SEPTEMBER 22, 2017

Memo re Information for Substitute Teachers re Holiday Pay

The NLTA Collective Agreements entitle substitute teachers to pay for paid holidays as long as the holiday occurs during a contract period. Three of the 195 paid days in a school year are paid holidays and these are typically designated as follows: Thanksgiving, Remembrance Day and Victoria Day (May 24th long weekend).

Clause 49.03 of the Provincial Collective Agreement [Clause 46.03 of the Labrador West Collective Agreement] states:
Substitute teachers shall be paid for a maximum of paid holidays designated by the School Board if the holidays occur during a contract period.
 
The Association had learned that the Department of Education and Early Childhood Development (DEECD) was prorating paid holidays for substitute teachers. Specifically, salary for paid holidays was prorated based on the hours worked by the substitute teacher during the week in which the holiday occurred. While this would not affect substitute teachers who worked full time during the week in question, substitutes who worked less than full time hours during the same period could have been negatively affected, depending on what hours were worked and when. The Collective Agreement does not provide for the pro-ration of paid holidays for substitute teachers.

The Association filed a policy grievance and an individual grievance. On June 30, 2017, the matters were settled. On a go forward basis, commencing with the 2017 Victoria Day holiday (May 22), substitute teachers will be paid for a full day if a paid holiday falls within a contract period. Further, all proration of holidays for substitutes by DEECD has ceased, effective May 8, 2017.

Teachers are encouraged to contact the Association if they have any questions or concerns in this regard. Substitute teachers who were improperly paid for the 2017 Victoria Day paid holiday should have received pay on the August 4, 2017 pay period.