ARTICLE 30 – LEAVES WITHOUT PAY
30.01 For the purpose of this Article, the following definition will apply:
The School Board Office shall be deemed to be a school.
30.02
(a) Subject to Article 47 and Clause 30.09, a teacher whose period of leave granted under this Article commences and terminates during the same school year shall return to the same position unless it is mutually agreed between the School Board and the teacher that the teacher return to a particular position.
(b) Notwithstanding Clause 30.02(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.
30.03
(a) Subject to Articles 47 and 17, 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.
(b) Notwithstanding Clause 30.03(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.
30.04 A teacher elected to the office of President of the Newfoundland and Labrador Teachers’ Association or President of the Canadian Teachers’ Federation shall be granted leave without pay to fill such office and shall, subject to Articles 47 and 17, be entitled to the same or comparable position with the School Board.
30.05
(a) Whenever possible, a teacher employed by a School Board shall be granted educational leave without pay for not less than one (1) school year and on that teacher’s return shall, subject to Articles 47 and 17, be given a comparable position in the same school unless it is mutually agreed between the teacher and the School Board that he/she return to a particular position.
(b) A teacher employed by a School Board may be granted educational leave without pay for a period of less than one (1) school year and on that teacher’s return shall, subject to Article 47, be given a comparable position in the same school unless it is mutually agreed between the teacher and the School Board that he/she return to a particular position.
(c) Notwithstanding Clauses 30.05(a) and (b), on return from a period of educational leave without pay, a teacher employed in a teaching and learning assistant position shall only be returned to a teaching and learning assistant position.
30.06
(a) A teacher granted leave under Clause 30.04 shall have the time credited as service with the School Board for the purpose of determining seniority.
(b) Leave approved under this Article for the purpose of upgrading teacher qualification and/or experience shall be credited as teaching experience for purposes of seniority and salary increments.
30.07 Leaves granted under this article may be extended by mutual consent of both the teacher and the School Board up to a maximum period of two (2) school years.
30.08 A teacher whose leave extends beyond April 30 shall be subject to the resignation and termination provisions of Article 48.
30.09 Subject to Article 47, a teacher elected to serve in the Provincial House of Assembly or 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.
30.10 Subject to Article 47 and Clause 30.03, 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.
30.11 Subject to Article 47 and Clause 30.03, 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 his/her 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.
