| (1) | An educator appointed in a permanent capacity who— |
| (a) | is absent from work for a period exceeding 14 consecutive days without permission of the employer; |
| (b) | while the educator is absent from work without permission of the employer, assumes employment in another position; |
| (c) | while suspended from duty, resigns or without permission of the employer assumes employment in another position; or |
| (d) | while disciplinary steps taken against the educator have not yet been disposed of, resigns or without permission of the employer assumes employment in another position, |
shall, unless the employer directs otherwise, be deemed to have been discharged from service on account of misconduct, in the circumstances where—
| (i) | paragraph (a) or (b) is applicable, with effect from the day following immediately after the last day on which the educator was present at work; or |
| (ii) | paragraph (c) or (d) is applicable, with effect from the day on which the educator resigns or assumes employment in another position, as the case may be. |
| (2) | If an educator who is deemed to have been discharged under paragraph (a) or (b) of subsection (1) at any time reports for duty, the employer may, on good cause shown and notwithstanding anything to the contrary contained in this Act, approve the reinstatement of the educator in the educator's former post or in any other post on such conditions relating to the period of the educator's absence from duty or otherwise as the employer may determine. |
