Discretionary vs Nondiscretionary Leaves and CUPE Labour Action

Discretionary vs Nondiscretionary Leaves and CUPE Labour Action
Collective agreements are designed to ensure fair and equitable provisions for all bargaining unit members. In a school setting, principals oversee operations as part of their management responsibilities under the Education Act, which states that they are responsible for “...the management of the school.” However, this does not mean they function as direct managers in a labour relations context.

The absence of over 6,000 CUPE members, who are currently on strike across the province, significantly impacts classrooms, school offices and overall school operations. This has also intensified the already limited availability of substitute teachers. The Alberta Teachers’ Association has made it clear that CUPE members’ work should not be voluntarily taken on by contracted or substitute teachers. However, in reality, some teachers are being expected—or pressured—to absorb additional duties.

As a result, some school divisions have reviewed leave requests, including previously approved leaves, in response to staffing shortages. In some cases, discretionary leaves have been cancelled due to operational concerns. In others, collective agreement language ties leave approval to substitute teacher availability, and the CUPE strike has exacerbated an already precarious system.
The Role of School Leaders in Leave Decisions

Some school divisions have shifted the responsibility of managing leave requests onto school leaders, including principals, vice-principals and assistant principals. While these individuals play an essential role in school operations, they are colleagues to teachers, not managers. When they decide whether a teacher can take leaves, it can create conflict between colleagues and undermine the collegiality that should be fostered in Alberta schools.

Many collective agreements state that personal or discretionary leave must be approved by “the Superintendent or designate,” often placing the principal as the final decision-maker. However, delegation of authority should not force school leaders into a managerial role where they must determine whether a teacher can access their leave entitlements.

Sick Leave is a Right, Not a Favor
Unlike discretionary leave, sick leave does not require employer approval. While collective agreements may require medical documentation for extended absences or return-to-work clearances, it remains the teacher’s responsibility—not the employer’s—to determine whether they are well enough to attend work.

Teachers should not feel guilty or be made to feel that they are letting their colleagues down by taking sick, bereavement or critical illness leave. Moreover, school leaders should not be placed in a position where they are expected to assess or challenge a teacher’s decision to take a sick leave, regardless of substitute shortages or the ongoing CUPE strike.

If school leaders are encouraged to pressure teachers into attending work despite illness, they should contact Teacher Employment Services for support at 1-800-232-7208.

The Consequences of Attending Work While Ill
Teachers who report to work while unwell may struggle to meet the Teaching Quality Standard (TQS) and risk spreading illness to colleagues and students, further exacerbating staffing issues. Ignoring personal health concerns can also lead to more severe medical conditions and prolonged absences.

Teachers who are sick or injured or who require medical appointments should not feel compelled to work. The collective agreement is clear: sick leave is an entitlement, not a privilege, and teachers have the right to use it under the conditions outlined in their agreement.
 
WORTH SHARING
The collective agreement provides entitlements and provisions for teachers. School leaders are colleagues, not managers. While they should inform decisions, as required by the language in specific clauses of the collective agreement, they should not be placed in the position of the final decider on entitlements for colleagues or pressured to have sick teachers attend school because of external factors, like substitute teacher shortages or another union’s labour action. School leaders who feel compelled by their employer to encourage colleagues to attend work when they are ill or injured should seek guidance and advice from the Association. Members with concerns should contact Teacher Employment Services. #WeAreATA