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New teaching job and pregnancy help

12 replies

Elisabeth04 · 06/09/2015 12:02

Hello all. My husband and I want to start trying for a baby. I have just moved to a new school in another county and wanted to query if this affects maternity/my rights etc. Do I have to have worked for a certain amount of time in the school/county before becoming pregnant/taking maternity?

Thank you

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justtheonethen · 06/09/2015 12:17

Yes you are effectively starting your continuous employment from scratch.
I have copied the burgundy book guidance below - but basically you need to have been there a year on your due date to get full benefits which is category 1.
Hope that helps, you can google burgundy book. Of course if you work in an academy this may not apply to your situation.

CATEGORY 1
Teachers with at least 26 weeks' continuous employment with their current employer and at least 1 year's continuous employment with one or more local authorities.

Teachers who have by the qualifying date completed at least 1 year’s continuous employment with one or more local authorities will benefit from the full entitlements under the Burgundy Book scheme. If they have completed at least 26 weeks’ continuous employment with their current employer, they will also be entitled to Statutory Maternity Pay.

Eligible teachers will be entitled to the following benefits.

Ordinary maternity leave of up to 26 weeks which will be paid leave as follows:

• first 4 weeks of absence: full pay inclusive of Statutory Maternity Pay (SMP);
• next 2 weeks: 90 per cent of a week’s salary inclusive of SMP;
• next 12 weeks: half pay plus £128.73 SMP (not exceeding full pay);
• next 8 weeks: £128.73 SMP.

Additional maternity leave of up to a further 26 weeks, 13 of which will be paid at the SMP rate of £128.73 per week, with the remaining 13 weeks unpaid.

Such teachers can now remain absent for a total period of up to 52 weeks. They will also be entitled to take statutory unpaid parental leave at the end of this period, since they will satisfy the requirement for 1 year’s continuous employment with the current employer.

CATEGORY 2

Teachers with less than 26 weeks’ continuous employment with their current employer but at least 1 year’s continuous employment with one or more local authorities

Teachers who have by the qualifying dates completed at least 1 year’s continuous employment with one or more local authorities will be entitled to the full benefits of the Burgundy Book scheme. If, however, they have completed less than 26 weeks’ continuous employment with their current employer, they will not be entitled to all of the statutory provisions. In particular, they will not be entitled to Statutory Maternity Pay, although they may be entitled to the state benefit Maternity Allowance (MA) depending on their recent National Insurance contributions record in other employment. Teachers in this category are entitled to be absent for up to 52 weeks.

Eligible teachers will be entitled to the following benefits:

Ordinary maternity leave of up to 26 weeks, of which either 18 or 26 weeks will be paid leave as follows:

• first 4 weeks of absence: full pay, inclusive of MA if eligible;

• next 2 weeks: 90 per cent of a week’s salary, inclusive of MA if
eligible;

• next 12 weeks: half pay plus £128.73 MA if eligible (not exceeding
full pay);

• next 8 weeks: £128.73 MA if eligible, otherwise unpaid.

Additional maternity leave of up to a further 26 weeks, 13 of which will be paid to teachers who qualify for MA at the rate of £128.73 per week, with the remaining 13 weeks unpaid.

The Burgundy Book scheme allows mothers to take unpaid maternity leave for up to 29 weeks after the week of the birth. They may also be entitled to take statutory unpaid parental leave at the end of their maternity leave period provided that by that date they have at least one year’s continuous employment with their current employer. It may also be possible to agree additional unpaid leave for any teacher in this category on an individual basis with the employer.

CATEGORY 3

Teachers with at least 26 weeks’ continuous employment with their current employer but less than 1 year’s continuous employment with one or more local authorities

CATEGORY 4

Teachers with less than 26 weeks’ continuous employment with the current employer and less than 1 year’s continuous employment with one or more local authorities

Teachers who fall into category 3 will not be entitled to the occupational maternity pay provisions of the Burgundy Book, although they will benefit from maternity leave and pay offered under the statutory scheme. Teachers who fall into category 4 will be entitled to take up to 52 weeks’ maternity leave but will have only limited statutory entitlements to pay, depending on their National Insurance contributions. See Section 4 of this guidance.

Elisabeth04 · 06/09/2015 19:16

Thank you that is so helpful. Yes we are an academy so will need to double check. So just to confirm when you say be there a year on my due date, basically the earliest I can start trying to conceive is January so that starting in September to the due date of September next year (all going well!) Would be a year?

Thank you

OP posts:
PotteringAlong · 06/09/2015 19:21

Yes, that's right - if you got pregnant at the end of December you'd have a beginning of sept due date so if you start ttc in January you'll definitely get maternity benefits.

PotteringAlong · 06/09/2015 19:22

Double check with your academy HR though

justtheonethen · 06/09/2015 20:22

We are in the same position, started in Jan, sadly no baby yet! Check your contract though as they don't have to follow it, I'm in an academy too. I haven't asked, just thought that if I made sure I would qualify for burgundy book I would qualify for anything they offered.

Can I be nosy, what academy chain?

Elisabeth04 · 06/09/2015 21:51

I hope you understand but I'm not too comfortable saying

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cornishglos · 07/09/2015 14:03

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PotteringAlong · 07/09/2015 14:45

Noooo, Cornish that's rubbish! I was tupe'd over when we were taken over so it doesn't impact me at the minute but I've realised from reading this that I don't actually know what my academy chain specifies.

justtheonethen · 07/09/2015 18:14

No problem! That is rotten timing Cornish!

MrsPCR · 07/09/2015 19:08

I was in your position last year and as PP stated, with Burgandy book, you have to do a year and 11 weeks. I found it clearest here: www.tesfaq.co.uk/maternity

(Sorry can't hyperlink on phone)

Based on last this year, I worked out a year plus 11 weeks gives you a due date of 17th November, which gives a LMP of approx 10th February. By my calculations, if you start trying before then, you won't qualify. We left it a month just to be sure of dates. You'd kick yourself if you missed it by days!

justtheonethen · 07/09/2015 21:07

Sorry to hijack thread but I've just changed jobs, same academy chain different school in same area. My continuous service carries on doesn't it? I don't start again?

mrsd87 · 26/09/2015 15:19

HI, can anyone explain this for me in laments terms, I really think I'm missing something or misinterpreting our entitlements.

So, the guidance above says that, to qualify for Category A (obi the one we all want to be in, right girls?)you need at least 1 year's continuous employment with one or more local authorities.

Does the one or more LA school not mean that your continuous service carries over from one LA to another? Otherwise why put the one or more part in, why not just say you need at least a year with your current local authority?

So, for example, I have 2 years service with my previous local authority and less than a year's service with my current LA> So technically, do I have a year's continuous service with more than one local authority?

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