What is a teacher’s maternity or paternity entitlement?

Year Published: 2015

All pregnant employees are entitled to 52 weeks’ statutory maternity leave (comprising 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave) regardless of length of service, hours worked or size of employer. Employees must notify their employer of the intention to take maternity leave no later than 15 weeks before the Expected Week of Childbirth (EWC).

If you are TUPE transferred to an academy, staff of the closing school/s who have a substantive contract at the point of closure will have the right to transfer to the academy on their existing terms and conditions and will still be eligible for the national occupational maternity scheme.

If you are not TUPE transferred to an academy then you will need to check with the academy what, if any, exceeding statutory occupational maternity, paternity or adoption benefits are available and how you qualify for them.

If you return to a local authority school from an academy, to qualify for the occupational scheme teachers must have one year’s continuous service with one or more local authority schools at the beginning of the eleventh week before the EWC.


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