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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 THAT By-law No. 2023-21 is hereby repealed in its entirety. 3.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. -2 - 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. -3 - 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. /"1 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