A little bit of advice please

[Giggle78]

Hi there,

I really need to some outside opinions from people who don't know me and who can look at it more objectively than me.

Back ground:

1. I am Head of Department in a secondary school.
2. I have always taught my one main subject.
3. I went on maternity leave in June and had a baby in July.
4. In Jan this year I was told that when I returned from maternity leave I would get the title and salary back - but my maternity cover would contine to teach a 100% timetable in my subject and I would have to teach whatever was available. (Any subject)
5. Advice from my union was as long as I went back within the 26 weeks Ordinary maternity leave this was not legal.
6. Much to-ing and fro-ing with my management team where I make the maternity law very clear but they do not want to listen. HR department steps in and says that the Union and I am wrong and that it won't be 'practical' for me to go back to teaching my subject and just have to teach as directed by my Head.
7. I cry a lot and am very stressed as this does not seem fair as maternity leave is only for the last few weeks of summer term and one term this academic year if I only take 26 weeks.
8. Get independent advice from a solicitor and HR department are wrong and Union is right.

... I have to write my letter giving eight weeks notice that I am starting back in December. This is within the 26 weeks of maternity leave.

How strong should I be in this letter?
Do I mention that I have taken independent legal advice and that they agree with my union and I should return to title, salary and teaching duties as before I left?

Or do I simply write it confirming the date I will return and wait until they confirm what they expect me to teach and if its only a small amount of my subject then come back at them with my union?

What do you think?

Thanks

How long will your maternity cover be staying at your school? Is s/he there for the full academic year? Were you originally intending to take additional maternity leave, and have changed your plans (as is absolutely your right to do so)?

I ask as it could seem reasonable that (1) if your employers were expecting you to be off for the whole year that they employ a maternity cover to see the year out, for continuity with the students. But as head of department don't you get a significant say as to who teaches what?

I think you can be directed to teach anything rather than your specialist area, but it does seem unfair. I would write back to them stating your date of return and asking for a timetable. Once you see exactly what they are wanting from you, you can take it from there. Good luck!

Well it was a little bit murky - because when I was 14 weeks preggers I was asked into 'the office' as I was walking past and asked how long I was going for. I was totally thrown and said the following:

Well I would like to go for a year because you only get one this time once, but I am the only one working at the moment so I could only go for two months. I guess the likely hood is six months.

I then left the office and went home that weekend and worked it out how long our money could sustain us. I went straight back in on the monday and said we've worked it out and I can only take six months. That was when I was told I wouldn't be able to teach my subject when I returned and when the 'disagreement' between us started. The school has known since Jan that I planned to only go for one whole term and had ample opportunity to let the maternity cover know that she would not teach a 100% timetable if I came back. I also tried to be really reasonsonable and created a timetable for all three members of the department that I would have been happy with - but they would not agree it before I left. I think the school all along have hoped that I would have my baby and stay off for the whole year.

Which in reality is what I want to do but if I did would put an enormous strain on my husband which I don't think is fair.

Also in teaching you can be directed to teach anything - with the expection of returning within 26 weeks of maternity leave when you should return to the subject. (I'm quite hot on maternity law now!!)

They seem to have planned for you to be off a year when you have made it quite clear that was v unlikely!

I would write to them stating your return date and that you expect to return to the same post and teaching duties - how about asking for a meeting prior to your return to discuss (you can use this as one of your KIT days). I wouldn't have the union rep at that meeting, but take notes and if the outcome is bad, get the union to come down on them. Their loyalty should be to you, not the maternity cover!

Just read your post again - so they had planned that your cover would continue to teach your timetable BEFORE that person was even in place? Bizarre! Has anyone else gone on maternity leave at your school and had the same problems?

Yes, They managed to ask maternity cover if she would come in the space of time that I had that coversation in the office on Friday and me coming back to them on the Monday. -

In a bizarre twist to the tale - my maternity cover teacher was our student teacher. Student teacher agreed to return to our school to cover my maternity for one year if the school agreed to certain things - one of them being that she would teach only our subject. I didn't know this at the time but she was encouraged by the other teacher I work with to make sure that HT agreed certain things before she came to the school because they are known for doing what they want and not upholding their word/law!

Before I arrived at the school there was another teacher in my department who went on maternity leave. Before she went the HT looked her in the eye and said when she returned she would return to 100% timetable in my subject. When she came back she only got a 50% timetable because they kept her maternity cover on even though there wasn't really a job for her, but they made one for her out of the other teachers role. So they have done similar things before.

Thanks for taking the time to reply. Getting this out it helping. I think you are right about asking for a timetable and meeting and then taking it from there.

This sounds outrageous to me...but wait for the HR gurus.

My colleague is on ML at the moment. She might take the full year, but before she left we asked what she expected to do. She said 6 months...so we recruited a temp for that period. She now thinks it will be 8 months, so have new temp. This is fine...she has the priority and whenever she does come back, as long as we get 8 weeks notice, we will terminate the temp and she will have her job back.

Good luck.

You are entitled to come back to your current job and on your current terms and conditions.

The slightly murky part is that, if they can require you to move from your subject area in normal circumstances, then asking you to do that could be argued to still be the same job.

BUT your chronology looks to me very much like they are penalising you for taking maternity leave and stupidly made promises to a student teacher that they shouldn't have done to get her to cover.

Do they commonly ask people to teach almost entirely outside their subject?

It sounds to me like pretty clear discrimination and I would be making very clear in your letter that you know your rights and won't let this lie.

Thanks so much.

Here is what I think:

1. I know that they have to make provision for me to go for a year and technically they shouldn't have asked me at all how long I would go for.
2. They made promises to the student teacher to get her to commit for a year and from her point of view I can see why she wanted some security.
3. BUT they made promises that they shouldn't have. They should have said but (me) has the right to come back and when she does you will have to teacher a different timetable.
4. I am having to pay for their bad management.
5. It is discrimination. It is illegal. There is law in place to protect me.
6. BUT THE MORE I THINK ABOUT IT THE MORE I CAN'T FACE THE CONFLICT.

1. Teach

not teacher (!)

I appreciate that this might not help - and it doesn't override your employment rights -but, as a parent, I can see that it might be preferable for a class to keep the same teacher for the whole academic year, particularly if it's year 11,12 or 13.

If this has played any part in the school's decisions is there scope to compromise on timetabling and come up with a solution which whilst not perfect for you is better than that currently on offer?

Hi there,

I would agree with you and I would always put the students first. At our school me coming back and taking over the classes would be the best thing. Let me explain:

In Year 12 and 13 we teach the set texts from September to December. January to April the practical. I would be coming in to start the practical with them. I have taught the students since Year 9 and 10 and have excellent relationships with them.

At GCSE we start it in Year 9. So for my Year 11's out of a possible 9 terms over three years - so far I have taught six of them. I will only have missed one term due to maternity leave. So if I take them back I would have taught them 8/9 terms.

Same for the year 10's etc.

The only one you could possibly say I wouldn't actually be the continuous teacher would be the Year 9's who have started their GCSE's. But they have got another 8 terms to go before they sit their final GCSE's.

Maybe I wouldn't be so upset if it really wasn't practical for me to take back the classes however it really is practical. Plus on top of that I am an experienced teacher who is HOD, who has taught many of these students for many years.

Ta.

Anyway, I have been thinking about it all and I am going to organise a meeting with HT to try and come to a compromise.