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Maternity Leave & Pay


  • Maternity Acronyms For Information

    SMP - Statutory Maternity Pay (£138.18 per week from April 2014)

    SMA - Statutory Maternity Allowance (£138.18 or 90% of your average gross weekly pay, whichever is the smaller)

    OMP - Occupational Maternity Pay

    EWC - Expected Week of Childbirth

  • What is the qualifying period for the teachers' maternity scheme?
    To qualify for the teachers occupational maternity scheme a teacher must meet the qualifying service criteria of a having 52 weeks continuous service immediately prior to the beginning of the 11th week before the expected week of confinement (EWC). A week’s service means having worked for at least one day in that week.
  • What Qualifying Service Do I Need To Be Entitled To Maternity Leave and Pay?

    Qualifying Service

    Entitlement

    Less than 26 weeks’ service.

    A week’s service means having worked for at least one day in that week.

     

     

     

    Up to 52 weeks’ maternity leave. SMA will be payable for up to 39 weeks, provided that the teacher has been working for at least 26 of the 66 weeks, ending with the week before her EWC.

    26 weeks’ continuous service, leading into the 15th week before the EWC.

     

    26 weeks’ Ordinary Maternity Leave, plus 26 weeks’ Additional Maternity Leave. Statutory Maternity Pay will be payable for 39 weeks.

    52 weeks’ continuous service immediately prior to the beginning of the 11th week before the EWC.

     

     

     

    26 weeks’ Ordinary Maternity Leave, plus 26 weeks’ Additional Maternity Leave.

    39 weeks’ Statutory Maternity Pay and

    18 weeks’ Occupational Maternity Pay.

     

    This breaks down as:

    • 4 weeks’ full pay;
    • 2 weeks’  90% pay;
    • 12 weeks half pay plus SMP;
    • 21 weeks SMP only.
  • What Maternity Pay Am I Entitled To?

    The following queries are predicated on the teacher meeting the qualifying service criteria of having 52 weeks continuous service immediately prior to the beginnig of the 11th week before the expected week of confinement (EWC):

    1. Teacher whose contract of employment ceases whilst on maternity leave i.e. redundancy and who is not re-employed.

    Entitlement to Occupational Maternity Pay (OMP) ceases at the end of contract.

    If entitled to Statutory Maternity Pay (SMP) this will continue until the end of the maternity pay period.

    In the case of redundancy, normal redundancy rules will apply.

    2. Teacher on a 1/365 (1 year contract) or any type of fixed term contract who does not have a job to return to.

    Entitlement to OMP ceases at the end of contract.

    If entitled to SMP this will continue until the end of the maternity pay period.

    In the case of redundancy, normal redundancy rules will apply.

    3. Teacher employed on a temporary contract whose maternity leave commences during the contract period and extends beyond the contract termination dates but does not have a job to return to.

    Entitlement to OMP ceases at the end of contract.

    If entitled to SMP this will continue until the end of the maternity pay period.

    In the case of redundancy, normal redundancy rules will apply.

    4. Teacher whose maternity leave is due to commence whilst on a career break (eg career break from 1/9/14– 31/8/15 and maternity leave to start on 20/8/14).

    Not entitled to OMP throughout the duration of their career break.

    However, if their return to work date, from their career break, falls within the 39 week maternity period they are entitled to the remainder of OMP.

    (No entitlement to SMP).

    5. Teacher whose maternity leave commences immediately after a career break (i.e. career break from 1/9/14-31/8/15 and maternity leave to commence on 1/9/15).

    Entitlement to OMP will commence immediately.

    (No entitlement to SMP).

    6. Teacher whose maternity leave commences whilst on sick leave.

    If sick leave is the result of a non-maternity related illness normal sick pay will apply until the start of their maternity leave as indicated on their application form.

    If sick leave is pregnancy related – see paragraph 7 of TNC 2008/1 ‘Teachers’ Occupational Maternity Leave Scheme’.

    7. Teacher falling sick with a pregnancy related illness during maternity leave.

    Statutory Sick Pay (SSP) is not payable under any circumstances during the 39 weeks SMP period (starting with the first day of entitlement to those payments).

    SMP and OMP are payable in accordance with the provisions of the Teachers’ Occupational Maternity Leave Scheme. However Occupational Sick Pay (OSP) offset against the payments made by way SMP is payable once the “ordinary maternity leave” period is completed (i.e. from the 27th week).

    8. Teacher falling sick with a non-maternity related illness during maternity leave.

    SSP is not payable under any circumstances during the 39 weeks SMP period (starting with the first day of entitlement to those payments). However OSP offset against the

    payments made by way of SMP is payable after the compulsory maternity leave period of 2 weeks.

    During the first 2 weeks SMP and OMP are payable in accordance with the provisions of the Teachers’ Occupational Maternity Leave Scheme.

    9. Teacher who takes full 52 weeks maternity leave, falls pregnant during this time, and takes another 52 weeks maternity leave.

    Entitled to SMP and OMP during both periods of maternity leave.

    10. Teacher whose baby is born early and only lives for a short time. Is SSP paid SMP only or SMP and OMP?

    If a baby is born after 24 weeks the provisions of the Teachers’ Occupational Maternity Scheme come into operation. If before 24 weeks

    then the sick pay scheme applies.

  • How soon must I let the school know that I am expecting?
    A teacher must submit a TR160 Form, not later than the end of the 15th week before the EWC. The teacher must also submit an MB1 Form, or other medical evidence, showing the EWC.
  • Can I change the date that I gave for my return to work from maternity leave?
    Yes, as long as you give the school at least 28 days’ notice of the change. You can make the return date earlier or later than first given.
  • Can I go straight onto sick leave from maternity leave?
    Yes you can. You should try to let the school know, at least a week in advance, that you will not be returning to work and will be going on sick leave.
  • Do I have to go back to work before the end of June to qualify for my summer pay?
    No, this is a myth. A teacher can return to work from maternity leave on 1st July.
  • Can I be off on sick leave immediately before my maternity leave?
    Yes you can. However, if you are sick with a pregnancy-related illness in the four-week period before the baby is due, maternity leave will automatically be triggered, as soon as the four-week period begins. If the illness is not pregnancy-related, it will have no effect on maternity leave.
  • What are KIT days and do I have to use them?
    KIT days are ‘keeping in touch’ days, which a teacher can use to go into work, without ending her maternity leave. They are completely voluntary and the school does not have to offer them to the teacher. A teacher will receive full pay for any KIT days (less any maternity pay she is receiving).