Part 7 — Education Professions and Occupations Division 1 Responsibilities
220 Salaries
(a) shall pay the annual salar y of every teacher who teaches on
all the teaching days of a school year on which the school at
which the teacher is employed is in operation,
(b) shall, except as provided in clause (c), pay to every teacher
who
(i) is under a contract of employment for a period that
includes all the teaching days of a school year, and
(ii) does not teach on all the teaching days on which the
school at which the teacher is employed is in operation,
that teacher's full annual sala ry less 0.5% of the salary for
each teaching day on which the teacher does not teach,
(c) shall pay
(i) to every teacher who is u nder a contract of employment
for a period that does not include all the teaching days of
a school year, and
(ii) to every teacher who is u nder a contract of employment
for a period that includes all the teaching days of a
school year but who during that year teaches on fewer
than 100 teaching days,
0.5% of the teacher's annual salary for each day on which
the teacher teaches,
(d) shall not deduct any amoun t from a teacher's salary in
respect of that teacher's absence if the absence
(i) is approved by the board or the Minister, or
(ii) is
(A) for the purpose of the teacher's receiving necessary
medical or dental treatment, or
(B) on account of injury to o r the illness or disability of
the teacher,
when the total number of teaching days on which the
teacher is absent in a school year does not exceed the
total number of teaching days of absence that the teacher
is allowed under subsection (2), and
(e) may authorize a teacher 's absence without pay.
(2) For the purposes of subsection (1)(d)(ii), a teacher is allowed to
be absent in a school year on not more than
(a) a total of 20 teaching days, or
(b) the number of t eaching days determined by dividing by 9
the total number of teaching days that the teacher taught for
the board during the school year,
whichever is the lesser number of teaching days.
(3) For the purposes of subsection (1)(d)(ii), a board may require
the teacher to provide it with a certificate from a physician or a
dentist.
(4) A board may allow a teacher to be absent and pay full or part
salary to the teacher for a greater number of teaching days than the
number of teaching days calculated in accordance with subsection
(2).
(5) A board may adopt a scheme whereby a teacher may earn,
during the teacher's service with a board, an entitlement to salary
applicable to periods of illness, the unused portion of which may be
carried forward from year to year.
(6) Notwithstanding any agreement to the contrary, a board shall,
(a) on or before the la st day of each month, or
(b) within 7 days from the date of the termination of a contra ct
of employment,
pay to a teacher under a contract of employment the money due to
the teacher.
(7) Notwithstanding subsection (6), a board may withhold
(a) at the end of each school year, or
(b) at the termination of a t eacher's contract of employment,
an amount not exceeding one month's pay for a period ending not
later than 7 days after the submission by the teacher of any reports,
returns or property of the board or the Government that are
required to be returned to the board or the Government.
(8) When a teacher's employment with a board terminates prior to
(a) the conclusion of the school year, in the case of a teache r
employed under a contract to teach during all the teaching
days in a school year, or
(b) the expiry date provided for in the contract or under this
Act, in the case of a teacher employed under a contract to
teach for part of a school year,
the board may deduct from the amounts payable to that teacher
0.5% of the teacher's annual salary for each teaching day that the
teacher was absent that exceeds
(c) the number of t eaching days that the teacher is allowed
under subsection (2)(a), or
(d) the number of t eaching days determined by dividing by 9
the total number of teaching days that the teacher taught for
the board in the school year in which the teacher's
employment was terminated,
whichever is the greater number of teaching days.