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New job and pregnant... No entitlement to statutory maternity pay?

Discussion in 'Independent' started by Cyrano-Berg, Sep 23, 2017.

  1. Cyrano-Berg

    Cyrano-Berg New commenter

    I've just started a new job in an independent school and found out I'm pregnant (unplanned).

    I've searched everywhere (staff manual, employment contract, staff info...) and can't find any information about maternity leave or pay, so I'm assuming it will most likely be statutory. However, I don't qualify: My due date is at the end of April, so I won't have 26 weeks of continuous service by the 15th week before my due date.

    Does anyone know if my previous school might count as continuous employment or what I can do?!?
  2. install

    install Star commenter

    See Union . A similar thing happened to a colleague years ago and neither school had to pay the maternity pay for her. She had left the one school already - and hadn't been at the new school long enough.:cool:
  3. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    Ask at your current school. Your Head or HR will be able to tell you.
    You need to speak to them anyway and get a risk assessment done, so might as well check with them at the same time.

    But such details would usually be in your contract... @GLsghost would know more about maternity benefits and contracts.
  4. GLsghost

    GLsghost Star commenter


    Continuous service will only count if your current contract states that it will.

    If you are not entitled to statutory maternity pay (SMP), by virtue of not having sufficient service with the new employer to qualify, you are still likely to be entitled to Maternity Allowance. The only difference between the two is that SMP is paid for the first six weeks at 90% of your weekly salary; MA is paid at the flat rate from the outset.

    You are entitled to maternity leave from the outset. You also have the right not to be subject to unfavourable treatment because of your pregnancy or maternity.

    Information about maternity rights may be found on Citizens Advice website here:

  5. pennyh.

    pennyh. Occasional commenter

    Do you have a union rep- any union will do in the school but often there is an ATL (forgot new name) and without explaining your situ. if you do not want to let staff know- ask what the situ is in your school. I thought it had to be written down somewhere- sometimes in contract or in a multitude of topics on line for staff! You might have missed seeing it. certainly the school needs to write ii f it is not there.
    install likes this.
  6. Lara mfl 05

    Lara mfl 05 Star commenter

    If you were previously a member of ATL or NUT the new name is NEU - National Education Union.
    install likes this.
  7. pennyh.

    pennyh. Occasional commenter

    Thank you- just being lazy not looking it up- still a member
    Lara mfl 05 likes this.
  8. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    Someone at school needs to know as a risk assessment needs to be written.
    It doesn't have to be general knowledge, but the head/HR need to be told asap.
    Lara mfl 05 likes this.
  9. Cyrano-Berg

    Cyrano-Berg New commenter

    Thank you all so much for your helpful replies.

    I'll check with the school what the maternity pay and leave situation is once I tell them. It's really weird, but they have nothing written about it anywhere! And I don't want to tell them just yet... Only started a few weeks ago... :/

    This is helpful, thank you. Seems like I'll qualify for this. I'm a lot more positive now knowing I'll get some support at least!

    Yes, I've tried to get in touch with them but not got through yet, possibly because it's the NEU now?!

    Now I know why every organised teacher plans her pregnancy for a timely birth in September! ;)
    sabrinakat likes this.
  10. install

    install Star commenter

    Briiliant - keep on ringing the Union as they will help you better with your individual situation. Remember to not just rely on legal information given in on line forums and to check details with Union/ and someone at your school.

    And Congratulations.:)
  11. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    You need to tell them. You need to organise a risk assessment.
    This is about the safety of you and your baby. You don't need to tell everyone, but you certainly need to speak to the person in charge of HR or the head. They will respect your privacy and confidentiality.

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