Maternity - Might be complicated

ViolaLass

dadtobe wrote: »

you leave teaching, or move to a school not covered by the Burgundy Book, and then return to the maintained sector, then you can pick up your previously accrued rights from day one of returning to the maintained sector.

Can you quote the Burgundy Book on that? I've looked and I can't find anything that says that continuous service doesn't have to be continuous.

nicechap

gettingtheresometime wrote: »

As Violalass has said if you know the answers why ask us?


.......

Ditto. .

Wayne_O_Mac

FBaby wrote: »

She needs to take it on the chin.

If she'd done that then maternity leave wouldn't be an issue.

NeilCr

gettingtheresometime wrote: »

As Violalass has said if you know the answers why ask us?

.

Tend to agree with this

OP if you want some advice I'd strongly suggest concentrating on your wife getting a copy of her contract. Until then, you don't know for sure what you are fighting against - if, indeed, you are fighting against anything

daisy23169

dadtobe wrote: »

you leave teaching, or move to a school not covered by the Burgundy Book, and then return to the maintained sector, then you can pick up your previously accrued rights from day one of returning to the maintained sector.

This is quoted from published advice on transferring between LA and academy schools, not from the burgundy book, but you have selectively missed out the fact that this refers to sick pay entitlement and not maternity pay entitlement.

As you are unwilling to listen to advice here (and I should point out that some of us posting have been working in HR and payroll for schools for the last ten years, know the burgundy book practically by heart, may actually be able to help and are actively trying to do so...) then I suggest you clarify your partner's specific situation with her union rep because I believe you have a fundamental misunderstanding of how continuous service works. Do not rely on your own googling here, take advice from someone who knows these rules backwards.

dadtobe

daisy23169 wrote: »

This is quoted from published advice on transferring between LA and academy schools, not from the burgundy book, but you have selectively missed out the fact that this refers to sick pay entitlement and not maternity pay entitlement.

As you are unwilling to listen to advice here (and I should point out that some of us posting have been working in HR and payroll for schools for the last ten years, know the burgundy book practically by heart, may actually be able to help and are actively trying to do so...) then I suggest you clarify your partner's specific situation with her union rep because I believe you have a fundamental misunderstanding of how continuous service works. Do not rely on your own googling here, take advice from someone who knows these rules backwards.

Hiya evidently you don't know how it works so I have the below what you're not including is this is continuation of employment for Maternity.

I suggest you don't comment on what you don't know and I don't ask the armchair experts for advice.

It appears you missed this section out of the Burgundy book

Continuous employment or continuous service: For employment to be deemed to be ‘continuous’ for the purpose of maternity rights, it is normally necessary for employment to be unbroken or at least for contracts to follow on without a full week’s break. Breaks can only be ‘bridged’ in exceptional circumstances. For example, for the purposes of statutory maternity leave and pay and for parental leave, continuity is not broken where a teacher moves from the employment of a local authority to the employment of a school maintained by the same local authority or vice versa. Continuity of employment is not broken by a succession of fixed-term contracts, provided they are end-on to each other. Teachers employed on a ‘supply’ basis may also qualify as having continuous service where such employment has been regular throughout the school terms for the required period. Most supply teachers will not be eligible for the Burgundy Book provisions - This won't count as she is currently employed What this section is essentially saying is no to supply teachers claiming BB arrangements but continuous service will qualify. So if she was still doing supply no to BB just SMP 90% of earnings.

The Burgundy Book maternity scheme does not, however, apply to supply teachers who are employed in local authority maintained schools on a daily basis, either employed directly by the local authority or school governing body or via a teaching agency.

Also, another thing which is wrong is the assumption school holidays count as breaks in employment (they don't) there's case law for this. You can't have a break in service as a teacher during holidays as you can't be expected to work when there isn't work available.

ViolaLass

We get it, you know better.

Why are you still asking/posting? Is it just to point out how better informed you are than other strangers on the internet?

nicechap

Yawn.

No sign of the contract yet.

Is your partner in a union? If so, why are you wasting people"s time here?

How much have you spent on solicitor's advice so you can keep this thread gong?

daisy23169

There's no point in expending my energy any further by attempting to help you, but I will point out that I did not suggest that the summer holiday counted as a break in service, I simply asked you to clarify your partner's circumstances and whether there had been any large gaps in her supply work - I used the summer term as an example but I said nothing about the holidays.

It baffles me why anyone would waste their time posting on a forum when they are so entirely convinced that they already know all the answers, and then go on to insult the people they have asked for advice.

Go see your union rep/solicitor, and I strongly recommend that you actually answer the questions they ask you to clarify the specific situation regarding your partner's continuous service rather than just repeating the words burgundy book at them.

nimbo

dadtobe wrote: »

Hiya evidently you don't know how it works so I have the below what you're not including is this is continuation of employment for Maternity.

I suggest you don't comment on what you don't know and I don't ask the armchair experts for advice.

It appears you missed this section out of the Burgundy book

Continuous employment or continuous service: For employment to be deemed to be ‘continuous’ for the purpose of maternity rights, it is normally necessary for employment to be unbroken or at least for contracts to follow on without a full week’s break. Breaks can only be ‘bridged’ in exceptional circumstances. For example, for the purposes of statutory maternity leave and pay and for parental leave, continuity is not broken where a teacher moves from the employment of a local authority to the employment of a school maintained by the same local authority or vice versa. Continuity of employment is not broken by a succession of fixed-term contracts, provided they are end-on to each other. Teachers employed on a ‘supply’ basis may also qualify as having continuous service where such employment has been regular throughout the school terms for the required period. Most supply teachers will not be eligible for the Burgundy Book provisions - This won't count as she is currently employed What this section is essentially saying is no to supply teachers claiming BB arrangements but continuous service will qualify. So if she was still doing supply no to BB just SMP 90% of earnings.

The Burgundy Book maternity scheme does not, however, apply to supply teachers who are employed in local authority maintained schools on a daily basis, either employed directly by the local authority or school governing body or via a teaching agency.

Also, another thing which is wrong is the assumption school holidays count as breaks in employment (they don't) there's case law for this. You can't have a break in service as a teacher during holidays as you can't be expected to work when there isn't work available.

.

I had only asked about school holidays as my sister has usually been paid over the summer. However on two separate occasions was not and had thought that this would count as break in service.

Good luck on your partners pregnancy. I hope it goes as easily as these things can.