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Original poster

Teacher maternity- when to work until?

61 replies

61sazzler61 · 13/04/2016 17:12

Hi everyone

Just after some advice from teacher mums!

Our first baby is due July 31st and I am thinking about when to start maternity leave. (Y6 primary teacher) (School have been very supportive of my pregnancy.)

Financially, it would be helpful if I could leave it as late as possible, to have more time with our little boy when he arrives!

If I pushed it until the last day of term (Friday 22 July) this would be only 9 days before my due date! (Eek!)
Usually, (if I was due at a 'busier' time of the academic year, I would not even contemplate doing this due to the pressures/marking/long days etc.)

However, since the last few weeks of term are far, far less pressure than the rest of the year (we have a week where my class are out on secondary school visits/whole school picnic day/rehearsals for our Y6 show- which my colleagues will happily lead) I am wondering if it is 'wasted' maternity pay taking time off at this point?

I have a 15/20 min drive to work and very supportive colleagues.

Also, I have already said that it is my intention (if I do leave earlier) to go back in to school for the Y6 Leavers' Presentation evening and also for an hour on my last day, as I'd like to see my class off to secondary school. So I feel like if I'm going in to school I might as well be being paid?

Am I completely mad!?
I just know that I have such a supportive team (and could have the two Y6 TAs with me as they would be the ones left with my class if I left two weeks earlier anyway.)

All honest thoughts welcome!! Thank you :)

OP posts:
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SuffolkNWhat · 13/04/2016 22:34

You can nominate the first day of the holidays as your return date (on your old contract) that way you have six weeks of your 13 towards to maternity entitlement sorted. Then start your new part time contract in September.

IndomitabIe · 13/04/2016 23:10

The 61! You've said it there!
"The latest date maternity leave can commence is the date you give birth"

Not the date you're due, but the actual date you give birth!

IndomitabIe · 13/04/2016 23:12

High 5 to Penny & Suffolk there too!

IamChipmunk · 14/04/2016 06:06

What does the burgundy book say? I had this argument when pregnant first time round.
We ended up checking with acas and they said mat Leave had to start on your due Date. I'm also NASWT and their doc said the same thing.
This was two years ago so ill check it out again.
I went back for one day before a holiday to get back onto full pay.

IndomitabIe · 14/04/2016 07:35

Iam, I've done both of these things. You can work as long as you like and you can return to work on the first day of the holiday.

I've done each of these in two state schools. It's fine, honestly.

Luciferbox · 14/04/2016 07:47

DS2 was due on July 30th last year and I put his due date down as my leave date. This way I got more money and I could return to work later. I did have a good pregnancy and the school run an activities week on the last week and I was given the easier jobs. DS2 was 13 days late so didn't arrive until August anyway. Do what you feel comfortable doing. I knew he'd be late and my pregnancy was trouble free, I was just massive.

Original poster
61sazzler61 · 14/04/2016 08:10

thanks I'm definitely calling HR about it! sounds like good plan!

OP posts:
Original poster
61sazzler61 · 14/04/2016 08:16

Is it HR I need to speak to at the county council?
I'm pretty certain my head won't know about this- as someone has said, I'm guessing many people who 'should' know are probably misinformed... :/

But if I do make it to the end of term I'm determined to push my maternity start date to when baby arrives!

OP posts:
sunshinemeg · 14/04/2016 08:21

You need to give the latest date possible on your notice to the school. If you need to start before that you can, but you cannot give an early date and then push it later.

primarynoodle · 14/04/2016 08:29

I think you have to have somewhat questionable morals to take the full academic year off for holidays then come back to get paid for the following summer because...

Although its legal and great for you etc that means the poor sod who has spent all year planning/prepping and marking for your class on your maternity cover then DOESNT GET PAID FOR SUMMER.

Once you 'return' their temporary contract is ended and their pay is ceased -please dont do that.

However the going overdue thing is fantastic i never knew that! So annoying that my baby is due beginning of july im never going to make it to the summer holidays!!

IndomitabIe · 14/04/2016 08:32

Depends on your school setup. Whoever deals with pay is the person. Or, just hand your letter in (there's a proforma on the maternity matters document) giving your start date as two weeks after your due date.

If/when they query it send them the NUT & NASUWT documents which say only about starting the day after delivery.

IndomitabIe · 14/04/2016 08:38

primarynoodle I'm not sure calling it 'questionable morals' is on, really. How the school employs a cover teacher is nothing to do with the OP. Most schools will only employ someone for the shortest time anyway, and as the OP had said it'll be her TAs taking over. She needn't be burdened with that guilt too.

doobeedee · 14/04/2016 08:48

Putting your return date as the first day of the holidays is perfectly acceptable and you should not be guilt tripped into not doing it. A person doing maternity cover should know from the outset that the might not get paid for the hols. Mine was only contracted until Easter anyway and then it was extended to summer. I took a whole year and got 2 lots of summer hols pay by putting down the best dates to start and end may leave. I'd earned the first hol pay by working the entire year and taking the last one is just like people in other jobs who tag their annual leave onto the end of mat leave. Don't let yourself be done out of money because of ignorance on the part of the school. Do the research and tell them what should be happening. Even if they know the above is the case, they often won't let on. 5 people were pregnant at the same time as me and they only got to know all of this because I told them.

IamChipmunk · 14/04/2016 09:46

I have had a look this morning and the NASUWT guidance is clearly saying Mat leave can start on the date you give birth (Not due date as it used to!)

I have also checked ACAS and they say - 'the date she intends to start maternity leave. This can normally be any date which is no earlier that the beginning of the 11th week before the expected week of childbirth up to the birth'
Also using the words up to the birth rather than due date.

Great news! That should get an extra few days pay. I am also going to look at returning to work. Have asked for updated policies to see what it says. I can't see anything in the NASUWT info about returning to work.

61 - do you have a HR dept? We do who handle all things like this (although we are an academy).
Even if its your head do not take no for an answer. I had this argument in my first pregnancy. They told me I had to start Mat leave on a Mon! eventually after showing them NASWUT and ACAS guidelines they backed down and I started MAT leave on my due date. They will try and fob you off to suit themselves, I found.

Thanks so much to the posters who flagged this up!

Original poster
61sazzler61 · 14/04/2016 16:23

Hr say they won't let me put anything after my due date? Despite me reiterating all we've said here!

Any advice where to go next?

OP posts:
Helbelle75 · 14/04/2016 16:32

user1456516347 I'm due 8th Dec and also secondary, so I'll be in a similar position. I'd like to work as long as possible, but I have a very full timetable and am the only French teacher in my school, so not entirely sure what they'd do about cover. However, that's their problem to sort not mine!

primarynoodle · 14/04/2016 17:51

indominable most schools will employ a teacher on maternity for a full academic year, if this is september to september that means they spend the whole year working their arse off as all teachers do - when the teacher on maternity leave then says come june "oh actually i want to come back for the last week of term" (purely so they can then be on full pay for the summer of the year that they havent worked)that means the school will then terminate the contract of the cover teacher from that week who then has to find work for the 6 week holidays or be without any pay. I would argue those morals are incredibly questionable - and the OP hasnt expressed a desire to do that i was responding to a pp. Actually im sure a lot of teachers that do this dont actually realise the implications on the cover teacher when they choose to do so.

We are fucked over enough as a profession by governments/new initiatives etc that we really shouldnt be doing it to ourselves aswell!

primarynoodle · 14/04/2016 17:53

And doobeedoo it isnt like people tagging on annual leave in other professions because of the awful financial implications on other people who arent lucky enough to have found a permanent contract (which are few and far between these days)

Original poster
61sazzler61 · 14/04/2016 18:04

Wasn't trying to start an argument here- I'll be honest no I don't feel guilty as the system isn't fair for summer burns anyway (I.e people come off better/worse depending on when they are due). I'm losing out on summer hols pay this side so don't see why I should also lose out next year . If the school wanted to take the moral high ground they could employ a cover teacher from the start of this summer hols- but they won't. Don't agree that the individual on maternity should have to take 'the moral high ground ' when the school itself won't.

Regardless, my leave is going to be covered by a current permanent member of staff anyway, (therefore no need to feel guilty as no one will be kicked out when I return). She usually does ppa cover but this will be done by two supply teachers instead who are familiar to the school and are happy to do set-term contracts in exchange for none of the responsiblity of a permanent post. (They do a lot of the school supply anyway).

Back to my main point though Smile
Any advice on where to take this since HR are clearly going to try to fight it?

I'm speaking with midwife tomorrow but can't see her completing my form with a later date!

Has anyone also heard that maternity leave has to start on a Sunday? As I'm due on Saturday 30 this further complicates things if true!

OP posts:
Original poster
61sazzler61 · 14/04/2016 18:05

Haha- summer births not burns!

OP posts:
Friday28 · 14/04/2016 18:22

Definitely don't feel guilty. It's no different to the large majority of people I know who manage to wangle more than a year off as they tag their accrued holiday onto the end of their mat leave. If your dates work out, do it. Hope you make it to the end of term OP!

LillyBugg · 14/04/2016 18:31

Maternity leave doesn't have to start on a Sunday. That's to do with calculating maternity pay. Leave can start any day of the week.

Interesting about the latest possible intended start date. I recently wrote our maternity policy at work and got in a real muddle over the latest possible intended start date. I have included it can be no later than expected due date which I'm now thinking could be wrong. I know you can start the day after you give birth but can you really put the intended start date as two weeks after your due date? If anyone could provide a link detailing that bit u would be grateful.

doobeedee · 14/04/2016 18:51

Maybe it's not the same for the cover as tagging on annual leave but it is for the teacher in mat leave. Anyone doing a maternity cover should be aware that they might not get paid for the hols and that the person in mat leave can choose to come back when they want. And I'm not sure how it's possible to know that "most schools employ cover for the year". As I said, my cover was employed until the end of my ordinary mat leave i.e. Easter, and then it was extended, so he was aware the whole time that I might have come back. I was also upfront right at the beginning, so they already knew what my plans were. Sorry if my morals upset anyone but, as harsh as it sounds, it's the rules, we're entitled to it and it's not the person on mat leave's responsibility to ensure a temp cover gets paid over the holidays.

IndomitabIe · 14/04/2016 19:29

Ignoring the cover teacher issue (because that's not the point of the thread)...

All you can do is give them all the paperwork and then refuse to change your letter saying you wish to start your leave 2 weeks after an arbitrary date set by the midwife's little wheel thing.

To reiterate, I did this. I was IN WORK at 40+1 for the last day of term and started my maternity leave when I gave birth a fortnight ago.

It was checked out and accepted by my school (academy) and DHs (LA).

They can't force you to do anything (especially not start on a Sunday) because they are simply wrong. You could try ringing the unions. (It's unlikely your rep has had experience of this, though you could try educating them on it for the benefit of others).

Just keep repeating yourself and the written guidelines.

IamChipmunk · 14/04/2016 19:32

61, my HR told me all sorts first time. Make sure you put things in writing, email will do.
I quoted the relevant paragraph in the nasuwt guidance. I had to do it 3 or four times each time they disagreed with me.
Eventually they said they would ring ACAS so you could always suggest they do that.

Don't let them fob you off! I was originally told I couldn't start mat leave during a holiday!!!!