Académique Documents
Professionnel Documents
Culture Documents
HUMAN
RESOURCES POLICIES &
PROCEDURES MANUAL
3.2. This Policy and Procedures Manual describes the terms and conditions of
employment and general working conditions. Leqa:mel Development
Corporation aims to provide all reasonable measures necessary to ensure
the safety and occupational health of all employees, to establish a
respectful workplace and to encourage the effective and productive
operations of the Corporation.
3.3. This Policy and Procedures Manual incorporates and adheres to the
Canada Labour Code (CLC) and British Columbia Employment Standards.
Any part within this manual that is inconsistent with, or falls below the
provisions of the Canada Labour Code and BC Employment Standards, shall
be null and void and the Canada Labour Code or BC Employment Standards
shall take precedence.
3.4. All employees, management and staff shall adhere to the provisions of the
Policy and Procedures Manual.
3.5. A copy of the Manual shall be made available to all employees and be
available for the membership to review.
3.7. The Board of Directors is the approving authority for any revisions or
amendments to the Human Resources Policy and Procedures Manual, with
input from employees.
4.0 DEFINITIONS
4.1. Anniversary Date: the employees start date.
4.4. Council: all of the members of the Leqa:mel First Nation Council working
together as the complete Council.
4.7. Full Time Employee: an employee who works 40 hours per week.
4.8. Fiscal Year: from April 1 of one year to March 31 of the next year.
4.10. Lay Off: the termination of work because of lack of work, lack of funding,
or the discontinuance of a function.
4.11. Leave of Absence: an employees absence from work that has been
approved by the employer. Depending upon the circumstances, the leave
may be paid or unpaid.
4.12. Part Time Employee: a permanent employee who is hired to work more
than 20 hours but less than 80 hours bi-weekly.
4.17. Start Date: the date upon which an employee is hired to begin working.
Leqa:mel Development Corporation Human Resources Policies and Procedures Page 5 of 28
4.18. Temporary or Term Employee: an employee hired for the term of a
project or on a temporary basis to replace an employee on leave, or to
work on a temporary basis for a specific task.
4.19. Termination: dismissal from employment, the end of the employees job
when the position is terminated, or the employees voluntary resignation
or retirement.
5.0 ROLES AND RESPONSIBILITIES
Board of Directors
5.2. The Board also supports the Chief Executive Officer in developing and
maintaining current, new and emerging Leqa:mel Development
Corporation business ventures and ensuring adequate resources are
available to conduct the businesses effectively.
5.3. The Board is responsible for the performance appraisals of the Chief
Executive Officer, working with the Governance Committee.
5.4. The Chief Executive Officer has executive responsibility for all aspects of
human resources management and leadership, including recruitment,
hiring, termination, training, performance management, workplace
employment and health and safety standards, a safe and respectful
workplace, human rights and other legislated workplace requirements.
5.5. Managers have direct responsibility for these same aspects of human
resources as they relate to the employees who report directly to them.
5.6. The Chief Executive Officer has executive responsibility for not causing or
allowing any practices or activities that are unlawful, that will cause undue
operational or financial risk, or that are in violation of accepted business
practice, legislated requirements or professional conduct.
Employee Role
5.9. Employees shall attend and perform work according to the hire, come to
work on time, report absences as required, and perform the functions of
the job as well as they are able to do so.
5.11. Employees shall participate in all workplace and team meetings that are
implemented by the manager or supervisor, or as otherwise required or
legislated.
5.12. Employees shall follow WorkSafe BC rules and regulations for maintaining
a safe and respectful workplace.
5.13. Employees shall not attend work or enter any of the Corporations
worksites while under the influence of drugs or alcohol.
5.14. Employees shall report all health and safety incidents, including those that
relate to bullying or harassment.
5.15. Employees shall engage in all workplace health and safety initiatives.
5.17. Employees shall welcome new employees and help them to become
established in the workplace.
5.18. Employees shall inform the direct supervisor of training that is needed to
improve the employees knowledge, skills, competence, and confidence in
the job.
5.19. Employees shall inform the direct supervisor of any problems that arise in
the workplace or that prevent the work of their position from being done.
5.24. The manager or supervisor gives the employee an orientation of the area
of operations, the job duties, fellow employees and other information that
will help the employee understand the purpose and duties of the job, and
to help them be successful in the new job.
6.0 DELEGATION AND LEVELS OF AUTHORITY
6.1. The Leqa:mel First Nation Chief and Council have their authority from the
membership and is Leqa:mel Development Corporations shareholder.
6.2. The Board of Directors is the governing body that is responsible for making
corporate policy for Leqa:mel Development Corporation, reports annually
to the shareholder and is responsible for assessing the performance of the
Chief Executive Officer. The Board is not involved in the daily operations of
the Corporation.
6.3. The Chief Executive Officer is responsible for implementing policy and is
responsible for assessing the performance of the managers of each of the
Corporations business ventures. The Chief Executive Officer has executive
responsibility for daily operations and all organizational performance as
described in the Chief Executive Officer job description.
7.3. Where it is necessary to the job, a criminal record check is done to protect
the interests of Leqa:mel Development Corporation and of its employees,
clients and the community it serves.
Human Rights
7.4. All aspects of the BC Human Rights Act shall apply in hiring, training,
promoting, or any other workplace and employment-related matter with
respect to age, race, creed, ancestry, national origin, political affiliation or
activity, sexual orientation, gender, parental status, physical disability,
mental disability and all other status protected under Human Rights.
7.5. Any Employee who believes they have been discriminated against is
entitled to and has the opportunity to file a complaint, as set out in this
Policies and Procedures Manual.
Employment Classification
Job Descriptions
7.10. A job description shall be developed for each position by the manager or
supervisor of that area of operations, and must be reviewed and approved
by the Chief Executive Officer or other designated officer. Job descriptions
are written in consultation with the employee who currently works in the
job as well as with any other relevant employee, manager or supervisor.
7.12. Job descriptions are reviewed and revised as necessary or at least every two
(2) years.
Employment Layoff
Just Cause
Reorganization
Employment Termination
7.16. The Leqa:mel Development Corporation shall provide notice or pay in lieu
of notice in accordance with applicable legislation, i.e., the Canada Labour
Code or British Columbia Employment Standards.
7.18. If, after the usual corrective and disciplinary procedures, it is determined
by the manager or supervisor that an employees performance or behavior
has not improved, or if the employee again violates the rules, policies and
procedures or standards of conduct, Leqa:mel Development Corporation
may terminate employment.
7.19. The following are examples of just cause for immediate dismissal that do
not require the employer to give the employee notice of termination or
pay in lieu of notice. Note that this is not a full list of all reasons for
immediate dismissal. Note also that termination for just cause requires
a higher standard of proof and must be implemented with due care and
regard for the seriousness of the action. Also, in some of the examples
Leqa:mel Development Corporation Human Resources Policies and Procedures Page 11 of 28
below, immediate dismissal (in other words, dismissal without notice or
pay in lieu of notice) might only be implemented after a previous
occurrence about which the employee was given warning.
7.19.1. Dishonesty, theft or fraud;
7.19.2. Any type of workplace violence or harassment during the course of
employment to employees, clients, visitors, business associates or others in
the workplace. Examples include sexual violence or harassment, physical
violence, lateral violence, intimidation or threats, verbal abuse or swearing,
serious slander and other such behavior and actions;
7.19.3. Serious insubordination or dereliction of duties. Insubordination may
include aggressive language including swearing and other objectionable
speech. Serious insubordination and dereliction of duties may include the
intentional failure to conform to the rules and duties of the job. It is a failure
or refusal to perform assigned duties. It is particularly serious when the
behavior could reasonably result in possible harm to the workplace, the
reputation or work of the organization, or health and safety within the
workplace.
7.19.4. Racism or other serious misconduct;
7.19.5. Conduct incompatible with the employee's duties or that could seriously
damage the reputation of Leqa:mel Development Corporation;
7.19.6. Willful disobedience of the manager or supervisors orders, instructions or
directions. This may include refusal to carry out a lawful order by the
supervisor or manager. An exception to immediate dismissal for refusal to
carry out an order is when an employee has reason to believe that the work
order will endanger the health and safety of the worker or others;
7.19.7. Use of alcohol or other substances, non-prescription drugs, or prescription
drugs that pose a proven hazard to health and safety in the workplace;
7.19.8. Conviction of a criminal offence that could reasonably pose a threat to the
health and safety of others in the workplace, to Corporation business
interests, or to the Corporations public reputation; and/or
7.19.9. Breach of confidentiality or other serious breach of ethics or other of the
Corporations policies and procedures.
Employment Resignation
7.21. An employee who resigns will give a minimum of two (2) weeks written
notice to the manager or supervisor.
7.22. A manager who resigns will provide at least one (1) month written notice
to the Chief Executive Officer.
Sick Leave
8.1. All employees may take sick leave for illness or injury that prevents the
employee from performing the work of the job. The sick leave may qualify
as paid leave. The accrual for paid sick leave is described in 8.2 below.
8.3. Hours of sick leave shall not be taken in advance of the employees accrual
of sick time entitlement.
8.4. An employee will contact their manager or supervisor no later than thirty
(30) minutes after the start of the workday to report that days absence
due to medical incapacity.
8.5. The employees manager or supervisor may require that sick leave of more
than three (3) consecutive days be supported by a physicians certificate.
The medical certificate needs to state whether the employee was
medically able to perform the work of their job, whether the absence from
work was medically necessary, the dates the employee was medically
8.6. If the physician charges a fee for writing the medical certificate, the
employer is responsible for paying the fee. The physician may mail the
certificate to the attention of the employees manager or supervisor in an
envelope marked confidential or may give the certificate to the
employee who will arrange to have it given to the manager or supervisor.
8.7. Failure to comply with the instruction to provide a medical note could
result in the time away from work being unpaid or in other corrective
action. There may be circumstances in which the employee is unable to
access medical care, in which case the circumstances will be taken into
consideration.
8.8. The manager or supervisor should review the employees absence record
if it appears that sick days are consistently taken around holidays, long
weekends, vacations, or if there are other patterns that may suggest the
employee is experiencing difficulties other than sick leave. In these
instances, the manager or supervisor should have a meeting with the
employee to explain the concern about sick leave and to ask if the
employee is having difficulties that they would like to discuss. Depending
upon the information exchanged in this meeting, the manager or
supervisor may begin a coaching process with the employee.
8.9. If the employee knows that their medical absence could be for as long as
fifteen (15) consecutive workdays, the employee should immediately
apply for Employment Insurance disability benefit under the short-term
medical disability provisions of the Employment Insurance Act.
Bereavement Leave
8.10. All full time employees shall be granted three (3) days of bereavement
leave with pay upon the death of the employee's immediate family
member. An additional two days may be granted at the discretion of the
manager or supervisor. The employee submits a request for leave of
absence to their manager or supervisor who approves or denies the
request on its merits. No leave request is unreasonably denied.
8.12. Leave without pay for a further ten (10) days may be granted with the
approval of the employees manager or supervisor.
8.13. In the event of the death not included in the definition of immediate
family, the employee may apply for leave without pay, vacation time, or
may use sick leave if other leave banks are depleted.
8.14. All leave requests and approvals are to be signed by the employees
manager or supervisor, a copy provided to the employee, and the original
kept in the employees personnel file.
Compassionate Leave
Maternity Leave
8.17. The employee must submit the request for maternity leave at least four
(4) weeks before the day the employee wishes to begin the leave.
8.20. Upon return to work, the employee shall be reinstated to the former
position and shall receive salary at the current rate of pay.
Parental Leave
8.22. The period of parental leave shall be in accordance with the parental
benefits provision of the Employment Insurance Act.
8.23. Every parent is entitled to take a leave of absence without pay to care for
newborn or newly adopted children. In the case of multiple births, such
as the birth of twins, the employee is not eligible to request leave for each
child.
8.24. Upon return to work, the employee shall be reinstated to the former
position and shall receive salary at the current rate of pay.
Cultural Leave
8.26. Specific events may require time off for participation by First Nations
employees. These events are generally planned in advance and are
referred to as custom or traditional events. Leaves for these events require
application to the manager or supervisor following the usual process, but
application for cultural leave that is submitted within the timelines
required shall be granted. Cultural leave is without pay.
8.28. An employee returning from Cultural Leave shall not lose the position in
which they were employed prior to the cultural leave.
Education Leave
8.29. Employees may be granted up to one (1) year of education leave without
pay for purposes of professional development, education or skill
upgrading.
8.30. The education leave shall be related to the work performed in the position
held by the employee.
8.31. An employee must submit a written request for education leave to the
manager or supervisor. The leave request must provide details such as the
name of the training institute, the courses or program that the employee
will take, the purpose of the training, the start date of the courses and the
date of completion. The manager or supervisor will consult with the Chief
Executive Officer before approving or denying the education leave
request. If the education leave request is granted, the manager or
supervisor will consult with the Chief Executive Officer to determine
whether the employee's position will be held vacant or filled with a term
appointment.
8.33. It is the duty of an employee who receives notification for jury duty to
notify their manager or supervisor as soon as possible after receiving the
notice and to give their manager or supervisor a copy of the jury summons.
All employees wages shall be paid on the day they appear for jury
summons.
8.34. The manager or supervisor shall acknowledge in writing that the employee
has notified the employer of jury leave. The written and signed
acknowledgment will be given to the employee with a copy kept in the
employees personnel file.
8.35. An employee summoned for jury duty shall retain their position, shall
continue to accrue vacation and pension (service and contributions), and
to retain their medical and other benefits coverage with the Corporation
paying both the employee and employer portions. The employee serving
on jury duty will not receive wages during this time.
Leqa:mel Development Corporation Human Resources Policies and Procedures Page 17 of 28
8.36. The employee shall return to work immediately upon completion of jury
service. The employees time away on jury duty is considered continuous
employment and the employee is entitled to all increases in wages and
benefits that the employee would have received if actively at work.
Marriage Leave
8.37. After the completion of one year of employment, an employee may apply
for up to five days leave to get married. As with all other leaves, the leave
may be approved or denied based on the Corporations operational need
at the time, but no leave request is unreasonably denied. Marriage leave
is not paid leave. An employee may apply for vacation time instead of Commented [CV2]: How long? Five days?
9.4. In accordance with the Workers Compensation Act and the OHS
Regulation, Leqa:mel Development Corporation commits to ensuring the
absence of workplace bullying and harassment as part of the health and
safety within all of the Corporations businesses and worksites.
9.8. Employees shall respect and commit to all rules of privacy and
confidentiality concerning other employees, clients of Leqa:mel
Development Corporation businesses, and any and all information
received or gained as an employee of the Corporation.
9.10. Employees shall keep confidential all information about clients learned as
a result of employment, agreement, or other relationship with Leqa:mel
Development Corporation. No such information shall be disclosed to any
person or organizations without the express authorization of Leqa:mel
Development Corporation.
9.11. All employees shall be required to sign an Oath of Ethics & Confidentiality
upon commencement of employment. The manager or supervisor
administers the oath to the employee on the employees first day of work.
Once the employee has signed the oath, a copy is given to the employee
and the original is kept in the employees personnel file.
9.12. Examples of a breach of ethics and confidentiality might include but are
not limited to:
Conducting personal activities or other activities that are not
related to the employees job;
Using Leqa:mel Development Corporation information or property
for non-work purposes without appropriate permission;
Accessing confidential information;
Sharing confidential information;
Helping to make decisions at work that concern an immediate
family member;
Being part of decisions that conflict with the employees family or
friends business interests;
Personally benefiting from a Leqa:mel Development Corporation
negotiation or business arrangement;
Falsely representing the Corporation to others;
Leqa:mel Development Corporation Human Resources Policies and Procedures Page 19 of 28
Requiring clients, contractors or others to perform activities in
return for favors;
Accepting gifts in kind or money in return for favors; and
Altering or otherwise falsifying Corporation records.
9.14. Except as set out below, information concerning all clients is confidential
and no employee shall disclose or communicate that information to any
person unless the client provides formal written consent to the Chief
Executive Officer. Employees shall not even acknowledge or confirm the
identity of clients. Information may be given out in the following
circumstances, with the approval of the Chief Executive Officer and in
consultation with legal counsel:
9.14.1. In giving evidence in Court;
9.14.2. By Order of the Court;
9.14.3. In complying with the reporting provisions of the Child, Family and
Community Services Act;
9.14.4. In complying with the reporting provisions of the Family Maintenance
Enforcement Act; and
9.14.5. In complying with tax reporting requirements.
9.16.
Code of Conduct
10.3. The employees manager or supervisor will provide each new employee
with the Code of Conduct, which the employee will sign.
10.4. It is understood that the code of conduct does not allow for any behavior
such as threats, violence, theft, libel, slander, bullying, harassment or
sexual harassment.
10.4.1. Sexual harassment may include unwelcome sexual advances, requests for
sexual favors, or other spoken or physical contact of a sexual nature. Such
activity creates an offensive, hostile and intimidating working
environment. As with other forms of workplace harassment, a person
who feels subjected to sexual harassment has the right to require that the
behavior stop, and to seek assistance from a manager, supervisor or the
Chief Executive Officer by making a complaint.
10.4.2. Threats, theft, libel, slander, harassment and bullying all create the
offensive, hostile and intimidating workplace described above. Such
behavior is not tolerated. Any such behavior must be reported to a
manager, supervisor or the Chief Executive Officer.
10.4.3. Violence is an offense under the Criminal Code. If violence is threatened
in the workplace, the legal authorities must be called.
Employee Files
10.5. A personnel file shall be maintained for each employee and stored in the
manager or supervisors office in strict accordance with privacy and
confidentiality legislation.
10.6. The files shall not be viewed by any unauthorized person or removed from
the office.
Hours of Work
10.8. The work week is based on forty hours (40) per week.
10.9. Employees are allowed up to one unpaid hour for their lunch break.
Employees are expected to take two paid rest periods in a full work day
and for this purpose are permitted a rest break of 15 minutes before lunch
and a second break between lunch and the end of the work day. All
scheduled breaks are intended to provide for the employees health and
so the breaks cannot be taken at the beginning or the end of the workday.
Overtime must be approved in advance and will be paid out according to
industry standards.
10.11. Absence from work for three (3) consecutive days without notifying the
manager or supervisor may be considered a breach of the employment
contract. Consistent unauthorized absence of any duration of time may be Commented [CV3]: Absence without leave it should state
termination - this happens quite a bit. Or abandonment of
considered abandonment of position and could, depending upon the position.
circumstances, result in suspension, other discipline, last chance
agreement or termination.
Performance Reviews
10.13. Unacceptable behavior or actions within the workplace that do not lead to
immediately dismissal may be handled by:
Spoken reminder;
Written warning;
A time-out paid leave;
A time-out unpaid leave;
Last chance agreement; and
Termination.
11.3. All employees will attend their staff meetings unless prior arrangements
are made with the manager or supervisor.
12.0 EMPLOYEE SALARY AND WAGE
12.1. All employee wages and salaries are in accordance with the salary range
established by the Board of Directors.
12.5. An increase in an employee's salary may occur for either of two (2)
reasons:
12.5.1. An increase based on annual cost of living, in which case all employees in
good standing of the Corporation will receive the same percentage increase
in salary; or
12.5.2. A change in duties that justifies an increase as authorized by the Board of
Directors.
Personal Loans
Overtime
13.1. Vacation shall be earned and calculated based on the twelve (12)-month
period beginning on an employee's start date, and shall be taken, in part,
after the completion of the probationary period and before the
anniversary date of permanent employment.
Vacation leave shall be calculated as follows: this is a policy decision that Commented [CV4]: Is their a different vacation allotment for
the Executive?
needs to be made by the Board. At the Boards discretion, one extra week
of paid holidays shall be provided to management staff.
Number of Years Employed Number of Paid Vacation Weeks Percent of Payout
02 2 4%
34 3 6%
5+ 4 8%
Vacation Leave
13.2. All vacation leave shall be taken during the year of entitlement (the year it
is earned), unless prior written approval is obtained from the manager or
supervisor. At year-end, all unused vacation entitlement will be paid out
as the amount of time earned. Vacation leave or holiday pay shall not be
accumulated from one anniversary entitlement year to the next.
13.5. Employees shall submit a request for vacation by March 31 of each year.
13.9. For vacation leave that exceeds three (3) consecutive working days, the
Request for Leave Form should be submitted at least one (1) week prior to
the leave. Annual vacation requests should be submitted at least ten (10)
days prior to the requested leave start date.
Leqa:mel Development Corporation Human Resources Policies and Procedures Page 25 of 28
Vacation - Termination
13.10. All employees who leave Leqa:mel Development Corporation with less
than one (1) year of service and who have not taken their earned vacation
time shall be entitled to vacation pay in lieu of vacation leave. The vacation
pay is calculated as the pay outstanding for the number of vacation days
owed. For example, two (2) weeks owed vacation equals two (2) weeks
payout.
Statutory Holidays
13.12. Election Day provides each employee with four paid hours until election
closes. Employees may be eligible for further time if they have to travel
more than four hours to vote.
13.13. In the event the paid holiday falls on a Saturday, the following Friday is
deemed to be the holiday.
13.15. If an employee is on vacation leave and a day of paid holiday falls within
that leave period, the paid day is not counted as a vacation day.
I have been told and I understand that this Manual is not a contract of employment, conditions
or benefits.
I have been informed that I may request copies of other workplace policies and am welcome to
direct questions regarding Leqa:mel Development Corporation policies and procedures to my
manager or supervisor, or to the Chief Executive Officer.