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You have the right to request an extension of your induction period and your school cannot refuse this – ATL would usually advise this course of action, but do seek advice from us first.
You do not have to have your induction period extended by the period of your absence on statutory maternity leave, but you will not have successfully completed induction and will no longer be eligible to teach (unless your headteacher informs you that s/he will be in a position to informs the appropriate body (ie the local authority (LA) or ISCTIP) that you have satisfactorily completed the induction requirements).
Maternity leave
All expectant mothers are entitled to 26 weeks' maternity leave. If you work in the maintained sector, you are entitled to 26 weeks' ordinary maternity leave followed by 26 weeks' additional maternity leave if you have been employed by the same employer for 26 weeks by the fifteenth week before their expected week of childbirth. Continuous service with one or more LEAs counts in this provision.
If you have changed employers or work on a supply basis you may still be entitled to receive the full 52 weeks of maternity leave.
If you work in an independent school you will need to check your contract to see if your employers offer anything other than the statutory benefits.
Arrangements for Northern Ireland mirror those in England and Wales.
Maternity pay
Additional maternity pay is treated as earnings and so you will pay tax, national insurance and pension contributions on it, as appropriate.
Maternity allowance
If you do not qualify for statutory maternity pay, you may qualify for maternity allowance. Maternity allowance is payable if you have earned more than the lower earnings limit for 26 weeks within the 66 weeks prior to your expected week of childbirth. It is £102.80 per week (as at April 2004, or 90 per cent of your weekly earnings if they are less than £102.80) and should be claimed from your local office of the Department for Work and Pensions/Benefits Agency/ Jobcentre Plus.
If employed, your employer should inform you when you notify them that you are pregnant if they are not able to pay you statutory maternity pay. They should then provide you with a Form SMP1 to allow you to claim maternity allowance from your local office of the Department for Work and Pensions/Benefits Agency/Jobcentre Plus. Remember, maternity allowance is not taxable. If you are not eligible for maternity allowance then you may be able to claim income support. You should speak to your local office of the Department for Work and Pensions/Benefits Agency/Jobcentre Plus for details of how to claim.
When to tell your employer
When you find out that you are pregnant, you will need to consider when to inform your employer. There is no statutory requirement for you to inform your employer until 15 weeks before your expected week of childbirth. However, the earlier that your employer knows that you are pregnant, the earlier a health and safety risk assessment can be undertaken to protect you and your child.
You may have to inform your employer earlier if you wish to attend ante-natal classes as these usually start before the fifteenth week before the expected week of childbirth.
Ante-natal classes
You have a right to attend ante-natal classes during your normal working day. This can include parenthood and relaxation classes. Where possible, these appointments should be made at a time which minimises disruption to the working day. Your school/college may require a letter from your GP stating that the appointments are part of your ante-natal treatment.
Notifying your employer
You should notify your employer in writing that you are pregnant by the fifteenth week before your expected week of childbirth. The letter must state the date that you wish to start your maternity leave (you will need to give 28 days' notice if you wish to vary this date). Your employer should be given a copy of the Form MAT B1 which is the certificate stating your expected week of childbirth issued to you by your midwife
Your employer will then write back to you within 28 days confirming this information and stating the date that you are due to return to work. Your employer must assume that you are going to take your full entitlement to maternity leave. If you start maternity leave on a different date to that in your notification you should receive a new confirmation of your expected return-to-work date.
Starting maternity leave
Maternity leave must start on a Sunday. The earliest you can start maternity leave is 11 weeks before your expected week of childbirth. The latest date you can start maternity leave is the Sunday of the expected week of childbirth. If your child is born early, maternity leave will begin immediately. If you are ill with a pregnancy-related illness within four weeks of your expected week of childbirth then your maternity leave will start automatically. If the illness is not related to your pregnancy, you are entitled to remain on sick leave until the maternity leave start date you originally arranged with your employer. You will need to provide medical certificates to your employer until you start maternity leave.
During maternity leave
During maternity leave, you remain an employee and have the same rights as other members of staff, except to pay. Your employer may have a `Keeping in Touch' policy which allows you to be kept informed formally of developments at work and enables the employer to know how you are getting on with your new baby. This may make it easier for you to return to work or to amend your return-to-work date if you need to.
Returning to work
ATL recommends that you do not confirm a return-to-work date until after the birth of your child and once you are sure of your childcare arrangements as there is no statutory arrangement to extend your maternity leave after you have formally given a return date.
There is no requirement for you to inform your employer if you return on the date notified to you by your employer. If you wish to return before this date you will need to write to your employer giving at least 28 days' notice. If you are ill at the end of your maternity leave or after you have notified your employer of your return-to-work date the usual sick leave provisions apply, as long as you have a medical certificate from your GP.
Those teachers who received additional maternity pay, under the Burgundy Book conditions, will only be entitled to retain the portion of maternity pay paid at 50 per cent of salary once they have returned to work for a total of 13 weeks' full-time service. School holidays are included in this period. You must return to your original school. If you were a full-time teacher and return on a part-time basis, you will need to work the equivalent of 13 full weeks (i.e. 65 days). If you return to work after ordinary maternity leave you must be returned to your old job. If you return to work after additional maternity leave you may either be returned to your original role or your employer may decide to employ you in a similar role after discussion with you. This must not be on a lower salary or with reduced responsibility.
Salary increases
Maternity leave counts as employment for the purposes of annual increments on the main pay scale. Teachers eligible for progression on the leadership, AST or upper pay spine should be considered on their performance over the relevant period. As your maternity pay is based on your average salary over the eight weeks prior to the fifteenth week before your expected week of childbirth, any changes to your salary after this period will not be reflected in your maternity pay.
School holidays
If your maternity leave falls over a school holiday then you are not entitled to that period of leave at a later date. You may return to work during a school holiday period if you wish as long as you have given at least 28 days' notice to your employer. You may be required to provide a doctor's certificate to confirm that you were fit to return at that date.
Multiple employments
If you work for more than one employer and qualify for statutory and/or additional maternity pay with each employer, you are entitled to receive statutory and/or additional maternity pay from all your employers. You may start or end your maternity leave at different times with your employer if you wish.
Multiple births
If you have more than one baby at one time then only one period of maternity leave can be taken and you will receive only one payment of statutory maternity pay from your employer.
Teachers' Pension Scheme
While you are on paid maternity leave you will be credited with service in the Teachers' Pension Scheme. You will pay your contribution based on what you actually earn. While you are on unpaid maternity leave, you are still a member of the Teachers' Pension Scheme but will not be credited with service. If you wish to top up your pensionable service and you are an ATL member, you should contact ATL's Pension Team on 020 7782 1600 for advice.
If you return to work on a part-time basis, you will need to elect to rejoin the Teachers' Pension Scheme using Form 261 (available from your employer or the Teachers' Pensions website). You may wish to read a copy of the ATL factsheet on this subject, entitled Part-time and supply teaching, and part-time lecturing.
Membership of ATL
ATL offers a special membership package for members who are about to go on maternity leave and/or plan to take a break from teaching in order to raise a family. Please contact the Membership department on 020 7782 1602 for further details.
Help and support
For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff (029 2046 5000) or Belfast offices (02890 327 990) or email info@atl.org.uk.
For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time).
If you are not a member, join now.