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Maternity Leave Contract

Discussion in 'Workplace dilemmas' started by missharney, May 30, 2016.

  1. missharney

    missharney New commenter

    I have been working for the school I am in for 30 months. I took a temporary contract on a supply basis in January 2014 as an intervention teacher whilst also providing PPA cover and mentoring, team teaching etc. In May of that year I was told that I would be paid through the summer and start a new contract in the same role but be paid through the school. My holiday pay was again honoured in the summer 2015. My role ceased to exist due to budgets but I was given a maternity leave contract from September 2015. I am just completing a year as class teacher while doing one to one tuition for those doing Y6 sats. In May I was told that I wouldn't be paid during the summer even though as in previous years I was told that they would try their best to pay. This time they arent going to pay even though I am really well respected in the school. What should I do?
     
  2. grumpydogwoman

    grumpydogwoman Star commenter

    I am fairly sure there is nothing you can do.

    The degree of respect you enjoy does not factor in the equation. Take a look again at your existing contract. It is very common for new mums to come back before the end of the academic year. In which case? You lose out.

    Sorry.
     
  3. scienceteachasghost

    scienceteachasghost Lead commenter

    People on maternity have a nasty habit of swanning back on the last day of Summer term, thus meaning that the maternity leave does not 'extend' until September 1st. Which is in some ways understandable as its the game that is played, they are the winners, the person with the temp maternity contract loses. It completely sucks if you have done the hard work all year without summer pay but schools are perfectly within their rights to do it, I myself was bumped out once on May 31st largely so the school could avoid paying me over August. If there was a massive pot of money, Im sure schools would do their best to pay you. There isnt! (although the cynic in me would say it probably does not stop certain SLT getting their rises.)

    Maybe you could look to a bit of marking exam papers to bridge the gap financially or a bit of private tuition?
     
  4. missharney

    missharney New commenter

    I don't have a problem with the person coming back- maternity pay for teachers is not good. My problem is with the fact that I have been in the school for 30 months on continous posting. The fact is they can do it before but not now.
     
  5. grumpydogwoman

    grumpydogwoman Star commenter

    Well, you're not privy to the budget.

    I don't think it would be a wise business decision to pay you. In any other line of work nobody would think twice about it. Maybe the governors vetoed it. But it's absolutely par for the course, I'm afraid.
     
  6. wanet

    wanet Star commenter

    Plus maternity cover is slightly different in terms of the contract.
     
  7. GLsghost

    GLsghost Star commenter

    Your understanding is not correct.
    After two years' continuous employment you will have acquired employment rights, but that does not mean that a Fixed-term Contract cannot end on the given termination date. It counts as a 'dismissal' and the school has to show that the dismissal was a fair one (or you would have an unfair dismissal claim) - but 'there was no need for this work to continue to be done' is a fair reason.

    You have acquired no automatic right to be paid through the holidays, I am afraid.
     
    BelleDuJour and wanet like this.
  8. grumpydogwoman

    grumpydogwoman Star commenter

    Why would you be paid? There was no role for you.
     
  9. missharney

    missharney New commenter

    This isn't like any other sector since in other work place, I would be able to find work which I would be paid for. As a teacher I can"t.
     
  10. GLsghost

    GLsghost Star commenter

    You can sign on for JSA.
     
  11. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    I suppose in previous years you have been staying on at the school, so they paid you over the summer. Now your post ends on the day the person on maternity leaves returns to work. If this is before the summer holiday, then I'm afraid they have no need to pay you.

    Any workplace will stop paying you when your post ends. However, they may pay you a few weeks if you are starting another post with them shortly after, but this is a goodwill gesture, nothing more.

    It sucks, but there is nothing wrong, legally or morally.
     
  12. jago123

    jago123 Established commenter

    When does your contract end? July or August 31st (like usual)? If it's the latter then you will be paid for the summer. If you don't, you can query this. Get signed up with an union if you haven't already.
     
  13. missharney

    missharney New commenter

    Not morally wrong, I beg to differ.
     
  14. School Boy Error

    School Boy Error Occasional commenter

    It's not morally wrong not to pay two teachers to do one job. Essentially it sounds like the maternity teacher is coming back so they get paid over the summer, as is their right. It does mean you lose out but the school do not have a moral or legal obligation to pay you - certainly not to pay both of you!

    In all honesty, this should have been expected since your contract finishes in July. I really don't know why you're surprised or shocked...
     
  15. wanet

    wanet Star commenter

    It is all about your contract. Usually in this case states will end when normal teacher returns.
     
  16. grumpydogwoman

    grumpydogwoman Star commenter

    Why can you not work elsewhere?
     
    wanet likes this.
  17. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    I imagine because it will be the summer holiday and schools are closed?

    JSA will provide a small income until September, when presumably the OP has a new post starting.
     
  18. School Boy Error

    School Boy Error Occasional commenter

    The OP doesn't have to work in a school over the summer....there are lots of temporary jobs out there that will pay better than jsa
     
    GLsghost and wanet like this.
  19. grumpydogwoman

    grumpydogwoman Star commenter

    But a teacher isn't disbarred from taking a job in a shop or at a summer camp or as a tutor or in an office!

    @caterpillartobutterfly

    I imagine that's what the Jobcentre would advise. Not so much advise as insist upon. The J and S in JSA are there for a good reason.
     
  20. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    I think maybe the OP is being treated a little harshly here.
    Teachers in between contracts don't always get a different job over the summer. Some do and some don't, but it isn't the expected thing.

    And since she was used to getting paid over the summer, it will come as a surprise not to do so this year. The school haven't acted improperly, but it is still a hard time for the OP.
     
    bob79 and blueskydreaming like this.

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