HomeMy Public PortalAboutBy-law 2024-20 - Adopt Disconnecting From Work PolicyCORPORATION OF THE MUNICIPALITY OF TWEED
BY-LAW NO. 2024-20
Being a By-law to Adopt a Disconnecting From Work Policy for the Municipality of
Tweed, and to Repeal By-law No. 2023-21.
WHEREAS the Municipal Act, 2001. S.O. 2021, c. 25, as amended, provides the
general authority for Councils to adopt policies;
AND WHEREAS PART VII.0.1 of the Employment Standards Act, 2000, S.O.
2000, c. 41, as amended, requires that an employer that, on. January 1 of any
year, employs 25 or more employees shall, before March 1 of that year, ensure it
has a written policy in place for all employees with respect to disconnecting from
work that includes the date the policy was prepared and the date any changes
were made to the policy;
AND WHEREAS the Council of the Corporation of the Municipality of Tweed
deems it expedient to adopt a Disconnecting From Work Policy for the
Municipality of Tweed;
NOW THEREFORE the Council of the Corporation of the Municipality of Tweed
enacts as follows:
1. THAT the Disconnecting From Work Policy attached hereto as Schedule
'A' to this By-law, is hereby adopted as the Disconnecting From Work
Policy for the Municipality of Tweed.
2. THAT Schedule 'A' attached hereto forms part of this By-law.
3. THAT By-law No. 2023-21 is hereby repealed in its entirety.
3. THAT this By-law shall come into force and take effect immediately upon
the passing thereof by the Council of the Corporation of the Municipality of
Tweed.
Read a first, second, and third and final time, passed, signed, and sealed in open
Council this 12th day of March, 2024.
4.4.a0-vpi
MAYOR
SCHEDULE 'A' TO BY-LAW NO. 2024-20
DISCONNECTING FROM WORK POLICY [ONTARIO]
The health and wellbeing of our employees is of the utmost importance to us, and we,
the Corporation of the Municipality of Tweed (the "Municipality"), encourage and support
our employees in prioritizing their own wellbeing.
Disconnecting from work is important for an individual's wellbeing, and helps employees
achieve a healthy and sustainable work -life balance. Disconnecting form work means to
not engage in work -related communications, including emails, telephone calls, video
calls or the sending or reviewing of other messages, so as to be free from the
performance of work.
To encourage and support our employees in balancing their working and personal lives,
whether working traditional hours in the workplace, remotely or flexibly, we have
implemented this Disconnecting -from -Work Policy (the "Policy") to encourage
employees to disconnect from work where possible.
This Policy should be read alongside the Municipality's associated policies on Human
Resources as passed by By -Law 2013-28, Wage Scale for Municipal Staff Positions
and Council and Employee Wages, Benefits and Vacation Entitlements as passed by
By -Law 2023-25, as amended or replaced from time to time, any relevant and
applicable legislation, and any other policy that may become applicable and/or relevant.
Application
1.1
This policy applies to all employees, as defined by the Ontario Employment
Standards Act, 2000, S.O. 2000 c.41, as amended ("ESA"), whether they are
working remotely, in the workplace, flexibly or are mobile. For clarity,
"employee" under this Policy means only those employees of the Municipality
which are considered employees under the ESA.
Employer Obligations
1.2 The Municipality will make efforts to ensure that all employees, regardless of
their place of work, are:
(a) informed of what their normal working hours are reasonably expected
to be and are informed of the circumstances in which they will be
expected to engage in work -related communications outside their
normal working hours;
(b) able to take applicable meal, rest periods and hours free from work as
required by law, and/or contract language; and
(c) able to take vacation or other leave entitlements as required by law
and/or contract language.
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Employee Obligations
1.3 The Municipality expects all employees to comply with the following in the
course of their work. Employees must:
(a) cooperate fully with any applicable mechanism utilised by the
Municipality to record working time or update their working status (e.g.
out -of -office messages), including when working remotely, flexibly or
when mobile;
(b) be mindful of colleagues', customers/clients', vendors' and other third
parties' working hours;
(c) ensure that they take ownership of their work and meet the
Municipality's operational needs;
(d) comply with the Municipality's overtime policy within the Human
Resource Policy, including any requirements to obtain prior approval
before performing overtime work; and
(e) notify their supervisor or manager, in writing, of any right or entitlement
they were unable to exercise and the reasons why.
Ability to Disconnect from Work
1.4 An employee's ability to disconnect from work depends on the Municipality's
operational needs and the duties and obligations of the employee's position,
subject to an employee's employment contract, and/or their minimum
statutory entitlements under the ESA.
1.5 Nothing in the Policy precludes the Municipality or other employees of the
Municipality from contacting colleagues outside of what may be considered
normal working hours or standard business hours, subject to any rights or
entitlements the receiving colleague or employee may have under their
employment contract and/or their minimum statutory entitlements under the
ESA.
1.6 This Policy does not afford employees a "right to disconnect" beyond what is
within their individual employment contract, and/or their minimum statutory
entitlements under the ESA, which may include rights or entitlements
speaking to: normal hours of work and hours free from work, overtime pay,
meal and/or rest periods, public holidays and public holiday pay, and
vacation.
1.7 Nothing in this Policy is intended to amend or supersede any grievance
procedure or other aspect of any applicable agreement.
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Reporting Concerns
1.8 All employees are expected and required to report any concerns or issues
they may have which they feel is impacting their ability to disconnect -from -
work.
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1.9 Employees are encouraged to report such concerns or issues to their
immediate supervisor. If that is not appropriate or the matter cannot be
resolved by doing so, employees should direct their concerns or issues to
their immediate supervisor or the CAO/Treasurer.
1.10 Employees will not be subject to reprisal for reporting such concerns as
outlined above.
Posting, Notice and Retention
1.11 The Municipality shall provide a copy of this Policy to each employee of the
Municipality within 30 calendar days of implementation. Should any changes
be made to the Policy after its implementation, the Municipality shall provide
each employee of the Municipality a copy of the revised Policy within 30 days
of the changes being made.
1.12 The Municipality shall provide a copy of this Policy to all new employees upon
onboarding and within 30 calendar days of the employee commencing
employment with the Municipality.
1.13 The Municipality shall retain a copy of this and any revised version of this
Policy for three years after it ceases to be in effect.
Policy Implemented on: May 24, 2022
Policy Reviewed on: March 12, 2024