Maternity pay

melly1980

Not sure if this is in the correct place but here goes anyway.

A friend is pregnant, works as a teaching assistant and is looking at maternity options. One thing came up that I was unsure of the answer of so here I am asking.

As those who are teaching assistants will know TA dont get paid for the full year, they get paid for the 9 months + hols as a pro rata payment but this is spread over 12 months so you get equal income per month.

Now this person is due at a time that will span the 6 week holiday, plus more. Should she be on maternity leave during this time and therefore on less money because as far as I can see she doesnt have to work those days, is unpaid for them anyway but should still get her regular pay because she is getting paid for work she has already done. How does it work? I can provide more info if required.

Thanks in advance for any replies.

fresian_cow

Maternity leave has to start no later than the day the baby is born I think so if that is during the school holidays she will have no choice but to start her maternity leave then. She won't have to start it before then if she doesn't need to though which might work out quite well for her. My friend is a teacher and she is due the last day of autumn term and wondered if she was able to put off her maternity leave until the spring term starts but is unable to if the baby comes before then.

melly1980

fresian_cow wrote: »

Maternity leave has to start no later than the day the baby is born I think so if that is during the school holidays she will have no choice but to start her maternity leave then. She won't have to start it before then if she doesn't need to though which might work out quite well for her. My friend is a teacher and she is due the last day of autumn term and wondered if she was able to put off her maternity leave until the spring term starts but is unable to if the baby comes before then.

The child is due April time so I think what she is hoping is that

1) have the baby
2) Start ML straight away, she can get 90% of payy for 6 weeks.
3) after 6 weeks take the rest as 50% pay + SMP (leaves her just a bit short but doable)
4) End maternity leave just prior to summer holidays and therefore get full pay for being on 6 weeks off (no issue because she'd get paid anyway without being there because its work she's already done)
5) Finish ML and start back up in Sept.

How does that sound?

kingfisherblue

Many teachers return to work after maternity leave just before holidays start - that way, they get paid over the holidays. However, teachers are salaried and TAs are not, so I don't know if it would be the same. https://www.tes.co.uk has a pay and conditions forum that will be used to questions such as this, so someone over there shouldd be able to clarify things for you.

melly1980

kingfisherblue wrote: »

Many teachers return to work after maternity leave just before holidays start - that way, they get paid over the holidays. However, teachers are salaried and TAs are not, so I don't know if it would be the same. https://www.tes.co.uk has a pay and conditions forum that will be used to questions such as this, so someone over there shouldd be able to clarify things for you.

I understand that teachers are salaried but if you think about it the 6 week holidays for a TA is unpaid yet they still get paid. The reason they get paid is that they are getting money spread out that they have already earned for the time that they have worked. I'll ask around.

embob74

Are you saying your friend is hoping to work it out so that she receives a full wage while on maternity leave? Unless the employer gives a generous maternity package I didn't think that was possible.
I'm not quite sure how it would work due to not actually being paid for the holidays but I know usually your SMP is worked out on what you earned during weeks 17-25 of pregnancy. You are still entitled to all holidays while on leave so she could tag these to the start of her maternity leave or ask if they can be rolled over to the next year.

melly1980

embob74 wrote: »

Are you saying your friend is hoping to work it out so that she receives a full wage while on maternity leave? .

No.

What Im saying is that can she end her maternity leave in mid July to co-incide with the start of the summer holidays then receive full pay for the next 6 weeks, because she would have received that pay anyway. This pay is for work she has already done therefore surely she should still get it?

fresian_cow

I think she'll have to discuss with whoever deals with her hr as it's slightly different to teachers wage which is for 12 months. If she does do that she will have a fairly short maternity leave, is she okay with that. Also will there be that much of a difference between her maternity pay and her actual pay.

[Deleted User]

melly1980 wrote: »

No.

What Im saying is that can she end her maternity leave in mid July to co-incide with the start of the summer holidays then receive full pay for the next 6 weeks, because she would have received that pay anyway. This pay is for work she has already done therefore surely she should still get it?

I see where you are coming from, but I think she will already benefit from the money as it will enhance her Maternity Pay and 50% top up. If the 50% top up is for the remaining 33 weeks as I think your post implys, then it is very genorous.

Your friend may feel she normally gets 6 weeks off on full pay, but that is not the case. As you have stated they get paid 39 termtime weeks and usually an apportionment of the 28 day statatory holiday (usually 21 days although some get more) so only a small part of that break is actually paid. If you were working on an accrual basis like they often do with temp staff they get something like 1 week at Christmas, 1 Week and 1.2 weeks at Easter and 2 weeks in the summer.

I guess it seems unfair that a teacher who had a baby in October/November could take 39 weeks SMP then return mid July and go straight nito the summer holiday. But at the same time if someone's qualifying week fell in July and August and you said that they are not at work then and don't qualify that would be unfair too.

If she goes off in April and returns in July as far as I can see she will just end up losing out on SMP and 50% top up.

I don't know the exact date her baby is due but another thing to consider is the easter break (In Nottingham anyway, realise it may be different in other parts of the country) Here we break up on 30th March so have 2 weeks Easter holiday, Commence SMP on first day of new term 16th April 2012 (providing baby is not due or does not arrive before this) would give her 41 weeks off. Or if she is struggling return after 36 weeks just before the Christmas break to gain another 2 weeks holiday. Or if she has to go earlier than 16th April time it so she is due back just before Xmas so she gains it that end.

Sorry realise I havent really given you a definate answer just wanted to throw some more thoughts in the mix.

amus

When you get SMP you still accrue holidays whilst on maternity leave. So from this it may be the case that she will still be paid the 6 weeks holiday on top of her maternity pay, because she will still be entitled to those holidays IYSWIM. Either this or she will be able to
take extra paid holidays when she returns i.e. if she had to leave mid July but went back in April she could have the extra holidays she lost in July from having to go on maternity. With it being a School though I would imagine she would just get the money.

melly1980

no need for any apologies guys you have all been most helpfull.