Hi, I'm 29 + 3 and work in a primary school as a teaching assistant. I am contracted for 30 hours per week for this role. When I started the job I was also given the option to be a lunchtime supervisor (watch the kids in the playground) for 2 and a half hours per week. I accepted this and was given a separate contract on a different pay scale for this job. My lunch break as a teaching assistant is an hour, but half an hour of this I currently spend in the playground in my lunchtime supervisor role.
This week I have started to find it is too much spending half an hour of my lunch break on the playground. I am having to eat my lunch fast and then get up and walk around the playground taking responsibility for the children's safety and welfare. I have started feeling pretty sick from eating and immediately getting up and the indigestion and heartburn are not pleasant at all. I feel like I need the full hour off to eat my lunch slowly and conserve my energy to do my TA job well in the afternoon.
I am due to commence my maternity leave at 36 weeks. I would like to keep working as a TA until this time, however I would like to stop working as a lunchtime supervisor after half term next week (at 31 weeks). I spoke to my head teacher and she and other members of staff are fine with this. However, the education authority that pays my wages are saying that I can't start maternity leave on one job before the other. So I either need to keep working both jobs and start both maternity leaves at the same time, or I have been told I can quit the lunchtime supervisor job and terminate that contract.
If I do quit that job it means I won't get my maternity pay for that role. Even though it's only 2 1/2 hours per week that works out at about £60 extra per month. It doesn't seem fair to me that I would not get my maternity pay for this job because I am too pregnant to do it but they won't let me start my maternity leave.
They say that it is a health and safety issue.... if I am on maternity leave for one role and something happened to me in the other role this would cause an issue (possibly leave them liable if something happened?). I can understand this but I don't see how it makes them less liable if they know I have quit one job because of my pregnancy yet they still let me continue the other one?
I think I would like to seek some legal advice before I either a) agree to carry on a job that I don't feel fit to do because of my pregnancy or b) quit a job that I have worked for a year and a half and therefore give up my maternity pay. Does anyone know where I stand on this issue? I don't like kicking up a fuss but this does seem quite unfair. What do you think? Do you know where I can get (free) legal advice about this? I know it's only a small amount of money but £50 a month extra maternity pay would make a difference tbh.
Sorry for long post, if you've managed to get to the end would love to hear what you think.
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complicated maternity leave situation, unsure of the legalities.... any opinions/advice?
7 replies
sunshineoutdoors · 26/05/2011 18:20
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