So how would I go about taking parental leave after maternity leave?

[Charingcrossbun]

I'm a teacher and I'm not feeling ready to go back after maternity leave. I know that after additional maternity leave there is something called parental leave ( unpaid obv). Does anyone have any experience of this? My school told me they would take me to court if I did not return after maternity leave - ( can't imagine why I'm reluctant to return) - s

As far as I am aware your employer only has to keep your job open for 12 months. If you don't return to work after additional mat leave they can replace you and could say you don't have a job to return to. I've never heard of parental leave. If it's unpaid anyway and you don't want to return why not just resign?

I worked in the private sector and was unsure about returning so negotiated with my line manager to take parental leave, then a period of unpaid leave (which coincided with the length of contract my mat leave cover had). From what I remember, you are entitled to a certain amount of parental leave each year, which can be used whenever needed (I imagine it is mainly used for sickness once past mat leave stage). However, I think it is basically up to your managers/HR department as to how they want to grant parental (or any unpaid) leave. FWIW I resigned anyway, but it was great to get a little extra time to consider my options.

Your HR dept will be able to give you the policy and procedure for this. You might want to post in employment issues as lots of good HR people are on there and can tell you how the school is taking a risky approach if they dismiss you for taking parental leave.

There's some info here about parental leave from the .GOV website which might be helpful.

I've never come across a teacher that's taken parental leave, but I guess that if you're entitled to then they can't say no.

The threat of court wrt maternity leave is surely about any additional pay (on top of SMP) you might have been given by your employer. Normally there is a clause that you must intend to return to work for x number of weeks to be able to have this pay. If you don't return and work for x number of weeks then theoretically your employer could take you to court to get the additional maternity pay back.

After 39 weeks statutory maternity leave, you are entitled by law to a further 13 weeks unpaid maternity leave.
Your employment rights still stand during this period eg accumulation of annual leave and the right to return to same position or equal one

I wanted to get the maximum amount of time off too. This is what I'm doing:

Taking 52 weeks maternity leave (39 weeks paid as per purplecircle's post) then adding on the holiday leave I have accumulated in those 52 weeks so that's an additional 25 days paid and also adding four weeks of parental leave which is unpaid.

My employer allows me to take four weeks of unpaid parental leave per year until my child is five.

Teachers wouldn't be able to use annual holiday like that though, as holidays are not determined by individual choice.

Thanks!
Rainbowshine I love your optimism but I work at an academy. No HR department - just the 18yr old finance/hr assist who told me she would "Pursue me through the courts" to get my maternity pay back if I resigned. I realise my employer has a right to this but want as much information as possible...

CanIsayofherface that sounds brill but as said as a teacher I'm not entitled to annual leave (not complain as I get holidays but can't be added it accrued to maternity)

I thought that would be the case with the annual leave but I'm also taking unpaid parental leave which you mentioned in your OP. Although I thought this was something offered by my company as a perk rather than something they are legally obliged to offer.

It does look like you can take 4 weeks unpaid leave, according to the .GOV website, as an entitlement not as an employer-granted optional extra. Ask the teenage HR "expert" for the school's policy on parental leave.

You need to return to work otherwise you do owe them the additional maternity pay over & above SMP.

If you know beforehand that you're not planning to return, then simply opt to take SMP & not the enhanced maternity pay & then you don't owe anything back / under no obligation to return.

What I understand of occupational mat leave is that 12 weeks of half pay (in addition to statutory) is paid to teachers who agree to return to work. If you don't return then you would have to pay this money back.
I would suggest after your unpaid leave, you return for 3 months so you don't have to pay anything back.
They cannot stop you taking statutory leave i.e. 39 weeks paid and 13 weeks unpaid

You can take up to 4 weeks parental leave in a year. you have to give at least 21 days notice. However:

• it may be a bit less than 4 weeks for teachers (as they work fewer weeks a year)

• your employer can require you to postpone your leave for up to 6 months. (however they need to explain why the timing you want would cause serious disruption to them).

I took parental leave directly after a full year of mat leave plus accrued holiday but it was only a few days as DS came down with a bug just before I was due back. Work was OK about it even though I didn't give required notice. I would be worried about using all parental leave up in case I needed it later.

My advice (if you can't afford to pay the mat pay back, which would obviously be easier!) would be to go back for the three months you have to do in order not to pay your maternity pay back - then resign.

I agree with Bronya. Then later on you can look into supply/part time/full time depending on what your circumstances are. It doesn't sound like a terrifically nice working environment anyway, you'll have the time at home with your baby now and still have the option of getting another teaching position in the future (hopefully in a nicer school!).
It is a pretty shitty thing to do to your September class but you can't always put their needs before your own and they will get over it!