resignation

Letters of Resignation are to be in writing in all cases. The minimum notice of resignation is established by Manitoba Employment Standards. If requested by either party an exit interview will be part of the resignation process.

15.3Layoffs:

1.Layoffs of a regular employee due to re-organization or shortage of work and /or funds will be implemented by the Director in consultation with the Personnel Committee after the Board of Directors has approved such layoffs. Job roles, skills experience and seniority, relating to Centre workforce requirements will be considered when determining which employee will be laid off.

2.Employee (s) will be immediately notified in writing.

3.Notice or pay in lieu of notice will be awarded based on Manitoba Employment Standards.

15.4Retirement

Normal retirement is at age 65. Employment beyond 65 may be granted on a year-to-year basis if recommended by the Director in consultation with the Personnel Committee and approved by the Board of Directors and in accordance with the Human Rights Legislation.

14.5Notice of Termination

Upon dismissal or resignation of regular staff, a written report will be provided to the Personnel Committee/ Board of Directors by the Director.

14.6Expiry of Employment for Contract Employees

The centre will inform contract staff of their employment status, two weeks prior to the last pay period. Termination procedures, vacation pay and applicable forms and procedures required by the government and sponsoring bodies of staff positions will be outlined to employees.

14.7No Notice Policy for Casual Employees

Casual employees are subject to termination without notice or pay in lieu of notice. They will be informed of this policy in writing prior to the first day of employment.

14.8Letters of Reference

Providing references for former employees to potential employers will be done by the Director using documented information contained in the employee’s personnel file, including information contained in performance review forms that had been signed by the employee.

16.Personnel Files

15.1 A confidential file will be maintained for each employee. This file will contain:

Employment contract;

Resume of employee;

Any pertinent correspondence, including letters of reprimand and discipline;

Annual performance appraisal;

Salary adjustments;

Current job description;

Correspondence related to changes in job description;

Reference checks;