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Maternity pay and holidays

Discussion in 'Pregnancy' started by blt, Feb 8, 2011.

  1. blt

    blt New commenter

    Hi everyone - hopefully someone can help! I'm pregnant - and my friend is looking at her back to work date after having her baby last year, and we both have the same query (with our schools being very cloak and daggers about the whole thing).

    Basically my friend wanted to start back to work in April, a week before the Easter holidays. They've told her that if she does this, she will not get paid for the Easter break. This is a biggy for her as in both our schools, Esater is 3 weeks long this year. They have said that to benefit from the holiday pay, she would need to go back a few weeks earlier.

    I was surprised when she told me this, as TBH I was planning to take my first day of maternity leave on the first Monday after a half term break, and also to try and get back before a school holiday.

    I hope this makes sense? Basically are there any rules about finishing and starting which affect holiday pay?


     
  2. blt

    blt New commenter

    Hi everyone - hopefully someone can help! I'm pregnant - and my friend is looking at her back to work date after having her baby last year, and we both have the same query (with our schools being very cloak and daggers about the whole thing).

    Basically my friend wanted to start back to work in April, a week before the Easter holidays. They've told her that if she does this, she will not get paid for the Easter break. This is a biggy for her as in both our schools, Esater is 3 weeks long this year. They have said that to benefit from the holiday pay, she would need to go back a few weeks earlier.

    I was surprised when she told me this, as TBH I was planning to take my first day of maternity leave on the first Monday after a half term break, and also to try and get back before a school holiday.

    I hope this makes sense? Basically are there any rules about finishing and starting which affect holiday pay?


     
  3. I was under the impression you could put any date of your choosing as your return to work date. Have a look at the NUT's maternity matters guide on their website.

     
  4. blt

    blt New commenter

    That's what I thought too. I'll take a look at the NUT guide - thank you
     
  5. blt

    blt New commenter

    I'm so glad I looked at this! Just found out that maternity pay is better than I though! I was working on the assumption that it was 90% of your pay for the first 6 weeks, and then SMP. What it says for category one teachers (that have been employed for 26 weeks etc) is:



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    Ordinary
    maternity leave
    of up to 26 weeks
    which will be paid leave as follows:





    ·
    first 4 weeks of
    absence: full pay inclusive of
    Statutory Maternity Pay (SMP);


    ·
    next 2 weeks: 90
    per cent of a week’s salary inclusive of SMP;


    ·
    next 12 weeks: half pay plus £124.88 SMP
    (not exceeding full pay);


    ·
    next 8 weeks: £124.88
    SMP.





    Additional
    maternity leave
    of up to a further
    26 weeks, 13 of which will be paid at the SMP rate of £124.88 per week, with the
    remaining 13 weeks unpaid.


     
  6. Argh! Just lost the reply I typed.
    Shortened version - school are wrong, she can indeed return on any day and be paid from that day onwards. There is nothing the school can do to prevent that (other than mislead her!).
    Likewise, your mat leave can start on any date and you will be paid in full up until that date. Mine started on 1st Sept, after full pay throughout the summer.
    The only time when there may be an issue about returning just before a holiday, is if you have requested to change your hours starting after the holiday. My LEA insist that the change in hours is from the day you return, preventing for example full pay through a holiday but changing immediately to part-time on the first working day.
     
  7. This is interesting- mine obviously do, as a friend of mine in the same LEA worked full time for two weeks in July, then her part time contract started on 1st September! I wasnt quite cheeky/brave enough to ask for that so went back on 0.8 contract on the last week of term. This time I plan on doing what clg did and start maternity pay on 1st Sept having been paid for the whole hol! We are paid a salary divided by 12 so your holiday pay is just a normal pay cheque.... if that makes sense?! Naughty schools for trying to pull the wool over your eyes!
     
  8. /don't insist... you know what i mean!
     
  9. This is very cheeky of the school as they are wrong! I worked with a lady who returned on the Monday before the summer holidays, worked for 3 1/2 days and got paid for the summer holidays. You can nominate any day to return and you are paid full salary from that date, because they have stopped paying for cover at that point. All you have to do is tell your LEA with 3 weeks' notice before you start back. The school really can't dictate when you go back - they are telling big fat porky pies or else they are simply mistaken!
    I went back on January 17th and was paid SMP for the first 16 days of January then full pay from the 17th. No reason it should be different in any other state school.
     
  10. I did this! worked last four days of term, full time pay over summer and then reduced hours from sept! cheeky maybe, but who cares?!?!?!
     
  11. blt

    blt New commenter

    Thank you all so much for your replies. This has put both of our minds at rest. You are all truly wonderful [​IMG]
     
  12. Yeah, mine are a pain with the changing from full to part-time.
    I did reduce my hours when I returned in sept, but was part-time before hand. The part-timers are asked each year if they want to alter the hours, so I said yes - not as part of a flexible working application like if you go full to part time, so managed to argue my case and was paid my previous rate until the sept and changed my hours in the sept.
    They said that you had to return for a reasonable chunk of time in order to keep the full time bit for the summer...although never did define what reasonable was. Presumably just long enough to actually do some work rather than faff about for a few days (which I put my hand up to!).
     
  13. Not in this position myslef, but I was under the impression that you can put ANY day as your return to work. From reading other forum, I believe some people have even put the first day of a holiday as their return to work date and that's fine!
    With regards to how long you need to return full time to get full pay, I believe it's 13 weeks *which insludes holidays), which means you don't have to pay back your SMP, or have I misunderstood the question?
     
  14. you never have to pay back your SMP - its the addition occupational bit (the 50% bit etc) that you have to pay back, and yes holidays are counted towards the 13 weeks.
    first day of hols is fine for return to work date.
     

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