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The Green Book maternity scheme for support staff

The Green Book maternity scheme for support staff outlines the contractual maternity rights in the Green Book maternity scheme. Under the scheme, qualifying support staff have access to 18 weeks of enhanced occupational maternity pay above the basic right to statutory maternity pay (SMP) or maternity allowance (MA).

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Your contract will say if you are on Green Book terms and conditions – this is the case for most support staff in local authority-maintained schools. If you were employed in a maintained school and transferred under TUPE to an academy when it changed status – you retain your previous contractual rights, including your maternity rights, under the Green Book. 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.

Be aware that local NEU members might have negotiated the adoption of the NEU model maternity leave and pay policy for all staff or they might have campaigned for other enhanced maternity benefits for support staff that are better than the Green 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 Green Book

To receive full Green 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

To qualify for contractual maternity pay under the Green Book Maternity Scheme, you must have completed a minimum of one year’s continuous local government service at the beginning of the 11th week before your expected week of childbirth (EWC).

You can count earlier employment towards your qualifying year if you have had a break in your service for maternity reasons, or reasons concerned with caring for children or other dependants provided that the break in service does not exceed eight years or involve permanent paid full-time employment.

In some circumstances you can also count previous continuous service where you have returned to local government employment after a TUPE transfer. We recommend that you seek advice if either of these circumstances applies to you so that you do not lose out on your contractual rights.

Notifying your employer of your maternity plans

To receive maternity pay under the Green Book maternity scheme, you are required to notify your employer at least 28 days before your absence begins, or as soon as is reasonably practicable, that you are pregnant, your EWC and the date that you intend to start your leave. You are also required to declare in writing your intention to return to work for at least three months following the end of your maternity leave, and if requested, provide a copy of your MATB1.

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 three months

It is important to note that a condition of entitlement to full maternity pay under the Green Book scheme is that you must return to work after your maternity leave for a period of at least three months. We argue that school holidays and most other absences count towards the three months.

If you do not return for three months, 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 support staff members who are unable to return for three months for a reason which 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.

We recommend that you contact AdviceLine, armed with a copy of your maternity scheme, if you have any questions about what counts towards the three- month period.

Your earnings

There isn’t a minimum earnings threshold in the Green Book maternity scheme. Your maternity pay under the scheme is based on your weekly earnings under your current contract of employment. If you work fixed hours, your maternity pay is based on your normal weekly pay. If you don’t work fixed hours, your maternity pay will be based on your average pay over a 12-week reference period.

On the first day of your maternity leave, your normal salary will stop and your maternity pay will start.

If you fall pregnant again during your maternity leave, you might not qualify for SMP, but your occupational maternity pay under the Green 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.

If you are a member of the Local Government Pension Scheme, you can follow the scheme advice.

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 support staff on our website.

Qualifying for occupational and statutory maternity pay

Support staff can be placed into four different categories depending on the length of their continuous service.

Category 1: Support staff with at least 26 weeks’ continuous employment with their current employer and at least one year’s continuous local government service

If you have completed at least 26 weeks’ continuous employment with your current employer by the end of the 15th week before the EWC , you will be entitled to claim SMP. If you have completed at least one year’s continuous local government service by the beginning of the 11th week before your EWC, you will also benefit from the full entitlements under the Green Book scheme.

Eligible women will be entitled to the following benefits:

Weeks 1-6          6 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

Weeks 40-52     13 weeks            unpaid

Category 2: Support staff with less than 26 weeks’ continuous employment with their current employer but at least one year’s continuous local government service

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 local government service by the qualifying date, you will be entitled to the full benefits of the Green Book scheme.

Eligible women will be entitled to the following benefits:

Weeks 1-6          6 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: Support staff with at least 26 weeks’ continuous employment with their current employer but less than one year’s continuous local government service

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 local government service by the relevant date you will be able to claim SMP, but you will not qualify for the Green Book entitlements.

Eligible women 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: Support staff with less than 26 weeks’ continuous employment with the current employer and less than one year’s continuous local government service

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 local government service by the relevant date, you will not be eligible for SMP or the Green Book entitlements. You may be entitled to MA.

Eligible women 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.

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