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Supplying whilst on maternity leave

Discussion in 'Workplace dilemmas' started by teacherbetty147, Jul 1, 2016.

  1. teacherbetty147

    teacherbetty147 New commenter

    I am currently on maternity leave and my head teacher wants me at a new parents meeting next week. She has said that KIT days are only for training purposes, and she wants to pay me half a day supply for this meeting. Can I actually work supply whilst on maternity leave? Will it affect my SMP?
  2. Jesmond12

    Jesmond12 Star commenter

    As you get paid for KIT days I would say yes but probably best to checking with your payroll or HR department.
  3. GLsghost

    GLsghost Star commenter

    You are allowed to work up to 10 KIT days while on maternity leave. Even if you work a couple of hours, it counts as one KIT day.

    It is NOT the case that you can only do training days as KIT days. Attendance at a parents evening can count as a KIT day. Employers should pay your normal rate of pay but can offset that against SMP.

    If the proposal is that you work as supply, when you are entitled to take it as a KIT day and are not paid the normal rate, this would be discrimination as you would be subject to less-favourable treatment on ground of pregnancy / maternity. No other teacher would be asked to work, but be paid supply rate rather than their normal pay!
    mrs-badger likes this.
  4. teacherbetty147

    teacherbetty147 New commenter

    Are KIT days paid as an hourly or daily rate?
    Last edited: Jul 1, 2016
  5. GLsghost

    GLsghost Star commenter

    :mad: You're welcome...
  6. teacherbetty147

    teacherbetty147 New commenter

    Sorry ghost, thanks for your reply. It was very useful.
  7. DaisysLot

    DaisysLot Senior commenter

    KIT days should be paid at a daily rate…. Your salary divided by 195, though if your school makes a habit of deducting pay for strike action for example at salary divided by 365 they may try that as a method of calculation….

    If you undertake supply work while on maternity leave you are effectively taking on another job. This can contravene your existing contract even though you are on leave, and will affect your SMP as you will be returning to work and you would have to declare that.
    mrs-badger likes this.
  8. GLsghost

    GLsghost Star commenter

    I looked at that and wondered, @DaisysLot , before I replied. It is the case if a woman works for another employer, but this would be for the same employer.

    Effectively, a separate contract of employment would come in to play, if the poster were to be paid as a supply because that provision is not within the existing contract. As you rightly say, work for a separate employer may bring the SML to an end - but the OP would need to take specific advice on the impact of this in these particular circumstances.

    The Regs state that KIT days work means any work done under the contract of employment and may include training or any activity undertaken for the purposes of keeping in touch with the workplace. (reg 12A(3)) There is no right to work during maternity leave; and the employer may nor require a person to work. But if she is agreeing to attend a parents evening, that is work done under the contract of employment.

    Payment for any additional work on these days is a matter for agreement between employer and employee - but if the policy is to pay KIT days at the normal rate and the HT wishes to do otherwise
    this would be likely to amount to less-favourable treatment.
  9. Jesmond12

    Jesmond12 Star commenter

    I have always paid KIT days as ordinary days.
  10. englishteach101

    englishteach101 Occasional commenter

    I had a colleague who wasn't paid anything for KIT days, the academy said that they were purely in her interest to come in for and not for the academy, so they wouldn't be paying her. She even came in to run a practical GCSE exam on one of the days too! Following this, I didn't bother doing any KIT when I was off on MAT leave with the same academy.....
  11. Piranha

    Piranha Star commenter

    I would suggest that the OP simply states what she is prepared to do. The school has no right to insist that she comes in at all. If she is prepared to come in and call it a KIT day, but not otherwise, then make it clear to the school that you won't. I am sure that @GLsghost could confirm or deny it, but I would think that the school would not be allowed to take any action if you said no.

    I agree. If anybody decides to do KIT days, I would advice getting the terms in writing first, unless there is a clear school policy.
  12. DaisysLot

    DaisysLot Senior commenter

    Yes… just to clarify I was addressing the two separate issues.
    You would not be eligible for KIT days if you moved employers.

    And if you 'acquire' a new employer, by undertaking supply as queried, while on maternity leave, your maternity leave comes to an end.

    I'm using the word 'employer' to mean 'school', 'LEA', Academy etc. as today the contracts and conditions from all can vary.

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