Teachers - does SPL count as part of your 13 weeks return period from maternity?

[matleavelove]

One for the HR/teacher colleagues out there! I have been on maternity leave since April but it ‘ended’ at the beginning of the summer hols and then my first block of SPL (shared parental leave) kicked in from then, which lasts until Christmas. I have understood generically that I have to return for 13 weeks in order to avoid paying back any OMP received (mine was curtailed quite early anyway in order to be paid in full over the summer hols). My question is, as implied on a thread on FB, when SPL starts does that mean you can start counting each week that passes as part of your 13 weeks 'return'? Or do you have to have physically returned to work from SPL for these weeks to begin being counted?

If it doesn't count, because I curtailed my mat leave, does that mean I'll only have to pay back any enhanced pay received up until SPL kicked in?

Any help figuring this out is much appreciated. No matter what terms I search online I can't find an answer!

I believe it counts but, your best in getting the correct answer, is to contact HR. I had to begin my mat leave earlier than planned due to a few complications and they were quite helpful with helping me get all of my ducks in a row!

PS, I wish I'd done this too! It all seemed hugely complicated at the time to organise the SPL and my pregnancy was already 'high risk' so all very stressful, which means I'm stuck on tuppence for my mat leave now. 😔

Not sure about teaching specifically but in my industry the 13 weeks would start from when you fully ended your leave, not from when you swapped to ShPL.

https://www.teachersspl.co.uk/how-it-works
you might find some answers in this link.

Dont forget though, if you don’t work the full 13 weeks, you may have to pay back all your OMP. Also, it’s 13 weeks at the same working days as before May leave - so if you worked FT but return to work on 4 days, you’ll have to do more than 13 weeks.

I'm in the exact same position as you! Also a mum, also a teacher, also had my baby in April and 'returned to work' over the summer on SPL.
I asked my HR and they said the weeks do count and they do not have to be consecutive - my mat leave ends on the first day of Easter break so with those 2 weeks included I would have 12 weeks returned to work (we have a 2 week October half term). I haven't asked yet whether they will make me pay anything if I don't return, I am hoping we can negotiate something over my missing week... if not I will probably return the week before the Easter hols just for that one week. Let me know what happens with you/what your school say :)

@bzarda thanks for your insight! Yes I will have 6 weeks summer, but then I chose to forego October half term to get 2 weeks at Christmas and then Feb half term, so that brings me to 9 weeks. I too then end my leave as the Easter hols start so that would bring me to 11 and so would be short 2 weeks. I haven't brought it up with HR yet as I don't want to rock the boat. I'm not even sure I want to leave then as ideally I'd have a job to go to, and whether I could be released for an Easter start somewhere new! I have a TLR which might make them more difficult about it as the person above me has been promoted to a senior position and so they're already finding it hard without me (and I've just found out 2 more are leaving at Christmas!)

I'm basically just finding out my options as I have a 2 hour commute a day. I've found it extremely difficult to get a childminder who will cover my working hours. The one I've found will do a 7am start (gets me to work for 8 and first lesson is 8.30, but have briefings from 8:15 x3 days a week before school). However she then wants an earlier pick up (so by 5 very latest), in which case I'd need to leave by 4pm. I'm struggling to see where I can get any actual prep done let alone work related to my TLR. On top of this I've developed a painful back condition called coccydynia and even at 6 months postpartum it's at its worst. I'm receiving some care for this but it's not improving and my mobility is really impacted. I'm experiencing pain all day every day (especially when sitting or bending).

Ah that's really tough! I've also found it difficult to find a nursery or childminder who would be able to fit my working hours. Our school day starts at 8:15 (briefing at 8) and the amount of nurseries who don't even open till 8 is ridiculous!
I'm not sure how big your school is but I'm part of a bigger trust so I knew speaking to them would leave me open to making a decision. I haven't told anyone I'm thinking of not coming back yet but like you, I'm finding it hard to think about when I would have time to get any prep done. I'm also head of department so like you would have to attend meetings and things after school and I worked out by the time I collect my little girl from nursery, I would have to take her straight home to bed and I just don't want to do that!
My plan is to tutor for the rest of the year and find somewhere new for September part time and taking a step down from any leadership roles. We will find it tough financially but I'm trying to tell myself it'll only be for the short term while she's so little:)
I'm sure if you gave notice by Christmas they would have to release you for Easter - no matter how unhappy they were about that.
Hope you start to feel better soon - its crazy the amount of things that can happen after pregnancy/birth that no one warns you about before!!

@bzarda yes I'm second in department but it's highly likely they want me to step up (whether formally with new role of HOD or shouldering the workload for free!) I was thinking about possibly doing supply to bridge the gap from Easter until summer but then no pay over summer isn't ideal! So I may well just return for the summer term and juggle the childcare, and then put in to leave ready for a September start elsewhere. Lots of options I guess. To add, our school has a new headteacher I'll never have met, lost LOTs of staff and my own team has 3 new members I'll have never met. It's all quite daunting!

@PrudeyTwoShoes I'm not sure how far into your mat leave you are but you can apply for SPL during too. It does need to be done by a certain number of weeks before the holiday period you want to 'return' for though. I think it's 8 weeks but could be less.

@ExcitingRicotta good to know! Lord of teachers have confirmed this but then others have said their school says it doesn't count. Seems to be up to the school? Not sure it should be open to interpretation for schools like that though!

If you are resigning to leave at Easter, be aware that the official end date is April 30th, with an exception made if you are moving to another school, in which case the switch is made when their summer term starts. If you are not going to another school, the default leaving date is 30th April; the school can insist you work until then, and equally you can insist that you work until then, although it can be mutually agreed that you will finish earlier. In practice, they presumably wouldn't be putting you in a class for just a week or two; they might be quite willing to negotiate on which week it would be most useful for them to have you there effectively doing supply.

Hi! I just wanted to check something!

i gave birth in January and started my maternity on 15th Jan. During April half term and May half term, I’ve taken SPL (which is three weeks in total of SPL). Please note that I was receiving 6 weeks full pay, then 12 weeks 50%pay.

I am bound to come back in the first week of June, however I’ve decided not to, and now trying to figure out how much I will own the school. If I do come back in June, then that would be the perfect 13 weeks! If I do come back the beginning of July, that would be 8 weeks in total, but would those 3 weeks of SPL count in those 13 weeks?

I hope I am making sense! Also, if I do request flexible working options (let’s say, coming back with working only for 3 days), can I ask the HR then to pay off those two days for June and July (as I intend to be “fully back” during summer holidays)?

please help🙏🏼

@SGK1992 unfortunately the only way to find out is to ask your school! Some schools accept SPL towards, others won't, which really isn't fair that there is no 'set' policy for all schools!