Schedule D contract teachers who become pregnant are entitled to the maternity benefits provided under Article 33 (A) of the Collective Agreement, meaning that they are entitled to 30 paid days from the Employer.
However, depending on a teacher’s due date, this may affect when the 30 days can be paid. For example, if a teacher’s due date is in the summer or fall of 2013, she would be able to finish the school year. In order to benefit from the 30 paid days, she would need to be recalled to a position in the fall prior to May of the school year. If the teacher is not recalled to a position in the fall prior to the the month of May, the 30 days of leave would need to be paid out before the end of the school year (before the expiration of her D contract) or these benefits will be lost.
The Employer’s position is that once a contract D expires, a teacher loses her “employee status” until she is recalled to another position. Not having employee status means a teacher cannot receive benefits provided in the Collective Agreement.
Should a teacher wish to finish the school year while not knowing if she will be recalled, then inorder to collect the 30 paid days, she will need a written commitment from Human Resources at the district office to confirm that the 30 days will be paid after the end of the school year. Should this not be possible, teachers who find themselves in this position and who do not wish to loose these benefits, are advised that their last day of work for the 2012-2013 school year will be May 10, 2013 even though their contract ends in June. The benefits will be paid from May 13, 2013 until the end of the school year.
Teachers should visit the NBTF web site at www.nbtffenb.ca and fill out the Maternity Leave Form Request and then submit it to the NBTF prior to May 2013. Please call the NBTF for further information on this matter.
Practices A Schedule D contract under the NBTF Collective Agreement will be awarded to a substitute teacher:
i) for an assignment known to last at least one year; The interpretation is that it must be a “school year”, meaning approximately from September until June.
ii) for an assignment known to last at least three months, if the assignment is to substitute for a regular teacher taking a secondment, an educational leave or a deferred salary leave; In cases outlined in i) and ii) a contract would be awarded from the first day of work.
iii) on the first day of the seventh month of continuous service in the same assignment.
“Continuous service” has to occur during the same school year since the summer is considered as a break in service. The Christmas and March Breaks do not constitute a break in service.
Where a substitute teacher is awarded two consecutive long-term supply assignments within the same district (20 days), there is deemed to be no break in service.Therefore, a supply teacher may still get a contract under iii) even if he/she replaces more than one teacher in more than one school.
Policy 202 contains information on substitute teaching. A copy is available on the Department of Education’s web site or the NBTF web site at www.nbtffenb.ca