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Pregnancy

Talk about every stage of pregnancy, from early symptoms to preparing for birth.

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Original poster

private school teacher maternity pay

16 replies

monkeybubbles · 03/04/2011 17:37

hi,

i am in desperate need of advice.

i am due on 13th october and was planning on starting maternity leave at the beginning of september. of course it's still quite early on in the pregnancy so i don't have the maternity leave form yet and although i have told my boss of my pregnancy i have not officially given notice of my wishes for maternity leave.

i received a letter from her today saying that ideally my maternity leave should start on the last day of school but as that is more than 11 weeks before my due date it can start at exactly 11 weeks before (later in july).

i know that i do not have the rights of state school teachers and that i will only receive smp, but does she have any right to choose the date that i start my maternity leave?

i certainly wouldn't choose to start 11 weeks before, it just so happens that the school isn't open in the summer.

i have worked at the school for 4 years, so it shouldn't be anything to do with not working there long enough. i just wish that she wouldn't do this as it has just stressed me out and now i will have to have a difficult conversation with her at some point.

thank you for any insight you can give.

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Littlefish · 03/04/2011 17:48

I'm not absolutely sure, but as far as I know...

They cannot tell you when you start your maternity leave.

You can start your maternity leave any time up to your due date I think. If your baby arrives early then your maternity leave automatically starts from that date.

Basically, what they are trying to do is avoid having you start with one class at the beginning of September and then, them having to employ someone else. Oh, and they want to avoid paying you your salary entitlement during the holidays which is bollocks.

You need to check your contract very carefully. Are you a member of a teaching union? If not, I would join one very quickly.

Clarnico · 03/04/2011 17:52

I think you can start your maternity leave on the 12th of October if you so choose.

Cheeky boss! Of course they have in mind not paying anyone over the summer & saving money.

I would send back a cheerful email/letter

"Many thanks for your letter. I haven't yet made my decision with regards to the start of my maternity leave. Of course I will advise you of my intended start of maternity leave within [time period specified by law and/or on your contract]. I very much appreciate your support."

Of course she hasn't been in the least bit supportive but it will make her think you think she is fine with you making the decision which will make it hard for her to push a passive aggressive agenda.

Because - bless her! - she's thinking of you way ahead of time, so quite obviously she has only your best interests at heart and will be super supportive of you, right?

cazzybabs · 03/04/2011 17:52

I guess it depends upon your contract - I would contact your union! I have the NUT very helpful. I teach in a private school and have started on my due date (I can start on any date I like but no later than mu EDD)

nannyl · 03/04/2011 17:56

I work at a private school. (am pregnant too, but not going back)
One of my friends was pg and IS going back.

Her baby was due in January. She wondered if she would have to start ML when term finished (Xmas) but she didnt. Her 1st day of ML was the first day of term in January.

I cant see how they can make you start it early.... you are choosing to work up until 5September (or whatever day it is)... you have every right to start it then, or any other date.

Also another teacher was on ML. The last bit of Xmas term was 2 days (Monday and Tuesday) then school holidays!

She came back on the Monday, so did 2 days work Christmas party and nativity play, then had another 3 weeks off. Nothing anyone could do about that either.

Original poster

monkeybubbles · 03/04/2011 18:05

thank you for your support, was thinking along the same lines.

going to contact citizens advice bureau tomorrow to hopefully get some documentation to back me up. then i'll just tell her that i don't yet have my matb1 form and will give that to her after 20 weeks.

it's just so difficult because it is a fairly new school and i am the first to ever go on maternity leave. the letter she sent was obviously written by a solicitor, so it makes it seem very official. but i'm wondering if it's just wishful thinking that i'll just go along with it and not question my rights. naughty solicitor!

is it possible to just join a union when it's convenient for me? then quit after a few months? i suppose it would be easier to just have someone else deal with the difficult conversation for me.

OP posts:

Clarnico · 03/04/2011 18:10

why was it obviously written by a solicitor?

Read this: www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_10039631

Littlefish · 03/04/2011 18:12

You really should belong to a union. Why don't you already belong? The union will not necessarily have the conversations for you (although they do get involved in some cases), but you can certainly check points of law with them to ensure that you receive your full maternity rights.

What does it say in your contract about maternity arrangements. Just because the letter has been written by a solicitor (is your letter on solicitor's headed paper?), doesn't mean the information or assertions in it are correct!

cazzybabs · 03/04/2011 19:48

TBH I also think you should join a union - not only because of now but is you should ever get sued by a parent they will offer you free legal cover

Eglu · 03/04/2011 19:52

Thay are as others say just trying to not have to pay you over the summer holidays. They can't do that, it is your choice.

amerryscot · 03/04/2011 19:55

When do you want to start your ML?

It is certainly reasonable to say the first day of the autumn term. Later is fine too - school will use you for cover and special admin tasks.

Make sure you get paid for the holidays - you have earned it already.

securegal · 03/04/2011 19:56

Can you belong to a union at a private school? Just wondering as my husband is a teacher, starting a new job at an independet school in September, and he was under the impression that you couldn't join. I'd love this to be wrong as I think it is really important for teachers to be in a union.

amerryscot · 03/04/2011 19:58

Yes, and it is recommended for insurance cover.

trixie123 · 03/04/2011 20:11

yes you can be in a union at a private school - they don;t like it but you are perfectly entitled to be. Assuming you are employed on a permanent full time contract then you can state that you want you mat leave to begin on Sept 3rd on whenever. Your salary for the academic year 2010-11 and spread over 12 equal payments. The fact that there are no classes in August is irrelevant. If you left for a other job starting in Sept you'd get a paycheque from your old employer on August 31st. Talk to union reps if you can, and the HR people at your school. PM me if you like and I will ask at my place (also a private school that does the bare minimum it is allowed to get away with).

Littlefish · 03/04/2011 20:11

amerryscott - the school will not necessarily use her for cover and special admin tasks. It will depend on the budget situation of the school.

When I went on Maternity Leave 5 weeks into a new school year, I took my class for the first 5 weeks and then handed them on to their new teacher.

Securegal - yes you can belong to a union in a private/independent school in the past. I know this because I've worked in the private sector and have always belonged to a union.

Littlefish · 03/04/2011 20:12

Sorry securegal - that made no sense!

I meant to say...

Securegal - yes you can belong to a union in a private/independent school. I know this because I've worked in both the the private and state sector and have always belonged to a union.

Littlefish · 03/04/2011 20:18

Securegal - a link to the NASUWT website showing who can join.

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