No candidate can claim victory before votes are counted. Maternity leave is provided to ensure that mothers can stay off work in order to look after a young baby. School leaders will therefore need to be cognisant of this information and share and discuss this with pregnant teachers as part of an ongoing risk assessment, including being flexible with how those members of staff are deployed. There are rules on when and how to claim your paid leave and if you want to change your dates. Statutory Maternity Pay (SMP) The normal rules apply during the COVID-19 pandemic for eligible teachers. All pregnant employees are entitled to 52 weeks’ statutory maternity leave (comprising 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave) regardless of length of service, hours worked or size of employer. The Scotland National Centre serves NASUWT members working in Scotland. Paternity Leave … If you become pregnant again during your maternity leave, then a second period of maternity leave will begin immediately, without you returning to work. the 15th week before the Expected Week of Childbirth); All NASUWT members also receive Teaching Today, the Union’s magazine, three times a year, where they can find articles, features and opinion on a range of education and professional matters. You must co-operate with your agency and the end user where you are working, including by providing them with any information which may necessitate the provision of a risk assessment before you undertake an assignment with a school, including if you are pregnant or breastfeeding. The NASUWT continues to support members when they are absent from work for parental leave. the 15th week before the Expected Week of Childbirth); have given the employer at least 28 days’ notice (or, if that is not reasonably practicable, as much notice as is reasonably practicable) of the date you intend to start your Statutory Maternity Pay; have given your employer proof that you are pregnant; have worked for your employer continuously for at least 26 weeks up to the ‘qualifying week’; are still pregnant 11 weeks before the start of the Expected Week of Childbirth; have ceased work (i.e. HULL NASUWT C:\Documents and Settings\NASUWT\Desktop\Maternity Pay.doc Eligibility for occupational and statutory maternity pay. You are entitled to receive up to 39 weeks’ SMP followed immediately by 13 weeks’ unpaid maternity leave. You are entitled to receive up to 39 weeks’ SMP followed immediately by 13 weeks’ unpaid maternity leave. This should be provided to you by the agency in enough time to fully familiarise yourself with the situation with that employer. Get a Discount, To use this feature you need to be logged in, please login now to continue, The Wales/Cymru National Centre serves NASUWT members working in Wales. Your employer cannot use the current situation with the pandemic to refuse your request. If you are not eligible for Universal Credit, you may be able to get a reduction in your council tax. The Northern Ireland National Centre serves NASUWT members working in Northern Ireland. It enhances the statutory maternity scheme for teachers who have one year’s continuous service at the beginning of the 11th week before the Expected Week of Childbirth (EWC). Finally had my letter about maternity leave. Greenwood Close Maternity plus Health and Safety risk assessment Maternity plus Health and Safety Risk As[...] Adobe Acrobat document [68.1 KB] Maternity Booklet maternity booklet.pdf Adobe … The umbrella company would therefore have the responsibility for your health and safety and for taking steps to address this as you are their employee. The risk assessment must be produced and any options fully discussed with you in advance of any return to work and should be kept under review throughout your pregnancy/period of breastfeeding and as Government advice and guidance changes. are employed in the ‘Qualifying Week’ (i.e. However, you should still apply for Universal Credit as you may be entitled to help with paying your rent, for example. Greenwood Close This needs to change. This may include, but is not limited to: These measures should be factored into any risk assessment undertaken by your employer, given that there are specific duties to those with protected characteristics under the Equality Act, such as expectant mothers. Does this sound right? INTRODUCTION 5 2. in the password field to request a password verification link. NASUWT Cardiff Gate Business Park Even if you have not been with a school for the 12-week qualifying period, it is still discrimination if your agency refuses to place you in a job or terminates an assignment because you are pregnant or are breastfeeding or have given birth in the last six months. Pregnancy should be a positive and exciting time. You should send in payslips with your highest earnings. commenced maternity leave); earn at least the Lower Earning Limit for National Insurance purposes, which is £120 a week (gross as at April 2020) in an eight-week ‘relevant period’. These are optional and need to be agreed by you and your employer. The Covid-19 pandemic has had a number of impacts on pregnant and breastfeeding mothers, including increased financial hardship. This applies equally if you are supplied via an umbrella company, as they are legally your employer. Payments can start 11 weeks before your baby is due. COVID-19 GOVERNMENT PLANS FOR THE OPENING OF SCHOOLS. Around the Associations A-M; Around the Associations N-Z; Action Short of Strike Action; Workload and Marking; Current Support Messages; Previous Support Messages; Govt … During the pandemic, existing regulations continue to apply. This should therefore form an essential part of any risk assessment that is conducted and discussed with you before you return to work. Publications . suspending you on full pay (if there is no suitable alternative work). The Coronavirus Restrictions Regulations 2020 state that Covid-19 is a serious and imminent danger to public health. To qualify for maternity rights, you must: Once you have notified your employer of your pregnancy, your employer must then write to you within 28 days, confirming the date you have agreed to return after your maternity leave. The NASUWT produces a separate guidance manual which deals with the induction period for newly qualified teachers. (You will need to log in so we can provide personalised information for you. They should not suffer detrimental treatment under the furlough arrangements that their agency and/or umbrella company has in place during the current pandemic. 15 weeks before the Expected Week of Childbirth); these are usually issued after you have been pregnant for 21 weeks. For example, if you claim for Universal Credit, it could lead to other benefits coming to an end, such as Housing Benefit, and you cannot go back onto these benefits. The team is available from 8am to 6.30pm Monday to Friday. be suspended on full pay if a suitable alternative assignment is not available. Your employer should, as required by law, produce an individual risk assessment for you if you are pregnant or a new mother, including clear plans which demonstrate that there will be compliance at all times with the measures identified to manage the risk. If your workplace has closed and staff have been placed on furlough, you can remain on furlough until your maternity leave starts. This is the official page of the NASUWT - The Teachers' Union. Supply teachers working through an agency or umbrella company who are pregnant or are breastfeeding mothers are entitled to the same provisions as permanent employees when they are on a placement with a school (referred to as the ‘end user’ or ‘client’ in legislation), as the school must ensure the safety of its temporary workers in the same way it does that of its own employees. Further assessments should be undertaken if your job or working environment changes in any way. Advice and guidance from the Government classes those who are pregnant in the list of people who are vulnerable, meaning that they may be at higher risk of severe illness from Covid-19. NASUWT members at the 135th Durham Miners Gala, led by the NASUWT Riverside Band. It is unlawful sex discrimination for your employer to treat you less favourably because you are pregnant or because you have taken maternity leave. The tribunal held that, although Ms Ure had stated in evidence that she had not returned to work after maternity leave because her maternity pay had been discontinued (in fact, the company was entitled to discontinue the payments), her employer had committed a number of repudiatory acts which entitled her to resign and claim constructive dismissal. The Union has produced this advice and guidance to ensure that members who are pregnant or on maternity leave are aware of their rights and entitlements and are supported during this time. For those in England and Wales, you may be able to apply to your local authority for a discretionary reduction in your council tax bill. That’s how democracy works. Letter to Government …Future Reopening Of Schools. The NASUWT is committed to supporting you throughout this time, ensuring that you receive the advice you need about what pregnancy will mean for your job. NASUWT offers comprehensive advice on shared parental leave. This includes identifying and assessing risks to health and safety and steps to reduce or eliminate these risks. For example, your employer cannot change your terms and conditions of employment whilst you are pregnant or whilst you are on maternity leave without your agreement. Sickness absence during your pregnancy, whether connected with your pregnancy or not, should be treated as ordinary absence on sick leave. The National Centre is open Mondays to Fridays from 8.30am to 5.30pm. We detected you haven’t selected to personalise the site. The advice and guidance from the Government is clear that parents on statutory maternity leave who return to work in the coming months will be eligible for the extended furlough scheme running until March 2021. The Northern Ireland National Centre serves NASUWT members working in Northern Ireland. ), © 2020 NASUWT all rights reserved. The latest date maternity leave can commence is the date you give birth. If this is the first time you've logged in, you can click on Forgotten? The NASUWT is affiliated to Maternity Action and is supporting their campaign for rights for breastfeeding mothers. This applies to Covid-19 in the same way it would to any other hazard. Furthermore, the DfE advice refers to guidance published by the Royal College of Obstetrics and Gynaecology (RCOG) and advises employers and pregnant women to follow and monitor this advice in respect to women from 28 weeks’ gestation or with underlying health conditions. You are still able to change the start date of your maternity leave, provided you give at least 28 days’ notice before the original date and the new date or as much notice as you reasonably can. As such, if you have to leave your work or take other action because of a serious or imminent risk to your health and safety (e.g. Your employer cannot change your terms and conditions of employment whilst you are pregnant or whilst you are on maternity leave without your agreement. Whilst some restrictions are being eased, those who are pregnant should still take care to minimise contact with others from outside their household and you should only return to the workplace if it has been demonstrated that it is safe to do so. Further details can be found at: To use this feature you need to be logged in, please login now to continue, The Wales/Cymru National Centre serves NASUWT members working in Wales. NASUWT members in England can get support, advice and information on employment-related issues by contacting the Member Support Advice Team. A new NASUWT booklet on Maternity Leave will be available in due course. You are entitled to a copy of the policy. Clare Lyonette, Gaby Atfield, Sally-Anne Barnes and David Owen . The new Shared Parental Leave reforms allow mothers to share maternity leave with dads and partners from two weeks after the birth. All workers and employees who are paid through PAYE, with tax and National Insurance deducted at source, are entitled to SMP if they meet the normal qualifying conditions. Statutory maternity pay - SMP Occupational scheme (Burgundy Book) Qualifying employment Only continuous service with current and associated employer (i.e. Local authorities have the ability to assist in cases of financial hardship, including those brought about by loss of work or if you are unable to work in the late stages of pregnancy or after childbirth. Whilst advice from the Department for Education (DfE) advises that those staff in the most at risk categories, such as pregnant teachers who are clinically vulnerable, can continue to attend school, it still places an expectation on employers to conduct a risk assessment for pregnant women in line with the Management of Health and Safety at Work Regulations 1999 (MHSW). Your maternity leave may commence no earlier than the 11th week before the Expected Week of Childbirth. NASUWT members in England can get support, advice and information on employment-related issues by contacting the Member Support Advice Team. If you are pregnant or a new mother and have worked for the same school (‘end user’ or ‘client’) in the same role for a 12-week qualifying period, you are also entitled to: If you are an employee of the agency or the umbrella company, you will be entitled to these rights from day one of any assignment. During your maternity leave, you can have the option to work up to ten ‘Keeping in Touch’ (KIT) days. The NASUWT is aware that there are a significant number of members who are pregnant or on maternity leave who will be concerned about whether it is safe for them to return to the workplace from September 2020, given the situation with the Covid-19 pandemic. NASUWT Ben Madigan House Edgewater Office Park Edgewater Road Belfast BT3 9JQ Tel: 028 9078 4480 Email: rc-nireland@mail.nasuwt.org.uk The Northern Ireland National Centre is open Mondays to Fridays from 8.30am to 5.30pm. If you wish to return to work on the agreed date, then no notice is required. Schools as end clients or hirers may also be seen to discriminate if they refuse to hire you because you are pregnant or breastfeeding or if they refuse to let you return following your maternity leave. The NASUWT decision came the day after the SSTA union also backed possible strike action. You may decide to make a request for flexible working and this should be treated in the same way as normal. It is a return to school special, focusing on advice and guidance on safety, the impact of Covid-19 on teaching and the curriculum, welfare for vulnerable members and the measures you should expect to see in place when you return to your workplace. Cardiff Despite the pandemic and the situation with schools, the Union believes that many teachers benefit from these days and now, more than ever, those on maternity leave would benefit from discussing the proposals regarding their working arrangements and the plans the employer has for the academic year 2020/21. It is also a time when information and support is needed and questions may arise. Throughout the process, it is important that you inform your employer of the fact that you are pregnant or breastfeeding and that you expect the school to support you in your request for an individual risk assessment. We also have more information on our website. If you have been put on furlough, your employer is still obliged to pay your SMP at the full rate rather than 80% of normal pay. Further information is available on our Northern Ireland Maternity, Paternity and Adoption Leave page (linked right/below). The Northern Ireland National Centre serves NASUWT members working in Northern Ireland. These enhanced maternity provisions apply to teachers working in local authority-maintained schools and those who have transferred (under TUPE) to an academy. Shared Parental Leave. maternity/adoption leave and may get maternity/adoption pay or statutory paternity leave and pay. You are entitled to 52 weeks’ Statutory Maternity Leave, made up of 26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave. During your maternity leave, your employer has the right to make reasonable contact with you, but this should not be excessive or intrusive. Maternity leave and pay can be shared with your partner if you choose to end your maternity leave and give notice to your employer that you intend to do so. The meetings were initially to discuss pay and workforce issues but developed into a … There is a joint responsibility between the provider (i.e. In England, the Department for Education has published guidance for maintained schools, academies and local authorities regarding pay progression and teachers on maternity leave. However, if your employer reverses the pay cut during any period up to the end of your maternity leave, this should be treated as a pay rise and your employer must recalculate your average earnings to take account of the pay rise and pay you any extra for the first six weeks of your SMP. You can claim Maternity Allowance after the 26th week of pregnancy. Your employer may have a maternity policy which is better than the statutory entitlements. The Conditions of Service for School Teachers in England and Wales (Burgundy Book, see link right/below) sets out national conditions of service for school teachers in England and Wales and is an essential reference for all maintained schools, as well as non-maintained schools that choose to incorporate this agreement into their teachers' contracts of employment. Similarly, your employer cannot ask you to cut short your maternity leave unless you are happy to do so. Tel: 029 2054 6080 You should be given a copy of the risk assessment. If you are claiming MA, it will reduce your Universal Credit award pound for pound, as MA is counted as income. The NASUWT offers discounted subscription fees for members who are on maternity/adoption leave. The Union is aware that there are a number of benefits which pregnant and breastfeeding mothers may be able to access to assist them during the pandemic, including: This can be claimed in addition to SMP or SSP and will be partially disregarded when you claim Universal Credit. Glossary of Terms A - C; Glossary of Terms C - M; Glossary of Terms M - R; Glossary of Terms R - W; FAQ A-M; FAQ M-Z; News . Email: rc-wales-cymru@mail.nasuwt.org.uk Further information is available on our Scotland Maternity, Paternity and Adoption Leave page (linked right/below). This guidance provides you with key information about your rights at work while you are pregnant. This may involve working from home if your employer is not able to demonstrate that the risks are removed or mitigated satisfactorily. (a)  All employees are entitled to 26 weeks’ ordinary maternity leave followed by 26 weeks’ additional maternity leave, giving a total of 52 weeks’ continuous leave ‘the maternity leave period’. The same is true if you are accessing SSP. Your employer should also keep you informed of any changes, including job opportunities or planned redundancies. However, SSP is below the earnings threshold for SMP, so this may affect your average earnings. The new edition of Teaching Today, NASUWT's member magazine, is now available online. This could include situations arising from the Covid-19 pandemic. Important Update. Whilst your agency and the school have responsibilities in regard to your health and safety, you also have a duty to take reasonable care for your own health and safety, particularly during the Covid-19 pandemic. If you need to send in payslips covering the period when you were on furlough, you should let the Maternity Allowance Claims Department know, so that they can use your normal earnings. Reduce your anxieties about your time off having a baby by reading NASUWT's advice on maternity leave and pay. To qualify for Statutory Maternity Pay (SMP) women must have 26 continuous weeks of employment with the same employer by the fifteenth week before the EWC. FOI and EIR requests - Teacher and support staff maternity pay scheme. Even if you are unable to register the birth of your child due to the situation in respect of Covid-19, you can still claim Child Benefit. If you have taken Additional Maternity Leave, then you have the right to return to a job that is not significantly different, but it may not be the same. Your employer must pay your maternity pay if you are eligible, even if your workplace is closing and you may be at risk of redundancy due to the current pandemic. Let our election officials do their job to ensure every vote is accurately & securely counted before declaring a winner. Email: nasuwt@mail.nasuwt.org.uk. Members requiring professional support out of hours should contact their Local Association Secretary or National Executive Member. in the password field to request a password verification link. NASUWT, Rose Hill, Rednal, Birmingham B45 8RS During your pregnancy, your employer is required to carry out an initial risk assessment of your job and working environment, examining any risks that might affect you or your unborn child. You should return to the same job if you took Ordinary Maternity Leave. Before coming into work on a Keeping in Touch day, you should agree with your employer the type of work you will be undertaking and how much you will be paid. The normal rules apply during the Covid-19 pandemic for eligible teachers. Your employer has a specific duty to protect your health and safety for six months after the birth and for as long as you are breastfeeding. NASUWT NASUWT offers comprehensive advice on shared parental leave. If you are on Statutory Sick Pay (SSP) or on furlough, this still counts as continuous service for the purposes of qualifying for SMP. However, if you take sick leave for pregnancy-related reasons in the last four weeks before the expected week of childbirth, your employer can require you to start your maternity leave early. If your employer refuses to undertake a risk assessment and/or provide you with suitable alternative work, then you should contact the NASUWT for advice and support. All employees are entitled to ordinary maternity leave of 26 weeks duration. The team is available from 8am to 6.30pm Monday to Friday. NASUWT, Rose Hill, Rednal, Birmingham B45 8RS In Northern Ireland, there is a maternity policy that covers every Grant Aided School (TNC 2015/2). If you become pregnant again during your maternity leave, a second period of maternity leave will begin immediately, without you returning to work. It includes a two-year pay freeze, cuts to maternity pay and much reduced pay for temporary or supply staff. You are entitled to receive up to 39 weeks’ Statutory Maternity Pay during your maternity leave followed immediately by up to 13 weeks’ unpaid maternity leave if you: nare employed in the ‘Qualifying Week’ (i.e. If you wish to return to work on the agreed date, then no notice is required. You are entitled to receive up to 39 weeks’ Statutory Maternity Pay during your maternity leave followed immediately by up to 13 weeks’ unpaid maternity leave if you: Maternity Allowance is usually paid if you do not qualify for Statutory Maternity Pay. If you are still working and have agreed a pay cut, this could affect the calculation of your SMP if your wages are reduced in the period used to calculate your SMP. 448 talking about this. If any risks are identified as part of the assessment, ‘reasonable adjustments’ should be made. If you do take this option, contact the adviceline on 0345 811 8111 (lines are open from 9am to 7pm) for support as to whether there is any legal claim given your employer’s refusal to suspend you. You should also be eligible if you work in an academy which has a contract specifying the Burgundy Book. Northern Ireland Maternity, Paternity and Adoption Leave, Scotland Maternity, Paternity and Adoption Leave, Implementing Your School’s Approach to Pay, Maternity, Paternity and Adoption Leave (Northern Ireland), Maternity, Paternity and Adoption Leave (Scotland), Pregnancy and Maternity Leave Guide 2019 (England), Pregnancy and Maternity Leave Guide 2019 (Northern Ireland), Pregnancy and Maternity Leave Guide 2019 (Scotland), Pregnancy and Maternity Leave Guide 2019 (Wales, English), Pregnancy and Maternity Leave Guide 2019 (Wales, Welsh), Conditions of Service for School Teachers in England and Wales (Burgundy Book), Local Association Secretary or National Executive Member, Directorate of Children and Young People for Ministry of Defence Schools. NASUWT … If closing hospitality keeps the R rate below 1 it must happen. If you are on Statutory Sick Pay (SSP) or on furlough, this still counts as continuous service for the purposes of qualifying for SMP. 360 talking about this. 420 talking about this. If the risk assessment indicates that you are better placed working from home, this should not trigger or impact on your maternity leave and when you wish to take it, although a pregnancy-related reason in the last four weeks of your pregnancy could include a medical suspension related to Covid-19 following a risk assessment. What's happening about...? Supply teachers working through an agency or umbrella company who are pregnant are entitled to the same provisions and protections depending on their eligibility. Pregnant or breastfeeding mothers who are supply teachers may have been subject to furlough under the CJRS. If you are applying for MA, you must send in payslips covering a 13-week period in the 66 weeks before your baby is due. They should not suffer detrimental treatment under the furlough arrangements that their agency and/or umbrella company has in place during the current pandemic. You should return to the same job if you took Ordinary Maternity Leave. Further information can be found on our Flexible Working web page. In addition, you cannot be denied pay progression because of pregnancy or maternity leave, including if you are remote learning/working from home as a consequence of a risk assessment undertaken by the employer. If you have been put on furlough, your employer is still obliged to pay your MA at the full rate rather than 80% of normal pay, and any period of furlough still counts as continuous service for the purposes of qualifying for MA. You must give at least 21 days’ notice to take parental leave. If other teachers are currently working from home due to the pandemic, your employer must take steps to ensure that you can work from home as well when your maternity leave ends. a student has suspected coronavirus symptoms), you are protected against dismissal or detrimental treatment such as loss of pay or disciplinary action. In addition, the government has said it will introduce statutory flexible parental pay for parents who meet the qualifying criteria that will replace additional statutory paternity pay. ), © 2020 NASUWT all rights reserved. Your rights to maternity leave and maternity pay are not affected by Keeping in Touch days. You must take at least two weeks’ maternity leave following the day of childbirth. Any KIT days should be discussed with your employer prior to them being agreed, including the logistics of how this would take place and any associated risk assessments in place if this cannot be done remotely, as well as the type of work you will be undertaking. AUTHORS . The same provisions and protections apply to pregnant or breastfeeding mothers working in the independent sector, including those who may have been subject to furlough under the CJRS. This guidance has been developed to provide you with the essential information you need about your rights at work, during this time with comprehensive advice for teachers on paternity leave. Situation with the pandemic, existing regulations for maternity leave following the day of Childbirth are teachers! Password to log in so we can provide personalised information for you about your rights to maternity and! It must happen of normal pay for temporary or supply staff your request the! Way it would to any other hazard is important to check your situation carefully before you return to the way! Which has a contract specifying the Burgundy Book ) Qualifying employment only service... Other supply teachers to teachers working in local authority-maintained schools and those have! 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