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The staffroom

Whether you're a permanent teacher, supply teacher or student teacher, you'll find others in the same situation on our Staffroom forum.

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Original poster

Maternity leave during one year fixed contract

10 replies

Juniper404 · 14/08/2015 11:44

Hope someone can help. I emailed my Union but they just referred me back to their generic document which doesn't answer my query.

I was offered a 1 year fixed contract in a maintained school for 2014-2015. The contract was renewed for 2015-2016 but only as one more year. I've got continuous service in the same LA since 2010.

I'm now pregnant and due in January 2016. There's been no mention of my contract continuing so I have to assume it'll end on Aug 31st 2016.

My question is, if I take maternity leave as close to my due date as possible, will my payments still continue after 31st Aug or will they end when my contract does? I'm assuming I'll be on smp only by that point. Is it worth starting my maternity leave earlier to ensure I get all 39 weeks of pay in before the contract expires?

As for the moral side of getting pregnant whilst on a one year contract, the Head did know I was trying (after previous mc) when she extended the contract... so I don't feel too guilty about it.

OP posts:

Justincaseyoudidntknow · 14/08/2015 11:47

You shouldn't feel guilty at all! Congratulations on your pregnancy!

Perhaps the best thing to do is ask the head, they might know? Other than that, I don't know what to expect but I'd assume that you wouldn't be paid after the contract runs out, because that's the terms of the one year contract.

Heirhelp · 17/08/2015 20:28

If your contract has ended then no you won't receive maternity pay as you would not be employed by the school. Pay is for people in employment.

Pteranodon · 17/08/2015 20:31

You'd be entitled to maternity allowance after the contract I think - press your union for proper advice, shocking they haven't taken you seriously.

fredandme123 · 17/08/2015 20:51

I'm pretty sure that as long as you have been employed for 26 weeks 15 weeks before your EDD then you are eligible for SMP to be paid by last employer. For example you could quit your job ten weeks before the baby comes and you would get your SMP just not any enhanced Mat Pay. Not sure about the temporary contract part but think if you work for someone over 11months you have the same rights as perm staff (this could not be true sorry!) Start with Direct Gov website and your contract - but also just ask HR/LEA.

PatriciaHolm · 17/08/2015 21:26

Once you are entitled to SMP, you are entitled to it. Your contract ending doesn't change that, so you will get the SMP.

Original poster

Juniper404 · 19/08/2015 09:29

I emailed the borough's HR department but apparently my school sorts their stuff out through a private company (even though it's LA), so I need to contact the bursar and get the contact details that way.

Alternatively, I could just go back to school for the last week of the summer term and then I'd get summer holiday pay. I'd make more in the seven weeks than I would by getting SMP until October.

Thank you for all of the suggestions so far. I think I will have to push the union for a better response too.

OP posts:

barmybunting · 21/08/2015 03:44

In similar circumstances last year, my contract ended on 31st Aug and I was due in November. I was paid over the summer holidays as usual and then elected to start my SMP payments from 1st Sept. The school were obliged to pay SMP despite the end of my contract because of the length of time I had been there.

However, I am not sure you will be able to start your SMP payments in Sept for a Jan due date. My understanding is that the school would be obliged to pay you SMP, but how it will work with your contract ending I am not sure.

barmybunting · 21/08/2015 03:47

Sorry, I have just re-read your dates and note I have been a dafty with regard to the dates.

In answer to your question, from what I remember when looking into this, yes, your SMP payments would continue even though your contact has ended.

barmybunting · 21/08/2015 03:51

www.gov.uk/government/publications/maternity-benefits-technical-guidance/maternity-benefits-technical-guidance

If you look at the guidance under 'if your contract ends,' it confirms you will receive all of your SMP you are entitled to provided you meet the other requirements re timing which as far as I am aware, you do.

PotteringAlong · 21/08/2015 04:28

The other thing you need to check is that you will be entitled to enhanced pay because you've had continuos service with the same la but in order to keep it you have to work for 13 weeks at the end of your mat leave which, without a contract, you can't do. Check if you can defer / can't claim etc

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