Maternity

What are my rights during pregnancy at work?

These are covered in a separate section:

How much maternity leave am I entitled to?

Statutory maternity leave is for 52 weeks 






How much maternity pay am I entitled to?

Your entitlement to maternity pay is dependent on your length of continuous service as a teacher (as covered by the Burgundy Book agreement). All employees are entitled to 39 weeks' pay in varying forms and amounts. Continuous service is counted across all LEAs and maintained schools, not just the current employer.

You can find your entitlement using the following diagram:

*For the purposes of this table, date A is given as 11 weeks before your estimated week of childbirth; date B is given as 15 weeks before your estimated week of childbirth.

 

 

 

 

 

YES

 

 

Will you have completed one year's continuous employment at date A*?

 

 

NO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Will you have you been employed by your current employer for more than 26 weeks at date B*?

 

 

 

 

 

 

 

 

Will you have you been employed by your current employer for more than 26 weeks at date B*?

 

 

 

 

YES

 

 

NO

 

 

 

 

YES

 

 

NO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

You are in
Category A

 

 

You are in
Category B

 

 

You are in
Category C

 

 

You are in
Category D

 

 

 

 

 

 

Category A

Full Burgundy Book Entitlements:

  • 4 weeks: full pay (including SMP)

  • 2 weeks: 90% pay (including SMP)

  • 12 weeks: 50% pay plus flat rate SMP

  • 21 weeks: Flat rate SMP

  • 13 weeks: unpaid

Category B
Burgundy Book Entitlements:

  • 4 weeks: full pay (including MA if eligible)

  • 2 weeks: 90% pay (including MA if eligible)

  • 12 weeks: 50% pay plus MA if eligible

  • 21 weeks: MA if eligible (unpaid otherwise)

  • 13 weeks: unpaid

Category C
Statutory Entitlements:

  • 6 weeks: 90% pay in the form of SMP

  • 33 weeks: Flat rate SMP

  • 13 weeks: unpaid

Category D
Statutory Entitlements:

  • 39 weeks: Maternity Allowance if eligible

Statutory Maternity pay (flat rate) & Maternity Allowance are paid at £123.06. To find out if you are eligible for Maternity Allowance, visit www.direct.gov.uk





When can my maternity leave start?

Maternity leave can normally start no sooner than 11 weeks before your estimated date of childbirth. You should give your employer at least 21 days notice of your intention to start maternity leave, but can choose which day it begins. This includes beginning maternity leave in holidays, or on the first day of term. (Note that this term is slightly more favourable than the 28 days required in statute, and is set out in the Burgundy Book). Employers do not have to the right to refuse or amend your maternity leave start date except in the cases outlined below:

In the case of birth before the previously-agreed date, maternity leave begins the day after your last day at work.

In the case of pregnancy-related illness during the last 4 weeks before the estimated week of childbirth, maternity leave will start automatically the day after your last day at work.





Must I return to work at the end of my maternity leave?

Teachers in categories A and B (i.e. those who have received enhanced pay under the Burgundy Book agreements) must agree to return to work for a period of no less than 13 weeks following the maternity leave.

This period of 13 weeks may include holidays, e.g. a teacher may choose to return to work on the first day of the 6 weeks holiday. He/she must then work for at least 7 weeks of the new term to reach the 13 week minimum requirement.

A teacher who returns to work on reduced hours (e.g.. changing from full- to part-time on return) is required to work the equivalent of 13 weeks on the basis of the original hours. For example, a teacher moving from full-time to a 0.5 contract may be required to return to work for 26 weeks (including holidays)

A teacher not returning to work for 13 weeks may be required to pay back some of the enhanced pay received under the burgundy book scheme. This will not affect statutory pay rights.





Can I change my return to work date?

When notifying your school of the need for maternity leave, your school should notify you of your expected return date - that is, the date on which you maternity leave expires.

Should you wish to return to work earlier than this date, then you must notify your school no later than 21 days before your intended date of return.

Similarly, if you have previously notified an earlier date, and wish to change this to extend your maternity period up to the maximum allowable, then you must notify your school no later than 21 days before your previously agreed date of return.

Note that this 21-day entitlement is less than the 8-week expectations set out in national law. This is because the Burgundy book offers more favourable conditions for teachers which override the statutory legislation in these circumstances (as indicated by LGE website)





Can I return to work part-time?

You have a right to request flexible working patterns when you have children aged up to 16.

Please see the 'Flexible Working' pages.



Can I return to work for odd days during my maternity leave?

Under the new regulations, new mothers are entitled to return to work for up to 10 'Keeping in Touch' (KIT) days during their maternity leave upon agreement with their employer.

No KIT days may be taken during the first 2 weeks after childbirth

Thereafter, any time spent working on any day will count as one KIT day. These days will not affect Statutory Maternity Pay.

However, once these 10 KIT days have been used, any days spent working will lead to Statutory Maternity Pay payments for that week being withheld.




Further Information

Further information on the provision of Statutory Maternity rights is available from the government website:

https://www.gov.uk/browse/working/time-off

Also, much of the information here is drawn from the NUT document for teachers which can be found at:

http://www.teachers.org.uk/node/8999