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How long do you have to work to keep your maternity pay???

Discussion in 'Pregnancy' started by saf_nqt, Feb 20, 2011.

  1. Hi guys,
    Friday was my last day before I started my maternity. At the moment I work full time. I wanted to go back part time (3 days) after one year of maternity. My headteacher won't tell me if she will let me come back part time. She said we would have to discuss it again in May when she thinks about the restructuring of staff for next year.
    I was thinking if she says no to part time I don't want to work full time. How long would I have to work if I wanted to keep the maternity money?
    Also do I have the right to come back to my same job?
  2. toeinwater

    toeinwater New commenter

    I[ve not been through it, but I've been on this forum for a long while. Here's what I think...
    Your head has no obligation to keep your same job for you; if you're primary currently working in nursery, you could come back to find yourself working in y6.
    You have to work 13 weeks f/t in order to keep your mat entitlement. This would be pro rata if you came back p/t. I believe there is an option for you not to receive your full entitlment until you know what your plans are. That way, you would either receive it in a lump sum once you had fulfilled an obligation to return to work for 13 weeks or equivalent, or you've saved yourself a potentially tricky situation of having to find the money to pay back if that situation arose.
    Hope this helps. I'm sure other people can verify this (or counter it if I'm incorrect!) and add more detail.
    Happy mat leave! [​IMG]
  3. I agree with toeinwater, 13 weeks at full time to not pay back OMP.
    Your head does not have to accept your request for part time - but has to give a valid reason for not. I have a letter when you get to that stage if you want it.
    I am due back in July (8 month LO) for 3 weeks - and hoping that part time will be accepted although may consider full time until the summer and then part time from September - only going back before to get paid in full over the summer hols!!!

  4. the law states that if you return within 26 weeks of starting your maternity leave then your employer has to keep your job open for you. if you return after 26 weeks then they don't.
    you have to work for 13 weeks to keep the 12 weeks @ 50%. the summer holidays count towards those 13 weeks.
    your head doesn't have to give you part time work, they just legally have to consider it. returning the week before may half term would see you do enough weeks to keep your maternity pay.
  5. Thanks everyone, that makes it much clearer. So it's not all your maternity pay you have to give back?

    Also does the holidays (like summer holidays) count as a part of that 13 weeks?
  6. toeinwater

    toeinwater New commenter

    We have a redundancy situation at school currently and several pg teachers. The union chap at our initial meeting said that if you are made redundant and had intended to return to work after mat leave, it's not your fault so you don't have to pay back the money. It may be worth contacting your union to clarify but it sounds like you should be 'safe' at least from that point of view. I figured if you weren't planning on returning you'd actually do quite well out of it as you'd say you were returning then get to keep the money.
  7. so does anyone know if the holidays are included as a part of the 13 weeks?
  8. ah really? which union said that? might contact my union then! I know its bad but I have to look out for my family!! If I were to be made redundant on 31st Aug then I would go on mat on 30th Aug and put in my letter that I intended to return to work - so do you think I would still get the money?
  9. yes they are
  10. toeinwater

    toeinwater New commenter

    I really don't know, but that's certainly what the union rep indicated (NASUWT) so worth looking in to. He was there as a general representative of teaching unions so his response suggests whatever the situation would be it would be the same for anyone in that situation, if that makes sense.
  11. ah thanks, this has cheered me up! I will contact my union to check

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