A2: For example, if a teacher has been at work for 2 terms out of 3 in the appraisal cycle, it is likely that sufficient evidence will be available to form a judgement. Alice Reeve is a partner at Veale Wasbrough Vizards. There will therefore be a period of service during the first appraisal year before maternity leave starts. In such cases, it may be appropriate to base an assessment on the previous year’s review, using this as an indicator of the likely performance that would have occurred had the teacher not taken maternity leave. The school’s agreed procedure for pay range progression will apply and the teacher will be required to provide evidence in support of their application. a) The teacher may access sick leave entitlement with pay as specified in Article 10 for the period of illness or disability. A1: Yes, it is for the teacher to determine when she wants to commence maternity leave, to suit her own wishes, subject to both the 11th week provision and the automatic trigger in the case of the birth of the child and pregnancy-related sickness absence. (See section 5 of the Burgundy Book). A woman can do up to 10 days' work during her maternity leave without bringing her maternity leave to an end or losing maternity pay. All employees are entitled to 52 weeks’ statutory maternity leave, made up of 26 weeks’ ordinary maternity leave (OML) and 26 weeks’ additional maternity leave (AML). The “prescribed rate” for 33 weeks (£145.18 per week from 1 April 2018 to 31 March 2019). This website and its content is subject to our Terms and These enhanced maternity provisions apply to teachers working in local authority-maintained schools and those who have … There is no prescribed definition of this, so what is reasonable will depend on the employee’s views, role and circumstances. A3: Equally, on return from maternity leave, there would usually be sufficient time left in the appraisal year for an assessment to be carried out for that appraisal year. It enhances the statutory maternity scheme for teachers who have one year’s continuous service at the beginning of the 11th week before the Expected Week of Childbirth (EWC). To qualify for occupational maternity pay, you must be covered by the Burgundy Book and employed for at least one year and 11 weeks with one or more local authorities by the expected week of childbirth. As far as we are aware authorities are adopting different practices with regard to payment for KIT days. A1: In most cases, maternity leave will overlap two ‘appraisal years’. A miscarriage or stillbirth prior to this is treated as sickness. A1: Yes, if a teacher does not return to her original job for 13 weeks after maternity leave, she will be required to repay the 12 weeks of half occupational maternity pay. However, to qualify for SMP, a teacher must have 26 weeks' continuous service with their current employer by the 15th week before the expected week of childbirth. A1: If a school wishes to, they can provide a contract that expires on the post holder’s return from maternity leave. Search from thousands of teaching jobs both in the UK and overseas. If however the teacher has been on maternity leave for a longer period during the appraisal cycle, the school may need to rely on performance prior to the maternity period. A pregnant employee is required to inform their employer of their pregnancy by the 15th week before the expected week of childbirth (EWC). It works out your Statutory Maternity Pay (SMP) and Burgundy Book Teacher Occupational Maternity Pay and provides a monthly net pay amount after deducting your tax, pension contributions and student loan. Maternity leave and maternity pay can be a source of great confusion for many teachers. 4 Weeks Full Pay 2 Weeks 90% of Full Pay 12 Weeks Half Pay Plus Statutory Maternity Pay (£151.20) 21 Weeks Statutory Maternity Pay (£151.20) 13 Weeks unpaid Do I qualify for Teacher Occupational Maternity Pay? Antenatal care is not restricted to medical examinations – it can include relaxation and parentcraft classes, provided that these are recommended by a registered medical practitioner, midwife or health visitor. A1: The earliest date that maternity leave and, consequently, SMP can start is from the 11th week before the week the baby is due (unless the baby is born before this); the latest date is the day following the birth. A4: The 12 weeks of half occupational maternity pay is only payable on condition that the teacher returns to work for at least 13 weeks. Leave and pay will both start on the day following the first day of absence. According to the Advisory, Conciliation and Arbitration Service (ACAS) website: “There is no statutory right for employees to take time off work to undergo investigations or treatment.” However, “employers should treat medical appointments related to IVF the same as any other medical appointment under the terms and conditions of the contract of employment. You will then be back on full … Check your teacher salary against the 2019-20 pay scale with... Is there a time limit on qualified teacher status? Clearly, in most circumstances the employee is likely to have been at work for a significant part of the two year cycle (for example 3 to 4 terms out of 6) to enable an assessment to be made without the need for two specific appraisals to have taken place. All teachers, regardless of their service, are entitled to 52 weeks maternity leave. More detailed guidance for employers on handling a request to work flexibly can be found on the ACAS website. This is a right to return to a full time contract if the teacher was originally employed on a full time contract. A2: A teacher has the right to return to her job in the school on the same terms and conditions. Our calculator makes the following assumptions: Would you like to know how our calculator works? Weeks 5 - 6 are paid at 90 per cent of salary, and weeks 7 - 18 at 50 per cent of s… One option, is to offset the pay due against the SMP for the day. London WC1R 4HQ. The current occupational and statutory maternity entitlements are set out below. A1: Assessing performance in the context of absence may create some difficulties for the appraisal process. A3: However, those engaged as described in paragraph (b) may be entitled to OMP, as long as they meet the qualifying criteria for service and/or requirement that they return to their job following maternity leave. This period can be used to assess performance for that appraisal year, taking into account any issues which may have arisen due to the pregnancy. A2: The Maternity Scheme for Teachers is at section 5 of the Burgundy Book and therefore, teachers falling within category (a) of paragraph 1.1 are not covered. All pregnant employees have a statutory right to paid time off to receive antenatal care. Both parties must agree to this arrangement and there is no prescriptive right to payment. This may be the notice provisions contained within the Burgundy Book or a different notice period specifically provided for in that contract. A3: If a school still applies through its pay policy the pre-2014 arrangements under which 2 years were spent on an Upper Pay Range pay point, similar principles would apply, if for some part of that period the employee was on maternity leave. a full-time teacher who returns on a 50 per cent contract must return for 26 weeks. Important Tip 1: If there are school holidays towards the end of your maternity leave, remember you can return to work during school holidays.

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