complicated maternity leave situation - not sure of legalities...any opinions/advice?

9 replies

sunshineoutdoors · 26/05/2011 17:37

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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MrsTeddy · 26/05/2011 17:45

Maybe try posting on Employment Issues board, you might get more responses. I'm not an expert but it sounds to me like they have a point, seems a bit odd for you to be on mat leave in one job and not another. Also there is a point (not sure how many weeks it is) where your employer can force you to start mat leave if you are unable to work for a pregnancy-related reason. You might want to check that in case your insistence that you can't do the lunchtime job causes them to put you on mat leave early for both jobs.

Original poster

sunshineoutdoors · 26/05/2011 18:18

Thanks, I will try that board.... I can see their point as well as mine, that's why I'm not sure where I stand... Thanks for replying, am not sure if I'm being a bit hormonal about it or if I have a genuine grievance If it comes to it I will just resign that job but I'd just like to know my rights first.
It does seem quite different to me having one job that is classroom based sitting down, and another job that involves being outside on my feet ready to respond to an emergency, in terms of when my pregnancy would begin to hinder my ability to do a job, however can accept that the law may not see it that way.

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heffalumpbump · 26/05/2011 18:20

not sure where you would go for legal help but just wanted to mention that I am a teacher in a primary school and now 32 weeks pregnant. Since about 18 weeks my school have said I shouldn't really be on duty in the playground for health and safety reasons - getting hit by balls/kids running into me etc - just wondered where your school stood on this issue? Is there any indoor type supervision required that may be more suitable yet allow you to continue with both contracts?

Jill72 · 26/05/2011 18:27

I would agree with Heffalumpbump - work is supposed to carry out a risk assessment for you - if the playground duty is causing issues I am sure I read somewhere that an alternative could be found for you to do. If the headteacher is being supportive I would imagine she would have the authority to re-assign you another job to do instead, (it is her school!), and it sounds as if she is not the one throwing a spanner in the works!! Perhaps if you has a suggestion in advance of an alternative duty you could offer - dare I suggest - the dreaded photocopying!! lol!!

Jill72 · 26/05/2011 18:27

doughnutty · 26/05/2011 18:45

Risk Assessment definitely the way to play it. If your employer sees both roles as one job then they should carry out one RA which should scream that it's unacceptable for you to have a shorter rest period than what is available to you.

I agree having a suggestion as to what you 'can' do (even if it is photocopying!) but it is their obligation to ensure your safety by helping you avoid obvious risks. Reasonable adjustments to your routine should not be difficult. If they are then you have every right to say you are unfit for work.

They can force your mat leave to start earlier if you go off sick but only from 36 weeks (so not much difference from your plan anyway)

I am not suggesting going on the sick as an easy option but it is there IF your employers leave you with no alternative.

Mum2be79 · 26/05/2011 19:12

heffalumpbump

I'm a Primary School Teacher too and my school wouldn't even THINK to remove me from playground duty. Even now (8 weeks) I'm having to stop little ones running into me when they're playing 'chase' or 'hide and seek'.

Boogiemumma · 26/05/2011 23:34

Can you get a Fit Note from your GP to suppory your case? Within a risk assessment your employer should make "reasonable adjustments" for you and you'd need to discuss what these should be. It's a complicated one - I'd agree (as a HR consultant) that you can't take mat leave from one job (or sick leave) if they are on the same premises largely for insurance reasons. There may however, be alternatives that can be explored with the school, ie. shorter time covering these duties.

Original poster

sunshineoutdoors · 27/05/2011 07:20

thank you for the advice, I've got some good ideas now to go to my employers and see what we can do. Boogiemumma, explaining it in terms of insurance makes a lot more sense to me now. Well, only 5 and a bit weeks left of work and then I can concentrate on having this baby!

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