ATA Local #23 Information Update - November 2, 2023
WORTH KNOWING
#1 - Criminal Record Check - Bill 85
The January 1, 2024 deadline to have a new criminal record check submitted to your employer is quickly approaching.
Last September, Bill 85 amended the Education Act and created a new requirement for updated criminal records and vulnerable sector checks for teachers. Individuals employed by a school board whose employment requires a certificate of qualification as a teacher, a leadership certificate, or a superintendent leadership certificate must submit a new record check every five years.
Key Details:
Who Is Affected? Bill 85 applies to those whose roles require any of the above listed certificates.
Deadline: Teachers need to provide the checks to their division by January 1, 2024 to avoid potential issues. The checks must then be updated every five years.
Timelines: Law enforcement agencies may need time to process record check applications. If you have not already submitted your application, you should act now without delay.
Non-Compliance: Failure to provide the necessary checks within the specified timeframe, without clear evidence of steps taken to obtain them, may result in significant employment-related issues.
Cost: Teachers are not required to bear the cost of the five-year criminal record check. Many divisions have collaborated with local law enforcement detachments to facilitate the process. However, teachers who cannot provide the checks due to reasons such as document loss, missed deadlines, or new employment will be responsible for the cost of the initial check or its reissuance.
Responsibility: School divisions are responsible for enforcing this legislation and ensuring that the results of these checks confirm the suitability of the teacher for their position.
Criminal Conviction Disclosure: If you have a criminal charge or conviction and have not reported this to your employer, we recommend seeking advice from Teacher Employment Services (1-800-232-7208). Proactively addressing this issue with your school division is advisable, especially if it may impact your updated criminal record and vulnerable sector check submission.
We understand that this may raise questions, and we are here to support you through this process. If you have any inquiries or require clarification, please do not hesitate to contact us.
Thank you,
The Alberta Teachers’ Association
#2 - Teacher Employment Services (TES) - Critical Illness Insurance
WORTH KNOWING
Critical Illness Insurance
Critical illness insurance is not something you want to think about. But it is protection you want to have should you become critically ill and no longer able to work. Money is one of the last things you want to have to worry about if you are diagnosed with cancer or suffer a heart attack, but a serious illness can devastate your finances.
Optional critical illness insurance can help with your finances while you focus on your recovery. It is one of the most cost-effective things you will ever do to protect your savings.
This type of insurance can give you a tax-free payment if you are diagnosed with a serious medical condition. Your contract will define which conditions are covered, but examples include cancer, heart attack and stroke.
Many assume that the Alberta Health Care Insurance Plan or workplace benefit plans (such as the Alberta School Employee Benefit Plan [ASEBP]) will cover many of the additional medical costs associated with a life-altering illness. However, these plans might not cover all the extra costs that come with managing a critical illness, such as home care, travel and accommodations, lost work wages, childcare, gas and meals. Over time, these expenses can add up.
Capital Estate Planning provides the Association’s Voluntary Benefits Program, a unique program built specifically for Alberta teachers and their families. This program includes critical illness insurance, group savings plans (RRSP, TFSA, RESP and RRIF), additional life insurance, and mortgage insurance.
Until November 30, 2023, teachers can apply for up to $50,000 in guaranteed acceptance critical illness insurance for themselves and up to $10,000 for their children. No medical questions are asked, and acceptance is guaranteed, regardless of medical history.
For more information, visit https://specialmarkets.ia.ca/applyata/home or call Capital Estate Planning at 780-463-6128 or 1-800-661-8755.
WORTH SHARING
A critical illness can devastate your finances. When you are sick, money is the last thing you want to consider. Critical illness insurance can help cover your costs. Visit https://specialmarkets.ia.ca/applyata/home or call Capital Estate Planning at 780-463-6128 or 1‑800-661-8755. #WEAREATA
#3 - TES - Criminal Record Checks
Criminal and Vulnerable Sector Checks—Time Is Running Out!
Effective September 1, 2022, Bill 85 amended the Education Act by adding a requirement to have updated criminal records and vulnerable sector checks. Section 2(7) of Bill 85 amended the Education Act by adding section 229.1, Criminal Record and Vulnerable Sector Checks. Bill 85 applies to those whose employment requires a certificate of qualification as a teacher, aleadership certificate or a superintendent leadership certificate. The legislation requires that the checks be completed by January 1, 2024 and must be updated every five years.
All school divisions must enforce the legislation and are required to ensure the results of those checks demonstrate that the teacher continues to be suitable for employment in their position. Failure to provide the necessary checks by the deadline imposed by the legislation, without some clear and demonstrable proof of the steps taken to obtain them, may result in a member encountering significant issues related to their employment relationship with their division. Teachers must comply with the legislation by providing the checks, even if their division has not offered a method or system to address the requirements.
Teachers do not have to incur the cost of the five-year criminal record check. Many divisions have worked with local law enforcement detachments to provide opportunities for members to obtain the checks. However, teachers who cannot provide the checks due to loss of the documents or failure to pick up or download them by the issuing agency’s deadline or starting new employment will be responsible for the cost of the initial check or its reissuance.
If you have a criminal conviction (or charge, subject to the terms of your employment contract) and failed to report this toyour division, you should seek the advice of Teacher Employment Services (1-800-232-7208). In this situation, most memberswould benefit from proactively addressing the issue with their division rather than waiting until their updated criminal record and vulnerable sector check is submitted.
WORTH SHARING
The deadline of January 1, 2024, is fast approaching for compliance with the Education Act to provide updated criminal and vulnerable sector checks. Teachers need to provide the checks to their division by the deadline to avoid potential issues. Contact Teacher Employment Services for more assistance. #WEAREATA
#4 - Calgary Public teachers - Going Home Reflections
We’d like to share a new resource, designed for school staff, called Going Home Reflections. Please help us share this widely with schools across Alberta.
Goals of Going Home Reflections:
Please visit these links to view and download all the materials you will need to use this free resource.
#1 - Criminal Record Check - Bill 85
The January 1, 2024 deadline to have a new criminal record check submitted to your employer is quickly approaching.
Last September, Bill 85 amended the Education Act and created a new requirement for updated criminal records and vulnerable sector checks for teachers. Individuals employed by a school board whose employment requires a certificate of qualification as a teacher, a leadership certificate, or a superintendent leadership certificate must submit a new record check every five years.
Key Details:
Who Is Affected? Bill 85 applies to those whose roles require any of the above listed certificates.
Deadline: Teachers need to provide the checks to their division by January 1, 2024 to avoid potential issues. The checks must then be updated every five years.
Timelines: Law enforcement agencies may need time to process record check applications. If you have not already submitted your application, you should act now without delay.
Non-Compliance: Failure to provide the necessary checks within the specified timeframe, without clear evidence of steps taken to obtain them, may result in significant employment-related issues.
Cost: Teachers are not required to bear the cost of the five-year criminal record check. Many divisions have collaborated with local law enforcement detachments to facilitate the process. However, teachers who cannot provide the checks due to reasons such as document loss, missed deadlines, or new employment will be responsible for the cost of the initial check or its reissuance.
Responsibility: School divisions are responsible for enforcing this legislation and ensuring that the results of these checks confirm the suitability of the teacher for their position.
Criminal Conviction Disclosure: If you have a criminal charge or conviction and have not reported this to your employer, we recommend seeking advice from Teacher Employment Services (1-800-232-7208). Proactively addressing this issue with your school division is advisable, especially if it may impact your updated criminal record and vulnerable sector check submission.
We understand that this may raise questions, and we are here to support you through this process. If you have any inquiries or require clarification, please do not hesitate to contact us.
Thank you,
The Alberta Teachers’ Association
#2 - Teacher Employment Services (TES) - Critical Illness Insurance
WORTH KNOWING
Critical Illness Insurance
Critical illness insurance is not something you want to think about. But it is protection you want to have should you become critically ill and no longer able to work. Money is one of the last things you want to have to worry about if you are diagnosed with cancer or suffer a heart attack, but a serious illness can devastate your finances.
Optional critical illness insurance can help with your finances while you focus on your recovery. It is one of the most cost-effective things you will ever do to protect your savings.
This type of insurance can give you a tax-free payment if you are diagnosed with a serious medical condition. Your contract will define which conditions are covered, but examples include cancer, heart attack and stroke.
Many assume that the Alberta Health Care Insurance Plan or workplace benefit plans (such as the Alberta School Employee Benefit Plan [ASEBP]) will cover many of the additional medical costs associated with a life-altering illness. However, these plans might not cover all the extra costs that come with managing a critical illness, such as home care, travel and accommodations, lost work wages, childcare, gas and meals. Over time, these expenses can add up.
Capital Estate Planning provides the Association’s Voluntary Benefits Program, a unique program built specifically for Alberta teachers and their families. This program includes critical illness insurance, group savings plans (RRSP, TFSA, RESP and RRIF), additional life insurance, and mortgage insurance.
Until November 30, 2023, teachers can apply for up to $50,000 in guaranteed acceptance critical illness insurance for themselves and up to $10,000 for their children. No medical questions are asked, and acceptance is guaranteed, regardless of medical history.
For more information, visit https://specialmarkets.ia.ca/applyata/home or call Capital Estate Planning at 780-463-6128 or 1-800-661-8755.
WORTH SHARING
A critical illness can devastate your finances. When you are sick, money is the last thing you want to consider. Critical illness insurance can help cover your costs. Visit https://specialmarkets.ia.ca/applyata/home or call Capital Estate Planning at 780-463-6128 or 1‑800-661-8755. #WEAREATA
#3 - TES - Criminal Record Checks
Criminal and Vulnerable Sector Checks—Time Is Running Out!
Effective September 1, 2022, Bill 85 amended the Education Act by adding a requirement to have updated criminal records and vulnerable sector checks. Section 2(7) of Bill 85 amended the Education Act by adding section 229.1, Criminal Record and Vulnerable Sector Checks. Bill 85 applies to those whose employment requires a certificate of qualification as a teacher, aleadership certificate or a superintendent leadership certificate. The legislation requires that the checks be completed by January 1, 2024 and must be updated every five years.
All school divisions must enforce the legislation and are required to ensure the results of those checks demonstrate that the teacher continues to be suitable for employment in their position. Failure to provide the necessary checks by the deadline imposed by the legislation, without some clear and demonstrable proof of the steps taken to obtain them, may result in a member encountering significant issues related to their employment relationship with their division. Teachers must comply with the legislation by providing the checks, even if their division has not offered a method or system to address the requirements.
Teachers do not have to incur the cost of the five-year criminal record check. Many divisions have worked with local law enforcement detachments to provide opportunities for members to obtain the checks. However, teachers who cannot provide the checks due to loss of the documents or failure to pick up or download them by the issuing agency’s deadline or starting new employment will be responsible for the cost of the initial check or its reissuance.
If you have a criminal conviction (or charge, subject to the terms of your employment contract) and failed to report this toyour division, you should seek the advice of Teacher Employment Services (1-800-232-7208). In this situation, most memberswould benefit from proactively addressing the issue with their division rather than waiting until their updated criminal record and vulnerable sector check is submitted.
WORTH SHARING
The deadline of January 1, 2024, is fast approaching for compliance with the Education Act to provide updated criminal and vulnerable sector checks. Teachers need to provide the checks to their division by the deadline to avoid potential issues. Contact Teacher Employment Services for more assistance. #WEAREATA
#4 - Calgary Public teachers - Going Home Reflections
We’d like to share a new resource, designed for school staff, called Going Home Reflections. Please help us share this widely with schools across Alberta.
Goals of Going Home Reflections:
- Provide tools to school staff that support a work-life balance
- Affirm the value of educators and the important role they play in the lives of children and youth, which further impacts the community
Please visit these links to view and download all the materials you will need to use this free resource.
- https://www.albertahealthservices.ca/amh/Page18509.aspx
- https://www.albertahealthservices.ca/amh/Page18516.aspx
- Going Home Reflections Promotion Poster
- Going Home Reflections Toolkit Guidebook
- Step by Step Guide
- Letting Go List from Jack James High School
- Letting go of the workday template
- Reflections 1 though 7
WORTH KNOWING
The Nature of Teaching Duties (Part 1)
Teaching duties are all the professional tasks encountered by teachers in the course of their activities related to the instruction of students, including
· conducting classes and presenting lessons,
· preparing lessons,
· requisitioning materials and equipment,
· evaluating and reporting on student progress and
· maintaining such classroom order as is necessary to promote a healthy learning climate.
Sections 196 and 197 of the Education Act form the legislative basis for these duties.
Education Act
196(1) A teacher while providing instruction or supervision must
(a) provide instruction competently to students;
(b) teach the courses of study and education programs that are prescribed, approved or authorized pursuant to this Act;
(c) promote goals and standards applicable to the provision of education adopted or approved pursuant to this Act;
(d) encourage and foster learning in students;
(e) regularly evaluate students and periodically report the results of the evaluation to the students, the students’ parents and the board;
(f) maintain, under the direction of the principal, order and discipline among the students while they are in the school or on the school grounds and while they are attending or participating in activities sponsored or approved by the board;
(g) subject to any applicable collective agreement and the teacher’s contract of employment, carry out those duties that are assigned to the teacher by the principal or the board.
(2) At any time during the period of time that a teacher is under an obligation to the board to provide instruction or supervision or to carry out duties assigned to the teacher by a principal or the board, a teacher must, at the request of the board,
(a) participate in curriculum development and field testing of new curriculum;
(b) develop, field test and mark provincial achievement tests and diploma examinations;
(c) supervise student teachers.
The Act further implies an expectation for teachers to carry out such general supervision of their students as may be required by law, by regulation or by agreement, in order to assist to a reasonable extent with the school program as agreed to by the staff. This expectation extends to cooperating with other teachers in the best interests of students and generally to acting as an engaged member of the school’s educational team.
While collective agreements provide Alberta teachers with limits on their assignable and instructional time, many duties required of teachers to fulfill their obligations fall into the category of professional time. In general, this professional time can be defined as the time that is directed by the teacher, including decisions about when and where the duties are done. Tasks that fall under professional time include the following:
· Marking
· Planning and creating instructional materials
· Personal professional development
Ø Reading
Ø Attending conferences and workshops
· Professional reflection
· Self-directed contact with parents outside assigned meetings and admin directive contact
· Providing additional assistance to students
· Collaborating with colleagues
The work time for these functions is not regulated in collective agreements, but they are obligations of the profession under the Education Act.
The Nature of Teaching Duties (Part 1)
Teaching duties are all the professional tasks encountered by teachers in the course of their activities related to the instruction of students, including
· conducting classes and presenting lessons,
· preparing lessons,
· requisitioning materials and equipment,
· evaluating and reporting on student progress and
· maintaining such classroom order as is necessary to promote a healthy learning climate.
Sections 196 and 197 of the Education Act form the legislative basis for these duties.
Education Act
196(1) A teacher while providing instruction or supervision must
(a) provide instruction competently to students;
(b) teach the courses of study and education programs that are prescribed, approved or authorized pursuant to this Act;
(c) promote goals and standards applicable to the provision of education adopted or approved pursuant to this Act;
(d) encourage and foster learning in students;
(e) regularly evaluate students and periodically report the results of the evaluation to the students, the students’ parents and the board;
(f) maintain, under the direction of the principal, order and discipline among the students while they are in the school or on the school grounds and while they are attending or participating in activities sponsored or approved by the board;
(g) subject to any applicable collective agreement and the teacher’s contract of employment, carry out those duties that are assigned to the teacher by the principal or the board.
(2) At any time during the period of time that a teacher is under an obligation to the board to provide instruction or supervision or to carry out duties assigned to the teacher by a principal or the board, a teacher must, at the request of the board,
(a) participate in curriculum development and field testing of new curriculum;
(b) develop, field test and mark provincial achievement tests and diploma examinations;
(c) supervise student teachers.
The Act further implies an expectation for teachers to carry out such general supervision of their students as may be required by law, by regulation or by agreement, in order to assist to a reasonable extent with the school program as agreed to by the staff. This expectation extends to cooperating with other teachers in the best interests of students and generally to acting as an engaged member of the school’s educational team.
While collective agreements provide Alberta teachers with limits on their assignable and instructional time, many duties required of teachers to fulfill their obligations fall into the category of professional time. In general, this professional time can be defined as the time that is directed by the teacher, including decisions about when and where the duties are done. Tasks that fall under professional time include the following:
· Marking
· Planning and creating instructional materials
· Personal professional development
Ø Reading
Ø Attending conferences and workshops
· Professional reflection
· Self-directed contact with parents outside assigned meetings and admin directive contact
· Providing additional assistance to students
· Collaborating with colleagues
The work time for these functions is not regulated in collective agreements, but they are obligations of the profession under the Education Act.
WORTH KNOWING
Pension Contribution Reductions for 2022
Every year the Alberta Teachers’ Retirement Fund (ATRF) develops an annual report that covers a wide variety of topics, including ATRF’s investment results, funding status, member services statistics and financial reporting. In 2021, ATRF continued to manage the challenges presented by the ongoing pandemic and the transfer of assets to the Alberta Investment Management Corporation (AIMCo), while still providing excellent service to members and excellent value for Alberta teachers and plan sponsors.
ATRF’s 2021 annual report, Together Through Change, provides teachers with detailed information on the following topics:
· ATRF’s performance and resilience over the past year during a period of major change
· A discussion of ATRF’s strategic plan
· Results from the most recent member survey
· Detailed information around plan structure and funding
· Funding objectives based on ATRF’s funding policy, and the funding status of the plans
· ATRF’s fund performance
· The transition of assets to AIMCo
· The announcement of another reduction in contribution rates
Management of Contribution Rates
Effective September 1, 2022, the total rates for the Teachers’ Pension Plan will be reduced by two per cent of salaries (one per cent for the Government of Alberta and one per cent for teachers). Several considerations went into this decision, including
· strong investment returns;
· prudent management that continues to build margins and reinforce the plan’s long-term sustainability; and
· the determination that the plan will be able to continue to meet funding objectives of benefit security, intergenerational equity, and contribution rate stability and affordability.
Managing the plan’s funded status requires making long-term decisions that maintain the health of the plan, with proactive measures in place in anticipation of future challenges. There are three main levers for the management of funded status of any pension plan. The first is the level and type of benefits offered, which are the plan sponsors’ decision. The ATRF board manages the two remaining levers to achieve long-term sustainability. First is the funding policy and setting the contributions paid by teachers and the government/employer, which determines how the plan is funded, and second is the investment policy, which sets out how the assets are invested. Contributions and investments provide capital with which to pay plan benefits as they become due and to fund the operations of ATRF.
Pension Contribution Reductions for 2022
Every year the Alberta Teachers’ Retirement Fund (ATRF) develops an annual report that covers a wide variety of topics, including ATRF’s investment results, funding status, member services statistics and financial reporting. In 2021, ATRF continued to manage the challenges presented by the ongoing pandemic and the transfer of assets to the Alberta Investment Management Corporation (AIMCo), while still providing excellent service to members and excellent value for Alberta teachers and plan sponsors.
ATRF’s 2021 annual report, Together Through Change, provides teachers with detailed information on the following topics:
· ATRF’s performance and resilience over the past year during a period of major change
· A discussion of ATRF’s strategic plan
· Results from the most recent member survey
· Detailed information around plan structure and funding
· Funding objectives based on ATRF’s funding policy, and the funding status of the plans
· ATRF’s fund performance
· The transition of assets to AIMCo
· The announcement of another reduction in contribution rates
Management of Contribution Rates
Effective September 1, 2022, the total rates for the Teachers’ Pension Plan will be reduced by two per cent of salaries (one per cent for the Government of Alberta and one per cent for teachers). Several considerations went into this decision, including
· strong investment returns;
· prudent management that continues to build margins and reinforce the plan’s long-term sustainability; and
· the determination that the plan will be able to continue to meet funding objectives of benefit security, intergenerational equity, and contribution rate stability and affordability.
Managing the plan’s funded status requires making long-term decisions that maintain the health of the plan, with proactive measures in place in anticipation of future challenges. There are three main levers for the management of funded status of any pension plan. The first is the level and type of benefits offered, which are the plan sponsors’ decision. The ATRF board manages the two remaining levers to achieve long-term sustainability. First is the funding policy and setting the contributions paid by teachers and the government/employer, which determines how the plan is funded, and second is the investment policy, which sets out how the assets are invested. Contributions and investments provide capital with which to pay plan benefits as they become due and to fund the operations of ATRF.
WORTH KNOWING
Eligible Educator School Supply Tax Credit (Line 46900) (AN UPDATE)
Unfortunately, it appears that teachers who claimed Line 46900--Eligible educator school supply tax credit (Line 46900) on their 2021 tax return will experience delays with their Notice of Assessment (and subsequent refunds).
The Canada Revenue Agency (CRA) has informed teachers who have inquired about their returns that they would not be processing the 2021 tax returns for anyone who has claimed Line 46900 until the Royal Assent of Bill C-8 has been passed. Bill C-8 includes an increase in the School Supplies Tax Credit from 15 per cent to 25 per cent. Based on inquiries by the Canadian Teachers’ Federation/Fédération canadienne des enseignantes et des enseignants (CTF/FCE), it appears that due to the combined effect of the late fall economic update that included the increased commitment, the late tabling of the bill to legislate the change and the minority government scenario, the government has been unable to pass this piece of legislation in the timeline they expected. As a result, teachers who claimed Line 46900 for their 2021 tax return should expect to see a delay of their Notice of Assessment.
The CTF/FCE has reached out to the Government of Canada to express their dissatisfaction that this expected delay was not communicated sooner and that other options outside of an indefinite delay until the Royal Assent of Bill C-8 were not explored. The CTF/FCE have written to staff in the Minister of Finance’s Office, the Minister of National Revenue’s Office and the Commissioner of Revenue’s Office. To date, only the Minister of National Revenue’s staff have responded and, while they recognized the severity of the issue and have agreed to provide support, they have encouraged the CTF/FCE to work directly with the Commissioner of Revenue.
If you are experiencing these delays, you are encouraged to contact the CTF/FCE’s Advocacy and Government Relations Coordinator, Mark Garcia via e-mail at [email protected].
Additionally, if you wish to express your concerns about these delays and the lack of communication from the CRA or the Government of Canada, you are encouraged to contact your local Member of Parliament to advocate for better channels of communication between the federal government and the CTF/FCE.
Eligible Educator School Supply Tax Credit (Line 46900) (AN UPDATE)
Unfortunately, it appears that teachers who claimed Line 46900--Eligible educator school supply tax credit (Line 46900) on their 2021 tax return will experience delays with their Notice of Assessment (and subsequent refunds).
The Canada Revenue Agency (CRA) has informed teachers who have inquired about their returns that they would not be processing the 2021 tax returns for anyone who has claimed Line 46900 until the Royal Assent of Bill C-8 has been passed. Bill C-8 includes an increase in the School Supplies Tax Credit from 15 per cent to 25 per cent. Based on inquiries by the Canadian Teachers’ Federation/Fédération canadienne des enseignantes et des enseignants (CTF/FCE), it appears that due to the combined effect of the late fall economic update that included the increased commitment, the late tabling of the bill to legislate the change and the minority government scenario, the government has been unable to pass this piece of legislation in the timeline they expected. As a result, teachers who claimed Line 46900 for their 2021 tax return should expect to see a delay of their Notice of Assessment.
The CTF/FCE has reached out to the Government of Canada to express their dissatisfaction that this expected delay was not communicated sooner and that other options outside of an indefinite delay until the Royal Assent of Bill C-8 were not explored. The CTF/FCE have written to staff in the Minister of Finance’s Office, the Minister of National Revenue’s Office and the Commissioner of Revenue’s Office. To date, only the Minister of National Revenue’s staff have responded and, while they recognized the severity of the issue and have agreed to provide support, they have encouraged the CTF/FCE to work directly with the Commissioner of Revenue.
If you are experiencing these delays, you are encouraged to contact the CTF/FCE’s Advocacy and Government Relations Coordinator, Mark Garcia via e-mail at [email protected].
Additionally, if you wish to express your concerns about these delays and the lack of communication from the CRA or the Government of Canada, you are encouraged to contact your local Member of Parliament to advocate for better channels of communication between the federal government and the CTF/FCE.
WORTH KNOWING
Eligible Educator School Supply Tax Credit (Line 46900)
Unfortunately, it appears that teachers who claimed Line 46900--Eligible educator school supply tax credit (Line 46900) on their 2021 tax return will experience delays with their Notice of Assessment (and subsequent refunds).
The Canada Revenue Agency (CRA) has informed teachers who have inquired about their returns that they would not be processing the 2021 tax returns for anyone who has claimed Line 46900 until the Royal Assent of Bill C-8 has been passed. Bill C-8 includes an increase in the School Supplies Tax Credit from 15 per cent to 25 per cent. Based on inquiries by the Canadian Teachers’ Federation/Fédération canadienne des enseignantes et des enseignants (CTF/FCE), it appears that due to the combined effect of the late fall economic update that included the increased commitment, the late tabling of the bill to legislate the change and the minority government scenario, the government has been unable to pass this piece of legislation in the timeline they expected. As a result, teachers who claimed Line 46900 for their 2021 tax return should expect to see a delay of their Notice of Assessment.
The CTF/FCE has reached out to the Government of Canada to express their dissatisfaction that this expected delay was not communicated sooner and that other options outside of an indefinite delay until the Royal Assent of Bill C-8 were not explored. The CTF/FCE have written to staff in the Minister of Finance’s Office, the Minister of National Revenue’s Office and the Commissioner of Revenue’s Office. To date, only the Minister of National Revenue’s staff have responded and, while they recognized the severity of the issue and have agreed to provide support, they have encouraged the CTF/FCE to work directly with the Commissioner of Revenue.
If you are experiencing these delays, you are encouraged to contact the CTF/FCE’s Advocacy and Government Relations Coordinator, Mark Garcia via e-mail at [email protected].
Additionally, if you wish to express your concerns about these delays and the lack of communication from the CRA or the Government of Canada, you are encouraged to contact your local Member of Parliament to advocate for better channels of communication between the federal government and the CTF/FCE.
Eligible Educator School Supply Tax Credit (Line 46900)
Unfortunately, it appears that teachers who claimed Line 46900--Eligible educator school supply tax credit (Line 46900) on their 2021 tax return will experience delays with their Notice of Assessment (and subsequent refunds).
The Canada Revenue Agency (CRA) has informed teachers who have inquired about their returns that they would not be processing the 2021 tax returns for anyone who has claimed Line 46900 until the Royal Assent of Bill C-8 has been passed. Bill C-8 includes an increase in the School Supplies Tax Credit from 15 per cent to 25 per cent. Based on inquiries by the Canadian Teachers’ Federation/Fédération canadienne des enseignantes et des enseignants (CTF/FCE), it appears that due to the combined effect of the late fall economic update that included the increased commitment, the late tabling of the bill to legislate the change and the minority government scenario, the government has been unable to pass this piece of legislation in the timeline they expected. As a result, teachers who claimed Line 46900 for their 2021 tax return should expect to see a delay of their Notice of Assessment.
The CTF/FCE has reached out to the Government of Canada to express their dissatisfaction that this expected delay was not communicated sooner and that other options outside of an indefinite delay until the Royal Assent of Bill C-8 were not explored. The CTF/FCE have written to staff in the Minister of Finance’s Office, the Minister of National Revenue’s Office and the Commissioner of Revenue’s Office. To date, only the Minister of National Revenue’s staff have responded and, while they recognized the severity of the issue and have agreed to provide support, they have encouraged the CTF/FCE to work directly with the Commissioner of Revenue.
If you are experiencing these delays, you are encouraged to contact the CTF/FCE’s Advocacy and Government Relations Coordinator, Mark Garcia via e-mail at [email protected].
Additionally, if you wish to express your concerns about these delays and the lack of communication from the CRA or the Government of Canada, you are encouraged to contact your local Member of Parliament to advocate for better channels of communication between the federal government and the CTF/FCE.
WORTH KNOWING
Changes to Public Health Policy and School Safety
Alberta premier Jason Kenney has announced that effective Sunday, February 13, 2022, at 11:59 pm, the province will no longer require masking for children and youth in schools or for Albertans aged 12 and under in any setting. The target date for the second phase of the government’s plan is March 1, when the province plans to remove the remaining restrictions, including the indoor mask mandate, work-from-home requirements, remaining capacity limits, limits on social gatherings and screening for youth activities.
The abrupt changes during the latest COVID-19 provincial update have left Alberta teachers with many questions about the safety of their workplaces and their employers’ responsibilities. Here are some key points of information:
· School divisions are legally able to maintain a mask mandate; however, even if they maintain the mandate, divisions cannot refuse entry or access to students because of their individual and personal choice not to wear a mask.
· Amendments made to the Occupational Health and Safety Act (OHS Act) in December 2021 significantly changed the concept of dangerous work and the right to refuse dangerous work (section 17 of the OHS Act). Currently, the OHS Act enables workers to refuse work only if they reasonably believe that there is an undue hazard at the work site or that particular work poses an undue hazard to themselves or others.
o In this section of the OHS Act, “undue hazard” in relation to any occupation includes a hazard that poses a serious and immediate threat to the health and safety of a person.
o The act provides examples of undue hazards, such as
§ sudden infrastructure collapses that result in an unsafe physical environment or
§ a danger that would normally stop work, such as broken or damaged tools/equipment, or a gas leak.
· An undue hazard is a serious and immediate threat to health and safety that the refusing worker actually observes or experiences at their work site.
· In refusing the work, in s 17(3) of the OHS Act, the worker needs to ensure, as far as it is reasonable to do so, that the refusal does not endanger the health and safety of any other person. This could create a challenge for a teacher refusing the work and its impact on the students.
General health and safety concerns are not dealt with under the work refusal process, as they are not considered undue hazards. While a respiratory virus can be serious, it can be open to interpretation as to whether a respiratory illness is seen as a serious and immediate threat, particularly in the context of the experience gained with COVID-19. This is where the hazard assessment and controls come into play. A possible avenue to discuss the controls in place and to address potential refusals to perform work based on concerns related to coronavirus could be to work with the joint health and safety committee. Employers must work with the committee in responding to concerns.
What Can Teachers Do?
Alberta teachers can raise concerns about their work environment if they reasonably believe there is an “undue hazard.” They need to do this promptly and with their supervisor, who is likely the principal or the designated person on the health and safety committee.
Teachers can also reach out to their local and the health and safety committee and request that masking be discussed. Even with the changes announced by the Government of Alberta, employers are still required to conduct hazard assessments and use the suite of controls, which include
1. engineering controls—ventilation and physical barriers;
2. administrative controls—training, hand hygiene, physical distancing and so on; and
3. personal protective equipment (PPE).
Changes to Public Health Policy and School Safety
Alberta premier Jason Kenney has announced that effective Sunday, February 13, 2022, at 11:59 pm, the province will no longer require masking for children and youth in schools or for Albertans aged 12 and under in any setting. The target date for the second phase of the government’s plan is March 1, when the province plans to remove the remaining restrictions, including the indoor mask mandate, work-from-home requirements, remaining capacity limits, limits on social gatherings and screening for youth activities.
The abrupt changes during the latest COVID-19 provincial update have left Alberta teachers with many questions about the safety of their workplaces and their employers’ responsibilities. Here are some key points of information:
· School divisions are legally able to maintain a mask mandate; however, even if they maintain the mandate, divisions cannot refuse entry or access to students because of their individual and personal choice not to wear a mask.
· Amendments made to the Occupational Health and Safety Act (OHS Act) in December 2021 significantly changed the concept of dangerous work and the right to refuse dangerous work (section 17 of the OHS Act). Currently, the OHS Act enables workers to refuse work only if they reasonably believe that there is an undue hazard at the work site or that particular work poses an undue hazard to themselves or others.
o In this section of the OHS Act, “undue hazard” in relation to any occupation includes a hazard that poses a serious and immediate threat to the health and safety of a person.
o The act provides examples of undue hazards, such as
§ sudden infrastructure collapses that result in an unsafe physical environment or
§ a danger that would normally stop work, such as broken or damaged tools/equipment, or a gas leak.
· An undue hazard is a serious and immediate threat to health and safety that the refusing worker actually observes or experiences at their work site.
· In refusing the work, in s 17(3) of the OHS Act, the worker needs to ensure, as far as it is reasonable to do so, that the refusal does not endanger the health and safety of any other person. This could create a challenge for a teacher refusing the work and its impact on the students.
General health and safety concerns are not dealt with under the work refusal process, as they are not considered undue hazards. While a respiratory virus can be serious, it can be open to interpretation as to whether a respiratory illness is seen as a serious and immediate threat, particularly in the context of the experience gained with COVID-19. This is where the hazard assessment and controls come into play. A possible avenue to discuss the controls in place and to address potential refusals to perform work based on concerns related to coronavirus could be to work with the joint health and safety committee. Employers must work with the committee in responding to concerns.
What Can Teachers Do?
Alberta teachers can raise concerns about their work environment if they reasonably believe there is an “undue hazard.” They need to do this promptly and with their supervisor, who is likely the principal or the designated person on the health and safety committee.
- OHS requires the employer to remedy or stop work and inspect and, where possible, remedy the hazard immediately.
- If an inspection is completed, the employer must write a work refusal report. A copy of this report must be given to the teacher.
- The employer can require a refusing worker to resume work if the hazard has been remedied or if it has been assessed that there is no hazard and the work refusal report was shared with the worker.
Teachers can also reach out to their local and the health and safety committee and request that masking be discussed. Even with the changes announced by the Government of Alberta, employers are still required to conduct hazard assessments and use the suite of controls, which include
1. engineering controls—ventilation and physical barriers;
2. administrative controls—training, hand hygiene, physical distancing and so on; and
3. personal protective equipment (PPE).
WORTH KNOWING
Teacher Evaluations
Your principal will be formally evaluating your teaching practice. What does this mean? What do you need to do?
Teacher evaluation is a formal process of gathering information or evidence about a teacher’s competence in relation to the Teaching Quality Standard (TQS). While evaluation processes vary based on the context of the teacher’s teaching assignment, one way for an evaluation to take place is through several planned and unplanned classroom observations. Evaluation processes differ across the province based on each school division’s administrative procedures, but all school divisions must follow the provincial Teacher Growth, Supervision and Evaluation Policy framework.
The policy articulates that teacher evaluations may be conducted
(a) upon the written request of the teacher;
(b) for purposes of gathering information related to a specific employment decision;
(c) for purposes of assessing the growth of the teacher in specific areas of practice;
(d) when, on the basis of information received through supervision, the principal has reason to believe that the teaching of the teacher may not meet the teaching quality standard.
Teachers Without a Continuing Contract
Teachers without a continuing contract are often evaluated in accordance with reason (b) above. School divisions must evaluate teachers with probationary contracts to decide on their potential future employment. Depending on the school division’s teacher growth, supervision and evaluation administrative procedure, a teacher with a temporary contract may be evaluated for the same reason.
Teachers With a Continuing Contract
Teachers with a continuing contract are assumed competent because the division has already evaluated them when they worked on a probationary contract. Generally, teachers who have demonstrated competence during the supervision process are not evaluated. However, if the principal identifies concerns, an evaluation may be initiated in accordance with reason (d) above.
The Supervision Process
The supervision process that precedes a potential evaluation must focus on growth, support and guidance. If a principal has concerns about a teacher’s teaching practice, the principal should work with the teacher to identify the concerns and offer feedback, guidance and support. Ideally, the teacher would respond appropriately to these concerns and make changes to their practice accordingly. It is only after unsuccessful attempts to improve the teacher’s practice that a principal may initiate an evaluation. If you are a continuing contract teacher and your principal wants to formally evaluate your teaching practice without identifying any areas of concern or offering to support and guide your practice, an evaluation may be premature. Call Teacher Employment Services (TES) for advice.
The provincial Teacher Growth, Supervision and Evaluation Policy identifies several processes that school divisions must follow when a principal conducts a teacher evaluation to ensure that the evaluation is fair and provides a clear, stable, achievable target for the teacher to achieve. For example, a principal must explicitly communicate to the teacher the reasons for and purposes of the evaluation; the process, criteria and standards to be used; the timelines to be applied; and the possible outcomes. While the provincial policy provides these safeguards for teachers, it does not dictate the exact process that must be used. More specific processes, such as a minimum number of individual classroom observations or applicable time frames, are generally found in the school division’s administrative procedure.
At the conclusion of an evaluation, the teacher should receive a copy of the completed evaluation report that includes the information and evidence that were collected, identifies areas of strength and growth, and shows how the evidence applies to the TQS and whether the teacher’s practice meets the TQS. When being presented with this evaluation report, teachers should also be provided with the opportunity to share their thoughts. Sometimes the report requires a teacher’s signature, which does not mean that they agree with all of its contents but rather confirms that they have received a copy.
Next Steps After an Evaluation
For teachers with continuing contracts, the outcome of the evaluation generally informs the next steps. If the teacher meets the TQS, the evaluation process ends and the principal’s usual supervisory practices would follow. If the TQS is not met, a period of remediation with significant, targeted supports should follow. Call TES for any questions regarding remediation.
For teachers with probationary contracts, it is common for the principal to recommend potential future employment status with the school division. Because staffing is based on various factors, this recommendation is not a guarantee of employment.
Teachers have the right to Association advice throughout the entire process. If you have any questions about an evaluation or the process of supervision that you believe may be leading to an evaluation, please call TES for advice tailored to your specific circumstances.
Teacher Evaluations
Your principal will be formally evaluating your teaching practice. What does this mean? What do you need to do?
Teacher evaluation is a formal process of gathering information or evidence about a teacher’s competence in relation to the Teaching Quality Standard (TQS). While evaluation processes vary based on the context of the teacher’s teaching assignment, one way for an evaluation to take place is through several planned and unplanned classroom observations. Evaluation processes differ across the province based on each school division’s administrative procedures, but all school divisions must follow the provincial Teacher Growth, Supervision and Evaluation Policy framework.
The policy articulates that teacher evaluations may be conducted
(a) upon the written request of the teacher;
(b) for purposes of gathering information related to a specific employment decision;
(c) for purposes of assessing the growth of the teacher in specific areas of practice;
(d) when, on the basis of information received through supervision, the principal has reason to believe that the teaching of the teacher may not meet the teaching quality standard.
Teachers Without a Continuing Contract
Teachers without a continuing contract are often evaluated in accordance with reason (b) above. School divisions must evaluate teachers with probationary contracts to decide on their potential future employment. Depending on the school division’s teacher growth, supervision and evaluation administrative procedure, a teacher with a temporary contract may be evaluated for the same reason.
Teachers With a Continuing Contract
Teachers with a continuing contract are assumed competent because the division has already evaluated them when they worked on a probationary contract. Generally, teachers who have demonstrated competence during the supervision process are not evaluated. However, if the principal identifies concerns, an evaluation may be initiated in accordance with reason (d) above.
The Supervision Process
The supervision process that precedes a potential evaluation must focus on growth, support and guidance. If a principal has concerns about a teacher’s teaching practice, the principal should work with the teacher to identify the concerns and offer feedback, guidance and support. Ideally, the teacher would respond appropriately to these concerns and make changes to their practice accordingly. It is only after unsuccessful attempts to improve the teacher’s practice that a principal may initiate an evaluation. If you are a continuing contract teacher and your principal wants to formally evaluate your teaching practice without identifying any areas of concern or offering to support and guide your practice, an evaluation may be premature. Call Teacher Employment Services (TES) for advice.
The provincial Teacher Growth, Supervision and Evaluation Policy identifies several processes that school divisions must follow when a principal conducts a teacher evaluation to ensure that the evaluation is fair and provides a clear, stable, achievable target for the teacher to achieve. For example, a principal must explicitly communicate to the teacher the reasons for and purposes of the evaluation; the process, criteria and standards to be used; the timelines to be applied; and the possible outcomes. While the provincial policy provides these safeguards for teachers, it does not dictate the exact process that must be used. More specific processes, such as a minimum number of individual classroom observations or applicable time frames, are generally found in the school division’s administrative procedure.
At the conclusion of an evaluation, the teacher should receive a copy of the completed evaluation report that includes the information and evidence that were collected, identifies areas of strength and growth, and shows how the evidence applies to the TQS and whether the teacher’s practice meets the TQS. When being presented with this evaluation report, teachers should also be provided with the opportunity to share their thoughts. Sometimes the report requires a teacher’s signature, which does not mean that they agree with all of its contents but rather confirms that they have received a copy.
Next Steps After an Evaluation
For teachers with continuing contracts, the outcome of the evaluation generally informs the next steps. If the teacher meets the TQS, the evaluation process ends and the principal’s usual supervisory practices would follow. If the TQS is not met, a period of remediation with significant, targeted supports should follow. Call TES for any questions regarding remediation.
For teachers with probationary contracts, it is common for the principal to recommend potential future employment status with the school division. Because staffing is based on various factors, this recommendation is not a guarantee of employment.
Teachers have the right to Association advice throughout the entire process. If you have any questions about an evaluation or the process of supervision that you believe may be leading to an evaluation, please call TES for advice tailored to your specific circumstances.
WORTH KNOWING
Teachers and Violence in the Workplace
Part 27 of the Occupational Health and Safety Code identifies violence as a workplace hazard, and it is defined as “the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury.”
Examples of workplace violence follow
· threatening behaviour such as shaking fists, destroying property or throwing objects;
· verbal or written threats (any expression of intent to cause harm); and
· physical attacks such as hitting, shoving, pushing or kicking.
Teachers may face violence while at work in various ways. Unfortunately, it is becoming common for teachers to experience violence when dealing with students who have behavioural difficulties. Teachers may also face violence from parents, colleagues and members of the public, and by being in close proximity to an altercation between other people.
The first step is to ensure that violence is recognized as a hazard on the hazard assessment. It is important to note that the potential behaviour is the hazard, not a specific person. A hazard assessment applies to the entire work site, not just a classroom or a situation where a student with violent behaviour has been identified. It is also possible that in a work site where no student with violent behaviour has been identified, that work site may experience a violent event, and that possibility must be noted on a hazard assessment.
When a hazard is observed, the teacher must evaluate their own risk regarding the potential frequency exposure to the hazard as well as the potential severity of any injury as a result of the hazard. This level of risk may be different for each individual teacher depending on their circumstance and assignment.
Like many workplace hazards, elimination is ideal but may not be possible. Therefore, controls must be identified and implemented to mitigate the risk associated with the hazard to the highest degree possible. Hazard assessments and the identification of controls require participation by all work site parties affected by the hazard.
The first choice of these controls is to engineer the workplace to isolate people from the hazard. For example, school doors are often locked, and visitors must check in at the office. In a classroom, the configuration of furniture and placement of the teacher’s desk and workspace should reduce a student’s ability to aggressively approach the teacher.
If the hazard cannot be controlled by engineering alone, adding administrative controls is the next choice. This involves changing how people work and implementing procedures. When working with a student with behavioural challenges, many of the administrative controls should be found in the student’s behaviour support plan. This may include a process for intervention from administration or the student’s parents.
Finally, if the hazard is still not controlled, personal protective equipment is added to the suite of controls in place. This includes any equipment that would act as a barrier between the teacher and the student so that if the student becomes aggressive, injury to the teacher would be unlikely.
Often, hazards are controlled by a combination of engineering controls, administrative controls and personal protective equipment. If a teacher believes that the hazards are not being adequately controlled, they should contact Teacher Employment Services (TES) for advice (1‑800‑232‑7208).
Everyone at the school must follow the protocols put in place to control identified hazards. As well, any concerns about unsafe conditions or controls that are not working or not being followed must be promptly communicated to the principal. This can result in a review of the hazard assessment and a modification of the controls in place, helping to ensure the health and safety of everyone at the school.
Teachers and Violence in the Workplace
Part 27 of the Occupational Health and Safety Code identifies violence as a workplace hazard, and it is defined as “the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury.”
Examples of workplace violence follow
· threatening behaviour such as shaking fists, destroying property or throwing objects;
· verbal or written threats (any expression of intent to cause harm); and
· physical attacks such as hitting, shoving, pushing or kicking.
Teachers may face violence while at work in various ways. Unfortunately, it is becoming common for teachers to experience violence when dealing with students who have behavioural difficulties. Teachers may also face violence from parents, colleagues and members of the public, and by being in close proximity to an altercation between other people.
The first step is to ensure that violence is recognized as a hazard on the hazard assessment. It is important to note that the potential behaviour is the hazard, not a specific person. A hazard assessment applies to the entire work site, not just a classroom or a situation where a student with violent behaviour has been identified. It is also possible that in a work site where no student with violent behaviour has been identified, that work site may experience a violent event, and that possibility must be noted on a hazard assessment.
When a hazard is observed, the teacher must evaluate their own risk regarding the potential frequency exposure to the hazard as well as the potential severity of any injury as a result of the hazard. This level of risk may be different for each individual teacher depending on their circumstance and assignment.
Like many workplace hazards, elimination is ideal but may not be possible. Therefore, controls must be identified and implemented to mitigate the risk associated with the hazard to the highest degree possible. Hazard assessments and the identification of controls require participation by all work site parties affected by the hazard.
The first choice of these controls is to engineer the workplace to isolate people from the hazard. For example, school doors are often locked, and visitors must check in at the office. In a classroom, the configuration of furniture and placement of the teacher’s desk and workspace should reduce a student’s ability to aggressively approach the teacher.
If the hazard cannot be controlled by engineering alone, adding administrative controls is the next choice. This involves changing how people work and implementing procedures. When working with a student with behavioural challenges, many of the administrative controls should be found in the student’s behaviour support plan. This may include a process for intervention from administration or the student’s parents.
Finally, if the hazard is still not controlled, personal protective equipment is added to the suite of controls in place. This includes any equipment that would act as a barrier between the teacher and the student so that if the student becomes aggressive, injury to the teacher would be unlikely.
Often, hazards are controlled by a combination of engineering controls, administrative controls and personal protective equipment. If a teacher believes that the hazards are not being adequately controlled, they should contact Teacher Employment Services (TES) for advice (1‑800‑232‑7208).
Everyone at the school must follow the protocols put in place to control identified hazards. As well, any concerns about unsafe conditions or controls that are not working or not being followed must be promptly communicated to the principal. This can result in a review of the hazard assessment and a modification of the controls in place, helping to ensure the health and safety of everyone at the school.
WORTH KNOWING
Travelling During a Pandemic (Information as of 2021-11-01)
With borders reopening and the holiday season fast approaching, information to assist teachers with decision making related to travel is important. An employer cannot direct what teachers do on their personal time. A decision to travel may have consequences, but that decision remains with the teacher. As always, the Association advises teachers to call for assistance with personal situations, as every situation may be slightly different.
Alberta Health Services (AHS) guidelines and restrictions remain in effect and can be found at www.albertahealthservices.ca. As well, travel advisories greatly affect travel plans, and it is the traveller’s responsibility to check on these. Remember that not only are there international travel restrictions, but there are also provincial restrictions. These restrictions continue to change. Be sure to check on all travel advisories at https://travel.gc.ca/travelling/advisories.
Here are some questions you should consider:
· What is the destination country’s vaccine requirement?
· What documentation do you need upon arrival or departure?
· What is required if you start to exhibit COVID-19 symptoms?
· What is your plan if self-isolation is required, either upon arriving at your destination or upon returning to Canada?
Some of these requirements may affect your ability to return to work after the holiday and may exacerbate potential issues with your employer.
If you are sick, for whatever reason, you are entitled to sick leave provisions in your collective agreement. If you are required to quarantine because you are exhibiting symptoms and are sick, you are entitled to sick leave as per your collective agreement. (Some teachers have 90 days and some have statutory sick leave of 20 days per year.) Sick leave entitlement is not affected by travel in any way.
Problems with a return to work as the result of other issues (such as a delayed flight) are managed with collective agreement days off, such as personal days or days off without pay. If you are not sick but are required to quarantine, you must take that time without pay, as travel is a personal choice and is unpredictable at this time, or use applicable leaves in your collective agreement (such as personal days) for the quarantine period.
As for benefits and travel, some aspects of your medical coverage may not be in effect if you travel internationally when advised not to do so. Check with your medical benefits insurer for the specific details of your plan. If you have Alberta School Employee Benefit Plan (ASEBP) coverage, contact ASEBP before you travel and review the details at www.asebp.ca/my-benefits. If you are a teacher with coverage other than ASEBP, contact your benefits provider before travelling to ensure that, in the current conditions, you are covered for all aspects of the trip (from quarantine costs, such as hotel rooms, to costs related to having to change flights).
Further information or assistance is available by calling Teacher Employment Services at 1‑800‑232‑7208.
Travelling During a Pandemic (Information as of 2021-11-01)
With borders reopening and the holiday season fast approaching, information to assist teachers with decision making related to travel is important. An employer cannot direct what teachers do on their personal time. A decision to travel may have consequences, but that decision remains with the teacher. As always, the Association advises teachers to call for assistance with personal situations, as every situation may be slightly different.
Alberta Health Services (AHS) guidelines and restrictions remain in effect and can be found at www.albertahealthservices.ca. As well, travel advisories greatly affect travel plans, and it is the traveller’s responsibility to check on these. Remember that not only are there international travel restrictions, but there are also provincial restrictions. These restrictions continue to change. Be sure to check on all travel advisories at https://travel.gc.ca/travelling/advisories.
Here are some questions you should consider:
· What is the destination country’s vaccine requirement?
· What documentation do you need upon arrival or departure?
· What is required if you start to exhibit COVID-19 symptoms?
· What is your plan if self-isolation is required, either upon arriving at your destination or upon returning to Canada?
Some of these requirements may affect your ability to return to work after the holiday and may exacerbate potential issues with your employer.
If you are sick, for whatever reason, you are entitled to sick leave provisions in your collective agreement. If you are required to quarantine because you are exhibiting symptoms and are sick, you are entitled to sick leave as per your collective agreement. (Some teachers have 90 days and some have statutory sick leave of 20 days per year.) Sick leave entitlement is not affected by travel in any way.
Problems with a return to work as the result of other issues (such as a delayed flight) are managed with collective agreement days off, such as personal days or days off without pay. If you are not sick but are required to quarantine, you must take that time without pay, as travel is a personal choice and is unpredictable at this time, or use applicable leaves in your collective agreement (such as personal days) for the quarantine period.
As for benefits and travel, some aspects of your medical coverage may not be in effect if you travel internationally when advised not to do so. Check with your medical benefits insurer for the specific details of your plan. If you have Alberta School Employee Benefit Plan (ASEBP) coverage, contact ASEBP before you travel and review the details at www.asebp.ca/my-benefits. If you are a teacher with coverage other than ASEBP, contact your benefits provider before travelling to ensure that, in the current conditions, you are covered for all aspects of the trip (from quarantine costs, such as hotel rooms, to costs related to having to change flights).
Further information or assistance is available by calling Teacher Employment Services at 1‑800‑232‑7208.
WORTH DOING
Moneytalk: Q&A
Short on time? Want to cut straight to the chase? Attend a brief Zoom meeting to have your money questions answered!
Moneytalk: Q&A is a half-hour session dedicated to your financial questions. Here are just a few examples of those burning questions you’d love to have answered:
Should I purchase an RRSP, or should I go with a TFSA instead?
How does the Home Buyers’ Plan work?
Wait—the government will give me money for my RESP?
Capital Estate Planning—the people who brought you the ATA Financial Wellness sessions last year—will provide expert advice on these questions and more.
Rick Harcourt, Professional Financial Advisor, manages the ATA Voluntary Benefit Program for Capital Estate Planning. He has been the featured speaker at the ATA Financial Wellness sessions and provincewide pre-retirement workshops.
The Moneytalk: Q&A session is free and will be held 4:00–4:30 pm on November 24, 2021, and February 9, 2022.
Register for the date of your choice here:
November 24, 2021: Register here. February 9, 2022: Register here.
A Zoom link will be sent to all registrants closer to the date of the session.
Moneytalk: Q&A
Short on time? Want to cut straight to the chase? Attend a brief Zoom meeting to have your money questions answered!
Moneytalk: Q&A is a half-hour session dedicated to your financial questions. Here are just a few examples of those burning questions you’d love to have answered:
Should I purchase an RRSP, or should I go with a TFSA instead?
How does the Home Buyers’ Plan work?
Wait—the government will give me money for my RESP?
Capital Estate Planning—the people who brought you the ATA Financial Wellness sessions last year—will provide expert advice on these questions and more.
Rick Harcourt, Professional Financial Advisor, manages the ATA Voluntary Benefit Program for Capital Estate Planning. He has been the featured speaker at the ATA Financial Wellness sessions and provincewide pre-retirement workshops.
The Moneytalk: Q&A session is free and will be held 4:00–4:30 pm on November 24, 2021, and February 9, 2022.
Register for the date of your choice here:
November 24, 2021: Register here. February 9, 2022: Register here.
A Zoom link will be sent to all registrants closer to the date of the session.
WORTH KNOWING
Changes to Employment Insurance
The employment insurance system has been amended as of September 26, 2021. Many of the key changes will apply only to new claims made for benefits beginning September 26, 2021 and are still pandemic related.
Eligibility
Teachers applying for employment insurance (EI) will need to have worked a minimum number of hours to qualify for benefits. Previously, teachers needed 600 hours to qualify for maternity or parental benefits; if they applied for regular benefits, the number of insurable hours required to qualify varied in different parts of the province, based on local labour market conditions.
Over the last year, all new EI applicants received a one-time hours top-up to help them qualify, but this requirement has been amended. As a result, teachers will need to have accumulated 420 hours of insurable employment during their qualifying period to be eligible for EI benefits until September 24, 2022.
Further, to access EI sickness benefits, teachers will now be required to submit a medical certificate proving they are ill and unable to work. The requirement was waived temporarily over the last year because of COVID-19.
Maternity and Parental Benefits
Employment Insurance maternity and parental benefits entitle teachers to receive 55 per cent of their earnings, to a maximum of $595 per week. If a teacher’s claim starts between September 26, 2021 and November 20, 2021, the teacher will receive at least $300 per week before taxes, but could receive more. For extended parental benefits, teachers will receive at least $180 per week before taxes, but could also receive more. The weekly floor is planned to apply to claims made between September 26 and November 20.
No one with an existing EI claim will experience any changes to the value or duration of their benefits under these new rules.
Changes to Employment Insurance
The employment insurance system has been amended as of September 26, 2021. Many of the key changes will apply only to new claims made for benefits beginning September 26, 2021 and are still pandemic related.
Eligibility
Teachers applying for employment insurance (EI) will need to have worked a minimum number of hours to qualify for benefits. Previously, teachers needed 600 hours to qualify for maternity or parental benefits; if they applied for regular benefits, the number of insurable hours required to qualify varied in different parts of the province, based on local labour market conditions.
Over the last year, all new EI applicants received a one-time hours top-up to help them qualify, but this requirement has been amended. As a result, teachers will need to have accumulated 420 hours of insurable employment during their qualifying period to be eligible for EI benefits until September 24, 2022.
Further, to access EI sickness benefits, teachers will now be required to submit a medical certificate proving they are ill and unable to work. The requirement was waived temporarily over the last year because of COVID-19.
Maternity and Parental Benefits
Employment Insurance maternity and parental benefits entitle teachers to receive 55 per cent of their earnings, to a maximum of $595 per week. If a teacher’s claim starts between September 26, 2021 and November 20, 2021, the teacher will receive at least $300 per week before taxes, but could receive more. For extended parental benefits, teachers will receive at least $180 per week before taxes, but could also receive more. The weekly floor is planned to apply to claims made between September 26 and November 20.
No one with an existing EI claim will experience any changes to the value or duration of their benefits under these new rules.
Which teachers have assignable time limits?
Any teacher whose primary function is to provide instruction to students is subject to the applicable teacher instructional and assignable time limits. This includes lead teachers and teachers who are in receipt of an allowance but who do not have administrative designations. Part-time teachers are prorated on the average instructional time of a teacher at that school. Refer to your collective agreement for times, or call Teacher Employment Services at 1‑800‑232‑7208.
Which teachers are not subject to assignable time limits?
These are teachers with administrative designations whose primary function is not instruction, including those teachers who have principal in their titles (that is, principals, vice-principals, assistant principals). Central office staff (for example, psychologist, director of special education, interschool coordinator) may not be subject to the time limits, provided that their primary function is not instruction of students.
Which teachers are subject to the instructional time limits?
• Any teacher whose primary function is to provide instruction to students is subject to the applicable teacher instructional and assignable time limits.
• This includes lead teachers and teachers in receipt of an allowance but who do not have administrative designations.
• This also includes teachers who are supervising the instruction provided by another certificated teacher or nonteacher (for example, preservice teacher or instructor of students in the Registered Apprentice Program).
Any teacher whose primary function is to provide instruction to students is subject to the applicable teacher instructional and assignable time limits. This includes lead teachers and teachers who are in receipt of an allowance but who do not have administrative designations. Part-time teachers are prorated on the average instructional time of a teacher at that school. Refer to your collective agreement for times, or call Teacher Employment Services at 1‑800‑232‑7208.
Which teachers are not subject to assignable time limits?
These are teachers with administrative designations whose primary function is not instruction, including those teachers who have principal in their titles (that is, principals, vice-principals, assistant principals). Central office staff (for example, psychologist, director of special education, interschool coordinator) may not be subject to the time limits, provided that their primary function is not instruction of students.
Which teachers are subject to the instructional time limits?
• Any teacher whose primary function is to provide instruction to students is subject to the applicable teacher instructional and assignable time limits.
• This includes lead teachers and teachers in receipt of an allowance but who do not have administrative designations.
• This also includes teachers who are supervising the instruction provided by another certificated teacher or nonteacher (for example, preservice teacher or instructor of students in the Registered Apprentice Program).
WORTH KNOWING
Requests to Change Report Card Marks or Comments
Imagine the scene. After hours and hours of hard work, you’ve just put the finishing touches on your last report card of the year. What a great feeling! You e-mail the report cards to your principal for final review and give yourself a well-deserved pat on the back. However, the next day, your principal calls you to request that you change the final marks for two of your students and the comments for three of your students.
What are your obligations?
Teachers are professionals and, as such, should be afforded a high degree of professional autonomy. Teachers also know the specific circumstances of their class and their students, as well as to what extent their students have met the outcomes for the year. Because of this, a teacher’s professional judgment regarding the assessment and evaluation of students should be paramount. However, sometimes a teacher’s professional judgment is at odds with a directive of school administration. Section 197 of the Education Act outlines the statutory duties of the principal. A relevant duty in this situation is “(h) supervise the evaluation and advancement of students.” Thus, it is reasonable and within a principal’s rights (and obligations) to review a teacher’s report card marks and comments.
Another relevant duty of the principal is “(e) direct the management of the school.” Because of this, a principal may give a directive to a teacher, including a directive to change report card marks or comments.
If a teacher is comfortable with the requested changes to the report cards, the teacher can simply make the changes. However, if the teacher believes that the requested changes are not appropriate in the circumstances (for example, if the requested changes are not consistent with the evidence of student learning that the teacher has collected), another important thing to consider is the teacher’s obligations under section 16 of the Code of Professional Conduct:
The teacher recognizes the duty to protest through proper channels administrative policies and practices which the teacher cannot in conscience accept; and further recognizes that if administration by consent fails, the administrator must adopt a position of authority.
Often, the best solution is for the teacher and the principal to cooperatively and collaboratively discuss the concerns. The Association encourages dialogue between the teacher and the principal to identify their interests in order to come up with a plan to which they both can agree. If this has been attempted unsuccessfully, the Association encourages the teacher to contact Teacher Employment Services to learn about the options.
In some circumstances, the advice to the teacher would be to ask the principal to make the requested report card changes in writing. If the teacher receives these requested changes as a written directive, the teacher may wish to protest this directive in writing, as mentioned in section 16 of the Code of Professional Conduct. Teacher Employment Services can offer contextual advice and assist in the creation of this letter, if circumstances warrant it.
If after the teacher protests through appropriate channels, the principal’s directive still stands, the teacher may choose to comply under protest with the directive. Noncompliance with a written directive of school administration may result in disciplinary action. Call Teacher Employment Services for advice prior to making any decisions.
WORTH KNOWING
Accommodation of Pregnancy in Schools
Pregnancy can be a time of joyful expectation and excitement for teachers and their families; however, the coronavirus pandemic raises many concerns. Teachers who are pregnant are understandably very concerned about coronavirus and want to do everything they can to avoid contracting the virus. For women with underlying or complex medical conditions, typical precautions (including wearing a mask, handwashing, physical distancing and immunization) may not be sufficient.
However, teachers in Alberta who are pregnant can work with their physicians to arrange for workplace accommodations to ensure that they are able to protect their own health and the health of their family.
As every woman experiences pregnancy differently, the form of accommodation adopted must be suitable to the individual. Pregnant women are not ill and, in most cases, are both willing to work and capable of working throughout their pregnancy. However, some pregnant teachers need special accommodations to ensure their health and the health of their baby. In these cases, teachers must have medical documentation showing that they require the employer to make changes to certain rules, standards, policies, workplace cultures or physical environments to ensure that school conditions do not have a negative effect on their health. This may mean extra personal protective equipment (PPE), barrier protection or, in more complex situations, a teacher not being able to work in a regular school setting.
Accommodation is intended to operate as a dialogue whereby both the employer and the teacher attempt to find a workable solution for both parties, and each party has certain roles and responsibilities. It is teachers’ responsibility to work with their health-care provider and Teacher Employment Services (TES) to provide the appropriate medical documentation. As a first step, teachers looking for accommodation are encouraged to call TES to discuss their options.
Unfortunately, accommodation of pregnancy in the workplace is one of the most misunderstood areas of human rights law. Employers sometimes view pregnancy as a personal choice that does not require any obligations on the part of the employer. This viewpoint is inaccurate and unfair to women.
Section 44 of the Alberta Human Rights Act notes that “whenever this Act protects a person from being adversely dealt with on the basis of gender, the protection includes, without limitation, protection of a female from being adversely dealt with on the basis of pregnancy” (emphasis added). Equal opportunity does not exist if women are penalized for participating in an activity that is beneficial to society as a whole, such as raising a family. Employers must take measures to accommodate pregnancy, and this duty goes further than some realize.
It is the duty of the employer to make accommodations for medical disability to the point of undue hardship. Given the temporary nature of pregnancy, accommodation in this context is unlikely to meet the threshold of undue hardship except in very specific circumstances. Thus, this will require working with the employer to establish the medical limitations of the teacher’s disability and to ensure that the employer best accommodates the teacher’s disability. Teachers must bear in mind that employers have the ability to direct them to attend a medical examination under section 226 of the Education Act.
WORTH KNOWING
Transfers Initiated by School Divisions
If a teacher is interested in teaching closer to home, looking for a teaching position at their dream school or simply looking for a change of scenery, the teacher can request a transfer to another school in their school division. This can be a very exciting time! However, if a teacher does not request a transfer and is informed by their employer that they will be transferred to another school, this can sometimes be met with hesitation, reluctance or even refusal.
A superintendent has the statutory authority to transfer a teacher to another school within the school division. Section 212(1) of the Education Act states:
212(1) A superintendent may, at any time during a school year, transfer a teacher from one school operated by the board to another of its schools.
However, that authority does come with some rules and limitations. The teacher must receive a written notice of transfer that identifies the reason(s) for the transfer, and the transfer cannot become effective less than seven days after the teacher receives the notice of transfer. Additionally, if the teacher wishes to formally object to the transfer, the teacher can appeal the superintendent’s decision at a hearing before the board of trustees in accordance with section 212(3) of the Education Act:
212(3) When a teacher is given a notice of transfer, the teacher may, within 7 days from the day on which the teacher receives the notice of transfer, make a written request to the board to have a hearing before the board for the purpose of objecting to the transfer.
If the teacher chooses to appeal the superintendent’s decision, the hearing must not be heard sooner than 14 days after the teacher received the notice of transfer (unless the teacher agrees in writing), and the transfer cannot take effect until after the hearing.
The authority to transfer a teacher to another school must also be exercised reasonably by the employer. While the term reasonably is highly contextual, generally speaking, a teacher should not be transferred to teach a broad age level or subject area for which they have no background, training or experience. While it may be reasonable to transfer a senior high biology teacher to a junior high school to teach science, transferring that same teacher to teach Grade 1 at an elementary school may not be reasonable, depending on that teacher’s background, training and experience. Likewise, it may be reasonable to transfer a Grade 1 teacher to another school to teach Grade 5, but it may not be reasonable to transfer that same teacher to a high school to teach social studies, depending on the teacher’s background, training and experience. In addition, transferring a teacher to a school that is a very long distance from their current school may not be reasonable either, depending on the circumstances. Also, other existing circumstances may cause the teacher to believe that the transfer is unreasonable.
If you are given a written notice of transfer to another school, call Teacher Employment Services (TES) to learn your rights and obligations. Remember, there are deadlines to adhere to if you wish to formally dispute the transfer, so call TES as soon as possible to preserve this timeline. If your employer asks you to complete a form regarding the transfer, do not complete the form until you have spoken with an executive staff officer in TES. When you call TES, an executive staff officer can help you make an assessment as to whether the transfer is reasonable given your circumstances. After you make this assessment, you have the option to either
1. accept the transfer,
2. formally appeal the transfer at a hearing before the board of trustees or
3. resign by giving 30 days’ written notice.
It may also be possible to resolve the matter informally with your superintendent. If you choose to dispute the transfer, a TES executive staff officer can assist you with preparing the documents to initiate the hearing process, assist you with preparing for the hearing and offer representation at the hearing itself.
If you have been informed that you will be transferred, call TES and an executive staff officer can explain your rights, obligations and options. You can also receive advice about a path forward that considers your specific circumstances.
WORTH KNOWING
Health and Wellness Spending Accounts
A majority of teachers have a combined health spending account (HSA) and wellness spending account (WSA) as part of their collective agreement. Teachers are responsible for allocating the credits for the health and wellness accounts; however, understanding Canada Revenue Agency (CRA) rules about HSAs and WSAs will assist in this process. There may be some variances between alternate health benefit providers such as the Alberta School Employee Benefit Plan (ASEBP), Manulife, Sun Life or Canada Life.
On a yearly basis, teachers are asked to reallocate credits to their HSA and WSA accounts. This will prompt teachers to choose a percentage amount for each account with their health care provider.
Health benefit providers receive the credits for teacher accounts from the employer and then deposit those credits into the HSA or WSA (as allocated). Credits cannot be transferred between accounts once they have been deposited. If a teacher changes employers or is terminated during this period, credits remain accessible for 60 days following the date of change or termination. Note that expenses are eligible only if incurred prior to the date of change or termination.
As a single person with access to both a WSA and HSA, a teacher can submit eligible wellness-related expenses for themself. As a member on a family plan, eligible expenses related to themself and their dependants can be submitted.
WSAs are similar to HSAs, but there are differences regarding what can be submitted. While the HSA covers health-related expenses, the WSA covers wellness-related expenses. These are items that are outside the scope of prescriptions and dental or vision care, and are items such as health support and fitness expenses (such as purchase of a treadmill, gym memberships or other sporting equipment/clothing).
Remember that WSA expenses are taxable and that a T4A is sent at the end of each tax year for WSA claims that were reimbursed in that tax year. You are not taxed on money which has been allocated to your WSA but remains unused.
When submitting claims, remember to always include the date of service or purchase date, the provider or store name, the total cost, a detailed description of the service or item and, finally, proof of payment (that is, a receipt) when applicable. The number one reason that WSA claims are rejected is that one of these five vital items is missing. Save time (and get reimbursed faster) by ensuring that everything is included the first time.
Frequently Asked Questions (FAQs)
1. Should I use HSA or WSA first?
It is always advantageous to use HSA credits first, because HSA credits are tax free. There are many ways to use HSA credits, and teachers should familiarize themselves with the complete list. If using WSA credits, the plan provider will provide a T4A slip that must be declared as income in the annual tax return. For this reason, it is always better to use HSA credits first.
2. How can I spend my HSA?
HSA can be used to cover any expenses that could be deducted as medical expenses on the CRA tax return. Below are some examples:
· Dental services not covered by the plan
· Massage therapy sessions that cost over and above what the benefit plan pays
· Glasses or contact lenses that are more expensive than what the benefit plan pays
· Travel expenses for medical services
For a complete list of medical expenses, see the following link to CRA’s website: Details of Medical Expenses.
Teachers are encouraged to review the list regularly. Be wise consumers of HSA dollars and use them for everything that is available.
3. How can I spend my WSA?
Use the WSA to purchase items according to the list agreed to at central table bargaining:
· Health support, fitness and sports activities, and equipment expenses that support the overall well-being and physical health of the member and dependant
· Professional development and education courses
· Family expenses that support the member’s dependants
For a complete list of WSA items, see the following link to ASEBP’s website: www.asebp.ca/my-benefits/spending-accounts. Note that “WSA 2 (For Teachers)” describes WSA expenditures in detail. This list applies whether or not the WSA is with ASEBP or another health benefit provider.
4. How do I know how much I have left in my HSA or WSA?
If the HSA/WSA is with ASEBP, this information is available on the ASEBP website by logging into MyASEBP or on the app.
· MyASEBP (under “Benefits, Spending Account Activity”): There will be a summary of the credits added, what was paid to the member and what credits are still available. To the right of that summary is “Unused credits at risk of forfeiture.” That number indicates how many dollars may be returned to the employer if credits from the previous year are not used by August 31.
· ASEBP App (under “Usage”, click “Account Details” under either the HSA or WSA heading). This will show the opening balance as well as what was added and paid out and what is currently available.
If the HSA/WSA is not with ASEBP, teachers are encouraged to contact their payroll administrator to determine the HSA/WSA credits available.
5. When do my credits appear in my HSA /WSA account?
Depending on how it was set up, employers will deposit HSA/WSA monies. Money may be added on a monthly or yearly basis.
6. How do I assign credits into my WSA?
On an annual basis, teachers are required to notify the WSA administrator of their choice.
· If with ASEBP, the teacher will receive an e-mail in August requesting allocation of credits between the HSA and the WSA. To make changes, log into MyASEBP and allocate the percentage for each.
· If with another health care provider, log onto their website for information and instructions.
· Remember that this decision is locked in for one year.
7. If I am taxed on WSA spending, why bother?
Here’s an example to consider:
Suppose there is $100 in the WSA. The teacher uses that to purchase a $100 gym membership. The teacher will be reimbursed the full $100 when the expense is submitted to the WSA. A T4A slip for $100 of income will arrive for that taxation year. Because the typical teacher has a marginal tax rate of 30 per cent, they will have to pay $30 more tax because of the T4A income slip. This means that the teacher received a $100 gym membership but only paid $30 (a savings of $70).
8. Who directs my allocation for the HSA or WSA? How do I decide?
The teacher does! Review how much HSA has been used in the past. Take the remaining amount and move that to the HSA to use as much of the allocated amount as possible. For example: $725.00/year is allocated but only $500.00 is used. Convert that to percentage and allocate an approximate percentage to the HSA if anticipating that expenses will be similar.
WORTH KNOWING
Bill 71: Employment Standards (COVID-19 Vaccination Leave) Amendment Act, 2021
Bill 71 took effect on April 21, 2021. It amends the Employment Standards Code to ensure that working Albertans can access paid, job-protected leave to receive a COVID-19 vaccine. The aim of the bill is to support the rollout of the vaccination program in Alberta. With the rising number of COVID cases and proliferation of COVID variants, the best way to address the crisis is to suppress replication, which means stopping infections.
Although Alberta teachers have yet to receive priority for vaccination despite the intense advocacy by the Alberta Teachers’ Association, the expansion of the vaccine program has created the opportunity for more Alberta teachers to get vaccinated. Now, every teacher who is eligible to be vaccinated can schedule time for a vaccination that could save their life and protect others. Find out who’s eligible now.
The passing of this legislation should reduce barriers for Alberta teachers who are currently eligible to be vaccinated. This is particularly important for teachers on a temporary or probationary contact who may have exhausted all of their paid sick leave. Teachers who are entitled to only statutory sick leave (no more than a total of 20 teaching days under section 220 of the Education Act) no longer need to be apprehensive to book a vaccination appointment, because the amendment to the Employment Standards Code provides for up to three hours of paid leave to receive each dose of the COVID-19 vaccine.
Teachers who are eligible for vaccination can book their appointments as half-day absences. Where possible, indicate that these bookings are for the purpose of receiving COVID-19 vaccination. Note that teachers are not required to provide medical certificates or records of immunization or to disclose to their employer any underlying medical conditions to prove entitlement to the vaccine or the leave. Employers must, by law, provide paid, job-protected leave to teachers (whether part-time or full-time and regardless of how long they have been employed or their contract status) for the purpose of receiving a COVID-19 vaccination. These absences should not be counted against a teacher’s sick leave. Employers have the responsibility of ensuring that employees taking this vaccination leave do not lose any earnings or other benefits. Book your jab.
COVID-19 vaccines will help prevent you from being infected and will protect you against severe illness if you are infected. All vaccines are safe and effective and save lives. Until most Albertans are protected, fully vaccinated people must still follow all health measures: no indoor gatherings, keep two metres apart, wear a mask in public and stay home when sick.
WORTH KNOWING
COVID-19 and School Safety
Alberta’s third wave of the COVID-19 pandemic is being driven by highly contagious variants of the coronavirus. Last November, secondary schools moved online with 1,700 cases in schools. Currently we have 2,400 cases in schools—many of them variants of concern—and nearly one in five schools have alerts or outbreaks.
School leaders and support staff are spending hours calling students and staff to instruct them to isolate after families report a positive test result for COVID-19. A concerning number of Alberta teachers and their students have tested positive for COVID-19, and thousands more have been required to isolate. An interactive map of COVID-19 school status can be accessed here.
Public health measures are in place to support the safe operation of schools, which includes mandatory masking, physical distancing when possible, enhanced cleaning and daily symptom screening. Further, President Schilling and the Alberta Teachers’ Association tirelessly advocate for school workers and for increased protective measures to help prevent spread in schools. However, because of various factors, working in schools may not be possible for all teachers, specifically those who have certain health concerns.
Some teachers may have a compromised immune system or other medical condition that necessitates special accommodations to ensure their health. In that case, the teacher must have medical documentation showing that they require the employer to make changes to certain rules, standards, policies, workplace cultures or physical environments to ensure that school conditions do not have a negative effect on the teacher. This may mean extra PPE, barrier protection or, in more complex situations, a teacher not being able to work in a regular school setting. Medical documentation that supports substantive accommodations requires the teacher to work closely with their health care provider, Teacher Employment Services (TES) and their employer.
It is the duty of the employer to make accommodations for medical disability to the point of undue hardship. This will require working with the employer to establish the medical limitations of the teacher’s disability and ensure that the employer best accommodates the teacher’s disability. Teachers must bear in mind that employers have the ability to direct them to attend a medical examination under section 226 of the Education Act.
Further, teachers also have the obligation to enforce public health directives to ensure the safety of their school communities. If students refuse to comply with public health orders, teachers have the authority to address the noncompliant behaviour. Under section 36 of the Education Act. a teacher may suspend a student from one class period if “the student’s conduct, whether or not the conduct occurs within the school building or during the school day, is injurious to the physical or mental well-being of others in the school.” This would require that the teacher direct the noncomplying student to the school office. While out-of-school suspensions are often reluctantly considered, under the act, principals may suspend a student for up to five days, without a recommendation for expulsion, to ensure the safety of students and staff.
As workers in a school, teachers have an obligation to ensure the safety of their workplace. Teachers must report unsafe conditions to their site supervisor (usually their principal). Moreover, teachers can contact Alberta Health Services, Environmental Public Health or the medical officer of health with respect to COVID restrictions and enforcement of compliance with public health orders. Occupational Health and Safety and Alberta Health can coordinate efforts to ensure safely and compliance, dependent on the concern raised.
Requests to Change Report Card Marks or Comments
Imagine the scene. After hours and hours of hard work, you’ve just put the finishing touches on your last report card of the year. What a great feeling! You e-mail the report cards to your principal for final review and give yourself a well-deserved pat on the back. However, the next day, your principal calls you to request that you change the final marks for two of your students and the comments for three of your students.
What are your obligations?
Teachers are professionals and, as such, should be afforded a high degree of professional autonomy. Teachers also know the specific circumstances of their class and their students, as well as to what extent their students have met the outcomes for the year. Because of this, a teacher’s professional judgment regarding the assessment and evaluation of students should be paramount. However, sometimes a teacher’s professional judgment is at odds with a directive of school administration. Section 197 of the Education Act outlines the statutory duties of the principal. A relevant duty in this situation is “(h) supervise the evaluation and advancement of students.” Thus, it is reasonable and within a principal’s rights (and obligations) to review a teacher’s report card marks and comments.
Another relevant duty of the principal is “(e) direct the management of the school.” Because of this, a principal may give a directive to a teacher, including a directive to change report card marks or comments.
If a teacher is comfortable with the requested changes to the report cards, the teacher can simply make the changes. However, if the teacher believes that the requested changes are not appropriate in the circumstances (for example, if the requested changes are not consistent with the evidence of student learning that the teacher has collected), another important thing to consider is the teacher’s obligations under section 16 of the Code of Professional Conduct:
The teacher recognizes the duty to protest through proper channels administrative policies and practices which the teacher cannot in conscience accept; and further recognizes that if administration by consent fails, the administrator must adopt a position of authority.
Often, the best solution is for the teacher and the principal to cooperatively and collaboratively discuss the concerns. The Association encourages dialogue between the teacher and the principal to identify their interests in order to come up with a plan to which they both can agree. If this has been attempted unsuccessfully, the Association encourages the teacher to contact Teacher Employment Services to learn about the options.
In some circumstances, the advice to the teacher would be to ask the principal to make the requested report card changes in writing. If the teacher receives these requested changes as a written directive, the teacher may wish to protest this directive in writing, as mentioned in section 16 of the Code of Professional Conduct. Teacher Employment Services can offer contextual advice and assist in the creation of this letter, if circumstances warrant it.
If after the teacher protests through appropriate channels, the principal’s directive still stands, the teacher may choose to comply under protest with the directive. Noncompliance with a written directive of school administration may result in disciplinary action. Call Teacher Employment Services for advice prior to making any decisions.
WORTH KNOWING
Accommodation of Pregnancy in Schools
Pregnancy can be a time of joyful expectation and excitement for teachers and their families; however, the coronavirus pandemic raises many concerns. Teachers who are pregnant are understandably very concerned about coronavirus and want to do everything they can to avoid contracting the virus. For women with underlying or complex medical conditions, typical precautions (including wearing a mask, handwashing, physical distancing and immunization) may not be sufficient.
However, teachers in Alberta who are pregnant can work with their physicians to arrange for workplace accommodations to ensure that they are able to protect their own health and the health of their family.
As every woman experiences pregnancy differently, the form of accommodation adopted must be suitable to the individual. Pregnant women are not ill and, in most cases, are both willing to work and capable of working throughout their pregnancy. However, some pregnant teachers need special accommodations to ensure their health and the health of their baby. In these cases, teachers must have medical documentation showing that they require the employer to make changes to certain rules, standards, policies, workplace cultures or physical environments to ensure that school conditions do not have a negative effect on their health. This may mean extra personal protective equipment (PPE), barrier protection or, in more complex situations, a teacher not being able to work in a regular school setting.
Accommodation is intended to operate as a dialogue whereby both the employer and the teacher attempt to find a workable solution for both parties, and each party has certain roles and responsibilities. It is teachers’ responsibility to work with their health-care provider and Teacher Employment Services (TES) to provide the appropriate medical documentation. As a first step, teachers looking for accommodation are encouraged to call TES to discuss their options.
Unfortunately, accommodation of pregnancy in the workplace is one of the most misunderstood areas of human rights law. Employers sometimes view pregnancy as a personal choice that does not require any obligations on the part of the employer. This viewpoint is inaccurate and unfair to women.
Section 44 of the Alberta Human Rights Act notes that “whenever this Act protects a person from being adversely dealt with on the basis of gender, the protection includes, without limitation, protection of a female from being adversely dealt with on the basis of pregnancy” (emphasis added). Equal opportunity does not exist if women are penalized for participating in an activity that is beneficial to society as a whole, such as raising a family. Employers must take measures to accommodate pregnancy, and this duty goes further than some realize.
It is the duty of the employer to make accommodations for medical disability to the point of undue hardship. Given the temporary nature of pregnancy, accommodation in this context is unlikely to meet the threshold of undue hardship except in very specific circumstances. Thus, this will require working with the employer to establish the medical limitations of the teacher’s disability and to ensure that the employer best accommodates the teacher’s disability. Teachers must bear in mind that employers have the ability to direct them to attend a medical examination under section 226 of the Education Act.
WORTH KNOWING
Transfers Initiated by School Divisions
If a teacher is interested in teaching closer to home, looking for a teaching position at their dream school or simply looking for a change of scenery, the teacher can request a transfer to another school in their school division. This can be a very exciting time! However, if a teacher does not request a transfer and is informed by their employer that they will be transferred to another school, this can sometimes be met with hesitation, reluctance or even refusal.
A superintendent has the statutory authority to transfer a teacher to another school within the school division. Section 212(1) of the Education Act states:
212(1) A superintendent may, at any time during a school year, transfer a teacher from one school operated by the board to another of its schools.
However, that authority does come with some rules and limitations. The teacher must receive a written notice of transfer that identifies the reason(s) for the transfer, and the transfer cannot become effective less than seven days after the teacher receives the notice of transfer. Additionally, if the teacher wishes to formally object to the transfer, the teacher can appeal the superintendent’s decision at a hearing before the board of trustees in accordance with section 212(3) of the Education Act:
212(3) When a teacher is given a notice of transfer, the teacher may, within 7 days from the day on which the teacher receives the notice of transfer, make a written request to the board to have a hearing before the board for the purpose of objecting to the transfer.
If the teacher chooses to appeal the superintendent’s decision, the hearing must not be heard sooner than 14 days after the teacher received the notice of transfer (unless the teacher agrees in writing), and the transfer cannot take effect until after the hearing.
The authority to transfer a teacher to another school must also be exercised reasonably by the employer. While the term reasonably is highly contextual, generally speaking, a teacher should not be transferred to teach a broad age level or subject area for which they have no background, training or experience. While it may be reasonable to transfer a senior high biology teacher to a junior high school to teach science, transferring that same teacher to teach Grade 1 at an elementary school may not be reasonable, depending on that teacher’s background, training and experience. Likewise, it may be reasonable to transfer a Grade 1 teacher to another school to teach Grade 5, but it may not be reasonable to transfer that same teacher to a high school to teach social studies, depending on the teacher’s background, training and experience. In addition, transferring a teacher to a school that is a very long distance from their current school may not be reasonable either, depending on the circumstances. Also, other existing circumstances may cause the teacher to believe that the transfer is unreasonable.
If you are given a written notice of transfer to another school, call Teacher Employment Services (TES) to learn your rights and obligations. Remember, there are deadlines to adhere to if you wish to formally dispute the transfer, so call TES as soon as possible to preserve this timeline. If your employer asks you to complete a form regarding the transfer, do not complete the form until you have spoken with an executive staff officer in TES. When you call TES, an executive staff officer can help you make an assessment as to whether the transfer is reasonable given your circumstances. After you make this assessment, you have the option to either
1. accept the transfer,
2. formally appeal the transfer at a hearing before the board of trustees or
3. resign by giving 30 days’ written notice.
It may also be possible to resolve the matter informally with your superintendent. If you choose to dispute the transfer, a TES executive staff officer can assist you with preparing the documents to initiate the hearing process, assist you with preparing for the hearing and offer representation at the hearing itself.
If you have been informed that you will be transferred, call TES and an executive staff officer can explain your rights, obligations and options. You can also receive advice about a path forward that considers your specific circumstances.
WORTH KNOWING
Health and Wellness Spending Accounts
A majority of teachers have a combined health spending account (HSA) and wellness spending account (WSA) as part of their collective agreement. Teachers are responsible for allocating the credits for the health and wellness accounts; however, understanding Canada Revenue Agency (CRA) rules about HSAs and WSAs will assist in this process. There may be some variances between alternate health benefit providers such as the Alberta School Employee Benefit Plan (ASEBP), Manulife, Sun Life or Canada Life.
On a yearly basis, teachers are asked to reallocate credits to their HSA and WSA accounts. This will prompt teachers to choose a percentage amount for each account with their health care provider.
Health benefit providers receive the credits for teacher accounts from the employer and then deposit those credits into the HSA or WSA (as allocated). Credits cannot be transferred between accounts once they have been deposited. If a teacher changes employers or is terminated during this period, credits remain accessible for 60 days following the date of change or termination. Note that expenses are eligible only if incurred prior to the date of change or termination.
As a single person with access to both a WSA and HSA, a teacher can submit eligible wellness-related expenses for themself. As a member on a family plan, eligible expenses related to themself and their dependants can be submitted.
WSAs are similar to HSAs, but there are differences regarding what can be submitted. While the HSA covers health-related expenses, the WSA covers wellness-related expenses. These are items that are outside the scope of prescriptions and dental or vision care, and are items such as health support and fitness expenses (such as purchase of a treadmill, gym memberships or other sporting equipment/clothing).
Remember that WSA expenses are taxable and that a T4A is sent at the end of each tax year for WSA claims that were reimbursed in that tax year. You are not taxed on money which has been allocated to your WSA but remains unused.
When submitting claims, remember to always include the date of service or purchase date, the provider or store name, the total cost, a detailed description of the service or item and, finally, proof of payment (that is, a receipt) when applicable. The number one reason that WSA claims are rejected is that one of these five vital items is missing. Save time (and get reimbursed faster) by ensuring that everything is included the first time.
Frequently Asked Questions (FAQs)
1. Should I use HSA or WSA first?
It is always advantageous to use HSA credits first, because HSA credits are tax free. There are many ways to use HSA credits, and teachers should familiarize themselves with the complete list. If using WSA credits, the plan provider will provide a T4A slip that must be declared as income in the annual tax return. For this reason, it is always better to use HSA credits first.
2. How can I spend my HSA?
HSA can be used to cover any expenses that could be deducted as medical expenses on the CRA tax return. Below are some examples:
· Dental services not covered by the plan
· Massage therapy sessions that cost over and above what the benefit plan pays
· Glasses or contact lenses that are more expensive than what the benefit plan pays
· Travel expenses for medical services
For a complete list of medical expenses, see the following link to CRA’s website: Details of Medical Expenses.
Teachers are encouraged to review the list regularly. Be wise consumers of HSA dollars and use them for everything that is available.
3. How can I spend my WSA?
Use the WSA to purchase items according to the list agreed to at central table bargaining:
· Health support, fitness and sports activities, and equipment expenses that support the overall well-being and physical health of the member and dependant
· Professional development and education courses
· Family expenses that support the member’s dependants
For a complete list of WSA items, see the following link to ASEBP’s website: www.asebp.ca/my-benefits/spending-accounts. Note that “WSA 2 (For Teachers)” describes WSA expenditures in detail. This list applies whether or not the WSA is with ASEBP or another health benefit provider.
4. How do I know how much I have left in my HSA or WSA?
If the HSA/WSA is with ASEBP, this information is available on the ASEBP website by logging into MyASEBP or on the app.
· MyASEBP (under “Benefits, Spending Account Activity”): There will be a summary of the credits added, what was paid to the member and what credits are still available. To the right of that summary is “Unused credits at risk of forfeiture.” That number indicates how many dollars may be returned to the employer if credits from the previous year are not used by August 31.
· ASEBP App (under “Usage”, click “Account Details” under either the HSA or WSA heading). This will show the opening balance as well as what was added and paid out and what is currently available.
If the HSA/WSA is not with ASEBP, teachers are encouraged to contact their payroll administrator to determine the HSA/WSA credits available.
5. When do my credits appear in my HSA /WSA account?
Depending on how it was set up, employers will deposit HSA/WSA monies. Money may be added on a monthly or yearly basis.
6. How do I assign credits into my WSA?
On an annual basis, teachers are required to notify the WSA administrator of their choice.
· If with ASEBP, the teacher will receive an e-mail in August requesting allocation of credits between the HSA and the WSA. To make changes, log into MyASEBP and allocate the percentage for each.
· If with another health care provider, log onto their website for information and instructions.
· Remember that this decision is locked in for one year.
7. If I am taxed on WSA spending, why bother?
Here’s an example to consider:
Suppose there is $100 in the WSA. The teacher uses that to purchase a $100 gym membership. The teacher will be reimbursed the full $100 when the expense is submitted to the WSA. A T4A slip for $100 of income will arrive for that taxation year. Because the typical teacher has a marginal tax rate of 30 per cent, they will have to pay $30 more tax because of the T4A income slip. This means that the teacher received a $100 gym membership but only paid $30 (a savings of $70).
8. Who directs my allocation for the HSA or WSA? How do I decide?
The teacher does! Review how much HSA has been used in the past. Take the remaining amount and move that to the HSA to use as much of the allocated amount as possible. For example: $725.00/year is allocated but only $500.00 is used. Convert that to percentage and allocate an approximate percentage to the HSA if anticipating that expenses will be similar.
WORTH KNOWING
Bill 71: Employment Standards (COVID-19 Vaccination Leave) Amendment Act, 2021
Bill 71 took effect on April 21, 2021. It amends the Employment Standards Code to ensure that working Albertans can access paid, job-protected leave to receive a COVID-19 vaccine. The aim of the bill is to support the rollout of the vaccination program in Alberta. With the rising number of COVID cases and proliferation of COVID variants, the best way to address the crisis is to suppress replication, which means stopping infections.
Although Alberta teachers have yet to receive priority for vaccination despite the intense advocacy by the Alberta Teachers’ Association, the expansion of the vaccine program has created the opportunity for more Alberta teachers to get vaccinated. Now, every teacher who is eligible to be vaccinated can schedule time for a vaccination that could save their life and protect others. Find out who’s eligible now.
The passing of this legislation should reduce barriers for Alberta teachers who are currently eligible to be vaccinated. This is particularly important for teachers on a temporary or probationary contact who may have exhausted all of their paid sick leave. Teachers who are entitled to only statutory sick leave (no more than a total of 20 teaching days under section 220 of the Education Act) no longer need to be apprehensive to book a vaccination appointment, because the amendment to the Employment Standards Code provides for up to three hours of paid leave to receive each dose of the COVID-19 vaccine.
Teachers who are eligible for vaccination can book their appointments as half-day absences. Where possible, indicate that these bookings are for the purpose of receiving COVID-19 vaccination. Note that teachers are not required to provide medical certificates or records of immunization or to disclose to their employer any underlying medical conditions to prove entitlement to the vaccine or the leave. Employers must, by law, provide paid, job-protected leave to teachers (whether part-time or full-time and regardless of how long they have been employed or their contract status) for the purpose of receiving a COVID-19 vaccination. These absences should not be counted against a teacher’s sick leave. Employers have the responsibility of ensuring that employees taking this vaccination leave do not lose any earnings or other benefits. Book your jab.
COVID-19 vaccines will help prevent you from being infected and will protect you against severe illness if you are infected. All vaccines are safe and effective and save lives. Until most Albertans are protected, fully vaccinated people must still follow all health measures: no indoor gatherings, keep two metres apart, wear a mask in public and stay home when sick.
WORTH KNOWING
COVID-19 and School Safety
Alberta’s third wave of the COVID-19 pandemic is being driven by highly contagious variants of the coronavirus. Last November, secondary schools moved online with 1,700 cases in schools. Currently we have 2,400 cases in schools—many of them variants of concern—and nearly one in five schools have alerts or outbreaks.
School leaders and support staff are spending hours calling students and staff to instruct them to isolate after families report a positive test result for COVID-19. A concerning number of Alberta teachers and their students have tested positive for COVID-19, and thousands more have been required to isolate. An interactive map of COVID-19 school status can be accessed here.
Public health measures are in place to support the safe operation of schools, which includes mandatory masking, physical distancing when possible, enhanced cleaning and daily symptom screening. Further, President Schilling and the Alberta Teachers’ Association tirelessly advocate for school workers and for increased protective measures to help prevent spread in schools. However, because of various factors, working in schools may not be possible for all teachers, specifically those who have certain health concerns.
Some teachers may have a compromised immune system or other medical condition that necessitates special accommodations to ensure their health. In that case, the teacher must have medical documentation showing that they require the employer to make changes to certain rules, standards, policies, workplace cultures or physical environments to ensure that school conditions do not have a negative effect on the teacher. This may mean extra PPE, barrier protection or, in more complex situations, a teacher not being able to work in a regular school setting. Medical documentation that supports substantive accommodations requires the teacher to work closely with their health care provider, Teacher Employment Services (TES) and their employer.
It is the duty of the employer to make accommodations for medical disability to the point of undue hardship. This will require working with the employer to establish the medical limitations of the teacher’s disability and ensure that the employer best accommodates the teacher’s disability. Teachers must bear in mind that employers have the ability to direct them to attend a medical examination under section 226 of the Education Act.
Further, teachers also have the obligation to enforce public health directives to ensure the safety of their school communities. If students refuse to comply with public health orders, teachers have the authority to address the noncompliant behaviour. Under section 36 of the Education Act. a teacher may suspend a student from one class period if “the student’s conduct, whether or not the conduct occurs within the school building or during the school day, is injurious to the physical or mental well-being of others in the school.” This would require that the teacher direct the noncomplying student to the school office. While out-of-school suspensions are often reluctantly considered, under the act, principals may suspend a student for up to five days, without a recommendation for expulsion, to ensure the safety of students and staff.
As workers in a school, teachers have an obligation to ensure the safety of their workplace. Teachers must report unsafe conditions to their site supervisor (usually their principal). Moreover, teachers can contact Alberta Health Services, Environmental Public Health or the medical officer of health with respect to COVID restrictions and enforcement of compliance with public health orders. Occupational Health and Safety and Alberta Health can coordinate efforts to ensure safely and compliance, dependent on the concern raised.
WORTH KNOWING
Changing School Divisions
Many Alberta teachers have life events that require them to move from their teaching position in one Alberta school division to another (or even outside Alberta). If you find yourself in such a situation, it is important that you know your rights and obligations.
Whether you are considering changing school divisions because your partner has accepted a new job in another community, or you are looking for a fresh start somewhere new, it is a good idea to consider if this change will be a “forever” change. Review your options regarding requesting an unpaid leave of absence. Unpaid leaves of absence are discretionary but may help you keep one foot in the door in case you want (or need) to return to your current school division. Because the provisions for unpaid leaves of absence vary from jurisdiction to jurisdiction, consult the collective agreement or call Teacher Employment Services to find out more about the specific details of an unpaid leave of absence.
If an unpaid leave of absence is not appropriate or possible in your circumstances, changing school divisions may require a resignation, depending on your contract type, and a date when you wish to resign. If you are employed on a temporary, probationary or interim contract, submitting a letter of resignation may not be necessary if your change will happen after your contract ends. For example, if you are employed on a probationary contract that ends on June 30 and you wish to work in another school division the following school year, your employment ends naturally on June 30, so you will not be required to submit a letter of resignation.
If you wish to resign from your teaching contract before your contract ends, you will be required to submit a letter of resignation to your superintendent. This could happen, for example, if you are working on a temporary contract that ends on June 30 but you would like to resign before then, or if you are working on a continuing contract and you wish to resign at any time, even at the end of the school year. To resign your continuing contract of employment or to resign your temporary, probationary or interim contract before its natural ending date, the Education Act requires that you provide your employer with 30 calendar days’ written notice. One important item to note is that the 30 calendar days’ written notice cannot be provided during, or in the 30 calendar days preceding, a vacation period of 14 days in length or longer. For most teachers in Alberta, the only such vacation periods would be the Christmas break and the summer break. For example, if you wish to resign a continuing contract to begin teaching in a new school division in the fall, you would have to ensure that your superintendent receives your letter of resignation at least 30 calendar days prior to the last operational day of the school year.
In some life circumstances, however, it may not be possible for you to provide as much notice as is required by the Education Act. If this is the case, your school division may be agreeable to accepting your resignation by mutual agreement. If your school division is not agreeable to this, please call Teacher Employment Services to review your options based on your specific circumstances.
Given that substitute teachers are day-to-day employees who are not teaching on a formal contract of employment, there are no provisions in the Education Act regarding the notice required to resign one’s position as a substitute teacher.
There are other potential issues related to a move from one school division to another, such as the effective date of your letter of resignation, and also considerations about your benefits. If you are considering resigning your contract of employment, please call Teacher Employment Services (TES). Staff officers in TES are happy to answer any questions to assist you through this transition in your employment.
Changing School Divisions
Many Alberta teachers have life events that require them to move from their teaching position in one Alberta school division to another (or even outside Alberta). If you find yourself in such a situation, it is important that you know your rights and obligations.
Whether you are considering changing school divisions because your partner has accepted a new job in another community, or you are looking for a fresh start somewhere new, it is a good idea to consider if this change will be a “forever” change. Review your options regarding requesting an unpaid leave of absence. Unpaid leaves of absence are discretionary but may help you keep one foot in the door in case you want (or need) to return to your current school division. Because the provisions for unpaid leaves of absence vary from jurisdiction to jurisdiction, consult the collective agreement or call Teacher Employment Services to find out more about the specific details of an unpaid leave of absence.
If an unpaid leave of absence is not appropriate or possible in your circumstances, changing school divisions may require a resignation, depending on your contract type, and a date when you wish to resign. If you are employed on a temporary, probationary or interim contract, submitting a letter of resignation may not be necessary if your change will happen after your contract ends. For example, if you are employed on a probationary contract that ends on June 30 and you wish to work in another school division the following school year, your employment ends naturally on June 30, so you will not be required to submit a letter of resignation.
If you wish to resign from your teaching contract before your contract ends, you will be required to submit a letter of resignation to your superintendent. This could happen, for example, if you are working on a temporary contract that ends on June 30 but you would like to resign before then, or if you are working on a continuing contract and you wish to resign at any time, even at the end of the school year. To resign your continuing contract of employment or to resign your temporary, probationary or interim contract before its natural ending date, the Education Act requires that you provide your employer with 30 calendar days’ written notice. One important item to note is that the 30 calendar days’ written notice cannot be provided during, or in the 30 calendar days preceding, a vacation period of 14 days in length or longer. For most teachers in Alberta, the only such vacation periods would be the Christmas break and the summer break. For example, if you wish to resign a continuing contract to begin teaching in a new school division in the fall, you would have to ensure that your superintendent receives your letter of resignation at least 30 calendar days prior to the last operational day of the school year.
In some life circumstances, however, it may not be possible for you to provide as much notice as is required by the Education Act. If this is the case, your school division may be agreeable to accepting your resignation by mutual agreement. If your school division is not agreeable to this, please call Teacher Employment Services to review your options based on your specific circumstances.
Given that substitute teachers are day-to-day employees who are not teaching on a formal contract of employment, there are no provisions in the Education Act regarding the notice required to resign one’s position as a substitute teacher.
There are other potential issues related to a move from one school division to another, such as the effective date of your letter of resignation, and also considerations about your benefits. If you are considering resigning your contract of employment, please call Teacher Employment Services (TES). Staff officers in TES are happy to answer any questions to assist you through this transition in your employment.
WORTH KNOWING
Planning your 2021 RRSP contributions
The RRSP deduction limit for the 2021 tax year is 18 per cent of pretax earned income or $27,830, whichever is less. For example, if you earned $90,000 in 2021, your RRSP deduction limit is 18% ´ $90,000 = $16,200. However, your Alberta Teachers’ Retirement Fund pension contributions reduce the amount you can contribute to a Registered Retirement Savings Plan (RRSP). Those amounts are recorded in box 52 on your T4 from your employer. This amount is then reported on line 206 of the Income Tax T1 General.
Pension adjustments
Pension adjustments (PA) reflect the value of contributions to your Alberta Teachers’ Retirement Fund. These earned amounts take up RRSP room.
The tax formula used to determine the benefit is (9 ´ yearly benefit) - $600.
Let’s look at an example of a teacher who earns $90,000. The yearly maximum pensionable earnings (YMPE) for 2021 is $61,600.
$61,600 ´ 1.4% = $862.40
$90,000 - $61,600 = $28,400 ´ 2.0% = $568.00
Yearly benefit is $1,430.40 (862.40 plus 568.00)
PA = (9 ´ $1,430.40) - $600 = $12,273.60
RRSP room
18% of $90,000 = $16,200
$16,200 – $12273.60 = $3,926.40
***If you have both a regular RRSP and a spousal RRSP, the deduction limit is the maximum amount you can contribute to all your RRSP accounts combined.
RRSP deduction limit vs contribution limit
The RRSP deduction limit differs from the contribution limit as it does not consider past unused RRSP contributions. The RRSP contribution limit reflects your current year maximum contribution, plus any unused contribution room from previous years. Your contribution limit is the total of this year’s deduction limit and any unused contribution room.
How to find your RRSP contribution limit
The Canada Revenue Agency (CRA) tracks individual contribution limits and reports this on the individual’s Notice of Assessment each year under the heading “Available Contribution Limit.” If you set up an account with CRA, you can also check your RRSP contribution limit online. Additionally, you can also access the status of your refund, check for benefit amounts, see previous years’ tax information and notices of assessment and make payments to your tax account.
Where to report RRSP contributions
You are required to report all RRSP contributions on line 208 of your T1 General Income Tax Return. Contributions made from March to December in each year are reported in the calendar year they are made. Contributions for the first 60 days of the next year can be reported in either calendar year. Your financial institution will provide you with RRSP receipts.
Planning your 2021 RRSP contributions
The RRSP deduction limit for the 2021 tax year is 18 per cent of pretax earned income or $27,830, whichever is less. For example, if you earned $90,000 in 2021, your RRSP deduction limit is 18% ´ $90,000 = $16,200. However, your Alberta Teachers’ Retirement Fund pension contributions reduce the amount you can contribute to a Registered Retirement Savings Plan (RRSP). Those amounts are recorded in box 52 on your T4 from your employer. This amount is then reported on line 206 of the Income Tax T1 General.
Pension adjustments
Pension adjustments (PA) reflect the value of contributions to your Alberta Teachers’ Retirement Fund. These earned amounts take up RRSP room.
The tax formula used to determine the benefit is (9 ´ yearly benefit) - $600.
Let’s look at an example of a teacher who earns $90,000. The yearly maximum pensionable earnings (YMPE) for 2021 is $61,600.
$61,600 ´ 1.4% = $862.40
$90,000 - $61,600 = $28,400 ´ 2.0% = $568.00
Yearly benefit is $1,430.40 (862.40 plus 568.00)
PA = (9 ´ $1,430.40) - $600 = $12,273.60
RRSP room
18% of $90,000 = $16,200
$16,200 – $12273.60 = $3,926.40
***If you have both a regular RRSP and a spousal RRSP, the deduction limit is the maximum amount you can contribute to all your RRSP accounts combined.
RRSP deduction limit vs contribution limit
The RRSP deduction limit differs from the contribution limit as it does not consider past unused RRSP contributions. The RRSP contribution limit reflects your current year maximum contribution, plus any unused contribution room from previous years. Your contribution limit is the total of this year’s deduction limit and any unused contribution room.
How to find your RRSP contribution limit
The Canada Revenue Agency (CRA) tracks individual contribution limits and reports this on the individual’s Notice of Assessment each year under the heading “Available Contribution Limit.” If you set up an account with CRA, you can also check your RRSP contribution limit online. Additionally, you can also access the status of your refund, check for benefit amounts, see previous years’ tax information and notices of assessment and make payments to your tax account.
Where to report RRSP contributions
You are required to report all RRSP contributions on line 208 of your T1 General Income Tax Return. Contributions made from March to December in each year are reported in the calendar year they are made. Contributions for the first 60 days of the next year can be reported in either calendar year. Your financial institution will provide you with RRSP receipts.
WORTH KNOWING
Analysis: The Funding Manual
On March 31, 2021, the Province of Alberta released the funding manual for school divisions. That release included the overall funding amounts for each division. Unfortunately, the detailed funding profiles for each division were not publicly released. Almost all divisions will receive the same funding as last year, while 14 will see increases. The school divisions that will benefit from an increase to funding this year are as follows.
Analysis: The Funding Manual
On March 31, 2021, the Province of Alberta released the funding manual for school divisions. That release included the overall funding amounts for each division. Unfortunately, the detailed funding profiles for each division were not publicly released. Almost all divisions will receive the same funding as last year, while 14 will see increases. The school divisions that will benefit from an increase to funding this year are as follows.
Without the detailed funding profiles, it is difficult to be certain what led to the increases for these boards. It can be surmised that the increase is largely driven by two grant changes. The two main areas where the funding manual has changed are distance education allocations and learning supports for kindergarten.
One of the largest adjustments in the new funding formula, when it was released last year, was how the formula funded distance education for non-primary registrations (non-primary registrations are students from another school division taking a distance course from a different division). For example, a student from Wolf Creek taking an online course through Pembina Hills would count as a non-primary registration for Pembina Hills. Funding was based in blocks as follows.
One of the largest adjustments in the new funding formula, when it was released last year, was how the formula funded distance education for non-primary registrations (non-primary registrations are students from another school division taking a distance course from a different division). For example, a student from Wolf Creek taking an online course through Pembina Hills would count as a non-primary registration for Pembina Hills. Funding was based in blocks as follows.
In this year’s funding manual, the above shifted to $1,350 per student. Under last year’s funding method, the maximum amount a board could receive was $3.6 million. Now, funding will increase as the number of students increases.
The other major change was the introduction of a new grant for kindergarten students with severe disabilities and language delays. The funding amounts are as follows.
The other major change was the introduction of a new grant for kindergarten students with severe disabilities and language delays. The funding amounts are as follows.
Along with the new grant for disabilities and language delays, a grant of $4,000 per eligible student for pre-kindergarten students with moderate language delays was also introduced.
Overall, the changes in the funding manual this year appear to be aimed at addressing some of the shortcomings in the funding formula changes that arrived last year. Grant rates across the system are unchanged from last year. While it is good news that funding was not cut, the grant rates still fall short of addressing cost increases experienced across the system.
Overall, the changes in the funding manual this year appear to be aimed at addressing some of the shortcomings in the funding formula changes that arrived last year. Grant rates across the system are unchanged from last year. While it is good news that funding was not cut, the grant rates still fall short of addressing cost increases experienced across the system.
WORTH KNOWING
The 2007 Pension Settlement Tackled a Massive Shortfall
The Brief
In 2007, an historic agreement struck between the Alberta Teachers’ Association and the Government of Alberta resolved a $7 billion problem facing teachers and the government.
Known as an unfunded liability, the pension funding shortfall basically resulted from decades of underfunding of the Alberta Teachers’ Retirement Fund. The significance of resolving the longstanding issue cannot be overstated. This problem began in 1956 and was mainly caused by the government stopping contributions in return for guaranteeing the payment of teacher pensions. While this may have made sense in the booming days of the 50s, it became apparent over time that The preferred model for pensions is to have advance contributions made that grow with investment and are sufficient to cover future pension payments.
Over the subsequent 35 years, numerous attempts to solve this problem and to negotiate a new agreement between government and the Association failed. By 1992, an agreement was finally struck that resulted in splitting the plan in two: for post-1992 service, the government starting contributing 50 per cent to the plan and the guarantee was removed; for pre-1992 service, the guarantee remained in place and teachers agreed to fund one-third of the pre-1992 liability. This liability was funded through higher contribution rates. The solution worked, but it was far from ideal, taking too long – almost 60 years - to fix the problem while costing both teachers and government higher contributions than necessary.
In 2007, a new agreement meant Alberta teachers no longer had to fund a liability that was created before many of them were teaching, and Alberta taxpayers stood to save an estimated $47 billion over the next 55 years. As a result of this historic agreement, teachers’ contributions were reduced by 3.1 per cent due to the fact that they no longer made contributions to the pre-1992 unfunded liability.
The Big Questions
What is an unfunded liability?
An unfunded liability, or deficiency of a pension plan, is the amount by which the plan’s liabilities exceed its assets on a given date. The total liability of the plan is the amount of money that, according to the plan’s actuary, the plan will eventually need to pay all the benefits (including pension, death and termination benefits) that participants have earned to date based on their years of pensionable service and their salaries.
In 1956, the Government of Alberta moved to a pay-as-you-go funding model for their portion of the total pension contribution, thereby not having those funds building the plan assets overall. This also significantly impacted the ability of the fund to realize investment gains—growth that covers up to 80 per cent of the cost of a teacher’s pension.
As of August 31, 2006, the Teachers’ Pension Plan (the plan) had a pre-1992 deficiency of $6.3 billion and a post-1992 deficiency of $742 million.
As a result of the pre-1992 unfunded liability, teachers contributed 3.1 per cent more of salary than would otherwise have been necessary to support a pension plan having the same benefits. If the plan did not have an unfunded liability, teachers’ contributions in 2005 would have been 8.73 per cent of salary.
The New Agreement
November 2007 Funding Agreement Between the Association and the Alberta Government
Post- 1992 service funding
1. Active teachers contribute one-half the cost of benefits, including the 60 per cent cost-of-living adjustment for pensions.
2. The Alberta government contributes the other half of the cost of benefits.
3. Active teachers contribute 100 per cent of the cost of an additional 10 per cent cost-of-living adjustment for pensions related to pensionable service after 1992.
4. The funding of any deficiency is shared equally between the Alberta government and teachers. However, teachers alone are required to fund all the added cost with respect to that portion of the deficiency related to the additional 10 per cent cost-of-living benefit for pensionable service earned after August 1992.
Unfunded liability for pre- 1992 service
Effective September 2009, unfunded liability contributions ceased, and the Alberta government moved to pay-as-you-go funding by advancing sufficient funds to the plan to pay for all benefits as they come due. This solution saved taxpayers over $47 billion over the next 55 years.
More information about the plan and the evolution of the 1992 and 2007 agreements can be found here.
WORTH SHARING
The pre-1992 unfunded liability was a direct result of the government failing to contribute to the Teachers’ Pension Plan. #WEAREATA
The 2007 pension agreement provided a better solution that saved taxpayers $47 billion. #WEAREATA
Alberta teachers’ pensions are deferred compensation. #WEAREATA
The Alberta government does not guarantee teacher pensions. The fund is there to provide pension payments. Liabilities are shared by teachers and government. #WEAREATA
The 2007 Pension Settlement Tackled a Massive Shortfall
The Brief
In 2007, an historic agreement struck between the Alberta Teachers’ Association and the Government of Alberta resolved a $7 billion problem facing teachers and the government.
Known as an unfunded liability, the pension funding shortfall basically resulted from decades of underfunding of the Alberta Teachers’ Retirement Fund. The significance of resolving the longstanding issue cannot be overstated. This problem began in 1956 and was mainly caused by the government stopping contributions in return for guaranteeing the payment of teacher pensions. While this may have made sense in the booming days of the 50s, it became apparent over time that The preferred model for pensions is to have advance contributions made that grow with investment and are sufficient to cover future pension payments.
Over the subsequent 35 years, numerous attempts to solve this problem and to negotiate a new agreement between government and the Association failed. By 1992, an agreement was finally struck that resulted in splitting the plan in two: for post-1992 service, the government starting contributing 50 per cent to the plan and the guarantee was removed; for pre-1992 service, the guarantee remained in place and teachers agreed to fund one-third of the pre-1992 liability. This liability was funded through higher contribution rates. The solution worked, but it was far from ideal, taking too long – almost 60 years - to fix the problem while costing both teachers and government higher contributions than necessary.
In 2007, a new agreement meant Alberta teachers no longer had to fund a liability that was created before many of them were teaching, and Alberta taxpayers stood to save an estimated $47 billion over the next 55 years. As a result of this historic agreement, teachers’ contributions were reduced by 3.1 per cent due to the fact that they no longer made contributions to the pre-1992 unfunded liability.
The Big Questions
What is an unfunded liability?
An unfunded liability, or deficiency of a pension plan, is the amount by which the plan’s liabilities exceed its assets on a given date. The total liability of the plan is the amount of money that, according to the plan’s actuary, the plan will eventually need to pay all the benefits (including pension, death and termination benefits) that participants have earned to date based on their years of pensionable service and their salaries.
In 1956, the Government of Alberta moved to a pay-as-you-go funding model for their portion of the total pension contribution, thereby not having those funds building the plan assets overall. This also significantly impacted the ability of the fund to realize investment gains—growth that covers up to 80 per cent of the cost of a teacher’s pension.
As of August 31, 2006, the Teachers’ Pension Plan (the plan) had a pre-1992 deficiency of $6.3 billion and a post-1992 deficiency of $742 million.
As a result of the pre-1992 unfunded liability, teachers contributed 3.1 per cent more of salary than would otherwise have been necessary to support a pension plan having the same benefits. If the plan did not have an unfunded liability, teachers’ contributions in 2005 would have been 8.73 per cent of salary.
The New Agreement
November 2007 Funding Agreement Between the Association and the Alberta Government
Post- 1992 service funding
1. Active teachers contribute one-half the cost of benefits, including the 60 per cent cost-of-living adjustment for pensions.
2. The Alberta government contributes the other half of the cost of benefits.
3. Active teachers contribute 100 per cent of the cost of an additional 10 per cent cost-of-living adjustment for pensions related to pensionable service after 1992.
4. The funding of any deficiency is shared equally between the Alberta government and teachers. However, teachers alone are required to fund all the added cost with respect to that portion of the deficiency related to the additional 10 per cent cost-of-living benefit for pensionable service earned after August 1992.
Unfunded liability for pre- 1992 service
Effective September 2009, unfunded liability contributions ceased, and the Alberta government moved to pay-as-you-go funding by advancing sufficient funds to the plan to pay for all benefits as they come due. This solution saved taxpayers over $47 billion over the next 55 years.
More information about the plan and the evolution of the 1992 and 2007 agreements can be found here.
WORTH SHARING
The pre-1992 unfunded liability was a direct result of the government failing to contribute to the Teachers’ Pension Plan. #WEAREATA
The 2007 pension agreement provided a better solution that saved taxpayers $47 billion. #WEAREATA
Alberta teachers’ pensions are deferred compensation. #WEAREATA
The Alberta government does not guarantee teacher pensions. The fund is there to provide pension payments. Liabilities are shared by teachers and government. #WEAREATA
WORTH KNOWING
Teacher Employment Services—You Are Not Alone
Most, if not all, teachers enter the profession hoping for a long, happy and rewarding career, free from egregious conflicts or challenging predicaments. However, owing to the complex and challenging nature of the practice, teachers may at times require the support of the Teacher Employment Services (TES) program area of the Alberta Teachers’ Association (Association) when faced with professional relations or tenure matters. Considerable support is available to all members no matter if they are engaged entirely as classroom teachers or employed as administrators or in other capacities. Often, the issues facing members can be resolved through a few consultations with a TES executive staff officer. Less regularly, members require the assistance of TES because of highly complex circumstances.
A Teacher’s Right to Representation
Section 148(1)(a) (ii) of the Alberta Labour Relations Code (the code) protects the rights of teachers to be represented by the Association when facing discipline by their employer. The code also stipulates that no employer or their designate can deny or interfere with this representation.
How Teacher Employment Services Can Help
Teachers must understand their right to representation. If you have any concern about a meeting you have been asked to attend, always ask directly if it is a disciplinary meeting before attending. If you are being asked to attend a disciplinary meeting, call 1-800-232-7208 and ask to speak with Teacher Employment Services.
Teacher Employment Services—You Are Not Alone
Most, if not all, teachers enter the profession hoping for a long, happy and rewarding career, free from egregious conflicts or challenging predicaments. However, owing to the complex and challenging nature of the practice, teachers may at times require the support of the Teacher Employment Services (TES) program area of the Alberta Teachers’ Association (Association) when faced with professional relations or tenure matters. Considerable support is available to all members no matter if they are engaged entirely as classroom teachers or employed as administrators or in other capacities. Often, the issues facing members can be resolved through a few consultations with a TES executive staff officer. Less regularly, members require the assistance of TES because of highly complex circumstances.
A Teacher’s Right to Representation
Section 148(1)(a) (ii) of the Alberta Labour Relations Code (the code) protects the rights of teachers to be represented by the Association when facing discipline by their employer. The code also stipulates that no employer or their designate can deny or interfere with this representation.
How Teacher Employment Services Can Help
- Provide consultation about professional relations matters and advice as to their resolution.
- Give general and legal advice and assistance where necessary with respect to matters arising from the member’s duties as a teacher. This includes, in most cases, the provision of the services of an Association solicitor, without charge, to represent a teacher in a lawsuit or criminal allegation arising out of the teacher’s duties.
- Assist and advise teachers in cases of termination of contract or designation and provide representation, in most instances by an Association solicitor, in a Board of Reference appeal.
- Offer advice and assistance to teachers who have been asked to resign from their positions. Such advice should always be requested before a teacher submits a resignation. Some teachers believe that they must submit their resignations if they are asked to do so. This is not true.
- Provide advice and assistance and, if necessary in later stages, legal counsel for members facing charges under the Practice Review Bylaws of the Alberta Teachers’ Association.
Teachers must understand their right to representation. If you have any concern about a meeting you have been asked to attend, always ask directly if it is a disciplinary meeting before attending. If you are being asked to attend a disciplinary meeting, call 1-800-232-7208 and ask to speak with Teacher Employment Services.
WORTH KNOWING
Your Pension, Your Money, Your Future
Defined benefit pension plans, like the one paid into by Alberta teachers, are increasingly rare. The Alberta Teachers’ Retirement Fund (ATRF) has provided the finest quality in both service to plan members and investment portfolios for the past 80 years. While the investment work of ATRF may be changing as a result of Bill 22, ATRF is still the pension administrator and trustee of the plan. This means that they will continue to collect pension contributions, calculate service and administer pension payments.
You may be at a point in your career where retirement seems so far off it hardly feels real. However, it is important to learn about your pension no matter how distant you are from “Freedom 55.” For most Alberta teachers, the largest source of income in their retirement is the pension they receive from the ATRF. This pension is an important and valuable piece of your compensation, which is why Alberta teachers are fighting so hard to protect it. By taking some of their compensation as pension contributions, teachers have agreed to defer part of their earnings until retirement.
Teachers and the Government of Alberta pay for the plan together, govern it together and share the risk. If you retire with 30 years of service, you could receive approximately 50 per cent of your preretirement income. In addition, every January, a cost-of-living adjustment equal to 70 per cent of the annual increase in the Alberta Consumer Price Index is applied to your pension.
Defined benefit pension plans are under attack because they provide a benefit based on salary and service and are mandated by the plan document or legislation even in the case of losses to the assets of the plan. Those losses must be funded by the plan sponsors (in the case of the teachers’ plan, by teachers and the government), who bear the risk that the assets will not cover the pensions promised to retirees. Teachers pay more than half the contributions needed to fund their current service. In short, teachers are paying for their pension.
Your Pension, Your Money, Your Future
Defined benefit pension plans, like the one paid into by Alberta teachers, are increasingly rare. The Alberta Teachers’ Retirement Fund (ATRF) has provided the finest quality in both service to plan members and investment portfolios for the past 80 years. While the investment work of ATRF may be changing as a result of Bill 22, ATRF is still the pension administrator and trustee of the plan. This means that they will continue to collect pension contributions, calculate service and administer pension payments.
You may be at a point in your career where retirement seems so far off it hardly feels real. However, it is important to learn about your pension no matter how distant you are from “Freedom 55.” For most Alberta teachers, the largest source of income in their retirement is the pension they receive from the ATRF. This pension is an important and valuable piece of your compensation, which is why Alberta teachers are fighting so hard to protect it. By taking some of their compensation as pension contributions, teachers have agreed to defer part of their earnings until retirement.
Teachers and the Government of Alberta pay for the plan together, govern it together and share the risk. If you retire with 30 years of service, you could receive approximately 50 per cent of your preretirement income. In addition, every January, a cost-of-living adjustment equal to 70 per cent of the annual increase in the Alberta Consumer Price Index is applied to your pension.
Defined benefit pension plans are under attack because they provide a benefit based on salary and service and are mandated by the plan document or legislation even in the case of losses to the assets of the plan. Those losses must be funded by the plan sponsors (in the case of the teachers’ plan, by teachers and the government), who bear the risk that the assets will not cover the pensions promised to retirees. Teachers pay more than half the contributions needed to fund their current service. In short, teachers are paying for their pension.
Teachers also pay for past service deficiencies—all plan deficiencies must be made up within 15 years of their discovery. Teachers and the government share the burden of those payments equally. Teachers pay a percentage of their salaries into the pension plan to make up for deficiencies in the plan. The benefit teachers receive from their pensions every year they earn service is deducted from their RRSP room. Teachers and other taxpayers in defined benefit plans have no advantage over other taxpayers in saving for retirement.
The 11.34 per cent average contribution rate is broken up for teachers at 9.76 per cent of salary up to the YMPE ($61,600*) and 13.94 per cent on salary earned over the YMPE.
* For 2021.This amount changes each January 1.
The 11.34 per cent average contribution rate is broken up for teachers at 9.76 per cent of salary up to the YMPE ($61,600*) and 13.94 per cent on salary earned over the YMPE.
* For 2021.This amount changes each January 1.
