Sources of maternity rights
Your rights to maternity leave and pay are set out in legislation, in national conditions of service negotiated by your national union representatives, and in improved local policies and schemes won by your local union officers and reps.
The statutory maternity leave and pay scheme sets out a minimum floor of rights which can be enhanced – but not reduced – by national contractual terms and conditions and local agreements and policies.
You are entitled to exercise the statutory and contractual rights that you qualify for as composite rights which means that you can cherry-pick the most favourable provisions to suit your circumstances.
NEU maternity leave and pay model policy
NEU reps and officers have negotiated improvements to many local authority and multi- academy trust maternity schemes. The NEU model maternity leave and pay policy incorporates the best of these improvements and can be used as a basis for you and NEU members in your workplace to seek more favourable maternity leave and pay rights at work.
Qualifying for maternity leave and pay
Your rights to maternity leave and pay depend on a number of factors. These include your pregnancy dates, your role, your employment status, your type of school or college, your length of continuous service, what your NEU reps have negotiated and your earnings. To access your rights, you’ll need to notify your employer of your intention to take maternity leave and pay.
To work out your entitlements, you will need:
- Your pregnancy dates and MATB1
- To calculate your maternity entitlements, the first step is to find your expected week of childbirth (EWC) and your qualifying week (QW).
Your estimated week of childbirth – EWC
Your estimated week of childbirth is the week of your estimated due date. The EWC begins on the Sunday before your due date and ends on the Saturday after your due date. If your due date is on a Sunday, your EWC begins on the same Sunday. Your EWC is static; it does not change if you have your baby early or late, or if you have a scheduled or emergency caesarean section.
Your qualifying week – QW
Your qualifying week is the 15th week- the 15th week before the week your baby is due is the 25th week of your pregnancy - before your estimated week of childbirth. To work out your qualifying week, count 15 weeks back from the Sunday before the date your baby is due.
Your maternity certificate – MATB1
You’ll find your estimated due date on your maternity certificate – form MATB1 – which you should receive from your doctor or midwife after your 20-week scan. You’ll need the form to claim statutory maternity pay or maternity allowance and you can use it as evidence of your pregnancy. It’s a good idea to keep a photo of your MATB1 on your phone. You can ask your doctor or midwife for a duplicate if your MATB1 is mislaid.
Your contract of employment or your letter of appointment
You should have been informed of your terms and conditions of employment, including your rights to maternity leave and pay, before you started in your post, or at the latest on your first day of work.
Your continuous service history
You’ll need to know how long you have worked for your employer or in the education or local government service as most rights to maternity pay are dependent on your length of service. Your contract will include the date that your ‘continuous employment’ began. This date will be earlier than your start date with your current employer if you transferred from another employer under TUPE - Transfer of Undertakings (Protection of Employment) Regulations 2006.
Be aware that a break in your service, a change of your employer or a move to a new school before or early in your pregnancy could disqualify you from entitlement to maternity pay.
Your school status
If you’re not sure of the status of your school or college, you can find it online. Make a note of your ‘school type’.
Your pay slips
Your maternity pay will be calculated on the basis of your earnings.
Your maternity scheme
Most schools and colleges have agreed with the education unions an enhanced maternity scheme for employees. The benefits under the schemes are known as your ‘contractual’ or ‘occupational’ rights. They must be equal to or better than the statutory terms. Your letter of appointment will refer to your maternity rights. Your NEU workplace rep or school office can point you to your maternity scheme or policy. Read on to find out which scheme applies to you.
Your role and your school/college status
Broadly, teachers employed to work in local authority-maintained schools will be covered by the Burgundy Book maternity scheme, as will many teachers in academies and independent schools.
The rights of many support staff can be found in the Green Book6 maternity scheme. And teachers working in sixth form colleges are covered by the Red Book maternity scheme.
Teachers employed in the local authority sector
The Burgundy Book maternity scheme applies to qualifying teachers employed to work in local authority-maintained schools; it does not apply to agency teachers.
If you are employed to teach in a community school, voluntary controlled school, community special school or maintained nursery school, your employer is the local authority. Your contract of employment automatically incorporates the Burgundy Book maternity scheme.
If you are employed to teach in a foundation school, voluntary aided school or foundation special school, your employer is the school governing body. In most schools, your contract of employment will include the Burgundy Book maternity scheme. In a very small number of these schools, the employer has adopted a less favourable maternity scheme.
You can find a copy of the Burgundy Book here and more details on your rights and responsibilities in our guide – the Burgundy Book maternity scheme for teachers.
Teachers in sixth form colleges
Many sixth form colleges have adopted the Red Book maternity scheme. This scheme was agreed between national representatives from the NEU and other teacher unions and the Sixth Form Colleges Association. The Red Book maternity scheme applies to you if your college has adopted it and if you are employed to work there as a teacher. You can find a copy of the Red Book here and more information on your rights and responsibilities in our guide – the Red Book maternity scheme for teachers in sixth form colleges.
Teachers in academies
The NEU has negotiated the adoption of the Burgundy Book maternity scheme, or similar, with many academy trusts.
Teachers who were employed in a predecessor school – and transferred under TUPE to an academy when it changed status – retain their previous contractual rights, including their maternity rights under the Burgundy Book.
Teachers who were appointed after a school became an academy will be covered by the academy trust maternity scheme unless the academy trust has adopted the Burgundy Book scheme for new employees. If the academy has its own policy, it might be inferior to the Burgundy Book scheme, and you’ll find that some teachers in the same school might have different maternity terms and conditions. NEU representatives are encouraged to seek levelling up where two tiers of benefit have developed.
Teachers in city technology colleges (CTCs) and further education (FE) colleges
Most CTCs and FE colleges will have adopted a maternity scheme, several of which have been negotiated by the education unions.
Teachers who were employed in a predecessor school or college before transferring under TUPE to a CTC or FE college, will have retained their previous contractual rights, including their maternity rights, under the Burgundy Book or Red Book.
Teachers who were appointed after a TUPE transfer will be covered by the college maternity scheme.
This might be inferior to the national schemes negotiated by the teacher unions and some teachers in the same establishment might be on different terms and conditions. Where two tiers of benefit have developed, NEU representatives are encouraged to seek levelling up.
Teachers in independent schools
Some independent schools have adopted maternity schemes for teachers that look similar to the Burgundy Book scheme, many of which have been negotiated by the education unions. However, they are unlikely to be identical and will not count your employment with other employers towards your qualifying service.
Be aware that some independent school proprietors have refused to adopt an occupational maternity scheme, which means that women taking maternity leave will not have access to enhanced maternity pay, they will only be able to apply for statutory maternity pay or maternity allowance. This may be something your workplace representative can look to improve upon with the support of the members.
Supply and agency teachers
It is possible for supply agencies to establish contractual maternity schemes for agency staff but in practice this is extremely rare. If you are an agency worker, you might qualify for statutory maternity pay or maternity allowance. You will not have a statutory right to return to your assignment, but we encourage employers and agencies to adopt and apply policies that are more generous than the statutory entitlements.
Support staff
Support staff whose employment contracts state that their contractual terms and conditions can be found in the Green Book will have access to the Green Book maternity scheme. Most support staff in local authority-maintained schools are on Green Book terms and conditions so will be able to access the occupational maternity scheme if they meet the qualifying conditions.
Support staff who were employed in a predecessor school – and transferred under TUPE to an academy when it changed status – retain their previous contractual rights, including their maternity rights, under the Green Book.
Support staff who were appointed after a school became an academy will be covered by the academy trust maternity scheme unless the new employer continues to apply the Green Book. The trust scheme might be inferior to the Green Book scheme, and you’ll find that some support staff in the same school might have different maternity terms and conditions. NEU representatives are encouraged to seek levelling up where two tiers of benefit have developed.
Where an academy trust or independent school proprietor has refused to adopt an occupational maternity scheme, women working in support roles who intend to take maternity leave will not have access to enhanced maternity pay, they will only be able to apply for statutory maternity pay or maternity allowance.
