Eligibility for Maternity Leave

In England, all education staff who are pregnant are entitled to maternity leave, regardless of their length of service or contract type. This includes permanent, temporary, and supply teachers, as well as support staff such as teaching assistants and administrative workers within schools.

Duration of Maternity Leave

Statutory Maternity Leave lasts for up to 52 weeks. This is divided into:

• Ordinary Maternity Leave (OML): The first 26 weeks.
• Additional Maternity Leave (AML): The following 26 weeks.

Employees can choose to take all or part of this leave but must take a minimum of two weeks off immediately after childbirth (or four weeks for factory workers).

Notification Requirements

To qualify for maternity leave, education staff must inform their employer about:

• Their pregnancy.
• The expected week of childbirth.
• The date they intend to start their maternity leave.

This notification should be given at least 15 weeks before the expected week of childbirth or as soon as reasonably practicable.

Maternity Pay

Maternity pay for education staff in England is typically structured as follows:

• Statutory Maternity Pay (SMP): Paid for up to 39 weeks. For the first 6 weeks, 90% of average weekly earnings is paid. For the remaining 33 weeks, a fixed rate set by the government or 90% of average weekly earnings (whichever is lower) is paid.
• Occupational Maternity Pay: Some education employers offer enhanced maternity pay as part of their employment contracts. This varies depending on the local authority or academy trust.

To qualify for SMP, staff must have been employed continuously for at least 26 weeks by the 15th week before the expected week of childbirth and earn above the lower earnings limit.

Returning to Work

Employees have the right to return to the same job after maternity leave. If this is not reasonably practicable, they should be offered a suitable alternative role on similar terms and conditions.

Flexible working requests can also be made to ease the transition back into the workplace, such as part-time hours or adjusted start times.

Additional Support and Resources

Many schools and local authorities offer support programs for expectant and new mothers, including counseling, health advice, and peer support groups. It’s advisable for education staff to check with their HR department or union representatives for specific benefits and guidance.

Conclusion

Maternity leave provisions for education staff in England provide vital protection and support during an important phase of life. Knowing your rights and entitlements ensures you can plan your leave with confidence and focus on your well-being and your new baby without work-related worries.

If you’re expecting a child and work in education, start by notifying your employer early and consult your HR department for detailed information tailored to your situation. Remember, maternity leave is your right, and taking full advantage of it benefits both you and your family.

Check out our Maternity Leave page for a helpful timeline.

Alternativley view the Government website to view more and the benefits calculator to see if you are entitled to any extra help.