Teachers’ maternity pay: everything you need to know

If you are a teacher who is thinking of starting a family - or indeed you’re already expecting - you’ll want to know what maternity leave and pay is available to you.

You may well have colleagues who have taken maternity leave. But it’s important that you understand what is on offer to you, as there are a number of factors that affect entitlement.

The Burgundy Book - the National Conditions of Service for School Teachers in England and Wales - outlines the full details of the maternity scheme, which it states applies “to all pregnant women, trans men, and non-binary teachers, regardless of the number of hours worked per week”.

Here is Tes’s guide to the key details.

Do teachers qualify for maternity pay?

Yes. All UK employees who have an employment contract and have worked for their employer continuously for more than 26 weeks before the end of their qualifying week (the 15th week before your estimated week of childbirth) are entitled to maternity pay - including teachers.

You must notify your school at least 15 weeks before the expected birth, confirming your due date and the date you’d like your maternity leave to start.

If, by the end of your qualifying week, you have worked for your school for less than 26 weeks, you are not entitled to statutory maternity pay. But you may still be entitled to maternity allowance depending on your previous national insurance (NI) contributions. The government website has further details.

What maternity leave am I entitled to?

All teachers are entitled to 52 weeks of maternity leave, irrespective of their length of service.

You are not allowed to begin your leave earlier than 11 weeks before your expected week of birth, or to return sooner than two weeks after the day your child is born.

What maternity pay am I entitled to?

The exact details of your maternity pay depend on a number of factors.

If you have more than 26 weeks but less than one year’s continuous service as a teacher, you will be entitled to statutory maternity pay (SMP) only.

If you have more than a year’s service, you will also be entitled to occupational maternity pay (OMP).

According to the Burgundy Book, there is no minimum earnings qualification for maternity pay. If there are significant variations in your salary, your maternity pay will be based on your average salary over the 12 weeks before the start of your leave period.

What is statutory maternity pay (SMP)?

SMP is paid for up to 39 weeks. You will get:

• 90 per cent of your average weekly earnings (before tax) for the first 6 weeks.
• Then £184.03 or 90 per cent of your average weekly earnings (whichever is lower) for the following 33 weeks.

SMP is paid in the same way as your wages - so monthly, if you are usually paid like that. And tax and NI will be deducted as usual too.

What is occupational maternity pay (OMP)?

As set out in the Burgundy Book, if you have at least one year’s continuous service as a teacher as well as at least 26 weeks with your current school, you will also receive OMP - also known as enhanced or contractual maternity pay.

OMP is paid for up to 39 weeks. If you meet the conditions, you will be entitled to:

• 100 per cent pay, inclusive of SMP, for the first four weeks.
• Then 90 per cent pay, inclusive of SMP, for the next two weeks.
• Then 50 per cent pay, plus SMP (not exceeding full pay), for the next 12 weeks.
• Finally, SMP for 21 more weeks.

Do teachers move up the pay scale while on maternity leave?

Yes. According to law you must receive any pay increase that you would have had had you not been on leave - including performance-related pay, annual cost of living increases and any other increase due to a pay increment, promotion or re-grading.

Exceptions are only for staff who are subject to formal capability procedures - in which case, you must be informed that you are not performing to standard before your maternity leave starts.

Do supply teachers get maternity pay?

Supply teachers are not covered by the contractual maternity pay provisions but may be entitled to statutory maternity rights.

The National Education Union offers further advice in the  Agency Worker Regulations guidance.

Do multi-academy trusts (MATs) offer enhanced maternity pay?

Some MATs offer better entitlements, such as Dixons Academy Trust, which offers six weeks at full pay rather than four, and 20 weeks at half pay rather than 12.

Check your MAT’s policy to find out what you are entitled to.

What about shared parental leave?

Shared parental leave allows both parents to take time off to spend with their child, and offers more flexibility. You can find more details in our guide to shared parental leave for teachers.

Can I take time off for midwife appointments?

Yes, any pregnant teacher has the right to take paid time off work to attend antenatal appointments. Your school may ask that you produce evidence of these appointments.

Is maternity pay different for teachers outside England?

The entitlement laid out above also applies to teachers in Wales and Northern Ireland.

In Scotland the arrangement is different: eligible teachers will receive SMP and OMP for the first 13 weeks, equalling their usual salary. They will then receive just SMP for the remaining 26 weeks. Take a look at the Scottish Negotiating Committee for Teachers handbook for more details.

What are keeping in touch (KIT) days?

You have the option to work up to ten KIT days during your maternity leave - for example, you might benefit from attending briefings or curriculum development meetings.

These are to be agreed with your line manager. You should expect to be paid a day’s salary per day worked.