Maternity Rights

[NoNeedforALlama]

If I moved jobs from an LA school to a free school within the same authority how long would I have to work in the new job before getting full maternity entitlement? TIA

What does the maternity policy say?

"to qualify for SMP, a teacher must have 26 weeks' continuous service with their current employer by the 15th week before the expected week of childbirth. Current employer will include a local authority or any of its maintained schools." That's from the local government association website.

But I'm not sure if free schools 'count' as local authority schools or if they have to follow any of the Burgundy Book that's where I'm confused.

Free schools don’t count as LA schools. I’m legal and regulatory terms they are academies. Some will honour your continuous service, some won’t, just like moving between certain local authorities. The only way to be sure is to ask but I would understand if you were reluctant to do this.

By the way, the criteria you quote is for statutory maternity pay. You asked about ‘full’ maternity entitlement, usually known as ‘enhanced’ in teaching. You usually need to have at least a full year’s service for this to apply, and you have to return to work for at least 13 weeks afterwards

Thanks, yes that's what I meant, enhanced sorry! Thanks for that info, I think I'm going to just have to ask because it's either that or not bother applying so really I've got nothing to lose. I've been teaching for this LA for 5 years so if they honour continuous service that'd be fine but I haven't got time on my side to wait to TTC.

So I asked and this is the reply I have received which has come via HR

"As an Academy there is no longer an obligation to maintain School Teachers' Pay and Conditions Document (STPCD), Burgundy Book and Green Book terms and conditions. However, we remain committed to maintaining these conditions for all existing and new members of staff. As contractual Maternity pay is different in the Green (non-teaching) and Burgundy (teaching) book we will pay the same contractual pay to all staff who qualify ensuring that all conditions are brought up to the higher of the 2 levels.

Staff with at least 26 weeks continuous service with LSS and at least one year’s continuous employment with one or more local authorities (LAs) or Academies before the 11th week before the EWC, will be entitled to receive contractual maternity pay"

So am I right in thinking that I would need to be in post essentially the whole of my pregnancy and would then qualify for the same maternity pay as if I had stayed in my current post? Just want to make sure I've understood correctly but don't want to keep bothering the head teacher with it!

To qualify for the statutory bit, you need to have been with the employer for 26 weeks before the 15th week before due date, so a slightly different rule than for the occupational bit. That's a total of 41 weeks, and they work out due date as 40 weeks from the first day of your last period. So to be sure of qualifying for everything, start the job, and wait until after your next period.

Or if time is not on your side, just get on with it, accepting that you may not get as much maternity pay if you are lucky enough to conceive straight away.