HomeMy WebLinkAboutCOD-020-10~c7T111gC0Il
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date: May 17, 2010 Resolution#: G(~R-323- l0 gy_law#: NIA
Report: COD-020-10 File#: N/A
Subject: RESERVIST LEAVE: LEAVE OF ABSENCE FOR TRAINING AND
COURSE PURPOSES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report COD-020-10 be received;
2. THAT the benefit provisions continue as approved in Report COD-035-09 for
active duty leave only;
3. THAT full-time employees serving in the Canadian Military Reserve be provided
an unpaid Reservist Leave of Absence if he or she is deployed to a Canadian
Forces operation outside Canada, or to a Canadian Forces operation inside
Canada that provides assistance in dealing with an emergency as per the
parameters defined by the prevailing Employment Standards Act;
4. THAT leave for training or other leave not specifically provided for under the
prevailing Employment Standards Act not be permitted;
5. THAT the full-time employees must apply in writing, in sufficient time prior to the
date of the requested leave commencing, for the leave of absence and it must be
approved by the respective Department Head and the Chief Administrative
Officer,
6. THAT the Reservist Leave of Absence, for deployment as identified above, not
be available for Temporary employees, Full-time employees who have not
passed their probationary period, employees on Long Term Disability, or
employees who are not in good standing, with the Municipality of Clarington; and
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: COD-020-10
PAGE 2
7. THAT the above be incorporated into existing Corporate Policy, and the policy be
amended in future to comply with any legislated requirements. ~ ~ 7~
Submitted by: _~~ %/f~~-~ Reviewed by: ~--~~~`'"L~-(i'~1 ~
ManeMarano Franklin Wu,
Director of Corporate Services/ Chief Administrative Officer
Human Resources
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: COD-020-10
PAGE 3
1.0 BACKGROUND AND COMMENT
1.1 This report responds to a request by Council that staff review the practice and
policies regarding Military/Reservist leave of absence provided by other
municipalities within Durham Region; specifically relating to a leave of absence for
the purpose of training or other military duties connected to active duty or for the
purpose of deployment to active duty.
1.2 Currently the Municipality of Clarington provides for benefit coverage and pays the
employers' portion of the OMERS contribution for qualify staff, during active duty
only, as outlined in COD-035-09. (Attachment #1)
2.0 Employment Standards Act Obligations
2.1 The Employment Standards Act provides for job-protected leave of absence without
pay for members of the reserves force of the Canadian Forces. A reservist who
has been employed for at least six (6) consecutive months is entitled to take a leave
without pay if he or she is deployed to a Canadian Forces operation outside
Canada, or to a Canadian Forces operation inside Canada that provides assistance
in dealing with an emergency (per excerpt from the Employment Standards Act
guide attachment #2). Reservists must, where reasonably possible, provide their
employer with reasonable written notice of the date they will begin and end the
leave. The Employment Standards Act specifically indentifies the purpose of the
leave and does not identify training or course related activities.
3.0 Regional Comparators
3.1 Currently, no municipality within the Durham Region, including the Regional
Municipality of Durham, provides for aMilitary/Reservist leave of absence in excess
of the requirement under the Employment Standards Act as outlined in the attached
summary of policies, Attachment #3. Only the City of Oshawa and the Municipality
of Clarington have a policy that provides benefit coverage and OMERS contribution
on behalf of the employer to qualifying employees on a Military/Reservist Leave.
The Town of Whitby, Town of Ajax, City of Pickering and the Regional Municipality
of Durham have no specific policy relating to reservists and have advised they
provide the minimum requirement for the Reservist Leave.
REPORT NO.: COD-020-10
PAGE 4
4.0 Other Municipalities in Ontario
4.1 Several municipalities were surveyed and their policies are summarized below, and
included in the summary in Attachment #3:
Town of Whitchurch-Stouffville: No Policy
Quinte West: No policy
City of Bellville: Provides military leave without pay subject to operational
requirements, as determined by the CAO. An employee having reserve status in
the Canadian Armed Force of Canada, upon request to serve under orders on
training duty, shall be granted military leave for a period not to exceed ten (10)
working days in any one (1) calendar year.
City of Barrie: Eligible employees are entitled to unpaid reservist leave in
accordance with the Employment Standards Act for the duration that he/she is
deployed to a Canadian operation Forces outside of Canada, to a Canadian Forces
operation inside Canada that is for will be providing assistance in dealing with an
emergency or its aftermath. Employees, who are members of the Canadian Armed
Forces Reserves, Rangers, and CIL list officers, are permitted to take an unpaid
leave of absence, in accordance with the personal leave provisions of the
applicable collective agreement or exempt policy, of a maximum of three weeks per
year, to develop further military skills.
City of Sault Ste. Marie: The City will grant pursuant to the provisions of the
Ontario Employment Standards Act, personal leave of absence without pay for the
purpose of engaging in Canadian Armed Forces Reservist service. Employees
shall be eligible for top-up of military pay to a maximum of the equivalent of their
basic pay at the City for the first two (2) weeks of active military leave per year. For
leaves in excess of thirty days the Division/Department Head assessed staffing
impacts and provides recommendation to Commissioner of Human Resources.
City of Hamilton: Unpaid military leave may be provided for the purpose of active
reserve service, training exercises or other military duties as they occur. For active
duty in the reserve service, the employee will be paid their full salary for the first ten
(10) working days of active reserve service in a calendar year, subject to the
employee remitting military pay earned to the City; the remainder of the indefinite
leave is unpaid. If the purpose of the leave is for military training or other such
military service or duties, the employee may apply for an unpaid leave of absence
for up to six (6) months or as provided in the Collective Agreement. Employees on
approved leave for training purposes will be paid their full salary for the first ten (10)
REPORT NO.: COD-020-10 PAGE 5
working days of the leave in a calendar year, subject to the employee remitting
military pay earned to the City.
Oakville: An unpaid military reservist leave of absence will be granted for
employees to undergo military training or exercise or for the participation in an
operational mission authorized by the Canadian Government.
5.0 Recommendation
5.1 The benefit provisions approved in report COD-035-09 during active duty only, are
recommended to continue. It is also recommended that, consistent with other
municipalities within the Regional Municipality of Durham, that the Municipality of
Clarington provide employees who request a Military or Reservist Leave, pursuant
to the Employment Standards Act, with the an unpaid leave of absence if he or she
is deployed to a Canadian Forces operation outside Canada, or to a Canadian
Forces operation inside Canada that provides assistance in dealing with an
emergency. The request requires Department Head and Chief Administrative
approval following review of operational impact to the department. The
Employment Standards Act does not legislate any requirement for top-up of military
pay or for leave of absence for the purpose ofnon-deployment related activities
such as training. The Reservist Leave is governed by the Employment Standards
Act and should any regulations be updated the policy will be reviewed and updated
accordingly.
Attachments:
Attachment 1 -Report COD-035-09
Attachment 2 -Employment Standards Act section 15 Reservist Leave
Attachment 3 -Summary of MilitarylReservist Leave Policies
J~
~ Clar~ngton
Leading the Way
ATTACHMENT #1
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 15, 2009
Report #: COD-035-09 File # By-law #,
Subject: Reservist Leave: OMERS and Benefit Coverage for Full-time Employees
Serving Active Duty in the Military
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-035-09 be received;
2. THAT Full-time employees serving active duty in the Canadian military on a
reservist leave may request in writing that the Municipality pay the employer's
portion of OMERS contributions matching the employee contribution when
,purchasing all or part of the period of active duty;
3. THAT the benefit not be available for Temporary employees, Full-time employees
who have not passed their probationary period, employees on Long Term
Disability, or employees who are not in-good standing, with the Municipality of
Clarington;
4. THAT all eligible Full-time employees who have passed their probation period and
are serving active duty in the military on a reservist leave upon providing proof that
benefit coverage is not provided by the military, or the Provincial or Federal Health
Plan be allowed to continue on the Municipal health and dental plans, Accidental
• Death and Dismemberment and Life Insurance (excludes Long Term Disability
and Short Term Disability) if they purchase the benefit premiums for the estimated
leave period;
REPORT NO.: COD-038.09
PAGE2
5. THAT the offer does-not apply to leaves of absence for training or other non
deployment leaves; and
6. THAT the above be incorporated into Corporate Policy.
Submitted Reviewed I "^~-~~ "L~
by: Marie Marano, H.B.Sc., A.M.C.T, by: Franklin Wu,
Director of Corporate Services Chief Administrative Officer
MMIf/Iw/gj
REPORT NO.: COD-036-09
PAGE 3
® BACKGROUND
1.0 City of Oshawa report FA-09-04,
Oshawa Council approved benefit coverage for employees on active military duty
on a reservist leave and recommended the cost sharing of OMERS pension
contributions for the same employees (copy of Oshawa report as attachment #1).
2.0 Municipality of Clarington Council may wish to consider a similar offer to pay the
employers portion of the OMERS contribution for eligible Clarington full-time
employees. It would be available upon request in writing by employees who have
passed their probation period and who have been deployed to serve active duty in
the military on a reservist leave and decide to purchase the broken service period.
when active duty was served. A typical active duty in the military on reservist leave
is 12 to 24 months; therefore the cost for a typical leave per employee could range
from $7,000 to $14,000.
The employee would be advised of the statutory deductions applicable to this
payment, which would include Canada Pension contributions, Employment
• Insurance premiums and federal and provincial income tax.
3.0 Benefits
It is expected that benefit coverage during this period would be provided by the
military and the Provincial or Federal Health Plan when active duty is being
served. However, if the employee provides proof that benefit coverage is not
provided to them by any source, it is recommended that their benefits be
continued at the employee's cost for the premium, during the leave period. The
employee would be required to provide post-dated monthly cheques for payment
to cover the monthly benefit premium while serving active duty in the military on a
reservist leave. Employee eligibility for these benefits will be dependent upon the
length of leave and the type of activities performed on the leave and is subject to
the approval of the benefit carrier. Dependents of employees' with family
coverage will maintain their existing coverage if benefits are purchased.
Employees will be excluded from participating in the Short Term and Long Term
Disability plans. In accordance with the Master Contract for benefits, Long term
disability coverage is only provided to active working employees and would not be
extended for active duty in the military on reservist leaves.
• 4.0 Employment Standards Act Obligations
The employee on a reservist leave is entitled to be reinstated to the same position
if it still exists or to a comparable position if it no longer exists, upon their return
REPORT NO.: COD-035-09
PAGE 4
® from deployment. The employee would continue to accrue seniority and length of
service credit during the leave but the employer is not required to continue any
benefit plans during the leave. The Municipality has the right to postpone the
employee's reinstatemen# for two weeks after the day on which the leave ends or
one pay period, whichever is later, but would be required to pay for any benefit
premiums for the period the return date is postponed.
5.0 Recommendation
It is recommended that a policy be prepared and circulated to be included with the
Municipal Administrative and Corporate Policy Manual. The Reservist Leave is
governed by the Employment Standards Act and should any regulations be
updated the policy will be reviewed and updated accordingly.
•
•
ATTACHMENT #1
7vCOshawa
• ~~
Report
ro: Finance and Administration Committee Item: Date of Report:
FA- 09.04 January 15, 2009
from: RICk Stockman, Commissioner Flla: Date of Meering:
Corporate Services Department A-4300 January 22, 2009
Subject:
OMERS Coverage and Beneflts for Staff Serving In the Military
PubAc Meeting
1.0 PURPOSE
ward(s): Ail
The purpose of this report is to provide information on the benefit coverage employees
receive while on military duty and recommend the cost sharing of OMERS pension
contributions for employees who serve on active duty in the military.
2.0
DATION
That the Finance and Administration Committee recommends to City Council:
• 1. That any employee on military reservist leave be reimbursed the "employer portion"
of the OMERS contributions if the employee chooses to buy back broken service
time while on "reservist leave" as outlined in Report FA-09-04 dated January 15,
2009.
2. That further to the above, employees
their benefit wst in the Public Service
09-04 dated January 15, 2009.
who are on reservist leave be reimbursed
Health Care Plan as outlined in Report FA-
3. That the practice of reimbursing the employer portion of OMERS contributions and
benefits costs for employees who are on reservist leave be incorporated into a
Human Resources Administration Manual Policy,
3.0 EXECUTIVE SUMMARY
The Finance and Administration Committee directed that a policy be developed to pay the
City's share of OMERS contributions should an employee choose to buy back his/her
eligible service upon return to work from reservist duties.
to 2007, Ontario's Employment Standards Act and OMERS pension changes were
amended to allow employees who are reservists on active duty in the Canadian Military to
"buy back" their credited service. The legislation does not cover retroactive service and
OMERS rules state the employee must buy back both the employer, and employee
contribution directly.
•
34
98011-0794
... _ _.
Report to the Finance and Administration Item: FA• 09-04
® Committee (Continued) -2- Meeting Data: January 22, 2008
As the employee is providing a service to Canada and the City of Oshawa by their military
service, Council may deem it appropriate to provide the employee the "employer portion°
of the OMERS contribution. This would be the same amount that the City would have
contributed to OMERS had the employee remained directly employed by the City.
Payments in this regard are deemed to be a taxable benefit for the employee.
Employees on military leave may purchase coverage from the federal government.
Council may deem it appropriate to reimburse the employee their benefit costs in the
Public Service Health Care Plan.
4.0 INPUT FROM OTIiER SOURCES
4.1 Input from Others
- OMERS
- Department of National Defense
4.2 Input from the Auditor General
Not applicable
• 5.0 ANALYSIS
- On November 24, 2008, the Finance and Administration Committee directed:
t. That staff develop a policy, for any staff serving his/her country in the military on
an active tourof duty, stating that the City of Oshawa will pay the City's share of
contributions to the employee's OMERS pension should the individual choose to
buy back his/her eligible service upon return to work; and,
2. That staff report back on benefit coverage that the employee and his/her family
may receive from the City of Oshawa and the military while on his/her tour of
duty.
- OMERS
^ UVhile on leave, the employee generates "broken service" which is a period of time
that could be considered pensionable by OMERS if the .employee pays the
employer and employee share wRhin a specified time period after returning to work.
Only the employee is permitted to buy-back the broken service, but there is nothing
to prevent the City from reimbursing the employer's share to the employee.
^ Any payment to reimburse the employee would be treated as a taxable benefit, and
subject to statutory deductions (Income Tax, CPP and Ei). However, the employee
. would have an off-setting income tax deduction for an amount equal to his/her
contribution.
35
Report to the Finance and Adminiatretlon ttem: FA- 09-04
® Committee (Continued) - 3 - Meeting Date: January 22, 2008
- Health Benefits
• Persons in the military receive various levels of basic health benefits, are covered
under the Provincial Health Plan (OHIP) and are eligible to apply for coverage in the
federal Public Service Health Care Plan. Depending on level of coverage selected,
it costs the employee approximately $50 per month and provides coverage similar .
to that provided by the City's benefits program.
6.0 FINANCIAL IMPLICATIONS.
The cost of reimbursing the employee the employer portion of OMERS past service is
in the range of $8,000 to $16,000 for the typical 12 to 24 months of military service.
- The cost of reimbursing the employee their payments in the federal Public Service
Health Care Plan is approximately $600 per year.
- Appropriate provision for this expenditure is included in the 2009 budget submission.
7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN
- Providing employees on military reservist leave the °employer portion" of the OMERS
contributions and health benefd costs supports the Community Strategic Plan of a
caring and responsive community by assisting employees who voluntarily participate in
the reservist program that supports Canada's multilateral operations, peacekeeping,
and humanitarian initiatives.
/crC.~.
nn Thurston, Manager
HR Services and Safety
Ric Stockman, Commissioner
Corporate Services Department
~ 3b
ATTACHMENT #2
15. Reservist Leave
Employees who are reservists and who are deployed to an international operation or to an
operation within Canada that is or will be providing assistance in dealing with an emergency or its
aftermath (including search and rescue operations, recovery from national disasters such as flood
relief, military aid following ice storms, and aircraft crash recovery) are entitled under the ESA to
unpaid leave for the time necessary to engage in that operation. In the case of an operation
outside Canada, the leave would include pre-deployment and post-deployment activities that are
required by the Canadian Forces in connection with that operation.
In order to be eligible for reservist leave, you must have worked for your employer for at least six
consecutive months. Generally, reservists must provide their employer with reasonable written
notice of the day on which they will begin and end the leave. Reservist leave is only available to
reservists who gave their required notice and were deployed on operations on or after December 3,
2007.
Employees on a reservist leave are entitled to be reinstated to the same position if it still exists or to
a comparable position if it does not. Seniority and length of service credits continue to accumulate
during the leave.
Unlike other types of leave, an employer is entitled to postpone the employee's reinstatement for
two weeks after the day on which the leave ends or one pay period, whichever is later. Also, the
employer is not required to continue any benefit plans during the employee's leave. However, if the
employer postpones the employee's reinstatement, the employer is required to pay the employer's
share of premiums for certain benefit plans related to his or her employment and allow the
employee to participate in such plans for the period the return date is postponed.
76
Your Guide to the Employment Standards Act
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