You’ll have seen from our overview of the source of your maternity rights, that the Burgundy Book maternity scheme applies automatically to teachers in local authority schools. It also applies in many academies and some independent schools. You will have retained your maternity rights under the Burgundy Book if you transferred under TUPE from a local authority school to an academy. Be aware that an academy trust might not count your continuous service in a local authority school if you move to an academy voluntarily, so you might need to plan your pregnancy or career moves carefully to protect your maternity pay entitlements.
Note that your local NEU might have negotiated the adoption of the NEU model maternity leave and pay policy or have campaigned for other enhanced maternity benefits that are better than the Burgundy Book scheme; your NEU branch or your rep should be able to direct you to the maternity scheme that applies to you.
Your rights
Maternity pay under the burgundy book
To receive full Burgundy Book maternity pay you must meet the continuous employment condition, make a declaration, notify your employer of your maternity plans and return to work.
Qualifying continuous service
Your entitlement to occupational maternity pay under the Burgundy Book maternity scheme depends on your continuous service. You must have “completed not less than one year’s continuous service as a teacher with one or more local authorities at the beginning of the 11th week before the EWC”.
Some employers will count service in a support staff role, but most employers will only count your continuous service as a teacher.
You must have worked continuously as a teacher for at least one year by the beginning of the 11th week before your expected week of childbirth (EWC). Your continuous service is not affected by the number of hours you work per week. You must have been employed at least part of every week in the relevant year.
You must have worked “with one or more local authorities”, including previous employment in other community and voluntary-controlled schools in the same or other local authorities where there has not been a break in employment. Most employers in the local authority sector also count employment in voluntary-aided and foundation schools in other local authorities for the purposes of qualifying for the Burgundy Book maternity scheme.
Notifying your employer of your maternity plans
To receive maternity pay under the Burgundy Book scheme, by the beginning of the 14th week before your EWC you must notify your employer that you wish to be absent on maternity leave, declare in writing your intention to return to work after your leave, and provide a copy of your MATB1. You are entitled to give notice of your chosen maternity leave start date 21 days before you wish to begin your absence, though most teachers give notice of at least 28 days in line with the statutory requirement which gives employers more time to arrange maternity cover. If it is not reasonably practicable for you to meet these deadlines, you should give as much notice as is reasonably practicable.
The statutory and occupational maternity schemes provide that notification should be given to the employer; in schools and colleges it is normal for notices to be given to the head teacher or principal. You can make use of our sample letter to notify your employer of your plans.
Requirement to return to work for 13 weeks
It is important to note that a condition of entitlement to full maternity pay under the Burgundy Book scheme is that you must return to work after your maternity leave for a period of at least 13 weeks. This period includes school holidays, and we argue that most other absences count towards the 13 weeks.
If you were working full-time prior to maternity leave, you are required to return for the equivalent of 13 weeks’ full-time service. If you were working part- time prior to maternity leave, you are required to return for the equivalent of 13 weeks’ service on that part-time basis. Where you move to part-time work, or part-time work on a different basis, following your return, you are required to return for the equivalent of these periods on your new part-time basis.
If you do not return for 13 weeks, you are entitled to retain the first six weeks of your maternity pay and any SMP or MA. Your employer is entitled to reclaim the 12 weeks’ occupational maternity pay that you received at half pay.
Employers have discretion to reduce or cancel the requirement to repay maternity pay. The NEU’s view is that teachers who are unable to return for 13 weeks for a reason that is in the hands of their employers, for example the expiry of fixed-term contract or refusing a flexible working request, should not be expected to repay maternity pay. Some local authorities have a policy of not reclaiming maternity pay if teachers return to work at another school after obtaining new posts while on maternity leave. The NEU believes that returning to work on this basis should be regarded by the current employer as sufficient to comply with this condition.
We recommend that you contact AdviceLine, armed with a copy of your maternity scheme, if you have any questions about calculating your 13 weeks.
Your earnings
There is no minimum earnings qualification for maternity pay under the Burgundy Book. Your maternity pay under the scheme is based on your earnings under your current contract of employment. If there are significant variations in your salary, your maternity pay will be based on your average salary over the 12 weeks preceding the start of your absence.
On the day you start your maternity leave your normal salary ceases and your maternity pay begins, irrespective of whether it is a school holiday.
If you fall pregnant again during your maternity leave, you might not qualify for SMP but your occupational maternity pay under the Burgundy Book will be based on your usual earnings under your contract of employment.
Tax, national insurance and pension
Occupational maternity pay is treated as earnings and you will pay tax, NI and pension contributions as appropriate.
While you are on maternity leave and receiving maternity pay, both you and your local authority continue to make contributions to the Teachers’ Pension Scheme, albeit at a lower rate, which will not reduce your service for pension purposes.
Thinking of resigning?
You should seek advice and support if you are considering resigning from your position. In many cases, there are alternative options that could be pursued to enable you to remain in your post.
If you have declared your intention to return to work after your maternity leave but are not willing or able to, you may be required to repay part of your enhanced maternity pay.
If you decide not to return to work, you will need to give notice of your intention to resign your post. You can find more information on notice periods for teachers on the NEU website.
Qualifying for occupational and statutory maternity pay
For the purposes of assessing entitlement to maternity pay, teachers can be placed into one of four categories based on your continuous service.
Category 1: Teachers with at least 26 weeks’ continuous employment with their current employer and at least one year’s continuous service with one or more local authorities
If you have completed at least 26 weeks’ continuous employment with your current employer by the end of the 15th week before the EWC 6, you will be entitled to claim SMP. If you have completed at least one year’s continuous service as a teacher with one or more local authorities by the beginning of the 11th week before your EWC, you will also benefit from the full entitlements under the Burgundy Book scheme.
Eligible teachers will be entitled to the following benefits:
Weeks 1-4 4 weeks 100% pay, inclusive of SMP
Weeks 5-6 2 weeks 90% pay, inclusive of SMP
Weeks 7-18 12 weeks 50% pay, plus SMP (not exceeding full pay)
Weeks 19-39 21 weeks SMP
Category 2: Teachers with less than 26 weeks’ continuous employment with their current employer but at least one year’s continuous service with one or more local authorities
If you have completed less than 26 weeks’ continuous employment with your current employer, you will not be entitled to SMP, although you may be entitled to MA depending on your recent NI contributions in other employment. If you have completed at least one year’s continuous service as a teacher with one or more local authorities by the qualifying date8, you will be entitled to the full benefits of the Burgundy Book scheme.
Eligible teachers will be entitled to the following benefits:
Weeks 1-4 4 weeks 100% pay, inclusive of MA if eligible
Weeks 5-6 2 weeks 90% pay, inclusive of MA if eligible
Weeks 7-18 12 weeks 50% pay, plus MA (not exceeding full pay) if eligible
Weeks 19-39 21 weeks MA if eligible
Weeks 40-52 13 weeks unpaid
Category 3: Teachers with at least 26 weeks’ continuous employment with their current employer but less than one year’s continuous service with one or more local authorities
If you have, by the qualifying date completed at least 26 weeks’ continuous employment with your current employer but have less than one year’s continuous service as a teacher by the relevant date with one or more local authorities, including your current employer, you will be able to claim SMP, but you will not qualify for the Burgundy Book entitlements.
Eligible teachers will be entitled to the following benefits:
Weeks 1-6 6 weeks SMP equal to 90% of pay
Weeks 7-39 33 weeks SMP
Weeks 40-52 13 weeks unpaid
You will be entitled to SMP for 39 weeks.
Category 4: Teachers with less than 26 weeks’ continuous employment with the current employer and less than one year’s continuous employment with one or more local authorities
If you have, by the qualifying date completed less than 26 weeks’ continuous employment with your current employer and have less than one year’s continuous service as a teacher by the relevant date with one or more local authorities, you will not be eligible for SMP or the Burgundy Book entitlements. You may be entitled to MA.
Eligible teachers will be entitled to the following benefits:
Weeks 1-39 39 weeks MA if eligible
Weeks 40-52 13 weeks unpaid
Your actions
❱ Follow the steps in the NEU Maternity leave and pay checklist for pregnant women.
