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Maternity pay for part time teacher

Discussion in 'Pay and conditions' started by bristolmover, Mar 3, 2016.

  1. bristolmover

    bristolmover New commenter

    Please could you help me with a query about maternity pay?
    I am a part time teacher, and until September 2015 was working on a 0.8 timetable and I had a TLR. From September 2015 my hours were reduced to 0.64 and I no longer had the TLR. My maternity leave started in November 2015.
    I was under the impression that my contractual maternity pay would be calculated on my earnings from weeks 17-25 of the pregnancy, when I was working a 0.8 timetable, but my school has said that the rate is worked out according to my timetable when my maternity leave started. Is this correct?
    Also, I was paying childcare vouchers during the qualifying weeks, which I understand could affect my SMP. As I was M6 with a TLR but paying £243 per month in childcare vouchers, should I expect to receive full SMP?
    I cannot find the answers to these questions anywhere, so if you could help I'd be very grateful. Thanks.
  2. Piranha

    Piranha Star commenter

    Burgundy book, section 5 - Maternity Schem, paragraph 10.1. "For the purpose of this scheme, a week’s pay shall be treated as the amount payable to the teacher under the current contract of employment. If there are significant variations in the teacher’s salary, the average salary over the 12 weeks preceding the date of absence shall be treated as a week’s salary." To me, this suggests that the school is right, which seems reasonable. I don't think that the change in contract would count as "significant variations" (note plural); if it did, then the 12 weeks could include some of August, depending on the exact date your maternity leave started.

    Of course, this interpretation would benefit the majority, as pay tends to go up rather than down, even in the current environment.
  3. frustum

    frustum Star commenter

    Not everything is done on weeks 17-25, as any pay rises awarded before the end of the maternity leave (eg annual increments, when they existed) do increase your maternity pay. I can believe that they might well be right about basing it on your September contract. After all, suppose a full-timer offered to avert a redundancy situation by going down to two hours a week, and then disappeared off on maternity leave...

    And as far as I can see, both OMP and SMP are based on the salary you were actually receiving, after the childcare vouchers, so bad news there, too. It's sometimes recommended that you stop having the vouchers for weeks 17-25 - if only you'd known...

    The NASUWT leaflet is fairly detailed.

    Sorry it's not better news...

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