ARTICLE 40 – CONTRACTS
40.01 No provision of a teacher contract shall contravene any Article of the Collective Agreement.
40.02 At the time of hiring, the School Board shall document each teacher’s point of hire in the teacher’s personal file.
B. Term Contracts
(a) The Board shall enter into a term contract with a teacher only when:
- The teacher is replacing a teacher on leave; or
- The teacher is hired to fill, for the balance of that school year, a vacancy which occurs after August 1 of that school year; or
- The teacher is hired to fill, for the balance of that school year, a position which is allocated as an additional unit by the Department of Education, after September 1 of that school year; or
- The teacher is hired to fill a position left vacant because of the unavailability of a teacher who is qualified in the position advertised; or
- The teacher is hired for the purpose of position-sharing pursuant to Article 54; or
- The teacher is hired to fill a position which is necessary because the School Board has served formal notice that the school will close at the end of the school year.
(b) The provisions of Clause 40.03 shall not apply to teachers rehired under Article 47.
40.04 Unless it is terminated in accordance with Article 48 or 47, a term contract shall continue in force:
(a) until the expiration of that term contract or the end of that school year, whichever occurs first, provided that the teacher was hired in accordance with Clause 40.03 or Clause 54.06.
(b) until the end of the leave, provided that the teacher was hired in accordance with Clause 42.07(c) or Clause 42.07(d).
(a) Following employment with a Board under a term contract, a teacher who is subsequently hired under the provisions of Clause 42.07(a) for the next school year shall have the period of employment under that term contract credited towards fulfilling the requirements of Article 41.
(b) Notwithstanding Clause 40.05(a), a maximum of one (1) year of employment in a term contract contiguous to employment in a probationary or continuing contract in a comparable position with the same School Board shall be counted as part of the probationary period in accordance with Article 41.
C. Probationary Contracts
40.06 A teacher on a probationary contract with a Board may also enter into a term contract to fill a position with the Board in accordance with Clause 42.07(a) or Clause 42.07(c) and shall be deemed to be on leave without pay from that teacher’s previous position and the teacher shall retain all rights and privileges associated with his/her former position.
D. Continuing Contracts
40.07 Notwithstanding Clause 40.03, a teacher on a continuing contract with a School Board who is filling another position with the School Board on a temporary basis, shall be deemed to be on leave from his/her position and the teacher shall retain all rights and privileges associated with that Board.