This is the time of year when teachers begin considering their options for the fall. Depending on your life circumstances, you may be thinking about resigning from your teaching position. Whether you are looking for employment elsewhere or retiring (congratulations!), you should know your rights and obligations.
 
Resigning is not an easy decision. If you are unsure, consider requesting an unpaid leave of absence instead. Although an unpaid leave of absence is discretionary, if granted, it may be a way for you to keep your current contract in case you want or need to return.
 
It is wise to maintain your benefits during your leave to ensure that there is no gap in income replacement insurance, such as extended disability benefits (part of the benefits package).
 
You may also consider purchasing pensionable service from the Alberta Teachers’ Retirement Fund (ATRF) for your leave. Contact ATRF about this option. Purchase pensionable service as soon as possible after returning from leave, because the cost of this service increases the longer you wait.
 
To find out more about the specific details of an unpaid leave of absence, consult your collective agreement or call Teacher Employment Services.
 
If you do decide to resign, ensure that you do so properly. If you are teaching on a temporary, probationary or interim contract that ends on June 30, you are not required to formally resign if you intend to work until your contract ends naturally. If you are ending your contract early or have a continuing contract, ensure that your resignation is consistent with the relevant provisions of the Education Act.
 
Regardless of the type of teaching contract, if you are resigning, provide 30 calendar days’ written notice to your school division. This rule changes slightly near vacation periods. Section 217 of the Education Act reads,
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, your school division must receive your letter of resignation at least 30 days before the beginning of that vacation period.
 
In some circumstances, however, it may not be possible to provide that much notice. In that case, your school division may be agreeable to accepting your resignation by mutual agreement. If your school division is not agreeable, contact Teacher Employment Services to review your options.
 
When resigning, remember that your benefits will cease when your employment ends. Ensure that you make any qualifying purchases and attend any qualifying appointments (such as dental, optometry, chiropractic, physiotherapy and psychological) before your last day of employment. There may be a period of time after your employment ends (called a runoff period) during which you can submit eligible expenses to a health or wellness spending account, as long as those expenses were incurred before the date your employment ended. Contact your benefits provider for more details.
 
If you are resigning to work in another school division next year, you are advised to make your last official day of employment with your current school division as late as possible to ensure benefit coverage until your new teaching contract begins. For example, if your new teaching contract begins August 28, consider making your official resignation date from your current school division August 27. If, however, your resignation is for the purpose of retirement, it is more financially advantageous to make your resignation effective the last operational day of the school year so that your pension can start in July. Contact Teacher Employment Services with any questions.
 
WORTH SHARING
When you are considering resigning from your teaching position, become informed about your rights and obligations. For assistance, contact Teacher Employment Services at 1-800-232-7208 (northern Alberta) or 1-800-332-1280 (southern Alberta). #WEAREATA

WORTH KNOWING
 
Transfers Initiated by School Divisions
 
The transfer of a teacher is addressed in section 212 of the Education Act.
 
Here are some important points for teachers:
 

• A superintendent may, at any time during the school year, transfer a teacher from one school operated by the division   to another of its schools.
• When a teacher is given notice of a transfer, the teacher may appeal the transfer by making a written request (within 7 days of receiving the notice of transfer) to have a hearing before the division for the purpose of objecting to the transfer.
• The division may set a date and time for the hearing that is not earlier than 14 days after the teacher receives notice of transfer, unless the teacher agrees in writing to an earlier date.
• The teacher must not be transferred until after the hearing is held.
• If the teacher does not wish to transfer in accordance with the notice or does not wish to comply with the decision of the division, the teacher may resign from the division by giving 30 days’ written notice. (Note that the 30 days’ notice cannot include a vacation period of 14 days or more.)

 
WORTH SHARING
A superintendent may transfer a teacher from one school operated by the division to another of its schools at any time during the school year. The timeline to appeal a notice of transfer is short. If you have received a notice of transfer and require advice, contact Teacher Employment Services at 1-800-232-7208 or 780-447-9400 in the Edmonton area or at 1-800-332-1280 or 403‑265‑2672 in the Calgary area. #WEAREATA

WORTH KNOWING
Legislation and the Teaching Profession
 
Two pieces of legislation significant to the teaching profession are the Education Act and the Teaching Profession Act (TPA).
 
There are sections in the Education Act that are of particular interest to teachers and teacher leaders. Specifically,

• sections 196 and 197 outline the responsibilities of teachers and principals,
• section 198 indicates the required qualifications for employment as a teacher,
• section 201 contains information about teacher certification,
• sections 205–11 define the various contracts of employment for teachers,
• sections 212 and 213 outline teacher transfers and suspensions,
• sections 214–17 provide information about termination of contract, and
• section 220 outlines how teachers are paid.

 
The TPA establishes and defines compulsory and other options for membership in the Alberta Teachers’ Association and directs governance of the Association. It also sets out the objects of the Association as follows:

• to advance and promote the cause of education in Alberta;
• to improve the teaching profession;
• to arouse and increase public interest in the importance of education and public knowledge of the aims of education, financial support for education, and other education matters; and
• to cooperate with other organizations and bodies in Canada and elsewhere having the same or like aims and objects.

 
WORTH SHARING
Two important pieces of legislation govern the teaching profession. Teachers should become familiar with the Education Act and the Teaching Profession Act, as they contain information crucial to the work of teachers and teacher leaders. #WEAREATA

WORTH KNOWING
Teacher Discipline
On January 1, 2023, the new Code of Professional Conduct for Teachers and Teacher Leaders came into effect. The new Code can be found here. This is a significant change as the Alberta Teachers’ Association (Association) has performed this regulatory function for over 80 years. Ongoing discipline cases (initiated prior to January 1, 2023) will remain the responsibility of the Association until June 30, 2023.
 
The new Code will apply to all teachers across the province and will include all certificate holders, including school leaders and superintendents. Any person may make a complaint about alleged unprofessional conduct of a teacher, teacher leader or any other certificate holder, which may result in disciplinary action and could impact suitability to hold a certificate. In order to file a complaint, a form must be submitted, which can be found here.
 
Unprofessional conduct and professional incompetence are defined separately in the Education Act. This was something for which the Association advocated. The new Code only applies to conduct and is not intended for purposes of addressing questions of competence. It is important to note that teachers and teacher leaders are accountable for their conduct, on and off duty (same as before). It is also important to note that the new Code no longer has a requirement to advise a colleague of an intention to criticize, although the Association still recommends this as a best practice.
 
The new processes are complex with short timelines (some as short as 15 days) and include alternatives to hearings, such as dispute resolution, mediation and consent resolution. The Association will ensure that members are treated fairly in accordance with the law and principles of procedural fairness and natural justice. Call the Association immediately if you believe you are the subject of a complaint as there is a short window to act. 
 
Dependent on your location in the province, reach the Association by telephone at 780‑447‑9400 or 1-800-232-7208 (Edmonton area) and 403-265-2672 or 1-800-332-1280 (Calgary area). You can also e-mail professional.discipline@ata.ab.ca. We are here to confidentially answer questions and provide advice.
 
WORTH SHARING
There is a new Code of Professional Conduct for all certificate holders, including teachers and teacher leaders. The new processes are complex and have short timelines. The Association is here to answer questions and ensure that teachers and teacher leaders are treated fairly and in accordance with the law and principles of natural justice. #WEAREATA

WORTH KNOWING
 
ASEBP—Plan Design Updates​

The Alberta School Employee Benefit Plan (ASEBP) regularly reviews its benefits offerings to ensure that the plan suits the needs of covered members and aligns with the changing health sector landscape. Any updates to the plan are implemented at the start of the calendar year.
 
Effective January 1, 2023, the following enhancements and improvements to ASEBP programs, services and benefits have been implemented.
 
Mental Health Supports

Coverage for counselling services (from an eligible provider) has increased to a maximum of $120 per session. Additionally, coverage for psychology services has changed from an hourly rate to a per-visit amount of up to $180 per session. ASEBP has also added coverage of psychology and counselling assessment fees to a maximum of $300 per assessment.
 
Drugs

ASEBP is now using the Alberta Blue Cross list of generic and brand name prescription drugs, as well as its special authorization program for all drug requests. These changes provide more flexibility and streamline services for covered members, their dependants and health-care providers. There is no reduction in drug coverage with this change. In fact, this transition will give covered members starting on new biologic drugs more choice.

There are also changes to generic pricing on all brand name drugs on the drug benefit list. This change expands the list of drugs for which ASEBP pays up to the generic alternative price.
 
Dental

ASEBP has increased its Dental Benefit List fees to match the Alberta Dental Association and College 2022 fee guide. Additionally, the yearly maximum for dental implants has increased to $3,500 payable at 60 per cent for Plan 3 or 50 per cent for Plans 2 and 4.
 
To learn more about other plan enhancements, including those for air purifiers, splints and the MyRetiree Plan, please visit the ASEBP website.
 
WORTH SHARING

Be in the know. While ASEBP changes have just taken effect, familiarize yourself with what they may mean for you and your family before the expense is incurred. Contact ASEBP with any questions.