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fixed term contract and maternity leave

10 replies

stephaniej123 · 16/02/2015 21:47

Hi there

I have been offered a maternity cover job in teaching for approx 15 months starting in april. We are hoping to have a second child next year my question is am I entitled to MP from my teaching job as my contract would finish potentially whilst i was on ML or am i only entitled to SMA?

OP posts:
thatstoast · 16/02/2015 21:55

Have a look here:

www.gov.uk/employers-maternity-pay-leave/eligibility-and-proof-of-pregnancy

One of the main issue would be this point:

have worked for you continuously for at least 26 weeks up to the ‘qualifying week’ - the 15th week before the expected week of childbirth

So it's a matter of timing really as you'd need to be 25 weeks or more before your contract ends.

stephaniej123 · 17/02/2015 07:07

Yes i will be more than 25 weeks gone, (by next year meant school year) so even though my contract will end at what would be my 7th or 8th month theyd have to pay me maternity pay; (6mo full 3 mo half 3 mo stat as per schools maternity leave policy) rather than the MA through the government?

OP posts:
AKnickerfulOfMenace · 17/02/2015 07:14

For private sector employers, it's allowed to make enhanced maternity pay conditional on a certain length of service; it's only SMP that's automatically subject to the law above.

I don't know what the situation is for teachers

AKnickerfulOfMenace · 17/02/2015 07:18

Bit confused - would the contract finish in the 7th month of PG or 7th month of ML? Assuming your timing goes as you hope!

stephaniej123 · 17/02/2015 08:14

Thanks aknickerfulogmenace! Thats the document i was after been trying to find that for ages! The part on OMP & SMP were the parts I have been after, even so the 1k a month on SMP

OP posts:
stephaniej123 · 17/02/2015 08:18

Thanks aknickerfulofmenace

That's just what i wsd looking for. Brilliant!

OP posts:
AKnickerfulOfMenace · 17/02/2015 08:35

I think it's a couple of years old so check latest guidance with your onion.

AKnickerfulOfMenace · 17/02/2015 08:35

Union!

flowery · 17/02/2015 08:36

You won't get the enhanced occupational maternity pay, you need to be employed to receive that, and assuming the Burgundy Book provisions apply to you, you need to return to work for 13 weeks after mat leave as well. But you should get SMP- 6 weeks at 90% then 33 weeks at the basic rate.

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