Teachers who have completed eight (8) years of employment, as defined in Article 32 – “Staff Reduction”, with the Division shall be eligible to apply for educational leave. The Division shall have the prerogative of granting an educational leave in particular cases worthy of consideration which would not qualify under the seven year employment clause.
(a) The number of educational leaves approved for any school year shall be three (3), provided that the Division receives at least three (3) applications for educational leave from teachers.
(b) Where more than three (3) applications for leave are received by the Division and all other considerations are very nearly equal, seniority shall be the basis for awarding leave.
Remuneration while on educational leave shall be two-thirds of the salary received by the teacher in the year completed before leave is granted.
All applications must be submitted not later than April 1st of the school year preceding the commencement of the leave.
Remuneration shall be made in the same manner as it is presently for teachers on staff as provided in Article 12. Payment of salary shall be made with the proviso that the teacher shall return to the Division for two years following the year of leave. A teacher who does not return to the employ of the Division for two years shall repay the amount received as set out below:
(a) If teacher does not return - full repayment.
(b) If teacher returns for one year only - 50% repayment.
If a teacher fails to return after an educational leave, full repayment shall be made on or before September 1st of the year that the teacher would normally resume work in the Division.
Any unsubscribed educational leave shall not be carried forward for eligible use in any subsequent year.
The granting of an educational leave for a part-time teacher shall be considered as the granting of the educational leave, not a portion of an educational leave. The fact that a teacher may have been part-time the previous year would have a bearing only on the salary paid to that teacher during the year of an educational leave.
At the termination of the educational leave the teacher shall be entitled to return to the same position the teacher held prior to the commencement of the leave provided the teacher has on or before April 1 in the year of the leave advised the Superintendent in writing of the teacher's intention to return to the position at the commencement of the next teaching year. If the teacher fails to inform the Division in writing of the teacher's intention to return, the Division shall not be required to assign the teacher to the teacher's former position with the Division and the Division is relieved of any obligation to the teacher in this respect.
If the position held by the teacher prior to taking the leave of absence will no longer exists when the teacher resumes active employment with the Division, the Division shall offer the teacher another position which shall be as similar to the previous position held by the teacher as can be reasonably established.