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ARTICLE 7:  PROBATIONARY PERIOD AND TENURE

7.01

  1. Teachers who have no previous teaching experience in the Province and teachers who have never been tenured with a School Board will be hired on a probationary contract until they have completed two (2) years’ service with the same School Board.
  2. (i) Probationary teachers who are in attendance for less than ninety-seven and one half (97.5) days in any one school year may be required to complete an additional year of service in order to complete the probationary period.
    (ii) For probationary teachers on permanent part-time contracts, the number of days of required attendance as per Clause 7.01(b)(i) shall be in proportion to the fraction of a full staffing unit as assigned to them.
  3. For the purpose of this Article, reference to “year of service” means a school year during which a teacher is in the employ of a School Board filling a permanent full-time or a permanent part-time position.

7.02 A teacher who completes the probationary period and then enters into continuous employment with the same School Board shall have tenure as a teacher with that Board.

7.03 A teacher who has completed a probationary period with a School Board and who subsequently is hired by another School Board may be required to enter into a probationary period of one (1) year or may have the probationary period waived by the Board. Unless the School Board notifies the teacher in writing at the date of hiring that a probationary period of one (1) year is required, the teacher shall be deemed to have tenure with the Board.

7.04 A teacher who has completed a probationary period and who subsequently leaves the full time employ of the School Board for a period in excess of four (4) years, may, upon re-employment, be required by the Board to enter into a probationary period of one (1) year or may have the probationary period waived by the Board.

7.05

  1. Teaching and learning assistants who have no previous teaching experience in the Province and teaching and learning assistants who have never been tenured with a School Board will be hired on a probationary contract until they have completed two (2) years’ service with the same School Board.
  2. (i) Probationary teaching and learning assistants who are in attendance for less than ninety-seven and one half (97.5) days in any one school year may be required to complete an additional year of service in order to complete the probationary period.
    (ii) For probationary teaching and learning assistants on permanent part-time contracts, the number of days of required attendance as per Clause 7.05(b)(i) shall be in proportion to the fraction of a full staffing unit as assigned to them.
  3. For the purpose of this Article, reference to “year of service” means a school year during which a teacher is in the employ of a School Board filling a permanent full-time or a permanent part-time teaching and learning assistant position.

7.06 A teaching and learning assistant who completes the probationary period and then enters into continuous employment with the same School Board shall have tenure as a teaching and learning assistant with that Board. 

7.07 A teaching and learning assistant who has completed a probationary period with a School Board and who subsequently is hired by another School Board may be required to enter into a probationary period of one (1) year or may have the probationary period waived by the Board. Unless the School Board notifies the teaching and learning assistant in writing at the date of hiring that a probationary period of one (1) year is required, the teaching and learning assistant shall be deemed to have tenure with the Board.

7.08 A teaching and learning assistant who has completed a probationary period and who subsequently leaves the full time employ of the School Board for a period in excess of four (4) years, may, upon re-employment, be required by the Board to enter into a probationary period of one (1) year or may have the probationary period waived by the Board.

7.09 A School Board shall not enter into a contract other than a Probationary Contract with a teacher who does not hold a Certificate III or higher. 

7.10 The provisions of Clause 7.09 of this Article apply only to teachers who were not employed with any School Board in this Province on the date of signing of this agreement, except for those teachers who were employed subsequent to March 30, 1977 and hold less than a Certificate II. 

7.11 A teacher who leaves the employ of a School Board at the end of a probationary period shall be advised in writing by that School Board as to whether or not the probationary period has been satisfactorily completed.

7.12

  1. For the purposes of this Article service as a teacher in a teaching position shall be counted for the purpose of probation and tenure for teaching and learning assistant positions.
  2. For the purposes of this Article, service as a teacher in a teaching and learning assistant position shall not be counted for the purpose of probation or tenure for other teaching positions.

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