1. Table of contents

Who do I tell?

Your Line Manager is your first point of contact and you should inform them of your pregnancy first. They should carry out a pregnancy risk assessment within your workplace. You then complete the Application for Maternity Leave form and send it to the HR Helpdesk hrhelpdesk@falkirk.gov.uk for processing along with a scanned copy of your MAT B1 form from your midwife confirming your pregnancy (normally issued at your midwife appointment after the 20 week scan).

You are entitled to time off to attend antenatal classes and midwife appointments in line with the Family Leave Policy.


Where are the forms?

Guidance and application forms are available at:


How many holidays am I entitled to?

Teachers conditions specify that a full time teacher is entitled to 40 days paid leave in each leave year i.e. August to July. This includes your public holiday allowance and statutory leave entitlement. This is pro-rata for part-time employees so if you work 3 days per week then you will get 3/5th of the 40 days over the year (24 days).


Can I apply for Flexible Working/Career Break to start straight after maternity leave? Do I have to return to work first?

The policy allows for applications to be made at any stage so you can apply to have this start at the end of your maternity leave. If you are applying for a Career Break you must give 3 months notice.


Flexible working - can I specify which days/hours I return to?

If you wish to apply for flexible working, you can advise what working pattern you would prefer however the allocation of working hours will be determined by the Service Director/Head of Service in consultation with you and your manager.


How do you work out my holiday entitlement when I come back from maternity leave?

We look at the date you started your maternity leave and if you have had any holidays prior to this.

Then we look at the date you are returning and if there are any holidays still to be taken before the end of the leave year.

We subtract these days from your leave entitlement for the year and the balance is your accrued leave.

EXAMPLE

Jane Smith (Full Time) is entitled to 40 days leave. She went on maternity leave on 1st November and ended her maternity leave on 1st June.

As the Teachers holiday year runs from August - July, we need to work out

  1. what holidays she had taken prior to going on maternity leave
  2. what holidays she missed when she was on maternity leave
  3. what holidays she will have to take on return from her maternity leave

1. Prior

Holiday Number of days
September 1
October 5
Total number of days taken 6

2. Missed

Holiday Number of days
Christmas 10
Easter 11
May Day 1
Total number of days missed 22

3. Return

Holiday Number of days
Summer 12
Total number of days to take 12

The days which have been missed (2.) are then split according to the number of days that have to be taken as paid time off and the number of days that can be paid in lieu of school closure days. This split is calculated in accordance with regulations which state that the employee must have 28 days paid time off in each leave year so the above example continues as follows;

The employee must have 28 days paid time off – she will have taken 18 days (1. + 3.) in the leave year so has to take another 10 days to make up to 28 days. This is the amount of accrued paid leave and must be taken as time off. Normally, this is added on to the end of the maternity leave prior to the employee returning to work. This 10 days entitlement is taken from the 22 missed days (2.) - this leaves a balance of 12 days to be paid in lieu of school closure days as a lump sum on return to work.

Jane will have accrued leave of 10 days paid time off and 12 days lump sum payment.

This calculation is pro-rated for part-time employees and if you are off over two leave years the calculation is done for both years.


Why can't I be paid for the holidays instead of taking time off?

Working Time Regulations and SNCT conditions state the statutory leave entitlement of 28 days paid time off for employees. If you have not had the benefit of your full statutory entitlement due to maternity leave then the balance of statutory leave must be taken as days off work.


Why does my friend who has also been off for 6 months have more/less holiday than me?

This depends on when in the leave year you both commenced your maternity leave and returned from maternity leave, as you or your friend may have taken more holidays before maternity leave or may be coming back earlier and have more holidays on return.


Do I have to use the holidays in a block at the end of the leave?

We advise this however this is at the discretion of your manager – if you are changing your working hours we would strongly recommend the accrued leave is used before the change of hours commences.


Why did I get extra money in my last salary before my maternity leave began?

When you go off on maternity leave you are paid the holidays you have accrued but not taken up to that point in the leave year which is why your salary may be higher than normal.


Why is my first salary on return to work after maternity leave so low when I have accrued lump sum payment days?

This normally applies to people who return in the summer term - your salary on return to work may be lower than you expected as you may not have worked enough in the leave year to accrue enough holidays to cover the summer holidays (as not all of these are paid leave days) and the lump sum payment is offset against this.


Why does returning in April, May or June make a difference to my salary?

You need to work enough days in the leave year to accrue enough holidays to cover you for the summer break. If you have been off on Maternity and return to work in these months then you may not have accrued enough holidays and the lump sum payment you receive in lieu of school closure days will be required to offset this.