ARTICLE 33 – SEVERANCE PAY
33.01
(a)
- A teacher who has one (1) or more years of continuous service as a teacher in the province as of March 31, 2018 is entitled to be paid severance pay equal to the amount obtained by multiplying the number of completed years of continuous employment as a teacher in the province by two percent (2%) of his/her annual salary in effect as of March 31, 2018, to a maximum of forty percent (40%) of his/her annual salary.
- Effective March 31, 2018, there shall be no further accumulation of service for severance pay purposes.
(b) A teacher’s continuous service shall not be deemed to be broken when: (1) on approved leave; (2) where the teacher leaves the employment of a board to further his/her education as a teacher and returns to a board on the commencement of the next school year after the completion of said education; or (3) where the teacher teaches at least twenty (20) days in any school year.
The twenty (20) days will be effective as of the beginning of a teacher’s career and will apply to those teachers who leave the employ of a School Board subject to Clause 33.01(a) or Clause 33.02 on or after September 1, 1982.
(c) Time spent on approved leave or furthering the teacher’s education shall not be considered as years of service in the computation of the percentage entitlement to severance pay; however, time taught under Clause 33.01(b)(3) will be considered service for Severance Pay purposes.
(d) In computing years of continuous service, the method as contained in Clause 23.04 shall be used.
33.02 A teacher who has resigned or retired may be re-employed if that teacher has been out of service as a teacher for a number of teaching days which is not less than the number of teaching days represented by the severance pay he/she received pursuant to Clause 33.01 above, or if that teacher refunds the appropriate proportionate part of such severance pay.
33.03 The severance pay which a teacher shall be paid for his/her total period of employment as a teacher and/or in the employ of the public service shall not exceed the maximum specified in Clause 33.01.
33.04 For the purpose of this Article, subject to Clause 33.01 (a)(ii), the year(s) during which a teacher served as any of the following shall be deemed to be years of service as a teacher:
(a) Professional Officer in the Department of Education and Early Childhood Development;
(b) a teacher in a Government school;
(c) a District Director or an Associate Director, Assistant Director, or Education Officer;
(d) a teacher in the College of the North Atlantic and predecessor organizations, the Institute of Fisheries and Marine Technology, a Community College, or District Vocational School;
(e) an Executive Officer of the Denominational Education Council;
(f) a teacher employed in a school in Wabush, Labrador City, or Churchill Falls;
(g) related service done in an institution as a specialist teacher approved for this purpose by the Minister;
(h) as a teacher in an adult education institute approved by the Minister; or
(i) as an employee of the Newfoundland and Labrador School Boards Association.
33.05 Subject to Clause 33.01(a)(ii), each maternity, parental or adoption leave period, up to thirty-nine (39) weeks is to be credited in computing years of service for severance pay purposes.
33.06
The effective date of this Article shall be March 31, 2018. The rate of pay, service for severance entitlement and position used shall be that in effect on March 31, 2018. Subject to Clause 33.05, where a teacher is on layoff or an approved unpaid leave of absence on March 31, 2018, the position and rate of pay at the commencement date of layoff or unpaid leave of absence shall be used.
