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Original poster

teacher confused about maternity leave/pay

8 replies

jazzy57 · 27/06/2006 16:58

I'm a primary teacher 13 weeks pregnant. I have told my head that I intend to start my leave during October half term. I have casually mentioned to people that I will not return. Various people have told me that I have to or at least state that I will return (even tho I have NO intention of ) or I will lose my maternity money. As leave is now 26 wks paid then 26 unpaid can I not just wait till the latter period then hand in my notice? Only one site i've been to said that at 20 wks I must write a formal letter including MAT(?) certificate and state that I DO intend to return. I can of course then change my mind later. I am really confused. What must I do to ensure I get the maternity pay? Do i have to pretend I am going back?

OP posts:
sarahhal · 27/06/2006 17:07

As far as I know, you will still be entitled to so much even if you are not going back. I get confused between Stat Pay and the other, but I think that with my LEA if you don't return for at least 13 weeks you have to pay back the £100ish a week you get after the decent pay stops, so I imagine that you just don't get this if you don't plan to go back. That didn't make much sense did it!!!

Hope someone else can be clearer for you!!

hana · 27/06/2006 17:12

if you state before you go on maternity leave that you won't be returning, then they won't pay you extra ( think it is 12 or 13 weeks) I'm not sure what it's made up of though, your best bet is to contact your LEA payroll or union directly. If you say you plan to return but don't, that's when you have to pay something back.

LIZS · 27/06/2006 17:25

If you say you plan to go back and don't they can only reclaim any payments over and above the statutory amount, which is
First 6 weeks @ 90% of your average weekly earnings with no upper limit
Remaining 20 weeks @ £108.85 or 90% of your average weekly earnings if this 90% rate is less than £108.85,
if it has been stated beforehand in writing that it is dependant upon your return to work, perhaps for x amount of time. I'm not sure to get SMP you have to actually state you intend to return, think that is more to protect your job as they cannot replace you in the interim.

geogteach · 27/06/2006 17:27

It is the additional pay on top of statutory that you have to pay back but if you say you are not going back they won't give it to you in the first place. I would keep an open mind, after no3 I planned not to go back but when I realised that going back for the last half of the summer term plus the holiday was worth nearly £5,000 (pay and mat pay I would otherwise have lost) I gritted my teeth and worked the 7 weeks.

UCM · 27/06/2006 18:06

You need to ask for a copy of your maternity handbook/or policy. If you are paid your normal salary for 6 months and take an extra 6 months off, it will state in there whether your employers will demand back some of your maternity pay.

If you are recieving statutory Mat pay, you don't have to pay anything back. But if you have worked for your employers for more than 1 year then it must be paid as you have earnt it.

onesock · 27/06/2006 19:15

Say you are going back. Put it in writing that you will return the first Sunday of the summer holidays. With this letter you can hand in your notice or just hand in your notice at May half term (as is your right)

This way you do not need to physically return at all and the six weeks of the summer hols will ofset most of what they will want you to pay back. With most LEAs, its 12wks at half pay thatthey want back so that will leave you owing them 6wks at half pay. You will get a full salary at the end of august from which you can pay back the 3wks (6wks half pay)

This is what I did and every other teacher I know who decided not to go back.

Good luck!

onesock · 27/06/2006 19:23

Of course, if you could sort temp childcare, you could go back for the last one(or two) week(s) of term. This would give you 8wks full pay and as you'd come back for 2wks longer you would only owe them 4wks.

I told my head I was going to do this right from the start. I never put it in writing to the governors though. He was grateful as it allowed him to look for another member of staff for the Sept early rather than have to wait until my May resignation. He also said his wife had done the same.

Original poster
jazzy57 · 28/06/2006 17:23

thanks everyone, after reading carefully I understand it all much better

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