ARTICLE 27 – SICK LEAVE

27.01 A teacher is eligible for sick leave with pay when that teacher is unable to perform his/her duties because of illness, injury or other disability, provided that teacher has accumulated the necessary sick leave credits and provided that teacher has complied with the other requirements of this Article.

27.02

(a) A teacher, who has teaching experience in the province prior to September 1, 2006, shall be entitled to paid sick leave according to the following scale:

(b) Notwithstanding Clause 27.02 (a), effective September 1, 2006, a teacher who has no previous teaching experience in the Province is entitled to accrue sick leave at the rate of twelve (12) days per year of service. 

(c) Effective September 1, 2006, the maximum number of days of sick leave which may be awarded to a teacher who has no previous teaching experience in the province during any consecutive twenty (20) year period of service shall not exceed two hundred and forty (240) days.

(d) Effective September 1, 2006, a teacher who has no previous teaching experience in the Province may anticipate sick leave to the end of the period of the teacher’s contract of employment or to the end of the year concerned, whichever is the shorter period.

(e) The parties agree that sick leave earned prior to superannuation or resignation is liquidated upon superannuation or resignation. Teachers who are accepted for employment with another School Board or the same School Board within one hundred and twenty (120) calendar days of resignation shall retain access to sick leave earned prior to resignation.

27.03

(a) The maximum amount of sick leave to which a teacher, who has teaching experience in the province prior to September 1, 2006, may be entitled at any time shall be calculated by working back for the past four (4) years and deducting any days used during that four (4) year period, except that a teacher with nine (9) or more years of teaching service who uses all sick leave days shall be entitled to the following number of days sick leave credit during each of the following (4) years:

(b) In any event, a teacher, who has teaching experience in the province prior to September 1, 2006, shall be entitled to not less than eighteen (18) days sick leave in any school year.

(c) The parties agree that sick leave earned prior to superannuation or resignation is liquidated upon superannuation or resignation. Teachers who are accepted for employment with another School Board or the same School Board within one hundred and twenty (120) calendar days of resignation shall retain access to sick leave earned prior to resignation.

27.04 Sick leave with pay in excess of four (4) consecutive teaching days at any time or seven (7) teaching days in the aggregate in any school year shall not be awarded to a teacher unless a medical certificate satisfactory to the School Board has been submitted in respect thereof. In any case, where the School Board is satisfied that it is not possible for the teacher concerned to secure a medical certificate, a certificate of another health care professional, such as a registered nurse, or any other person designated by the School Board shall be accepted in place of a medical certificate, provided the certificate is satisfactory to the School Board.

27.05 In calculating the sick leave days of a teacher in accordance with Clause 27.02, the years during which a teacher served as any of the following shall be deemed to be years of service as a teacher:

(a) a professional officer of the Department of Education; and/or

(b) President of the Newfoundland and Labrador Teachers’ Association; and/or

(c) President of the Canadian Teachers’ Federation; and/or

(d) an Administrative Staff Officer of the Newfoundland and Labrador School Boards Association; and/or

(e) a faculty member of Memorial University; and/or

(f) a teacher in a Government school, Wabush, Labrador City, Churchill Falls, Conne River; and/or

(g) an Administrative Staff Officer of the Newfoundland and Labrador Teachers’ Association; and/or

(h) a District Director or an Associate Director or an Assistant Director, or an Education Officer; and/or

(i) a teacher with the College of the North Atlantic and predecessor organizations, the Institute of Fisheries and Marine Technology , a Community College, and/or a District Vocational School; and/or

(j) related service done in an institution as a specialist teacher approved for this purpose by the Minister; and/or

(k) as a teacher in an adult education institution approved by the Minister.

27.06 The provisions of this Article shall apply to a teacher who is under contract and who is unable to commence duties due to sickness, injury or incapacity.

27.07 A teacher who develops a major illness shall be entitled to the benefits covered by this Article where:

(a) he/she is undergoing full-time training as a teacher at a university; and

(b) he/she holds a teachers’ certificate or license; and

(c) he/she has immediately before commencing such training served as a teacher for a period of not less than one (1) year; and

(d) illness requires him/her to withdraw from university without commencing or completing his/her semester’s work.

27.08 A teacher whose entitlement to sick leave with pay under this Article has been exhausted, and whose illness requires further absence from work, shall be placed on sick leave without pay. Periods of time on sick leave without pay, both before and after the signing date of this Agreement, shall be considered time taught for the purposes of seniority and service time within the Pensions Legislation.

27.09 When a teacher is absent on sick leave and on that day the school is closed because of weather, or other such reason, and the teacher is not required to be in attendance, such day or days shall not be deducted from the teacher’s accumulated sick leave.

27.10

(a) For the purpose of Clause 27.02, for a teacher who has teaching experience in the province prior to September 1, 2006, ninety-seven and one-half (97.5) teaching days in any academic year shall constitute a year of service.

(b) For the purpose of Clause 27.02, in computing additional years of service for a teacher who has teaching experience in the province prior to September 1, 2006, the total days of service accumulated during years of less than ninety-seven and one-half (97.5) days shall be divided by the number of days in a school year as prescribed in Article 16 (Length of the School Year). This subtotal shall be added to the subtotal determined by Clause 27.10 and one‑half (½)  year or more shall be counted as a year, but a fraction of less than one‑half (½) shall not be counted.

(c) For the purposes of Clause 27.02, effective September 1, 2006, a teacher who has no previous teaching experience in the province shall be awarded sick leave on a prorata basis during an academic year in which the teacher accumulates less than 195 days service. Such sick leave to be rounded to the nearest half-day.

27.11 Subject to Articles 47 and 17, upon termination of leave under this Article, a teacher shall be returned to the same teaching position held immediately prior to the commencement of leave.

27.12

(a) A teacher who has not accumulated sufficient sick leave to cover a period of absence under this Article shall be granted upon request special sick leave up to fifteen (15) teaching days.

(b) Special sick leave granted shall be deducted from sick leave credits subsequently accumulated.

(c) A teacher who was granted special sick leave pursuant to Clause 27.12(a) shall, upon ceasing to be a teacher, compensate the Employer for special leave which has not been recovered under Clause 27.12(b) and the amount of compensation shall be calculated at the employee’s rate of remuneration in effect at the time the days were borrowed.

27.13 In the event that a teacher is required to obtain a medical certificate by the School Board in addition to the initial certificate provided, then the teacher shall not be required to incur any additional cost.

27.14 A teacher on extended sick leave with pay may be required by the Minister or the School Board to undergo a medical examination at any time provided the requirement is not unreasonable in terms of frequency or other circumstances.

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