NASUWT Representatives

www.nasuwt.org.uk77Maternity, Paternityand Adoption LeaveTeachers in maintained schools have overlapping rights tomaternity leave under their contract of employment and understatutory provisions. These rights are a minimum and may beimproved upon by local agreement.Employees who are pregnant or nursing mothers have the rightto a safe and healthy working environment in which they will notbe required to do work that is potentially harmful to themselvesor their child.(More details are in the NASUWT Health and SafetyRepresentatives’ Handbook and Maternity advice booklet).l Teachers’ Statutory Rights (from day one ofemployment):2 the right to paid time off for antenatal care;2 the right to protection against dismissal, unfair selectionfor redundancy or detrimental treatment for any reasonconnected with pregnancy or childbirth;2 the right to 52 weeks’ maternity leave (including twoweeks’ compulsory leave following the birth).lTeachers’ Statutory Rights (after qualifying period):2 the right to 39 weeks’ paid maternity leave after 26weeks’ continuous employment with the same employerby the 15th week before the expected week of childbirth(six weeks at 90% pay and 33 weeks at statutorymaternity pay (SMP)). The latter is paid in addition tooccupational half pay if the periods overlap);2 the right to 13 weeks’ unpaid additional leave followingthe 39 weeks’ paid leave, with a right to return to work atthe end of that period;2 two weeks’ statutory paternity leave and pay at statutorypaternity pay (SPP) per week (there may be a localagreement on paternity leave on full pay);2 fathers or the partner of a mother have the right toAdditional Paternity Leave. Eligible employees may takeup to 26 weeks' Additional Paternity Leave within the firstyear of the child's life or placement for adoption providedthat the person taking maternity leave has returned towork before using their full leave entitlement of 52 weeks.The statutory provisions allow the 39 weeks’ entitlementto statutory pay to be shared between partners.Therefore SPP will be paid once the mother has returnedto work;For advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive