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4.9 ACCRUAL OF STATUTORY ANNUAL LEAVE DURING MATERNITY LEAVE

Discussion in 'Parenting' started by alexmoran, Jan 28, 2011.

  1. Can anybody help me to understand this statement from the Burgandy Book. I went on Maternity leave mid June - I am taking a full 12 months off.
    I saw this which really through meas I don't fully know whether we teachers get this entitlement as I know of no colleagues ever mentioning it. Other new mum friends who work in different professions whilst they have been off on maternity leave have built up annual leave and are using it as a phased back to work ie: a 4 day week for a few months.
    Do we get this entitlement of holidays?

    Lex


     
  2. Nope! Tried that one! Because our contract doesn't specify a holiday entitlement it's not something we can earn or accrue, though this was the case in other professions I've worked in when I had earlier children.

    Sorry - probably not what you wanted to hear! You can apply to your school for a phased return but obviously you would only get paid for what you work and it would be at their discretion as to whether they allow it or not.
     
  3. thanks for the info' - why this book says we are entitled to it when we are not baffles me - but that's life I guess ...
    Lex
     
  4. There are some situations where this would apply, but it would involve you leaving teaching at the end of your mat leave, and starting it very early on in the holiday-acrruing year (assuming that is Sept for sake of argument here).
    There were some posts about this a while back, and if I remember rightly, the jist of it is that during your mat leave you accrue stat. annual leave, but that this is carried forward to the next year.
    If you were to work, say, until the start of october and then go on mat leave for 12 months, you would have not had any holiday during that school year. If you were then going to leave teaching, you would be entitled to stat. annual leave (NOT teachers annual leave) to be paid after this period. If you go on mat leave after feb half term (or possibly a little in to the easter holiday), then you would not be entitled to this, as you would have already had 4 paid weeks of holiday or whatever the stat. allowance is. Basically if you start your mat leave after having holiday amounting to the stat allowance, you wouldn't be able to claim this.
    For teachers returning to work, any 'unused' stat holiday is carried over to the next year, and as we get tonnes of holiday that carried over allowance is mopped up by our normal holidays, as we get more than 2x the stat allowance per year anyway.
    It could certainly be seen as a good argument for returning to work on the first day of a holiday, in order to be paid for that period (although I don't want to start an argument with mat-cover teachers here).
     
  5. shimoda

    shimoda New commenter

    Although teaching keeps trying to deny it you are entitled to your accrued leave, ie when you go back you should have all your holidays you have missed still to take. A friend (primary teacher) has just done this (in Scotland) and my OH has 40 days of leave to take after a long absence(not teaching).
    Whether or not the burgundy book has anything to say about it, it is writen in employment law. This means it supersedes your contract. Your best bet would be to speak to someone like ACAS and then present the proper legal stand point to your employer.
     
  6. Yeah in some LA's in Scotland the new law has been put into place. Thankfully my own is one. Therefore when I go on Mat leave in March I will get paid fro 19 days accrued holiday (calcluated at 0.33 something for every day worked) and then I start accruing again. So if i took the full year off I would get 66 days holiday to take at end. I plan to put my start back date as Jan some time and use my accrued holidays to take me up to the year off.

    I am not sure how long this will last as our councils are not happy about doing it and are already trying to reduce it to 40 days ( the backdoor to reducing our hols in these tough times??).
    JH
     
  7. I find this quite confusing (blame baby brain) but from what i understand and have read, I thought it was only in Scotland and not England?
     
  8. Yeah i am in Scotland, was saying that some LA's in Scotland have taken it on. x
     
  9. shimoda

    shimoda New commenter

    The entitlement is writen into employment law and the authorities and schools not providing it are technicaly breaking the law no mater how they try and spin it. This nonsense of no holiday entitlement writen into your contract does not take account of the (again) statutory entitlment to a minimum of 5.3 weeks (28days for a five day working week).
    I expect they are banking on no one taking them to a tribunal because of the stress.
     
  10. I was interested to see this post as my friend who is in banking told me about adding holiday on to end of maternity leave.
    On what rate would you be paid for your holiday if this was the case?

    Would you raise this with your head? or speak to your LA first?

    If this isn't an option I plan to go back in sep after starting maternity last oct. To be paid for the summer hols do i have to go back for last week in july or can i give my start date as first day of holidays? i have a meeting with the head coming up soon so want to get my facts right! I was thinking about going back for last couple of days for meetings etc in july but not sure if in teaching you can go back mid week if you are on a full time contract before maternity.

    Any help on these issues would be much appreciated.
     
  11. You can go back on any day of your choosing.
    So it could be the first day of the hols or the last day of the term if you like.
    The tagging-on holiday thing is irrelevent here (assuming you are in England) as you are returning to work. It's works differently to every other occupation!!
     

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