What to do......????

[Heatherlucie]

Hi there,

I have a bit of a problem on my hands....can anyone help?!
In short I am a teacher who was employed on a years contract last September to cover maternity. I really hoped that the school would find a way to keep me but I have recently been told that I will have to leave at the end of my contract (July). I am nearly 8 weeks pregnant and no-one knows yet at school. The baby is due at the end of September so I would not get any maternity pay from my school as they will pay me up until Aug 31st (until my years contract expires).
The problem is is that in teaching they advertise jobs for September NOW!!! so do I hope that all goes well with this pregnancy and NOT apply for a job in September as I would be almost giving birth or....
Do I act as if Iam not pregnant and go for a job and not tell them. I know legally I don't have to and I am so early that I don't actually want to tell anyone at an interview anyhow. If I got a job for September and didn't tell them but had signed a contract would they still legally have to pay for my maternity leave?? In teaching they send the contracts out very quickly once appointed even if the job does not start for a number of months.

I really don't know what to do! I am an honest person but I really could do with the maternity money and have no idea anyhow of what the future will bring. I can only hope all goes well with the pregnancy.

If anyone can offer any guidance I would be most grateful.

Thanks!

Heather

 

[daftscotslass]

I'd go for applying. I got pregnant only a month after I got my first permanent teaching post (though I'd already been in the school a year and half temporarily as a student and then probationer teacher/NQT). The school were very understanding. As you say they can't discriminate on the basis of your pregnancy but this is only the very basic entitlements.

Just be careful with your entitlements to SMP/OMP - I don't know too much on the details on it works but in most cases you have to have been employed for a certain number of weeks before you're entitled to SMP and also OMP (i.e. full pay for a while during your leave).

 

[valentine]

Congratulations on your pregnancy!

The baby is due at the end of September so I would not get any maternity pay from my school as they will pay me up until Aug 31st (until my years contract expires).

You WILL be entitled to maternity pay from your current Local Authority as you have worked during your qualifying period, regardless of whether you are still employed by them when baby is actually born.

Please see here:-

Statutory Maternity Pay (SMP)
You can get Statutory Maternity Pay (SMP) for up to 39 weeks, as long as you meet the conditions.

To qualify for Statutory Maternity Pay you must have been:

employed by the same employer continuously (some breaks do not interrupt continuous employment) for at least 26 weeks into the 15th week before the week your baby is due

From here - clicky

I know you probably won't believe what you see above, but when pregnant with my first baby, I was in a similar position on a fixed term contract, hence knowing the law.

I would find a copy of your Local Authority (current employer's) staff handbook as I imagine you'll get enhanced maternity pay too as you work for a Local Authority. I'll bet it works on a fairly similar qualifying period, so you may also get the so many weeks full pay, so many weeks half pay, then SMP that many teachers here get.

In terms of applying for things, by all means go for it, accept the job, sign the contract then tell them you'll be delaying your start for a year or so - unethical yes, but at least it guarantees you a job to go back to after the baby is born.

Valentine Xxx

 

[Heatherlucie]

Gosh your reply has really made me sit up and take notice. Thanks Valentine! I am calling my NUT as it is all confidential just to confirm my rights but fingers crossed that I will be entitled to some if not all maternity. After all this is a case of bad timing really! lol! Which by the way is so so so typical of me as a person. If the truth be known I would not apply for another job for September if I am entitled to maternity pay despite my contract ending as it may cause ill feeling as my new school when and if I eventually turned up...but then again one has to look after oneself. This certainly causes a problem when you are an honest person!

You are a star, thanks for the reply once again.
Heather

 

[Heatherlucie]

Well..I have called the NUT and they are getting back to me as the woman had not come across a case like mine before. She said that in theory anyone is entitled to maternity leave on full pay and SMP even if on a fixed contract....but she wasn't sure about mine as my contract will have ended when I officially go on maternity leave and therefore I may miss out! (ohhh if only I had got pregnant two months before!)
Anyway, she is calling London Head Office and getting back to me. Will keep you updated!
Heather

 

[valentine]

Yay!

Is NUT = National Union of Teachers? Here (Scotland) = General Teaching Council.

I'm fairly (99%) sure she'll come back with good news for you - it shouldn't matter when your contract ends, just that you've worked there during your 'qualifying period' - that's the law - hopefully that will entitle you to enhanced maternity benefits too, which most teachers are entitled too!

Keep us updated!

Valentine Xxx

 

[daftscotslass]

Tis a bit different in Scotland as we have a national agreement on maternity leave for teachers so across the board (primary and secondary) it's always the same. Don't know if there is a similar agreement in England? Hopefully your union can help.

Valentine I think NUT is their union, like the EIS is to us

 

[valentine]

Tis a bit different in Scotland as we have a national agreement on maternity leave for teachers so across the board (primary and secondary) it's always the same.

Oh I didn't know that, that's good!

Valentine I think NUT is their union, like the EIS is to us

I'm such a donut, that's what I meant!

Are you any further forward Heather?

Valentine Xxx

 

[maybebaby]

Well..I have called the NUT and they are getting back to me as the woman had not come across a case like mine before. She said that in theory anyone is entitled to maternity leave on full pay and SMP even if on a fixed contract....but she wasn't sure about mine as my contract will have ended when I officially go on maternity leave and therefore I may miss out! (ohhh if only I had got pregnant two months before!)
Anyway, she is calling London Head Office and getting back to me. Will keep you updated!
Heather

You can start you maternity leave/pay any time from 29 weeks pregnant, so you could start before the end of your contract if it's going to cause problems.

 

[Heatherlucie]

Hi again all...so this is the advice that I received from the national union of teachers.....I have literally copied and pasted the e-mail. I have to say I am still slightly confused!!!!!!



"I have at last managed to get some advice about your situation. It states in our booklet Maternity Matters, at the beginning under Section 1.4. that you would be need to be employed at the date you start your maternity leave. However, one of my colleagues thought you could try and start your maternity leave in the last week of August as you will be still be employed then. You will be paid for August anyway but it would not hurt to try this option. Technically, you do have to be employed when you start your maternity leave. Teachers whose fixed-term contracts expire without being renewed before their maternity leave commences will not be entitled to occupation maternity leave or pay.

Regarding looking for another job. This really is a decision for you to make. We are of the opinion that you should go ahead and apply for posts now and be available to start work in September. Once you have been offered the job you can then say, when you are ready to do so, that you are pregnant and will be taking maternity leave. You cannot be discriminated against because of your pregnancy and you would be able to take up the post following your maternity leave. If you did this, you would then be entitled to your occupational maternity pay as you would still be employed. If you decide not to look for another job at the moment you would of course still be entitled to your statutory maternity pay and your current employer would pay this to you. Statutory Maternity Pay is currently £117.18 per week but is due to increase in April."