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ARTICLE 19:  LEAVE WITHOUT PAY

19.01

  1. Subject to Articles 9 and 29 and Clause 19.02, a teacher employed by a School Board may, upon request, be granted leave without pay for reasons deemed valid by the School Board; and on the teacher’s return shall be given a comparable position in the same school, unless it is mutually agreed between the teacher and the School Board that the teacher return to a particular position.
  2. Notwithstanding Clause 19.01(a), on return from a period of leave, a teacher employed in a teaching and learning assistant position shall only be returned to a teaching and learning assistant position.

19.02 

  1. Subject to Article 9 and Clause 19.04, a teacher who has been granted leave under this Article for a period of leave that commences and terminates during the same school year shall be returned to the same teaching position upon the expiration of such leave, unless it is mutually agreed between the School Board and the teacher that the teacher return to a particular position.
  2. Notwithstanding Clause 19.02(a), on return from a period of leave that commences and terminates during the same school year, a teacher employed in a teaching and learning assistant position shall only be returned to a teaching and learning assistant position.

19.03 Leave approved under this Article for the purpose of upgrading teacher qualifications and/or experience shall be credited as teaching experience for purposes of seniority and salary increments.

19.04 Subject to Article 9, a teacher, elected to serve in the Provincial House of Assembly or the House of Commons shall be granted leave without pay to serve one (1) elected term of office and upon return shall be guaranteed at the beginning of the subsequent school year (unless otherwise agreed between the teacher and the School Board) a position with the School Board. In the event that the teacher is elected for a second consecutive term of office, the teacher may be required to resign from the School Board.

19.05 Subject to Article 9 and Clause 19.01, upon request, a teacher shall be granted leave without pay for a period of up to thirty-nine (39) weeks while school is in session for the purpose of providing temporary care or support for a family member who is gravely ill with a significant risk of death. Medical proof of the need for care or support and risk of death may be required by the School Board. Teachers, while on approved leave granted under this Clause, shall continue to accumulate service for the purpose of seniority and pension in accordance with the Teachers’ Pension Act. 

19.06 Subject to Article 9 and Clause 19.01, upon request, a teacher shall be granted leave without pay for a period of up to thirty-nine (39) weeks while school is in session for the purpose of providing care or support for their critically ill or injured child. Medical proof of the critical illness or injury and the need for care or support may be required by the School Board. Teachers, while on approved leave granted under this Clause, shall continue to accumulate service for the purpose of seniority and pension in accordance with the Teachers’ Pensions Act. 

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