Continuous service for occupational mat pay??

[Marriageoftrueminds]

Hi all,

Can’t find a thread on this so hoping someone might be able to shed some light.

I moved counties, LAs and schools in September and am now 20 weeks pregnant. I’ve been a teacher for nearly 6 years so I had a google and read the Burgundy Book and the union guidance pages, and was pretty confident I’d be entitled to occupational maternity pay because you have to have a year of ‘continuous enployment’ with one or more LAs.

However today I discovered in the information leaflet given to me by my LA that they consider ‘continuous employment’ to mean the same school or schools within this LA only, not other LAs. Under this criteria I don’t qualify for what they term ‘contractual maternity pay’ but which looks to be the same as occupational maternity pay (which is confusing in itself - why the different terms?!).

Anyway this is a not-inconsiderable financial setback and I am wondering if they can do this when the national guidance clearly states service with any LA is sufficient? Does anyone have any experience of this?

Many thanks in advance!

What type of school is it, and what is your role within it? Most schools in most LAs, with most roles will automatically include Burgundy Book conditions, but there are exceptions. It's easier for you to say your type of school and role (e.g. Permanent, supply, than to nit-picky list all the exceptions.

It’s a state community primary school, not an academy or free school, and I’m a class teacher on a permanent full-time contract. Previously I worked for 5 years at a very similar school, again on a full-time permanent teaching contract. Thanks for your response.

I moved la’s and had to do a year before I got enhanced maternity pay.

They are wrong. The Burgundy Book is very clear. If you have done over one year's continuous service in one or more LA maintained school, then you are entitled to OMP. Because you have changed employer mid-pregnancy, however, you won't get SMP from your employer, but will get MA instead, which you must apply for yourself.

Thanks guys! I fell pregnant in Janurary (and started at the school in September) so I wasn’t pregnant when I started the job, I think I am entitled to SMP too?

Oops, sorry, I misread last night and thought you had said you started a new school and were 20 weeks pregnant. Then yes, SMP applies.

Thanks everyone for your time. I queried his with NASUWT too, and they agreee that I should be entitled to OMP so I feel pretty confident about this now and am going to take it up with the LA.

Thanks again!