Maternity rights for school staff

brettcta

Hello all. First off, apologies if this is in the wrong area - I had looked to post it in the CAB section before realising it's now closed for new business.

I'm just after some advice - my wife's a teaching assistant for our local authority and our first wean is due end of september. We have a few questions that we've posed to her HR department and have been stonewalled with answers that suggest they don't know what they're doing.

Essentially, as she works in a school she cannot book holiday leave and, as such, they are factored into her monthly pay. When she starts on SMP, what happens to these holidays? Is the pay lost or can she claim the pay on top of her SMP?

Guest101

You continue to accrue holiday during maternity. - that's the law, so it's universal

brettcta

Thanks, but in a job role where she cannot actually book holidays and the pay is divied up throughout the year into her salary, how does that work? How would she be able to use that allowance?

It's fine having the time accrue but if she can't book any time off or receive her salary, what'

georgie262

I work as support staff in a school and I couldn't easily explain it to you but yes essentially the holiodays are lost as she will be paid for them instead. I was equally confused as worked in a 'normal' job where I could book leave when I had my first child, but on a 41 week contract at a school when I had my second so I also questioned it but no there isn't the same ability to 'accrue' leave as there is when you are on a full contract.

brettcta

Thanks, so if you don't mind my asking, did you simply get your holidays paid on top of your SMP?

georgie262

I think they are, essentially, already included in your pay.

Guest101

brettcta wrote: »

Thanks, but in a job role where she cannot actually book holidays and the pay is divied up throughout the year into her salary, how does that work? How would she be able to use that allowance?

It's fine having the time accrue but if she can't book any time off or receive her salary, what'

Sorry you misunderstand.


Any employer can dictate when you take holidays (a common example is bank holidays, the employer is telling you that some of your annual leave is used then) - so she gets annual leave and it is used up throughout the year outside of term time.


She is paid that annual leave as part of her salary - again this is the same for many people. (e.g. you are paid £20,000 per year and that INCLUDES 28 days holiday)


When on maternity she would most likely be paid the A/L as a lump sum or small payments every month.

silvercar

She could use the fixed holiday restrictions to her advantage eg start her maternity leave one week into the new term rather than start it at the beginning of the holidays. Similarly, end maternity leave just before the start of the holidays, so she is back on full pay when the holidays start.

sweetilemon

If she works term time and her pay is split over the year I imagine she might get something like 190 days pay plus 32days holiday pay a year split into equal payments with set school holidays (just because she is off 14 weeks a year, it's not 14week's holiday pay, salary is just split to pay over the year). So if she took the full years maternity she would get her year plus 32days holiday. If she takes less maternity, she'll get less holidays. I took mine at the end of my leave but it's up to the employer. Then my pay is back to regular payments and if holiday falls in that time then that's fine. Does this make sense?

maman

brettcta wrote: »

Hello all. First off, apologies if this is in the wrong area - I had looked to post it in the CAB section before realising it's now closed for new business.

I'm just after some advice - my wife's a teaching assistant for our local authority and our first wean is due end of september. We have a few questions that we've posed to her HR department and have been stonewalled with answers that suggest they don't know what they're doing.

Essentially, as she works in a school she cannot book holiday leave and, as such, they are factored into her monthly pay. When she starts on SMP, what happens to these holidays? Is the pay lost or can she claim the pay on top of her SMP?

I'm surprised to hear that. Most local authorities have good HR departments. IIRC mine has a booklet especially for school staff. I'd pursue it until you get answers (in writing) and get your wife to enlist the help of the office staff and headteacher at her school. Does she belong to a union? If so that would be a good source of information and support too.

jackieblack

silvercar wrote: »

She could use the fixed holiday restrictions to her advantage eg start her maternity leave one week into the new term rather than start it at the beginning of the holidays. Similarly, end maternity leave just before the start of the holidays, so she is back on full pay when the holidays start.

There's no advantage to that if you're on a term time only contract