BRACKNELL FOREST COUNCIL
MATERNITY PROVISIONS FOR TEACHERS - WITH
AT LEAST ONE YEAR’S CONTINUOUS LOCAL
GOVERNMENT SERVICE
Date Published
Version
Review Date
Maternity Provisions for Teachers over 1 years service
September 2012
V3
September 2017
BRACKNELL FOREST COUNCIL
CHILDREN, YOUNG PEOPLE AND LEARNING
MATERNITY PROVISIONS FOR TEACHERS – WITH AT LEAST ONE
YEAR’S CONTINUOUS LOCAL GOVERNMENT SERVICE
CONTENTS
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Who is Covered?
Definitions
Entitlements –
Maternity Leave and Maternity Pay
Health and Safety at Work –
 4a Risk Assessment
 4b Antenatal care
Notification of Pregnancy/Maternity Leave
Commencement of Maternity Leave
Communication During Maternity Leave
Keeping In Touch (KIT) days
Return to Work
Right to Request Part Time Working On Return from
Maternity Leave
Resignation
Other Contractual Entitlements
Pension
Deductions from Salary
Fertility Treatment
Page
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APPENDICES
Appendix
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Step by Step Notification Process
Maternity Leave Request Form
Maternity Provisions for Teachers over 1 years service
September 2015
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Who is Covered?
This policy outlines the maternity rights that apply to employed school teachers. It incorporates
statutory maternity rights as defined in the Work & Families Act 2006 and the Employment Rights
Act 1996 and the maternity provisions as set out in the burgundy book national agreement on
conditions of service for school teachers.
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Definitions
You may find the following definitions helpful:
Expected Week of Childbirth (EWC)
The week in which your baby is due is referred to as the Expected Week of Childbirth. This date
will have been calculated by a medical practitioner.
Qualifying Week (QW)
In order to qualify for Statutory Maternity Pay (SMP) you must have been employed continuously
for 26 weeks at the 15th week before your expected week of confinement (EWC). This is known as
the qualifying week.
Statutory Maternity Pay (SMP)
SMP is a weekly payment that you may be entitled to. Current SMP rates can be found at
www.directgov.gov.uk.
In order to qualify for SMP, you must have been employed continuously for 26 weeks at the 15th
week before their EWC and must earn more than the National Insurance lower earnings limit.
Maternity Allowance (MA)
If you do not qualify for SMP you may be entitled to Maternity Allowance which is a state benefit
paid by JobCentre Plus. The Payroll section will issue the SMP1 form to confirm your
circumstances upon your receipt of your MATB1.
MATB1
This is a certificate proving your pregnancy which you will obtain from your doctor/midwife at
approximately 20 weeks prior to your EWC.
OML
Ordinary Maternity Leave (26 weeks)
AML
Additional Maternity Leave (26 weeks)
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Your Entitlements
As a Teacher employed at a Bracknell Forest school you are entitled to:
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Paid time off for antenatal care
52 weeks Maternity Leave (made up of 26 weeks Ordinary Maternity Leave (OML),
including a minimum absence of 2 weeks following childbirth and 26 weeks Additional
Maternity Leave (AML)).
Up to 10 paid Keeping in Touch (KIT) days without loss of maternity benefits
Protection against unfair treatment dismissal
The right to request parental leave at the end of the maternity leave
The right to request flexible working upon returning to work Shared parental leave and pay,
if eligible (see Shared Parental Leave Policy)
As you are a Teacher employed at a Bracknell Forest school with at least 52 weeks
continuous service at the 15th week before your Expected Week of Chidbirth (EWC)
you are entitled to:
All of the above and the following maternity pay:
Maternity pay is paid for a 39 week period and is calculated as follows:
The 1st 4 weeks of absence (weeks 1 – 4)
Full pay – offset against payments made by the
way of SMP*
The next 2 weeks of absence (weeks 5 – 6)
90% of a weeks salary – offset against payments
made by the way of SMP*
The next 12 weeks of absence (weeks 7 – 18)
- Half pay (contractual Maternity Pay) plus
SMP* (should the combined payments exceed the
PLEASE NOTE - In order to qualify for half pay teacher’s normal full pay a deduction will be made
you must return for a minimum of 13 weeks. to adjust the payment to no more than the normal
Repayment of your half pay will be required if you full pay).
do not return to work for all of this period. If you
return on a part time basis you must return for a - Non return If you are undecided whether to
period which equates to 13 weeks of full time return to your post following maternity leave you
can opt to receive SMP only during this period so
service.
not to be have to repay any maternity pay
received.
SMP
The next 21 weeks of absence (weeks 19 – 39)
* See section 2 Definitions for qualification criteria for SMP. If you do not always pay
National Insurance contributions then contact Human Resources to check your eligibility to
receive SMP. If you do not qualify for SMP then you may be entitled to Maternity Allowance
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Health and Safety at Work
4a – Risk Assessment
If you feel that your duties and/or work environment may be detrimental to your health you must
initially discuss your concerns with your manager and you must also advise your
GP/Midwife/Specialist of your duties so that they can advise you and assess any risk. Any advice
given must be confirmed in writing by your GP/Midwife/Specialist.
If a risk is identified then protective/preventative measures must be taken. These can include a
variety of methods from altering the working conditions/hours of work to offering suitable alternative
employment.
If no suitable alternative employment is available then the employee has the right to be suspended
on full pay. If she refuses the offer of suitable alternative employment then she should be granted
unpaid leave.
More information on risk assessments for new and expectant mothers can be found on the Health
& Safety Executive website www.hse.gov.uk.
4b – Ante-Natal Care
All pregnant women have the right to paid time off to attend ante-natal appointments. Employees
must, if requested, produce evidence of their appointments and request time off in the normal way.
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Notification of Pregnancy/Maternity Leave
You have the following responsibilities in relation to the notification of your pregnancy and
commencement of maternity leave:
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To inform your manager/Headteacher of your pregnancy in order that any work related risks
can be fully assessed at the earliest.
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To give formal notification to your manager/Headteacher in writing as soon as possible but
no later than 15 weeks before your EWC that you intend to take maternity leave, using the
Maternity Leave Request Form at Appendix 2. This form should be completed and
returned to Human Resources with a copy to your manager.
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To provide 28 days notice if you wish to change your maternity leave start date from an
earlier notified date.
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To provide the original form MATB1 (the certificate issued by a doctor or midwife to confirm
the pregnancy) to Human Resources, Children, Young People and Learning.
Commencement of Maternity Leave
You may commence your maternity leave anytime from 11 weeks before your EWC and up to the
baby’s birth. Maternity leave starts automatically if you are absent due to childbirth or pregnancy
related illness in the 4 weeks before the expected week of confinement (pregnancy weeks 36 to
40).
There is a compulsory period of 2 weeks leave after the birth of your baby where return to work is
not possible.
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Communication during Maternity Leave
You have the following responsibilities whilst you are on maternity leave:
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To inform your manager/Headteacher and Human Resources of your baby’s birth date,
within 4 weeks of it taking place.
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To provide 21 days notice of your intention to return to work if this is earlier than the date
that was originally agreed.
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You and your manager/Headteacher should remain in contact during your maternity leave.
You are encouraged to discuss your intentions regarding your return to work with your
Headteacher sooner than the minimum requirements in order to help with staff planning.
Keeping in Touch (KIT) Days
Women can take up to ten keeping in touch days during their maternity leave when they can go
into work without ending their maternity leave or losing maternity pay. These days could be used
for catching up with what is going on in the school, for training or to work. The employer does not
have to offer these days nor does the employee have to accept them.
Each KIT day constitutes a day’s work and you will receive full pay for these days upon return to
work following maternity leave.
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Return to Work
You are entitled to return to the post in which you were employed under your original contract of
employment and on terms and conditions not less favourable than those which would have been
applicable if you had not been absent.
It is assumed that you will take your full AML (additional maternity leave) unless you notify your
manager/Headteacher to the contrary. If you wish to return to work early then you are required to
give 21 days notice in writing before the day on which you propose to return, giving the date of
your intended return.
If you do not give the required notice the school may delay your return for a period of up to 21
days.
Should you be unable to return to your post at the end of the AML period due to sickness the sick
pay scheme will apply.
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Right to Request Part Time Working on Return from Maternity Leave
There is a statutory right for eligible employees to request a change to their contract of
employment so that they can work more flexibly and therefore balance their childcare / dependent
care responsibilities with work commitments. There is no automatic right to return to work on
reduced hours.
For more information on this process please refer to the Carer’s Right to ask for Flexible Working
procedure.
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Resignation
If you decide whilst on maternity leave that you do not intend to return to work, the date you
communicate that decision in writing to the school will be treated as your leaving date.
Once you have returned to your post following a period of maternity leave, the normal resignation
notice periods apply.
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Other Contractual Benefits
Whilst you are on maternity leave, apart from the remuneration (ie normal pay) which is covered by
maternity pay, all other contractual rights remain as if you were not absent from work.
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Pension
For teachers who contribute to the Teachers’ Pension Scheme deductions will be made as normal
during the paid period of maternity leave. During any period of unpaid maternity leave the
contributions will cease and that period will not count as pensionable service.
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Deductions from Salary
If you have regular monthly deductions from your pay such as payments for car loan or childcare
vouchers please contact Human Resources to discuss the arrangements for payment during
periods of nil pay.
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Fertility Treatment
Reasonable time off should be given for those undergoing fertility treatment. Contact Human
Resources for further advice.
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September 2015
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Step by Step Notification Process
Appendix 1
Step One
Employee Advises Headteacher/Manager of Pregnancy (As soon as possible once
she is aware of her pregnancy)
(This is left at the discretion of the employee, however it is in her interest to do this as soon as possible so
that a risk assessment can be undertaken.)
Step Two
Employee Formally Requests Maternity Leave
(15 weeks before the Expected Week of Confinement)
Using Maternity Leave Request Form and returns to Human Resources, with a copy to the
Headteacher/Manager. Employee submits MATB1 to Human Resources.
Step Three
HR Write to the Employee
(Within 4 weeks of receipt of maternity leave request form)
Human Resources confirms to the employee in writing her leave and pay entitlement and her expected date
of return. Human Resources inform Payroll.
Step Four
If Employee Wishes to Change Start Date
(Minimum 4 weeks before start of maternity leave)
If she wishes to change her maternity leave start date, the employee must notify the Headteacher/Manager
and Human Resources in writing providing 28 days notice.
Step Five
Employee Notifies HR of Actual Birth Date
(Within 4 weeks of the baby’s birth)
The employee notifies the Headteacher/Manager and HR in writing of the actual birth date, using the form at
Appendix 4
Step Six
Employee Advises Manager of Early Return
(21 days before intended return)
If she wishes to return to work earlier than the agreed date, the employee must notify the
Headteacher/Manager in writing. Failure to give appropriate notice may result in the return being delayed.
Step Seven
Return to Work Interview with Headteacher/Manager (On Return Date)
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Maternity Leave Request Form
Appendix 2
Employee Details
Employee
Headteacher/Manager
Name: ……………………………….....
Name: ……………………………………...
Payroll No: ……………………………
School: …………………………………..
School: ………………………….........
Tel: …………………………………………
Tel: ……………………………………..
Pregnancy Details
My baby is due on:
………../…………/………… (dd/ mm/ yy)
I would like to start my maternity leave on:
………../…………/………… (dd/ mm/ yy)
Maternity certificate (MATB1) enclosed:
Yes / No*
*if not, please forward as soon as possible
It is my current intention to return to work after maternity leave Yes/No* (*delete as appropriate)
It is my current intention to return to work on …….../…………/………… (dd/ mm/ yy)
Maternity Pay Details
Contractual Maternity Pay (CMP) represents additional payments of 12 weeks half pay. It is dependent on the
employee returning to work for a minimum period of 13 weeks (pro rata for part time) following maternity leave.
If eligible for Contractual Maternity Pay, please select one of the following options:
I intend to return to work after my maternity leave, and I would like CMP to be paid monthly,
as half pay, over weeks 7 – 18. I understand if I do not return to my post for a minimum of
13 weeks (pro-rata for part time) then I will be required to repay the sum equating to 12
weeks at half pay
I cannot commit at this stage, and I prefer for the payment to be made as a lump sum upon
my return to work.
Signed: …………………………………. Date: …...……/…….……/…….… (dd/ mm/ yy)
Please sign to confirm this information is correct, and return to HR, with your MATB1 form, if
available. If not available, please remember to send it separately as soon as possible.
FOR HUMAN RESOURCES USE ONLY
Form received: ………../…………/………… (dd/ mm/ yy)
Details checked: Yes / No
Continuous Service Date: ………../…………/………… (dd/ mm/ yy)
Confirmation sent to employee: ………../…………/………… (dd/ mm/ yy)
Confirmation sent to payroll: ………../…………/………… (dd/ mm/ yy)
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