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Maternity leave with a term time contract?

6 replies

mrsshears · 08/10/2011 22:26

Does anyone know how this works?I'm due to have dc3 next june and am wondering about my maternity leave.
Does anyone have experience of maternity leave when working term time only?

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mrsshears · 09/10/2011 09:00

Anyone? i would be really greatful

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metalelephant · 09/10/2011 09:19

Hello mrshears, not sure if I can be of much help but it depends how long you have worked for your employer by a certain stage in tour pregnancy and whether you will be going back. As I was working term time and not expected to return, I only got statutory maternity pay rather than an enhanced version.

The main thing is

You have to be employed by the same employer continuously for at least 26 weeks into the 15th week before the week your baby is due (the qualifying week)

To read more, go to m.direct.gov.uk/syndicationController?action=view&param=DG_10018741&utn=ade5ed9cb8d641a482d9201110090914

The thing is, as long as you have been an employee for a certain time, they can't refuse your smp, whether the baby is born during term time or not.

Does your job have a website with their policies on maternity leave and pay? Try a search, you may find more online. What about your hr department?

And hopefully somebody more knowledgable will come along this thread and help!

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metalelephant · 09/10/2011 09:19

Oops I see now you were asking about maternity leave rather than pay...

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mrsshears · 09/10/2011 09:31

thats ok metalephant thanks for replying

What i'm wondering really is out of the 39 weeks i will be on maternity leave for 13 of them i would'nt actually be working anyway so i wonder what happens there? could i add those weeks as holiday onto the end of maternity leave maybe?

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IssyStark · 09/10/2011 10:38

I presuming that you have a permanent contract that runs from year to year but only for term-time hours (rather than being re-hired each new term)?

Maternity leave is 52 weeks with 39 weeks paid at SMP as long as you have been working continuously for your employer for 26 weeks before the 15th week before EWC. SMP is a benefit so you will be paid continuously for those 39 weeks as long as you have sufficient NI contributions.

You can't move maternity leave around - it has to be continuous. You can choose to go back before the end of the 52 weeks but you can't take 13 weeks from the middle of your mat leave and tack them on to the end.

However you will accrue holiday entitlement as normal (i.e. as if you were working your normal contractual hours) for those parts of mat leave when you would be working. You can add that holiday onto the end of your mat leave.

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mrsshears · 09/10/2011 10:53

Thanks issy thats really helpful.

So if i leave at 38weeks at the end of may 2012 and have a full 52 weeks which will take me to end of may 2013 then hopefully i should have some holiday to add on to take me to when the six weeks holidays start,when i wouldnt be working anyway,so i could eventually go back when school starts in sept 2013??
does that make sense?sorry i should add yes it is a permanent contract,i have been on this contract for 12mths but have worked at the same company for 15yrs.