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The Red Book maternity scheme for teachers in SFCs

The Red Book maternity scheme for teachers in sixth form colleges outlines the pay elements of the Red Book maternity scheme. The scheme includes 18 weeks of enhanced occupational maternity pay for qualifying teaching staff above the basic right to statutory maternity pay (SMP) or maternity allowance (MA).

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The Red Book maternity scheme will apply to you if you are employed by a sixth form college that has adopted the scheme. You will have retained your maternity rights under the Red Book if you transferred under TUPE from a college that adopted the scheme to a new college. Be aware that a college might not count your continuous service in another school or college if you move to the college 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 Red 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 Red Book

To receive full Red 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 the Red Book maternity scheme a teacher must have at least one year’s continuous service at the start of the 11th week before the expected week of childbirth (EWC). Continuous service is defined in the Red Book as service with an organisation covered by the Redundancy Payments (Local Government) (Modification) Orders. This means that if you have not worked for your current employer for a year by the qualifying date, you can still qualify if you have enough continuous service in other roles in local government, maintained schools, academies and other publicly funded institutions, provided you have had no break in your service.

Notifying your employer of your maternity plans

To receive maternity pay under the Red Book scheme, by the end of the 15th 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 form if asked. You are entitled to give notice of your chosen maternity leave start date 28 days before you wish to begin your absence. If it is not reasonably practicable for you to meet these deadlines, you should give as much notice as is reasonably practicable. You must give your employer 28 days’ notice if you wish to vary the start of your leave.

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 Red Book scheme is that you must return to employment after your maternity leave for a period of at least 13 weeks. This period includes periods of college closure, 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 teaching staff who are unable to return for 13 weeks’ 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 calculating your 13 weeks.

Your earnings

There is no earnings qualification for maternity pay under the Red 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 college holiday.

If you fall pregnant again during your maternity leave, you might not qualify for SMP, but your occupational maternity pay under the Red 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. We recommend that you contact your employer and pension scheme trustees for further advice on your pension contributions and pensionable service.

 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 teaching staff in the Red Book and on our website.

Qualifying for occupational and statutory maternity pay

For the purposes of assessing entitlement to maternity pay, teaching staff can be placed into one of four categories based on their continuous service. To qualify for the Red Book maternity scheme a teacher must have at least one year’s continuous service at the start of the 11th week before the EWC. Continuous service is defined in the Red Book as service with organisations covered by the Redundancy Payments (Local Government) (Modification) Orders.

Category 1: Teaching staff with at least 26 weeks’ continuous employment with their current employer and at least one year’s continuous service with organisations covered by the modification orders

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 service with organisations covered by the Redundancy Payments (Local

Government) (Modification) Orders by the beginning of the 11th week before your EWC8, you will also benefit from the full entitlements under the Red Book scheme. Eligible teachers should receive the following:

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

Weeks 40-52     13 weeks            unpaid

Category 2: Teaching staff with less than 26 weeks’ continuous employment with their current employer but at least one year’s continuous service with organisations covered by the modification orders

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 with one or more local authorities by the qualifying date, you will be entitled to the full benefits of the Red Book scheme. Eligible teachers should receive the following:

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: Teaching staff with at least 26 weeks’ continuous employment with their current employer but less than one year’s continuous service with organisations covered by the modification orders

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 by the relevant date with organisations covered by the modification orders, you will be able to claim SMP, but you will not qualify for the Red Book entitlements. Eligible teachers should receive the following:

Weeks 1-6          6 weeks               SMP equal to 90% of pay

Weeks 7-39       33 weeks            SMP

Weeks 40-52     13 weeks            unpaid

Category 4: Teaching staff with less than 26 weeks’ continuous employment with the current employer and less than one year’s continuous service with organisations covered by the modification orders

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 by the relevant date with organisations covered by the modification orders, you will not be eligible for SMP or the Red Book entitlements. You may be entitled to MA. Eligible teachers should receive the following:

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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