Summary of Issue: Leave Commencing Prior To Summer Months

Decision A-0368.95 Full Text of Decision A-0368.95

Teacher paid maternity and subsequently sickness benefits which were suspended at the end of June, beginning of the non-teaching period. Claimant disentitled under Reg. 46.1 and decision upheld by the Umpire who determined that Reg. 46.1 did not violate claimant's right to equality guaranteed by S.15 of the Charter. FCA in substantial agreement with the reasons of the Umpire and ruled that the FCA decision rendered in E.Taylor (A-681-90) was directly applicable to the case.

Decision 23938A Full Text of Decision 23938A

Held that a teacher who is collecting sickness benefits, following maternity benefits, is not entitled to continue to collect such benefits during the nonteaching period, and that s. 46.1 does not violate s. 15 of the Charter under the circumstances.

Decision 26870 Full Text of Decision 26870

Ontario teacher not paid salary while sick from 3-92. It is argued that the period from 3-92 was not a teaching period for her. Therefore, 7-92 and 8-92 cannot be a nonteaching period for her. Held that s. 46 must be read in light of the profession as a whole not of a particular member of that group.

Decision 21311A Full Text of Decision 21311A

Quebec teacher granted one year leave without pay by employer as of 30-6-89. Decided that under the terms of his contract and the collective agreement, his employment was not terminated.

Decision 21418 Full Text of Decision 21418

N.S. teacher on sick leave from 1-91 until end of school year. He then took a leave of absence from 1-8-91 to 31-7-92. Claimed regular UI on 22-7-91. A contract is not terminated simply because of a disability or leave of absence. His resignation in 11-91 does not change this.

Decision 20888 Full Text of Decision 20888

On paid sick leave from 11-11-89 to the 16-9-90; wage replacements thereafter until 6-90 and following that from 9-90; application for benefits 7-90 and 8-90. Examination of teaching contract: Sudbury Separate School Board; falls back on TAYLOR.

Decision 14246A Full Text of Decision 14246A

Refer to: A-0681.90

Decision A-0681.90 Full Text of Decision A-0681.90

Claimant on unpaid sick leave from 8-5 to 1-8. What is important in light of para. 46.1(2)(a) as it now stands is not so much that remuneration was not received for 7-86, but that throughout the month she remained employed under a contract which had not been terminated. Permanent N.S. teacher on paid sick leave to 7-5-86. On unpaid leave to 1-8-86 when contract renewed. The only events for terminating the contract were as set forth therein and in the provincial statute. No action to terminate of the kind authorized was taken.

Decision 18796 Full Text of Decision 18796

Teacher on maternity leave from 12-87. Maternity UI paid. The school board did not rehire her until 9-88. She collected regular UI from 1-5 to 30-6-88 while employed as substitute. Properly disentitled from 1-7-88. Contract not terminated. No discrimination based on pregnancy.

Decision 18606 Full Text of Decision 18606

Ontario teacher on maternity leave from 1-89. The Board held that she was entitled to regular benefits in July and August 1989. Claimant's contract ran until 31-8-89. She does not qualify under reg. 46.1(2)(a). This is so regardless that she received nopay during the summer.

Decision 16066A Full Text of Decision 16066A

Teacher who took unpaid sick leave as of April and collected UI until 1-7. DICK referred to. Jurisprudence makes it clear that the contract is not terminated simply from the fact of disability or taking a leave of absence.

Decision 16776 Full Text of Decision 16776

Took leave from work in January and moved to another area. Did not find other work, so he resumed teaching in September. I do not think reg. 46.1 was meant to apply to him but the wording clearly applies to him. Had he not returned in September, there may have been some doubt.

Decision 16682 Full Text of Decision 16682

Full-time teacher who took one year's leave, from 9-87 to 9-88. Ineligible as from 7-88 in accordance with Reg. 46.1, as the contract had not ended. Also stated that she occasionally worked elsewhere in teaching during her leave.

Decision 15152 Full Text of Decision 15152

Teacher in B.C. disentitled under 46.1 from 30-8-87 to 7-9-87. It would appear that her contract had been terminated 30-6-87 (ceased 1-5-87 due to pregnancy) and she would come within the exception unless she was on leave of absence, which does not appear to be the case. [p. 4]

Decision 12772 Full Text of Decision 12772

Teacher in Ontario who, upon expiration of paid sick leave in May, went on long term disability. Argues that his incapacity to work amounts to a termination of his contract under reg. 46.1(2)(a). Argument rejected.

Decision 11705 Full Text of Decision 11705

Ceased work 20-9-83 due to illness and collects long term disability insurance 10 months a year, from Sept. to June. UI claim for July and August 84. Must satisfy one of the provisions of 46.1. He failed to do so.

Decision 11396 Full Text of Decision 11396

Ontario teacher on leave without pay from 1-9-83 to 31-8-84. Upon terminating his course in April, he collected benefits from 16-4 to 29-6. Not entitled to benefits for the non-teaching period from 1-7 to 31-8-84.