ARTICLE 41 – PROBATIONARY PERIOD AND TENURE
41.01 For the purpose of this Article, the following definitions shall apply:
Probationary Period for Teachers: Period of not more than two (2) continuous years of service in the case of a non-tenured teacher and not more than one (1) year for a previously tenured teacher, provided that teacher has certification in accordance with Clause 42.07(a).
Probationary Period for teaching and learning assistants: Period of not more than two (2) continuous years of service in the case of a non-tenured teaching and learning assistant and not more than one year for a previously tenured teaching and learning assistant.
41.02
(a) 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.
(b)
- Probationary teachers who are in attendance for less than ninety-seven and one half (97.5)days in any one (1) school year may be required to complete an additional year of service in order to complete the probationary period.
- For probationary teachers on permanent part-time contracts, the number of days of required attendance as per Clause 41.02(b)(i) shall be in proportion to the fraction of the full staffing unit as assigned to them.
(c) 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 permanent part-time position.
41.03 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.
41.04 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 serve 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 that teacher is required to serve a probationary period of one (1) year, the teacher shall be deemed to have tenure with that Board.
41.05 A year’s probation shall be deemed to have been served at the end of the school year where a teacher has come on staff after the beginning of the school year and remains on staff for the balance of the school year provided that he/she has taught for ninety-six (96) teaching days. A teacher who comes on staff after the beginning of the school year and who does not teach for ninety-six (96) teaching days shall be deemed to have completed a year’s probation at the end of the subsequent school year, unless the Board waives all or part of that period.
41.06 A teacher who “leaves the employ of his/her School Board” at the end of that teacher’s probationary period shall be advised in writing by that School Board as to whether or not the probationary period has been satisfactorily completed.
41.07 A teacher who has completed a probationary period and who subsequently leaves the employ of a School Board for a period not in excess of five (5) years shall, upon re-employment with the same Board, have tenure as a teacher with that Board. If the period exceeds five (5) years, that teacher shall be subject to the same provisions as the teacher covered in Clause 41.04.
41.08
(a) 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.
(b)
- Probationary teaching and learning assistants who are in attendance for less than 115 days in any one school year may be required to complete an additional year of service in order to complete the probationary period.
- For probationary teaching and learning assistants on permanent part-time contracts, the number of days of required attendance as per Clause 41.08(b)(i) shall be in proportion to the fraction of a full staffing unit as assigned to them.
(c) 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.
41.09 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.
41.10 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.
41.11 A year’s probation shall be deemed to have been served at the end of the school year where a teaching and learning assistant has come on staff after the beginning of the school year and remains on staff for the balance of the school year provided that he/she has been in attendance for ninety-six (96) teaching days. A teaching and learning assistant who comes on staff after the beginning of the school year and who is not in attendance for ninety-six (96) teaching days shall be deemed to have completed a year’s probation at the end of the subsequent school year, unless the Board waives all or part of that period.
41.12 A teaching and learning assistant who has completed a probationary period and who subsequently leaves the employ of a School Board for a period not in excess of five (5) years shall, upon re-employment with the same Board, have tenure as a teaching and learning assistant with that Board. If the period exceeds five (5) years, that teaching and learning assistant shall be subject to the same provisions as the teaching and learning assistant covered in Clause 41.10.
41.13
(a) 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.
(b) 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.
