HR Policies & Employment Legislation
Sample Policies on Common HR Topics
Alternative work arrangements (flexible time, compressed work week, job sharing etc)
An alternative work arrangement refers to any work arrangement that differs from the organization's standard work schedule and location. A well-structured policy helps to provide a clear understanding of the expectations and responsibilities of all parties involved in the alternative work arrangement, and ensure that the same criteria for making decisions on alternative work arrangements are applied to all employees. Furthermore, a policy enables employees considering alternative work arrangements to understand how their request will be evaluated and helps to avoid potential perceptions of inequity that may arise from ad hoc decisions.
When establishing policies and procedures on alternative work arrangements, organizations seek to provide employees with a means to achieve a balance between professional and personal responsibilities in a manner that benefits both the employee and the employer. The potential benefits to the employer are: increased employee motivation and productivity; increased employee commitment to the organization; ability to attract high performing individuals; and reduced absenteeism and staff turnover. The potential benefits to the employee are: reduction in stress due to conflicting personal and professional priorities; and increased job satisfaction, energy and creativity.
Employees may request alternative work arrangements for a number of different, equally valid, reasons such as: child care; elder care; medical needs; education goals; or personal growth and achievement aspirations. However, in order to respect individual privacy, employees should not be required to provide the reason for the alternative work arrangement request.
Alternative work arrangements
The key to successful alternative work arrangements is the flexibility to tailor the arrangement to the particular needs of the individual and the organization. There are many types of alternative work arrangements. In considering which alternative work arrangements to offer employees, organizations should consider the arrangement's practicality, fairness, and flexibility within the environment of the organization.
Typical alternative work arrangements include:
Flexible time
- Flexible time is an arrangement where employees work the standard number of hours in a workday, but vary the time of their work hours. Most organizations establish core working hours, meaning there are certain hours during the day in which it is mandatory for the employee to be at the workplace. For example an employee on flex time may start her day between 7 and 9 a.m. and finish between 3 and 5 p.m., but is required to be at work during core working hours which are 9 a.m. to 3 p.m.
Compressed work week
- A compressed work week is an arrangement where an employee works the standard number of hours in a one or two week period, but compresses those hours into fewer work days (thus working longer hours on the days the employee is at work). For example in a 40 hour work week an employee on a compressed work week may work four 10-hour days in a week with one day off, or nine 9-hour days with one day off every two weeks.
Telecommuting
- Telecommuting is an arrangement where an employee works either part or all of their workweek from a location other than the standard place of work (office). Typically employees in such an arrangement work from their homes. For example, an employee may work three days a week at the office and two days a week from home.
Job sharing
- Job sharing is an arrangement where two employees share one position. There are many combinations of work hours that are used for job sharing. For example one employee might work Monday to Wednesday and the other employee Thursday and Friday, or one employee might work mornings and the other afternoons.
Part-time/reduced hours
- Part-time or reduced hours are arrangements where an employee works less than the standard work week hours.
Alternative work arrangements and legislative requirements
There are no legislative requirements on employers to offer, or agree to, an alternative work arrangement. However, when developing an alternative work arrangement policy, organizations need to ensure the policy does not contravene the employment standards of their province - in particular organizations need to ensure that alternative work arrangements are still consistent with legislation regarding: hours of work; rest days/rest periods; overtime; short work weeks and averaging agreements. Additionally, employers may consider instituting alternative work arrangements in order to meet their Obligations to Accommodate, as required by Human Rights Code in their province.
While typically it is the employee who initiates an alternative work arrangement, there may be situations in which the employer initiates alternative work arrangements to meet operational or work-balancing/workload requirements. Should an alternative work arrangement be employer initiated, after the original employment contract is established (and therefore changing the agreed to terms of employment), the employee has the right to refuse the arrangement. Arbitrarily instituting an alternative work arrangement could be considered constructive dismissal and require the employer to offer the employee the choice of accepting the new work arrangement or taking a severance package.
Establishing and implementing alternative work arrangements
Organizations are advised to establish a formal alternative work arrangement agreement to be completed and signed by both the employer and the employee prior to beginning the alternative work arrangement. The agreement should outline the specific details of the alternative work arrangement, who is responsible for covering any costs incurred as a result of the alternative work arrangement, any specific insurance requirements, performance expectations, and so forth. With the exception of part-time, reduced hours or job sharing (where salary and benefits may be pro-rated), alternative work arrangements typically do not impact an employee's salary, benefits, and career progression.
Often there is a feeling that individuals who choose to job share or work reduced hours end up working a full-time position for a part-time salary; or those who work a compressed work week are required to be available/on-call on their day off, or there is an expectation to come in to work for a meeting on a work-at-home day. These issues can largely be resolved through good communication of the policy to both management and employees. Additionally, managers should take the responsibility to ensure that all parties respect the work arrangement.
The policy examples below demonstrate different approaches organizations have taken to implementing alternative work arrangements.
Compressed Work Week - National Arts Organization (PDF - 31KB)
Alternative Work Hours - Community Foundation of Ottawa (PDF - 39KB)
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Code of conduct
A code of conduct lays out an organization's expectations for appropriate workplace behaviour. As illustrated by the samples, some policies also provide legal and ethical guidelines for relationships between employees, service users and clients.
A code of conduct policy should:
- Be designed with consideration for your organization's values, the clients you work with and the service you provide
- Be driven by the fact that your organization' reputation is based on the actions and behaviours of your employees
- Provide guidelines for behaviour that is acceptable and encouraged, but it is not all inclusive
- Emphasize use of good judgment
- Require compliance with all applicable legislation
- List prohibited actions or behaviour that is regarded as misconduct (and it may specify the consequences of violations) as appropriate
- Refer to other related policies (for example: handling of confidential information, harassment, and conflict of interest)
The samples below show a variety of ways to address code of conduct in a policy. Your code of conduct should be designed to suit the needs and expectations in your unique environment. After that, awareness and implementation become the keys to the success of a useful and practical code of conduct.
Code of Conduct - Canadian Diabetes Association (PDF - 48KB)
Code of Conduct - Norwood Child and Family Resource Centre (PDF - 36KB)
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Compensation
Compensation is a fundamental component of employment and one of the most critical HR management policies. While compensation traditionally refers to employment wage, best practice in today's workplace considers total compensation to include base salary, bonus or incentive plans, benefits, and non-cash compensation.
Organizations should establish and communicate clear principles by which employees are paid. At a minimum, organizations need to ensure that their compensation policy adheres to employment legislation. Elements of compensation that are regulated by provincial employment standards acts include:
- Minimum wage
- Rate of holiday pay
- Overtime pay
- Equal pay
- How often employees receive their pay
- How payment is made
- Contents of pay stub or pay sheet (information that must be tracked and reported to employees)
- Deductions
- Gratuities
- Payroll records (information that must be tracked and documented)
- Vacation pay
Additionally, many organizations adopt compensation principles that ensure fairness and equity in pay rates and salary administration, and transparency in compensation practices.
An effective compensation policy is based on objective and up-to-date job descriptions, effective job evaluation and performance management, and relevant salary administration. Salary administration encompasses establishing:
- Salary ranges
- Decision-making criteria for salary increases
- Time frames for salary review
Establishing salary ranges
Organizations need to determine where they want to pay specific jobs/job categories in relation to the employment market (industry and regional compensation norms). Based on availability of qualified employees, funds available for salaries, ability to offer non-monetary attractors (such as vacation, benefits or alternative work arrangements) organizations make a choice to pay at the low end of the market, in the middle, or at the high end.
Organizations should conduct periodic reviews of their salary ranges to ensure that they are in line with the current employment market and their targeted position within that market. While large organizations may conduct their own salary benchmarking on a yearly or on-going basis, smaller organizations can purchase salary surveys when needed. Additionally, organizations need to determine the number of salary ranges that are appropriate for their organization. Organizations normally have a number of jobs within one salary range - for example, an organization may establish one salary range for all administrative jobs, one range for all specialist jobs, and one range for all director jobs. Consideration must also be given to the increase from one range to the next, and whether or not the ranges should overlap. Once again, market comparison is a useful tool in making these policy decisions.
Placement on salary range
Compensation policies will often establish criteria for employee placement on the salary range. Typical criteria include years of experience, years with the organization or in the position, and specific skill sets related to the position. Consideration should be given to how the organization wants to position new hires on the salary range relative to current employees.
Criteria for salary increases
In order to ensure fair and equitable compensation practices, organizations need to clearly establish, communicate and apply decision-making criteria for salary increases. Decisions on salary increases can be based on a number of factors, such as seniority, cost of living increases, or performance (merit) based. The trend in compensation is toward performance-based pay - organizations choosing to adopt performance based pay need to ensure that they have a clear performance management policy that is applied equitably throughout the organization.
Organizations may also implement re-earnable bonuses instead of salary increases. This compensation strategy serves to keep salaries and wages constant over time, however, may result in compensation below industry standards. A re-earnable bonus can be a useful tool to provide salary increases for employees who are at the top of the grid, without impacting the established salary range.
Salary review timing
Organizations need to establish regular time frames for salary review. Typically salary reviews are conducted annually, often in conjunction with performance reviews. (Best practice organizations hold separate meetings with employees for performance appraisal and salary review.)
Bonus and incentive pay
Bonus and incentive pay are not typical components of nonprofit compensation policies. However, bonus and incentive pay are considered best practice in other sectors and can be effective tools in motivating and retaining top talent, particularly at the director and executive director levels. As with base salary and salary increases, decision-making criteria should be established and communicated for awarding bonuses and incentive pay. Typically this type of compensation is tied to specific performance results against pre-set goals and objectives at the individual and organizational level. Results that are measured can be quantitative and qualitative, such as quality of service to clients, number of clients served, effectiveness of programs, etc. When establishing bonus schemes, organizations often apply a balanced scorecard approach: looking at financial, human resources and customer results. In the voluntary sector this balanced scorecard approach could translate into examining results of funding goals and objectives, budget management, employee and volunteer recruitment and retention targets, and program development and client service achievements.
Compensation Policy - Community Foundation of Ottawa (PDF - 30KB)
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Confidentiality
While working for your organization, staff may be exposed to confidential information about your clients, other staff members and/or the organization. Staff is expected to respect confidentiality at all times. A policy of confidentiality may include:
- A statement of the types of information that are confidential
- Consequences for breaching confidentiality
To emphasize the importance of this policy, many organizations address confidentiality during orientation and require all employees to sign a statement that they have read and understand the policy as part of the conditions of employment.
Confidentiality - United Way of Alberta Capital Region (PDF - 30KB)
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Conflict of interest
Conflict of interest policies address situations and circumstances in which an employee's personal interests are - or can appear to be - in conflict with the organization's interest.
There are many different definitions of conflict of interest. Often, definitions focus on opportunities an employee may have to use their position in the organization to their personal or private advantage or to the advantage of friends or family members.
Your policy needs to have a clear statement defining conflict of interest that suits your organization's purposes. It should also assign responsibility for identifying and resolving actual and potential conflicts.
While some policies do not spell out the consequences for an employee if a conflict cannot be resolved, others specify that failure to resolve a conflict of interest will result in discipline or termination.
Conflict of Interest - United Way of the Alberta Capital Region (PDF - 36KB)
Conflict of Interest - Community Living Upper Ottawa Valley (PDF - 45KB)
Conflict of Interest Policy - National Organization (PDF - 53KB)
Appendix A Conflict of Interest Agreement - National Organization (PDF - 29KB)
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Conflict resolution
Conflict exists in every organization and to a certain extent indicates a healthy exchange of ideas and creativity. However, counter-productive conflict can result in employee dissatisfaction, reduced productivity, poor service to clients, absenteeism and increased employee turnover, increased work-related stress or litigation based on claims of harassment or a hostile work environment. In addition to the productivity and cost benefits of timely conflict resolution, employee morale is higher when employees believe there is a fair and consistent process, which goes beyond their immediate supervisor, for dealing with conflict.
The conflict resolution policy should promote open communication and foster a safe environment for addressing differences of opinions. There should be a clear statement protecting employees from retribution for raising legitimate complaints and concerns using the conflict resolution process.
Conflict resolution policies and procedures often implement a progression of interventions, escalating the involvement of management and formal procedures based on the seriousness of the conflict and the inability of the parties to resolve differences on their own. Unionized environments often use the formalized grievance procedure for conflict resolution, as dictated by the collective agreement.
Legal requirements
Harassment can be a source of conflict, and organizations have a legal responsibility to provide a harassment-free work place. Refer to your provincial human rights legislation regarding harassment and the work environment. While a conflict resolution policy may provide a first step in dealing with harassment, organizations typically address harassment complaints with a policy and set of procedures specifically designed for that purpose - see the harassment policy guideline.
Alternative methods of conflict resolution
Methods of conflict resolution that can be included in your organization's policy and procedures, include:
An informal complaint process
An informal complaint process involves discussing the issue with an immediate supervisor to collaboratively understand and resolve work related issues with co-workers or the supervisor. The policy and procedures may outline specific steps and objectives, communication styles and behaviours that employees and supervisors should use in order to effectively resolve conflicts in the informal complaint process.
A one-up review
A one-up review involves discussing the issue with the one-up supervisor, again to collaboratively understand and resolve work related issues.
A formal complaint process
A formal complaint process involves making a formal (written or oral) complaint to an appointed "conflict resolution manager" (often the HR professional on staff or the executive director), who then conducts an investigation of the complaint and recommends a resolution. It is important to outline the scope of the investigation, and how issues of confidentiality will be handled during this process. Confidentiality can be a particularly sensitive aspect of conflict resolution resulting from harassment complaints (refer to harassment policy guideline.)
Some voluntary organizations involve the Board or Board Executive in conflict resolution, as a final step in the formal complaint process. If involving the Board in the complaint process, it is advisable to specify only one or two members to participate in the process, in order to both maintain confidentiality and Board focus on strategic, rather than operational, activities. Often it is the President who takes on this responsibility, or alternatively a board member who has specific experience or training in conflict resolution.
Mediation
Mediation may be used in a non-unionized or unionized organization. Mediation is a process involving an objective third party. The mediator (the objective third party) is often the HR professional on staff or another employee who is trained in conflict resolution, or can be an external professional mediator. The mediator guides the conflicting parties in considering alternative resolutions.
Arbitration
Arbitration is most commonly used in a unionized environment. Arbitration is a process involving a professional arbitrator who considers both sides of a conflict and issues a binding decision. Arbitration is a costly process, and as such may not be a viable option for many voluntary sector organizations. A cost benefit analysis should be conducted to determine the value of using arbitration, rather than other legal actions, to resolve conflict. Arbitration is a lengthy, difficult and costly process. At the end of the process, the parties have relinquished control to a third party and the prescribed resolution may be less than favourable. Arbitration should always be a last resort when resolution by every other possible means has reached an impasse.
The Canadian Department of Justice provides an online conflict resolution toolkit that provides an introduction to some of more common techniques of conflict management and dispute resolution. |
Implementing conflict resolution
Conflict resolution is a skill based in good communication practices and an understanding of interpersonal dynamics - therefore, successful implementation of conflict resolution policies and procedures is often contingent on providing supervisors with appropriate training and coaching on the policy, procedures and interpersonal skills.
Grievance Procedure - National Organization (PDF - 41KB)
Problem Resolution - National Organization (PDF - 46KB)
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Contract workers and employment status
Nonprofit organizations often use contract workers to augment their human resources for project requirements and to obtain specialized services as needed. Contract workers can help to meet work needs of the organization without increasing staff numbers and incurring employment expenses such as Employment Insurance, Canada Pension Plan, vacation pay, and other employee benefits. However there are significant legal ramifications to hiring contract workers as self-employed service providers when in reality they are employees.
Organizations should establish a clear policy on the use of contract workers, identifying when to hire a contract worker as an employee and when to hire a contract worker as a self-employed service provider. In general, a good guide is hire a contract worker as a contract employee when the organization requires regular full- or part-time work to be done over a significant period of time; and hire a contract worker as a self-employed service provider when the organization needs advice, specialized services or irregular short-term work done.
When are contract workers employees?
The first step in determining whether or not a contract worker is an employee is reviewing the definitions of employee, employer and the employer-employee relationship:
Employee - An individual who serves an employer.
Employer - An organization or individual who is required to pay a salary or other remuneration for services rendered by an employee.
Employer-employee relationship - A verbal or written agreement in which an employee agrees to work on a full-time or part-time basis for an employer for a specified or indeterminate period of time, in return for salary or wages. The employer has the right to decide where, when, and how the work will be done. In this type of relationship, a contract of services exists.
Other indicators of an employer-employee relationship:
- A contract is lengthy or the same individual is hired on several back-to-back contracts
- The individual is a recently laid-off or retired employee of the organization
- The individual is performing the same or similar work to employees on staff
- The individual derives all his or her work income from the one organization
- The individual works regular hours on the employer's premise
- The individual uses equipment (i.e. computer) owned by the organization in order to perform work on behalf of the organization
- The individual presents himself or herself as a member of the organization (i.e. has organization business cards)
Indicators of a self-employed contract worker:
- Has a number of clients
- Has a GST number
- Determines his or her own work schedule, works out of his or her own office location
- Acts on his or her own behalf, representing himself or herself as a separate entity from the organization (even when attending external meetings or conducting marketing or promotional activities for the organization)
- Generates a business loss or profit based on the performance of the work completed for their client organizations
These indicators provide guidance on determining the employment status of contract workers in your organization. However, it is recommended that you review employment definitions and regulations as established by the Canada Revenue Agency and your provincial Employment Standards, when developing contracts (setting out the terms and conditions) for contract workers. Having a lawyer review your contracts and contract worker policy is an additional assurance that you are operating within the law.
Contract workers and legal requirements
If a contract worker is a self-employed service provider then the organization is legally bound by the terms and conditions of the signed contract. Most federal or provincial labour laws do not protect the self-employed service provider.
If a contract worker is an employee, the organization must: pay the employer premiums and deduct employee contributions for government-sponsored benefits (Canada Pension Plan, Employment Insurance, and Workers Compensation); collect income tax and other taxes; and provide benefits mandated by provincial Employment Standards (refer also to the Employee Benefits policy guideline). The contract worker who is deemed an employee is protected by federal and provincial labour laws and, in a unionized organization, by the collective agreement.
If the Canada Revenue Agency determines that a contract worker is/was in fact an employee, and the organization has been operating as if the contract worker is/was a self-employed service provider, the organization may be required to pay all back taxes, EI and CPP premiums (including the portion normally contributed by the employee) and any interest owed; and may be fined.
If the provincial ministry of labour determines that a contract worker is/was in fact an employee, then the organization will be required to uphold all applicable labour law with respect to the contract worker, including paying all appropriate benefits in addition to the agreed upon hourly rate or salary; and may be liable for termination and wrongful dismissal payments.
Terms of the contract
Organizations should establish clear terms and conditions for each contract worker, both for the contract worker who is an employee and for the self-employed service provider.
The terms and conditions should establish up front the employment relationships (whether the contract worker is an employee or self-employed service provider).
If the contract worker is deemed an employee, the contract should outline:
- The job title and basic job requirements the individual is being hired to carry out
- The beginning and end date of employment
- The hours and location of work
- The rate of pay and pay periods
- Deductions that will apply (i.e. EI, CPP, income tax)
- Benefits that will be provided
If the contract worker is deemed to be self-employed, the contract should outline:
- The nature of the work to be completed (avoiding any implication of control over how the work will be accomplished or the hours and location of work)
- That the relationship is not employer-employee
- That the contract is responsible for all source deductions such as CPP, EI, income tax
- The fees and payment schedule, including GST (include the individual's GST number in the contract)
- The terms for terminating the contract (notice period for termination before completion of the contract, reasons required/not required for terminating the contract prior to completion; payment obligations when terminating before completion of the contract)
Again, it is advisable to have a lawyer review your contracts to ensure you are operating within the law and that you have protected the organization against legal action.
Sample Contract Agreement (PDF - 67KB) Employment Classifications - National Organization (PDF - 39KB)
Employment Categories - Voluntary Sector Association (PDF - 38KB)
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Copyright
As part of their job duties, many employees produce material for the organization such as reports, brochures, training programs and training manuals, and publications. Material that can be covered by a copyright and is developed during the course of employment with an organization is owned by the organization. In special circumstances where the employee and employer agree in advance, the copyright may be shared or owned entirely by the employee. Such circumstances are very rare.
Copyright - Canadian Interuniversity Sport (PDF - 27KB)
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Discipline
The ultimate goal of policies and procedures on discipline is to improve performance and compliance with organization standards by correcting unsatisfactory behaviour. The role of management in fostering growth and understanding is an important part of creating a positive work environment and promoting positive behaviour. A policy complements this leadership and guides line managers in fair and consistent treatment.
Many organizations use progressive discipline, where repeated or more severe offences result in stronger penalties. This approach gives the employee the opportunity to recognize and change his or her behaviour.
Depending on the severity of an employee's action, management may have the right to jump straight to termination - that is, the permanent separation of an employee from the organization, which is often seen as the most severe form of discipline.
Your policy should clearly introduce and outline disciplinary procedures. It should provide examples of what type of action would result in an instant dismissal. (Include a statement that this list is not exhaustive.)
The importance of consistent and objective application, clear communication and detailed documentation (date, actions taken, relation of behaviour to job, etc) cannot be emphasized enough.
Discipline and Termination - Volunteer Calgary (PDF - 42KB)
Performance Discipline Policy - United Way of Alberta Capital Region (PDF - 37KB)
Exit Interviews - Big Sister and Big Brother Society of Edmonton and Area (PDF - 40KB) |
Employee records
Organizations create and retain documentation on employees in order to effectively manage their workforce. Employee records provide employers with a consolidated place to store employee information, and provide documentation to substantiate decisions on hiring, promotion, compensation, disciplinary action and termination. An employee records policy should identify the information that is collected and retained in employee files, why the information is collected, who has access to that information, how it is used and how long employee records are retained.
Legal requirements
There are a number of legal requirements that organizations need to consider when establishing their employee records policy and procedures:
Required information
Provincial employment standards mandate the collection and retention of some specific employee information, particularly with respect to payroll (refer to Compensation), so it is important to review employment standards requirements for your province when determining what information your organization will keep in employee records.
Privacy legislation and privacy requirements for employee records
Some provinces have privacy legislation to address privacy of personal information collected by organizations. Organizations in all other provinces and territories must comply with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA). All privacy acts address the issues of what and when employee information is considered to be personal information that is subject to the provisions of the privacy legislation.
For organizations in the Yukon, Nunavut and the Northwest Territories the collection of employee information is subject to PIPEDA because all private sector activity is under federal jurisdiction in the territories. PIPEDA applies to personal information that is collected, used or disclosed in the course of commercial activity. PIPEDA also states "personal information does not include the name, title, or business address or telephone number of an employee of an organization."
For organizations in all provinces except Alberta, British Columbia, and Quebec, an employee's personal information that is collected to support the employer/employee relationship is not subject to the privacy legislation when the information is held by the organization within the organization's offices. However, once an organization enters into a commercial relationship such as hiring an agency to recruit for a position or sending employee information to any outside payroll service or benefits provider, the privacy legislation will apply.
Even if the information you collect about your employees is not subject to privacy law, employees have come to expect that their personal information will be kept private. Therefore, the best approach to an employee's personal information is to treat it as though it is subject to privacy legislation.
PIPEDA sets out 10 privacy principles for the collection, use, disclosure and retention of personal information. The provinces with privacy legislation have similar privacy principles. Your organization can ensure good practice in maintaining employee records by applying these privacy principles:
- Accountability
- Identifying purpose
- Consent
- Limiting collection
- Limiting use, disclosure, and retention
- Accuracy
- Safeguards
- Openness
- Individual access
- Challenging compliance
Links to Provincial Privacy Acts http://www.privcom.gc.ca/prov/index_e.asp Application of the Personal Information Protection and Electronic Documents Act to employee records http://www.privcom.gc.ca/information/guide_e.asp The Privacy Commissioner's website also contains information about PIPEDA including fact sheets, information for individuals and businesses, a privacy quiz and a blog. |
Information in employee records
There are a number of items, in addition to information that is legally required, that organizations usually keep in employee records:
- Employee's resume
- Letter of employment/employment contract
- Salary or wage history
- Performance related documentation including information such as appraisals, commendations, and disciplinary action
- Tax forms
Organizations should be intentional regarding the information they keep in employee records to ensure privacy, and to manage administration and storage costs.
Security of personnel files
Organizations should establish a secure location for storing employee records - most often this location is a locked filing cabinet in a locked office, usually belonging to the executive director or the HR professional on staff.
Employee access
An employee has the right to review his or her own employee records. Organizations should specify how employees get access to their employee records. Typically organizations do not allow employees to remove the file from the area in which files are kept. Furthermore, in order to maintain the integrity of the employee records, employees are not usually permitted to remove or add anything to the content of the file. However, organizations should establish a process for ensuring the accuracy of employee information. This process should include an option whereby employees can formally request an update to information contained in their personnel file.
Staff Files - Community Foundation of Ottawa (PDF - 39KB)
Employee Records - A National Organization (PDF - 12KB)
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Expenses and allowances
A policy on expenses and allowances sets out arrangements for employers to cover costs for employees' travel and other employment related activities.
Expense policies commonly state that pre-authorization is required - that is to say that expenses must be approved (typically by the executive director) before the money is spent. Otherwise, they vary widely reflecting the organization's needs and resources. Which costs does the organization cover - travel, accommodation, meals, mileage, hospitality, other? What conditions apply to reimbursement - for example, are receipts required? Are amounts specified? Are there maximum limits?
Expenses and Allowances - Nova Scotia Organization (PDF - 39KB)
Travel and Related Expenses - Alberta Organization (PDF - 35KB)
Travel Regulations - Nova Scotia Organization (PDF - 27KB)
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Harassment
Harassment:
- Can be visual, verbal, physical and sexual
- May involve threats, intimidation, unwelcome remarks, offensive or derogatory jokes, posters, crude comments, leering etc.
- Is something a reasonable person would find unwelcome
- May be one incident or a series of incidents
- Adversely affects an employee's productivity and can create an uncomfortable work environment
- Should be addressed by every employer and understood by each employee
Consult Human Rights Legislation for more specific information on employment-related discrimination and harassment.
Harassment is a serious issue in today's workplaces and can be quite costly for organizations. Ensuring you have a clear policy in place to address concerns and steps to try to resolve issues is a firm step to creating and maintaining a healthy workplace and avoiding legal turmoil.
Important details to cover in a harassment policy include:
- Statement of organization philosophy or policy that makes it clear harassment will not be tolerated
- Guidelines on the types of harassment (visual, verbal, physical, sexual)
- Scope (who is covered by the policy)
- Procedures for reporting and investigating harassment, and the responsibilities of employers and employees
Harassment - Big Sister and Big Brother Society of Edmonton and Area (PDF - 45KB)
Harassment - Norwood Child and Family Resource Centre (PDF - 36KB)
Harassment in the Workplace: Prevention, Protocols and Sanctions - National Organization (PDF - 75KB)
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Hiring - general
Policies and procedures about hiring are designed to provide guidelines for filling a vacant position with the right candidate. The hiring decision is a major investment by an organization and the policies around making this decision need to be clear.
Hiring policies need to comply with human rights legislation through anti-discriminatory practices.
Hiring policies can be presented in many different ways.
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Hiring - recruitment and selection
Policies on recruitment and selection outline how recruitment will be done and provide guidelines for the selection process.
Recruitment is the process of gathering a group of qualified applicants. It includes tasks like writing a job description and job postings, and going through the steps of posting it internally (e.g. bulletin boards, intranet, e-mail notification), externally (e.g. newspaper ads, temp agencies, internet), or both.
Selection is the process designed to determine the most qualified candidate from the group of applicants. It includes tasks like reviewing resumes, interviewing, work related testing, reference checks and the final employment offer.
From the words in a job posting to the questions asked during an interview, it is necessary to be objective and to focus on the requirements of the job in order to avoid discriminatory practices. Consult applicable human rights legislation to ensure your recruitment and selection process complies with it.
Recruitment - Community Living Upper Ottawa Valley (PDF - 39KB)
Recruitment and Selection - United Way of Alberta Capital Region (PDF - 38KB)
Selection - Community Living Upper Ottawa Valley (PDF - 33KB)
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Hiring - offer of employment
The offer letter begins the employment relationship and it is a good place to include the terms and conditions of employment.
An offer letter may include details on the start date, vacation and benefits entitlement, hours of work and overtime, whether the position is temporary or permanent (if short term include the last day of work) and probationary period. A fixed term contract should include the date on which it ends. Often the employee accepts an offer by signing the letter and it is placed in the employee personnel file.
Ensure that the offer letter is consistent with your policies and procedures, and compliant with applicable employment standards legislation.
Ensure that no oral promises have been made that are not covered in the offer letter. |
Confirmation of Employment - Volunteer Calgary (PDF - 34KB)
Employment Contract - Community Living Upper Ottawa Valley (PDF - 38KB)
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Hiring - probation
A period of probation:
- Allows for the process of conducting reviews and assessing employee performance prior to granting full employee status
- Can help avoid future problems by finding out early on if the person and the job aren't a good fit
- Is for a specific amount of time (it may include guidelines around possible extensions)
The probationary period as outlined in your organization's policies should be stated in the letter of offer. The policy on probation may address performance reviews, details of communication, eligibility for benefits, the possibility of extending the probationary period, and termination. Termination during or at the end of the probationary period must be in compliance with employment legislation.
All jurisdictions allow for a period of time at the beginning of employment when no notice of termination is required. However, if an organization has a probationary period that exceeds this period of time, notice or payment in lieu of notice is required. For example, in British Columbia, notice of termination is required after three months. Therefore an employer who decides to terminate an employee at the end of a six-month probationary period will have to give notice or payment in lieu in accordance with British Columbia employment standards.
It is important to sit down with the new hire to explain the details of the probationary period and to discuss expectations.
Probation - National Organization (PDF - 39KB)
Probation & Continuing Appointment - Canadian Interuniversity Sport (PDF - 32KB)
Probationary Period - Big Sisters Big Brothers of Edmonton and Area (PDF - 35KB)
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Hiring - orientation
An effective orientation can have positive results for the organization. Orientation helps the new hire understand what the organization is all about and what the expectations are for her/him.
Policies on orientation provide guidelines for welcoming new employees and providing them with information about job requirements, the organization, the people, and workplace policies and procedures.
Orientation - Big Sisters Big Brothers of Edmonton and Area (PDF - 33KB)
Orientation and Training - Volunteer Calgary (PDF - 31KB)
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Hiring - employment of relatives
A policy on the employment of relatives provides a useful framework for avoiding awkward and potentially difficult work situations.
The policy can be simple and straightforward. It often states whether hiring relatives is permitted or not. If hiring relatives is permitted, the policy sets out guidelines such as stipulating that an employee cannot be directly supervised by an immediate relative.
Employment of Family Members - National Organization (PDF - 38KB)
Employment of Relatives - Community Living Upper Ottawa Valley (PDF - 29KB)
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Hiring - filling of temporarily vacant positions
Temporarily vacant positions can arise when an employee takes a leave of absence (e.g. parental leave). During this time the organization must fill the position until the employee is scheduled to return.
Polices define a temporarily vacant position and provide guidelines on how it will be filled (e.g., internal transfer or temporary external hire).
Filling of Temporarily Vacant Positions - Community Living Upper Ottawa Valley (PDF - 29KB)
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Holidays
Statutory or public holidays are days the government (federal and/or provincial) has designated as paid days off. Much of the content of your policy will be based directly on the law.
In addition to identifying statutory holidays, most legislation also governs:
- How holidays which fall on a regular day off are to be handled
- The rate of pay that must be paid to those who work the holiday
- How to calculate holiday pay for part-time employees
It is important to note that in most jurisdictions part-time employees are entitled to holiday pay whether or not the holiday falls on their usual work day. Your policy should identify the holidays that are provided by law and any other holidays that your organization gives such as Remembrance Day or Easter Monday (if these days are not legislated in your jurisdiction). In all provinces and territories statutory holidays include two holidays based in the Christian faith: Christmas and Good Friday. As Canada has become more diverse, most jurisdictions, through their human rights legislation have made employers responsible for accommodating the religious holidays of other faiths within appropriate guidelines.
For example, in Ontario, an employer has a duty to accommodate an employee who practices another faith with two days of religious holidays - the same number of Christian-based holidays as provide for in the employment standards. These days are in addition to the statutory holidays legislated by the province. If an organization gives its employees Easter Monday as a holiday, making three Christian-based holidays, then the duty to accommodate an employee of another faith would be three days. In this example, the onus is on the employee to request the religious accommodation.
The human rights legislation and the duty to accommodate religious holidays in the workplace are continuously evolving. Review the human rights legislation for your jurisdiction to ensure that your organization is complying with the current laws.
Holidays - Kidney Foundation of Canada (PDF - 34KB)
Statutory Holidays - BC Organization (PDF - 28KB)
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Hours of work
Most organizations are open for business for set hours each day that provide some parameter for the hours of work. However, many organizations provide some flexibility around start and finish times so it is important to clearly state your organization's requirement for the work week.
Your policy on hours of work should state:
- The number of hours full-time employees are required to work: this is often express in hours per week
- The length of the lunch break
- The length of other breaks if provided
Employment standards in most jurisdictions will state the minimum requirement for lunch breaks and how often employees must be given a break. Your organization may choose to provide more than these minimums.
Attendance - BC Organization (PDF - 28KB)
Hours of Work - Habitat for Humanity (PDF - 29KB)
Hours of Work - Volunteer Calgary (PDF - 30KB)
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Overtime
The law in each province and territory sets a standard work week, which establishes the point at which employees are to be paid at an overtime rate. The laws vary in their definition of the standard work week, and the overtime rate. Prior to establishing an overtime policy, review the employment standards requirements for your province.
Issues to be addressed by your overtime policy include:
- Who is eligible? In most jurisdictions, employers are not required by law to pay managers for overtime. However, your organization may choose to do so. It is important to note that simply calling an employee a manager does not make them a manager in the eyes of the law. Check the employment standards for your jurisdiction to find out how a manager is defined - it usually includes spending a substantial amount of the workday overseeing the work of other employees.
- What conditions apply? Can employees work extra hours if they feel it is necessary or is prior approval by the executive director required?
- How will employees be compensated? Once an employee works overtime as defined in the employment standards for your jurisdiction, how the employee is compensated is clear. It is usually either time off in lieu or payment; both of these at the rate specified in the legislation. The employee usually makes the choice of time off or payment. In organization with a short work week (shorter than the standard work week as defined by employment standards) employees may work overtime, that is more hours than your organization workweek, but compensating these overtime hours may not be covered by employment standards. Your policy on overtime should cover this grey area if it exists. Will employees be compensated at a rate of one hour for each hour worked, or time and one half for each hour worked? Will employees be given the choice of how they want to be compensated - of time off in lieu or payment?
Your organization's overtime policy must comply with legislation; provide your organization with the flexibility to get work done in special circumstances; and, fit within your budgetary constraints.
Overtime - Canadian Interuniversity Sport (PDF - 38KB)
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Internet and e-mail use
Computers and the internet have changed the way we work and communicate. One of the results is an increase in policies that outline general principles and philosophies, clarify boundaries of acceptable practices for the employee and encourage responsible use. Policies may cover the use of the computer (possible offsite, personal use) security issues, guidelines for internet and e-mail, and the right to monitor employee use.
When creating an internet use policy, address the following issues:
- Whether employees are allowed to browse the web for personal use as well as business purposes
- When employees can use the web for personal use (lunch hours, after-hours, etc.)
- If and how the organization monitors web use and what level of privacy employees can expect
- Web activity that is not allowed. Spell out unacceptable behaviour in detail. In many workplaces this includes downloading offensive content, threatening or violent behaviour, illegal activities, commercial solicitations (non-business related)
Provide two copies of the policy to employees - one for them to keep and another for them to sign and return to you. Legislation is developing quickly in this area so it is a good idea to stay informed on changes and comments by the Privacy Commissioner of Canada.
Rules of Conduct Regarding Computer Use - National Organization (PDF - 41KB)
Electronic Equipment - Big Sister and Big Brother Society of Edmonton and Area (PDF - 36KB)
Use of Society Property - National Organization (PDF - 39KB)
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Job evaluation
Job evaluation is a process for assessing jobs to ensure equitable and defensible compensation structures. Job evaluation starts with a comprehensive analysis of the tasks, responsibilities, knowledge and skill requirements, and so forth. This analysis can also contribute to effective job design by establishing the organizational context and value of the job, and to hiring and promotion processes by providing job analysis on skill and competencies required to successfully meet job requirements. While contributing to job design and staffing processes, it is important to reinforce that job evaluation is an evaluation of the position and not the incumbent in the position.
- The job evaluation approach or system the organizations will use to evaluate all jobs
- The process that will be used to evaluate jobs
- The expected outcomes of job evaluation (in a unionized organization the policy and approach to job evaluation may be stipulated in the collective agreement)
Legal requirements for job evaluation
While establishing a job evaluation policy and procedure is not a legal requirement, job evaluation is an effective tool organizations use in meeting requirements of pay equity legislation. Furthermore, provincial human rights codes require employers to treat employees equitably and fairly, without discrimination. A comprehensive job evaluation policy and process can serve to both ensure, and demonstrate, objective and fair decision-making regarding compensation structures, staffing and promotion.
Job evaluation systems
There are a number of job evaluation approaches or systems that organizations can use to evaluate jobs. In order to ensure equity, transparency and process efficiency, organizations should choose one approach or system for job evaluation and apply it to all jobs in the organization.
Approaches or systems to job evaluation include:
- Job content evaluation
- Ranking
- Classification
- Factor comparison
- Point factor method
In choosing an approach to job evaluation, organizations need to consider the costs associated with each method, the ability of the organization to access all the information required for the method, and the value derived from a simple versus a complex system.
It may be prudent to involve a job evaluation specialist in helping to determine the most appropriate method for your organization, and in the initial setting up of the job evaluation system.
Job evaluation process
Regardless of the approach or system used for job evaluation, the process for job evaluation should be clearly established and designed to ensure transparency and objectivity in job evaluation. The job evaluation process may include:
- Training in the selected job evaluation system
- Writing and updating job descriptions: job evaluation needs to be based on current up to date job descriptions
- Identifying the relevant documents to be used in the evaluation process should be identified, collected and available at the time of the job evaluation; in addition to job descriptions, documents could include organization charts, benchmark or comparison job descriptions
- Outlining the steps in the actual evaluation: these will be largely dictated by the job evaluation system or approach used by the organization
- Identifying who conducts the job evaluation: the use of a job evaluation committee adds objectivity and transparency to the process; there are also specialists that will conduct job evaluation on behalf of the organization, but this is an expensive option beyond the funds of many voluntary sector organizations
- Developing a employee appeal process
Outcomes of job evaluation
The job evaluation policy should identify the expected outcomes of the job evaluation process. Results of a job evaluation process can be used for:
- Establishing a salary range for a new position
- Creating of a position hierarchy in the organization
- Salary increases and/or promotion of an employee in the position
- Reclassifying the position to a higher or lower grade with or without a change in salary of the position incumbent
Note: reducing an employee's salary can be considered constructive dismissal - an alternative is to red-circle (freeze) or green circle (limit increases to cost of living increases) an employee's base salary to accommodate a change in salary range - Confirming that positions are properly classified
Job Evaluation - National Organization (PDF - 48KB)
Job Evaluation - Youth Organization (PDF - 29KB)
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Leaves - bereavement and compassionate leave
Many jurisdictions set minimum requirements for unpaid bereavement and compassionate leave. Some require a number of days to be paid. Employers may go beyond the minimum requirement by offering additional days or paid time off for employees to deal with the loss of a family member.
Compassionate Leave - Alberta Organization (PDF - 29KB)
Compassionate/Bereavement Leave - YWCA Yellowknife (PDF - 28KB)
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Leaves - general leave, professional development and educational leave
There is no legislation that applies to general leaves (leaves for unspecified purposes) or leaves for the purposes of professional development or education. This is an additional benefit (paid or unpaid leave) that can be introduced to serve the values and purpose of the organization and to meet employees' needs. If your organization can support these policies it is an excellent way to attract, retain and develop great people.
Generally, policies of this nature cover:
- The purpose of the policy
- Criteria to qualify for the leave
- Responsibilities of the employee and employer during a leave
- Covering of costs (depending on the nature of the leave and funding)
Education Leave - YWCA Yellowknife (PDF - 29KB)
Leaves of Absence Without Pay - Alberta Organization (PDF - 28KB)
Other Unpaid Leave - YWCA Yellowknife (PDF - 29KB)
Professional Development - Alberta Organization (PDF - 28KB)
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Leaves - jury and witness duty
Most jurisdictions across the country have laws that protect the jobs of employees who must be absent from work to serve on a jury. So jurisdictions also protect an employee who is called as a witness. These requirements are unique to each jurisdiction. They may be included in the "Jury Act" or in employment standards.
Jury/ Witness Duty - YWCA Yellowknife (PDF - 29KB)
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Leaves - maternity leave, parental and adoption leave
Legislated requirements for maternity leave, parental leave and adoption leave are aimed at ensuring that biological and adoptive parents have access to time off to have and care for a new child, and to assure that they can go back to the same job or a comparable position when the leave is over.
Most provinces and territories have fact sheets about maternity and parental/adoption leave.
All jurisdictions set minimum requirements for the duration of maternity leave and parental/adoption leave. Maternity leave is usually 17 or 18 weeks; some provinces and territories allow for extended maternity leave when there are medical complications. Parental/adoption leave is usually 35 weeks.
Minimum standards laws also set out a variety of rules that employers' leave policies and practices must respect - for example, criteria that establish employees' eligibility for leave, notice requirements and rules about continuing benefit coverage during the leave.
Employees can apply to receive Employment Insurance benefits while they are on maternity leave or parental/adoption leave.
Employers may top up the EI payments to make up some or all of the difference between the EI benefit and the employee's regular salary.
Maternity/Parental Leave - YWCA Yellowknife (PDF - 37KB)
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Leaves - sick and personal leave
To address the issue of occasional absence from work due to illness, many organizations grant employees a limited number of days per year often referred to as sick days. A policy on sick/personal leave may include:
- Purpose of the leave
- How time is accrued
- Conditions for claiming sick or personal leave
- A maximum number of days which can be taken
- What happens with unused leave time
Considerations when developing a sick and personal leave policy include:
- Employment standards in some jurisdictions have requirements for unpaid sick leave
- Paid sick leave is an optional benefit employers may grant to employees
- Some people believe that abuse of sick leave is reduced by requiring a note from a medical practitioner
- Some organizations pay employees for unused sick days. Others grant wellness days in place of sick days or for unused sick days
- Some organizations grant each employee "personal time off". These days can be used for personal responsibilities, family obligations, illness, or any other purpose. Typically, no explanation is necessary and a note from a medical practitioner is not needed
- Some jurisdictions have minimum standards for unpaid family responsibility or emergencies
- The priorities and values of your organization should be reflected in a sick/personal leave
- Arrangements to deal with short-term and long-term disability may complement sick leave
Sick Leave - YWCA Yellowknife (PDF - 31KB)
Sick Leave - Nova Scotia Organization (PDF - 28KB)
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Leaves - time off to vote
The Election Act in each province and territory require that employers give employees time off if they would otherwise not have time to vote. In most jurisdictions, employees must have 3 consecutive hours away from work while the polls are open. Exceptions: 2 hours in Nunavut; 1 hour in PEI; 4 hours in BC and Quebec. Note: These requirements could change. Be sure that your policy complies with current laws in your province or territory.
Voting Day Leave - YWCA Yellowknife (PDF - 28KB)
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Occupational health and safety
Occupational Safety and Health (OSH) policies express an organization's commitment to a safe and healthy workplace. OSH policies set the context for practices and behaviour aimed at preventing injury and disease and promoting good health. OSH policies are also the framework for dealing with health and safety issues that do arise in the workplace and they help organizations comply with legal requirements.
Workplace policies and practices must comply with applicable Occupational Health and Safety laws and regulations and with Workers' Compensation laws and regulations, which deal with compensation for accidents and disease.
The Canadian Centre for Occupational Health and Safety (CCOHS) website is a rich resource:
- A searchable section under "OSH Answers"
- Contact information for government departments and agencies in all jurisdictions
- Updates on changes to legislation, program ideas and current OSH news items
Employers and employees share responsibilities for making sure work environments are healthy and safe. Encourage everyone in your workplace to be accountable for health and safety. Invite employees to work on developing and implementing your OSH policy and programs. Review your policy regularly and be vigilant about implementing it. Make sure that everyone understands the policy and their responsibilities. Post OSH information in visible areas.
Here are some key elements to cover in an OSH policy:
- Individual responsibilities
- Workplace rules and procedures
- Employee orientation and training
- Workplace inspections (preventive action)
- Reporting and investigating accidents and health and safety incidents
- Emergency procedures, medical and first aid
- Health and safety committee (required in most provinces and territories in workplaces with a specified minimum number of employees)
- Employees' right to refuse to work without fear of reprisal if they believe it is unsafe for themselves or someone else. Legislation provides guidelines on specific rights, procedures, and penalties for non- compliance
Your OSH policy must be specific to your workplace. It needs to deal with any unique workplace issues. Here is a sample list of issues and some ideas about how they can be addressed:
Smoking and scents
A policy prohibiting or restricting smoking can be part of a health promotion initiative in your office. This promotion may include support for smoke cessation programs. The increasing prevalence of sensitivities to fragrances and allergies may trigger a need in your workplace for a scent free policy.
Workplace violence
Some workplaces and work situations are at higher risk than others. The CCOHS website covers workplace violence in detail.
Working alone
No jurisdiction prohibits working alone. Some jurisdictions have specific legislated guidelines on working alone - for example, working at a worksite where assistance in case of emergency or illness is not readily available. Consult applicable OSH legislation for more details.
Blood borne pathogens
This policy usually addresses precautions to be taken to ensure protection from the spread of blood borne pathogens such as HIV. Often it is written as universal precautions - treat anything as if it were infected without individual discrimination.
Substance abuse
Substance abuse can impair work performance and increase absenteeism and the likelihood of accidents. The website for the Canadian Centre for Substance Abuse has current information on pre-employment testing, employer and employee rights and the application of human rights legislation.
Alcohol and Drug Abuse Policy - National Organization (PDF - 39KB)
Blood Borne Pathogens - Nova Scotia Organization (PDF - 29KB)
Environmental Sensitivities - Nova Scotia Organization (PDF - 33KB)
Health and Safety at Work - Food Bank (PDF - 87KB)
Security and Violence in the Workplace - YWCA Yellowknife (PDF - 28KB)
Smoking in the Workplace - YWCA Yellowknife (PDF - 27KB)
Workplace Violence: Prevention, Protocols and Sanctions - National Organization (PDF - 64KB)
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Pay administration
Employment standards in each jurisdiction provide guidelines about pay administration. Your pay administration policy must comply with these guidelines.
In a policy about how employees are paid it is important to state:
- The frequency they will get paid (for example, bi-weekly or monthly)
- Information on deductions (Employment Insurance, CPP, benefit premiums, etc.)
- The method of payment (for example, cheque or direct deposit)
The policy may mention where employees can direct concerns about pay. And it may include details about pay advances.
Administration of Pay - Big Sister and Big Brother Society of Edmonton and Area (PDF - 39KB)
Pay Distribution - Community Living Upper Ottawa Valley (PDF - 28KB)
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Performance management
Employee performance management is an integral part of overall organization management. It should relate employee work performance and achievements to the operational and strategic performance of the organization. While historically the focus of performance management was on past performance, often used for the sole purpose of compensation decisions, today best practice performance management focuses on on-going employee performance improvement and professional development.
Legal requirement for performance management
While establishing a performance management policy and procedure is not a legal requirement, human rights legislation require employers to treat employees equitably and fairly, without discrimination. A well-designed, documented and implemented performance management policy and process can serve to both ensure, and demonstrate, objective and fair decision-making regarding compensation, promotion, disciplinary action and termination (refer to Discipline and Termination).
Elements of employee performance management
There are a number of elements of performance management that organizations should focus on when establishing an employee performance management policy and process. These elements include:
Alignment of employee performance objectives to organizational goals
- While job descriptions establish the activities that need to get done in order to deliver the services of the organization, performance objectives define the qualitative and quantitative standards for each of the key activities. Employees at all levels in the organization should be able to clearly understand how their job activities and the level of their performance directly contribute to the success of the organization
Supervisor - employee collaboration
- Employee performance management provides an opportunity to build trust and foster constructive and productive working relationships, particularly between employees and their supervisors. A performance management process that encourages collaboration in setting performance objectives and evaluation results is more effective in motivating employees than a top-down process.
Cycles of performance management
- Most organizations establish an annual performance management cycle, however, it may be more appropriate for the organization as a whole, or specific functions within the organization to have shorter (perhaps project based) performance management cycles. Regardless of the length of the performance management cycle, it should encompass the following steps:
Performance planning - Typically a collaborative process between supervisors and employees, reviewing the job activities and establishing performance standards and expected results; the performance plan should be documented, including any training or development plans required by the employee to meet job performance objectives.
Performance feedback - Informal feedback should be on-going; there should be periodic formal feedback prior to the final performance appraisal (particularly in long performance cycles, such as annual).
Performance management - In addition to providing feedback, supervisors should be providing coaching and other resources to assist employees who are not achieving performance standards. Employees who are unable to meet performance standards over the long term (after training and coaching) may be placed on probation, offered a more appropriate role for their competencies, or terminated(refer to Discipline and Termination). Any change of position must be fairly negotiated with the employee to avoid any claim of constructive dismissal.
Performance appraisal - A formal performance appraisal should be conducted at the end of the performance management cycle. The performance appraisal should be conducted in a one-on-one meeting with opportunity for discussion regarding performance achievement. The performance appraisal should be documented and kept in the employee file.
Performance appraisal ratings and forms
- Organizations usually establish appraisal ratings to indicate the level of performance achieved by employees. The current trend is to simplify rating scales and move away from numeric scales to words descriptive of performance.
- The value of a rating system is that it provides a clear indicator to the employee of the level of his or her performance achievement. However, over-focus on the performance rating minimizes the value of the on-going performance development of the employee.
- The conversation on all aspects of the performances should be emphasized over and above communicating a rating, and should focus primarily on future performance versus employee mistakes and past performance.
- An appraisal form contributes to consistency in performance feedback and management in the organization, and ensures performance management activities are properly documented. Forms should be kept as simple and clear as possible - the more complex the form the more opportunity for misunderstanding and miscommunication.
While performance results are often the key criteria for making compensation decisions, best practice organizations separate the two conversations to maintain a focus on performance excellence.
Performance Evaluation - National Office (PDF - 38KB)
Performance Review - Community Foundation of Ottawa (PDF - 36KB)
Performance Review - Youth Organization (PDF - 44KB)
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Professional development
Providing employees with training and development opportunities not only contributes to the quality and effectiveness of your organization it also serves to motivate and retain employees.
Professional development should address both organizational needs (the competencies required to achieve organizational goals and objectives) and individual needs (the competencies employees require to do their job), and reflect the organization's overall philosophy on learning. Furthermore, when establishing an employee development policy you need to consider both the financial and human resource capacity of your organization to support employee training and development.
Financial capacity
Are funds available to cover the cost of training and development? It's important to ensure that available funding is set aside for training. It's also important to consider how the funds will be allocated, whether on a first-come first-serve basis, with a set amount per employee, training inline with organizational priorities, or a combination thereof.
In an organization where training and development is being used as a key motivation and retention tool, transparency of approval process and distribution of funds is critical. Organizations should ensure that the process prevents funds from being exhausted early in the year, and thus penalizing employees who want access to training and development programs that are not available until the latter half of the year.
HR capacity
Will the organization be able to cover all operational needs of the organization while employees are involved in training and development activities?
- The number of training days a year an employee may take
- The positions that must be covered off during regular business hours (therefore, which, and how many, employees may be on training at any one time)
Training and development options
Additionally, organizations should determine the types of training and development they are willing to support. Types of training and development include:
- Job specific training - training and development that increases employee skills and abilities to meet the requirements of the current position
- Career development - training and development that build employee competencies to prepare them for future positions
- Educational development - courses through a credited educational institution (often a separate policy is established to deal with educational leave and tuition)
Furthermore, training and development can be on-the-job (informal) or formal training programs. On-the-job training and development includes activities such as:
- Peer or supervisor coaching on particular job-related skills
- Mentoring, with an internal or external mentor on job and career related skills and abilities
- Job rotation
- Job shadowing
- Cross training
- "Acting" responsibilities when superiors are away
Formal training includes professional development programs, such as:
- Classroom training
- Online training
- Video training
- Conferences and seminars
Staff Development Policy - Community Foundation of Ottawa (PDF - 34KB)
Staff Development - Youth Organization (PDF - 38KB)
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Privacy Policy
A policy helps an organization to balance its need to collect, use and disclose personal information about its employees with their right to privacy.
Canada has two federal privacy laws:
The Privacy Act
The Privacy Act obliges 150 federal government departments and agencies to respect privacy rights by limiting the collection, use and disclosure of personal information. Individuals can access and request correction of personal information about themselves held by these federal government organizations.
Personal Information Protection and Electronic Documents Act (PIPEDA)
PIPEDA defines how private sector organizations may collect, use or disclose personal information during commercial activities. Individuals can access and request correction of the personal information these organizations may have collected about them.
Office of the Privacy Commissioner of Canada Information from the Privacy Commissioner of Canada on privacy in the workplace.
Information from the Privacy Commissioner of Canada on the application of the Personal Information Protection and Electronic Documents Act A PDF guide prepared by Imagine Canada on privacy legislation for fundraising professionals and non-profit organizations in Canada.
Information from the Privacy Commissioner of Canada on the application of the Personal Information Protection and Electronic Documents Act to employee records.
Detailed information from the Privacy Commissioner of Canada on how to develop and implement a privacy policy. |
Recognition and reward
A well-designed recognition and reward policy, that creates a work environment where employees feel appreciated for their efforts and contribution, serves to attract, retain and motivate employees.
Establishing your policy and process
When establishing your policy and process, consider the following aspects of recognition and reward:
Recognition and reward should be aligned to organization values
Clearly identify what you want to reward, such as:
- Ongoing excellence in performance
- Performance over and above job requirements
- Client compliments on service
- Outstanding one-time achievement
- Contribution to team effectiveness
Recognition and reward should become part of the organization's culture
How will you foster informal and formal recognition and reward?
- Encourage supervisors and peers to say thank you - one of the easiest and most underused recognition tools
- Encourage informal recognition on the job, at meetings, etc.
- Establish formal recognition programs, based on a specific organizational goal or value
Determine the most effective types of recognition and reward.
- Recognition is as simple as saying thank-you or as elaborate as a formal presentation at a company event
- Ask employees what kinds of rewards they would appreciate (within the limits of the organization's budget) - possibly provide a "suite" of rewards that employees can choose from
- Rewards can be cash or non-cash
- Establish a budget for rewards (preferably allocated quarterly, so achievement early in the year doesn't get over-rewarded compared to achievement late in the year)
Who makes the recognition and reward decision? And how?
- Organizations usually encourage informal recognition to be given by anyone at any level in the company, peer-to-peer, supervisor-to-subordinate, subordinate-to-supervisor, etc.
- In order to manage costs and ensure equitable and objective decision making, organizations should establish specific processes for nominating and awarding individuals or teams for rewards; nominations can also be peer-to-peer, supervisor-to-subordinate, subordinate-to-supervisor, etc. but final approval, particularly for rewards of significant value, is usually done by a reward and recognition committee or senior management.
Rewards and tax implications
Rewards with a monetary value may be considered a taxable benefit by the Canada Revenue Agency. Your organization needs to decide if you will top-u" the reward to mitigate tax implications, or not. In either case, you need to inform employees when the rewards they receive are taxable benefits.
Rewards & Recognition Plan - Community Foundation of Ottawa (PDF - 46KB)
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Retirement
Employment standards laws do not specify a retirement age.
Human rights laws generally prohibit discrimination based on age. In some provinces and territories this protection is deemed to prohibit mandatory retirement. In others, employers can require employers to retire at a specified age (usually 65). Make sure to review your province or territory's human rights provisions on mandatory retirement. And be sure to consult the Human rights legislation in your province or territory to make sure your retirement policy complies with it.
Retirement - Volunteer Calgary (PDF - 34KB)
Retirement - Canadian Interuniversity Sport (PDF - 27KB)
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Termination
Employers have a basic right to terminate an employee, but along with that right, come responsibilities. Employers must comply with the Employment/Labour Standards and human rights legislation for their jurisdiction and beyond that, employers must treat employees fairly and in good faith as defined by common law or civil law (Québec).
All jurisdictions have minimum standards for periods of notice required for termination without cause, and requirements for compensation in lieu of notice. A poorly handled termination can lead to legal action; therefore it is wise to consult a lawyer before terminating an employee for whatever the reasons.
Important terms
Termination with cause puts the onus on the employer to show that an act by an employee could seriously impact the organization.
Termination without cause usually requires advance notice and/or compensation be given to the employee. In the voluntary and non-profit sector, termination without cause is often the result of restructuring the organization or changes in funding.
Wrongful dismissal is a legal claim about the cause or notice given to the employee when they are terminated. Constructive dismissal is when there is a significant change in the employment relationship, for example, the employer significantly reduces an employee's salary or makes a significant change to an employee's work location, hours of work, authority or position (without the employee being separated from the organization). You want to avoid both of these.
Discipline and Termination - Volunteer Calgary (PDF - 42KB)
Termination/Resignation - Norwood Child & Family Resource Centre (PDF 41KB)
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Vacation
Vacation is annual paid time off for employees. All jurisdictions have minimum standards for paid vacation and your policy needs to be consistent with the applicable law. Your policy may exceed the minimum standards allowed in the law.
Vacation policies tend to cover:
- Employee's eligibility for vacation with pay
- Length of vacation (typically longer with more years of service)
- How vacation time can be taken (all at once, one week at a time, etc)
- Vacation pay (how much, and when employees receive it)
- Scheduling vacations
- Accrued vacation time (whether employees must take it within the year, or if carryover is permitted)
Accrued vacation time can easily get out of hand, requiring large payouts. Therefore some organization limit the number of days of vacation an employee can carry over to the next fiscal year. Instead employees are encouraged to take their vacation in the year in which it is earned. In an organization with a diverse staff, accrued vacation needs to be given careful consideration. From an organizational point of view it may seem reasonable to limit the amount of vacation time accrued, but what if your employees want to visit family during their vacation and that means international travel. The option of accruing enough time to make expensive travel feasible may be the vacation policy that is best for your employees.
Vacation - Association of Neighbourhood Houses of Greater Vancouver (PDF 94KB)
Vacation - Kidney Foundation of Canada (PDF - 29KB)
Vacation - Habitat for Humanity Canada (PDF - 32KB)
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Whistleblower
A whistleblower is an employee, former employee, or member of an organization who reports misconduct to people or entities that can take corrective action. Awhistleblower policy is important because whistleblowers may be ostracized by their co-workers, discriminated against by future potential employers, or even fired from their organization. A whistleblower policy is needed to protect whistleblowers from this type of workplace bullying.
Whistleblower Policy - National Council of Nonprofit Associations
Whistleblower Policy - Treasury Board Secretariat
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Workplace diversity
A policy on workplace diversity:
- Makes a commitment to anti-discriminatory practices and fosters equal opportunity through the removal of systemic barriers
- Can reinforce compliance with human rights legislation
- Is a statement of an organization's values
A comprehensive diversity policy development kit and other helpful resources are available from the Canadian Council for International Co-operation
Diversity Management - YWCA Yellowknife (PDF - 28KB)
Employment Diversity - Volunteer Calgary (PDF - 29KB)
Social Justice and Diversity Policy - National Organization (PDF - 49KB)
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Next Section: Employment Legislation & Standards
