REsignations: Know Your Rights and Responsibilities

Resignations: Know Your Rights and Responsibilities

Resigning from a teaching contract can involve challenging considerations and decisions for teachers. The Education Act dictates timelines and processes which must be followed. Learn about your rights, obligations and any potential restrictions. Contact Teacher Employment Membership Support at 1-800-232-7208. 

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Keep reading for important information about your rights, responsibilities, and potential risks.

WORTH KNOWING

Looking for a change? This is the time of year when teachers start thinking about their options for the fall and, depending on their personal circumstances, when they might be considering resigning from their teaching contract. Whether the reason for resignation is to find employment in another school division or for retirement (if so, congratulations!), it is crucial to understand your rights and responsibilities.

Resignation is a tough decision. If you are uncertain, consider asking for a full-time unpaid leave of absence instead. Although unpaid leave is at the employer’s discretion, if approved, it can allow you to keep the option open for a possible return to your current school division. Be sure to inform your employer of your intention to take a leave. Using a leave of absence for reasons other than those originally stated when requesting it could lead to issues. It’s also advisable to maintain your benefits during this period to prevent gaps in income replacement insurance, such as Extended Disability Benefits, which are part of your benefits package. You might also want top 2 consider purchasing pensionable service from the Alberta Teachers’ Retirement Fund (ATRF); contact ATRF for details. If you choose to purchase pensionable service, do so promptly after returning from your leave, as delaying can significantly increase the cost. For specific information about unpaid leaves of absence, refer to your collective agreement or contact Teacher Employment Membership Support (TEMS) at 1-800-232-7208.

If you decide to resign, make sure to do so properly. If you are on a temporary, probationary or interim contract that ends on June 30, you do not need to formally resign if you plan to work until your contract naturally expires on that date. However, if you want to resign your contract early or, in the case of a continuing contract, resign at any time, ensure your resignation aligns with the relevant provisions of the Education Act (Act). Regardless of your contract type, if you choose to resign, you must provide 30 calendar days written notice to your school division. Note that this rule adjusts slightly near vacation periods. Section 217 of the Act states:
217(1) [. . .] a notice of termination of a contract of employment [. . .] must not be given by a board or a teacher
(a)  in the 30 days preceding, or
(b) during a vacation period of 14 or more days’ duration.

This means that if you want to end your contract near a vacation period, you must ensure that the school division receives your letter of resignation at least 30 days before the start of the vacation. However, in some cases, it might not be possible to give the required notice under the Act. If so, your school division may agree to accept your resignation by mutual consent. If they do not agree, please contact TEMS to discuss your options.

When you resign from your teaching contract, remember that your benefits will end when your employment does. Make sure you have made any necessary qualifying purchases and scheduled any essential appointments, such as dental, optometry, chiropractic, physiotherapy, and counselling and therapy appointments before your last day of work to cover eligible expenses. There might be a period after your employment ends, called a runoff period, during which you can still submit eligible expenses to your health or wellness spending account, provided they were incurred before your employment ended. Check with your benefits provider for more details.

If you plan to resign in order to work at another school division next year, it is advisable to make your last official day with your current division as late as possible to ensure coverage until your new teaching contract begins. For example, if your new contract starts on August 28, consider resigning officially on August 27. However, if you are resigning for retirement, it is more financially beneficial to make your resignation effective on the last operational day of the school year, enabling you to start collecting your pension in July. 

Please contact TEMS for advice and assistance at 1-800-232-7208. 

To view previous Worth Knowing documents, please visit this link.