Employment contracts to provide for terms
2. (1) Every employment contract between a board and a board employee that applies during the restraint period shall provide for the following terms and shall not be inconsistent with those terms: 1. The compensation or rate of pay that the employee is entitled to during the restraint period shall not be greater than the compensation or rate of pay he or she was receiving as of the day before the beginning of the restraint period for the employee. 2. If a person is hired during the restraint period, his or her compensation or rate of pay shall not be greater than that provided as of August 31, 2012 to an employee with similar qualifications in the same or a similar position with the same employer. 3. If an employee changes position or changes status between full-time and part-time during the restraint period but remains employed by the board, his or her new compensation or rate of pay shall not be greater than that provided as of August 31, 2012 to an employee with similar qualifications in the same or a similar position with the same employer. 4. The compensation or rate of pay to which an employee is entitled under paragraph 1, 2 or 3, as the case may be, shall not be increased for any reason during the restraint period. 5. Such days of service credits as have been accumulated by an employee as of August 31, 2012 may be counted as standing to the employee’s credit, but no service credits may be accumulated after that day. 6. Upon the retirement of the employee, such service credits as have been accumulated shall be paid out at the lesser of, i. the rate of pay specified in the employee’s employment contract as the rate for payment of service credits, and ii. the employee’s rate of pay as of August 31, 2012. 7. Such days of sick leave credits as have been accumulated by an employee as of August 31, 2012 under a system of sick leave credit gratuities established under section 180 of the Education Act may be counted as standing to the employee’s credit, but no sick leave credits may be accumulated after that day except as may be allowed under the regulations made under section 180.1 of the Education Act. 8. Upon the retirement of the employee, such sick leave credits as have been accumulated shall be paid out at the rate of the employee’s pay as of August 31, 2012. 9. An employee shall be eligible for 10 days of sick leave during a board’s fiscal year paid at a rate of pay equal to 100 per cent of the employee’s salary for the year. 10. An employee shall be eligible for an additional 120 days of sick leave during a board’s fiscal year paid at a rate of pay equal to, i. 90 per cent of the employee’s salary as of August 31, 2012, if the employee’s entitlement to that rate has been determined through an adjudicative process agreed to by the employee and the board, or ii. 66.67 per cent of the employee’s salary for the year, for all other employees. 11. Any other prescribed terms. 2012, c. 11, s. 2 (1). Inconsistent with the terms of an employment contract (2) An employment contract is inconsistent with the terms described in subsection (1) if it includes terms that change, nullify or limit the operation of a term described in subsection (1). 2012, c. 11, s. 2 (2). Deemed provisions (3) If an employment contract that applies during the restraint period does not provide for a term described in subsection (1), the contract is deemed to provide for it, and if the term is prescribed for the purposes of paragraph 11 of subsection (1) after the beginning of the restraint period, the contract is deemed to have provided for the term as of the first day of the restraint period. 2012, c. 11, s. 2 (3). Inoperative provisions (4) If an employment contract that applies during the restraint period is inconsistent with the terms described in subsection (1), the contract is inoperative to the extent of the inconsistency, and if the inconsistency is with respect to a term prescribed for the purposes of paragraph 11 of subsection (1) after the beginning of the restraint period, the contract is deemed to have been inoperative to the extent of the inconsistency as of the first day of the restraint period. 2012, c. 11, s. 2 (4). Payments for lost compensation (5) A board shall not provide compensation to an employee, before, during or after the restraint period, for compensation that he or she will not, does not, or did not receive as a result of this Act. 2012, c. 11, s. 2 (5). Application (6) This section applies to an employment contract whether the contract is entered into before, on or after the day this subsection comes into force. 2012, c. 11, s. 2 (6). Broader Public Sector Accountability Act, 2010 (7) This section does not apply to an employment contract for an employee to whom Part II.1 of the Broader Public Sector Accountability Act, 2010 applies. 2012, c. 11, s. 2 (7).