Taking leave with good sense
The Government’s renewed determination to create a “family-friendly” working environment will have as profound an effect on schools as other areas of employment.
The legislation behind this policy, the Employment Act 2002, has significantly improved maternity rights.
Statutory maternity leave, regardless of length of service, will be increased from 18 weeks to 26 from April 6 next year. And there will be a further entitlement to an extra 26 weeks’ maternity leave for women employees with at least 26 weeks’ service. The minimum period of notice that themother-to-be must give will be increased from 21 to 28 days.
As now, statutory maternity pay will equate to 90 per cent of average weekly earnings for the first six weeks. The “standard” rate of maternity pay - pound;100 a week or 90 per cent of average weekly earnings, whichever is lower - will be paid for the rest of the woman’s leave.
School support staff are likely to receive a slightly more generous package, but the details have yet to be resolved. Teachers will also receive more than the minimum. They are currently entitled to not only the statutory maternity pay, but up to 18 weeks of at least half-pay if they have served for a year or more.
Local education authorities are expected to clarify the maternity arrangements within the next few months. But it is already clear there will be an extra financial burden on schools, which will be obliged to find supply cover for longer periods.
The supply budget may also be affected by new rights for adoptive parents, including same-sex couples. They will be entitled to parental leave if they have 26 weeks’ service by the week in which the adoption agency matches employee and child.
New paternity rights will also be available. But they will only apply to fathers who have had 26 weeks’ service at the 15th week before the expected birthdate. Fathers are currently entitled to up to 13 weeks’ unpaid parental leave. From April they will also qualify for two weeks’ paid paternity leave.
All school staff will also be able to ask to change their working arrangements to enable them to look after a child under six (or up to 18 in the case of disabled children). This applies not only to parents, but to anyone with parental responsibility, such as grandparents. Employers will have to give serious consideration to any request for a change in working hours, permission to work at home, or any other aspect of the conditions of service. The grounds on which a request can be refused will include cost and recruitment problems.
It is therefore clear that schools have a lot of planning to do between now and next April if they are to minimise the impact on children’s education and ensure that the colleagues of those on leave are not overburdened.
Refer to: the Employment Act 2002; the Employment Relations Act 1999; Flexible Working (eligibility, complaints and remedies) Regulations 2002; Flexible Working (procedural requirement) Regulations 2002. See www.dti.gov.uk Maternity leave regulations can vary. Staff should seek advice from the head or bursar.
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