The Alberta Teachers’ Association

Contract Status

Substitute teachers are fully qualified, certificated teachers employed by school boards to replace the regular classroom teacher when necessary. They are employed on a daily or short- term basis under section 208 of the Education Act.

208(1) A teacher may teach without a contract of employment that is in accordance with section 205 only when the teacher is employed

(a) on a day to day basis, or
(b) to occupy a vacancy that is expected to be less than
20 consecutive teaching days in duration.

(2) Neither a teacher who teaches without a contract of employment that is in accordance with section 205 nor the board employing the teacher may appeal to the Board of Reference in respect of that teacher’s employment.

Of special significance in this section of the act is the implication that a board may not employ a teacher without a contract if the position that teacher is to occupy is known in advance to be vacant for 20 or more consecutive teaching days. If such a vacancy is to be filled, it must be done by offering a contract to a teacher. This would usually be a temporary contract under section 209 of the Education Act.

209(1) A teacher may be employed by a board under a temporary contract of employment when that teacher is employed for the purpose of replacing a teacher who is absent from the teacher’s duties for a period of 20 or more consecutive teaching days.

(2) A temporary contract of employment entered into under subsection (1) must

(a) specify the date on which the teacher commences employment with the board, and
(b) terminate

(i) on the June 30 next following the commencement date specified in the contract, or
(ii) on a date provided for in the contract,
whichever is earlier.

(3) Notwithstanding anything contained in a temporary contract of employment, a party to a temporary contract of employment may terminate that contract by giving 30 days’ written notice of the termination to the other party to the contract.

(4) Section 231 does not apply to the termination of a temporary contract of employment under this section.

As a professional replacement for the regular classroom teacher, the substitute teacher must be recognized and accepted as an important member of the profession. Students’ education cannot be put on hold due to the absence of their teacher. It takes an enthusiastic, flexible, skilful and knowledgeable person to be effective in the variety of positions substitute teachers are asked to fill, often with very little notice.

If substitute teachers were not available as professional replacements, regular classroom teachers would not be able to take advantage of inservice and professional development opportunities, and the variety of leaves available to teachers would be much more difficult to obtain. Substitute teachers are integral members of the public education system and the teaching profession.

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