Sabbatical Leaves for Teachers

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EC2024-761 Education Act Sabbatical Leave Regulations Amendment outlines modifications to the sabbatical leave regulations under the Education Act. These amendments, made under section 107 of the Education Act R.S.P.E.I. 1988, Cap. E-.02, focus on revising the eligibility criteria for sabbatical leave and establishing specific conditions governing such leave for teachers in Prince Edward Island.

One of the key changes introduced by the amendment is in Section 1, which revokes and replaces subsection 4(1) of the Sabbatical Leave Regulations (EC529/16). The revised subsection limits sabbatical leave eligibility to teachers employed by an education authority under a permanent contract in a full-time teaching position. This revision excludes part-time and temporary contract teachers, thereby restricting sabbatical leave opportunities to those with a full-time, long-term commitment to the school system.

Section 2 introduces two additional subsections, 5(6) and 5(7), which add essential conditions for granting sabbatical leave. Subsection 5(6) requires that a sabbatical leave grant be conditional upon a formal written agreement between the teacher and the education authority. The agreement may include terms ensuring that the teacher returns to service for at least three school years following the sabbatical. This requirement is intended to ensure that the resources invested in the teacher’s professional development benefit the education system in the long run. Furthermore, the agreement could also include a repayment clause, whereby the teacher may need to repay all or part of their salary if they fail to complete the course of study for which the leave was granted or do not fulfill the required return-of-service period. The terms of the agreement may also include other mutually agreed-upon conditions between the teacher and the education authority, allowing for flexibility based on the specific circumstances of the leave.

Subsection 5(7) ensures that any sabbatical leave agreement does not conflict with the Education Act, the regulations, or any existing collective agreements. This non-conflict clause helps to maintain consistency with the broader legal and contractual frameworks that govern labor relations between teachers and education authorities, preventing any potential disputes or contradictions.

Finally, Section 3 establishes August 24, 2024, as the date when these new regulations will come into effect. From this date onward, all sabbatical leave applications and agreements will be subject to the revised eligibility criteria and conditional requirements introduced by the amendment.

These amendments ensure that sabbatical leave is granted only to teachers who are fully committed to the education system, with clear expectations for their professional development and service continuity. The added requirements for written agreements promote transparency and accountability, while the non-conflict clause ensures that these agreements remain consistent with existing laws and collective agreements.

Prince Edward Island (EC2024-761) August 24, 2024