NATIONAL UNION OF TEACHERS MARCH 2007
GUIDANCE TO NUT MEMBERS
THE WORK AND FAMILIES ACT 2006
This guidance outlines the changes to statutory maternity and adoption leave and pay and flexible working under the Work and Families Act 2006.
For more information on maternity and related rights, see the NUT's Maternity Matters guidance document, available on .
STATUTORY MATERNITY LEAVE AND PAY
The changes to statutory maternity leave and pay apply to women whose babies are due on or after 1 April 2007.
What are the changes to statutory maternity leave?
All employees are entitled to 52 weeks' maternity leave irrespective of their length of service.Entitlement to Occupational Maternity Pay (OMP) under the Burgundy Book Maternity Scheme is unchanged by this provision. See Maternity Matters for more details.
When does the statutory maternity pay period commence?
There is no longer a requirement for SMP to start on a Sunday. Employees may choose when their maternity pay period commences so long as it is no later than the day of the birth.
What notice must a teacher give to change her return to work date?
Where an employee wishes to change her intended return to work date, she must give the employer at least 8 weeks' notice. If she is entitled to the maternity provisions of the Burgundy Book, she need only give 21 days' notice of early return.
What are the arrangements for 'Keeping in Touch' days during maternity leave?
Employees may take up to 10 'keeping in touch' or KIT days during ordinary or additional maternity leave without losing SMP.
Under the KIT day scheme, work includes work, training or other activities undertaken for the purpose of keeping in touch with the workplace. A woman who attends work for three hours' training would have used one of her KIT days.
Women should not carry out any work for the employer during the two week period of compulsory maternity leave following the birth of the child.
Members are advised to contact their NUT regional office in England or NUT Cymru in Walesbefore agreeing to work KIT days to ensure that they are not underpaid.
What are the arrangements for 'reasonable contact' during maternity leave?
Either the employer or employee may make 'reasonable contact' with the other for the purpose of keeping in touch, for example, to discuss the practicalities of returning to work.
STATUTORY ADOPTION LEAVE AND PAY
The changes to statutory adoption leave and pay apply to adopters who are expecting achild or children to be placed with them for adoption on or after 1 April 2007.
Are there any changes to statutory adoption leave?
To qualify for ordinary or additional adoption leave, adopters must have continuous employment for not less than 26 weeks ending with the week he or she was notified of the match.
What notice must a teacher give to change his or her return to work date?
Where an employee wishes to change the intended return to work date, he or she must give the employer at least 8 weeks' notice. If he or she is entitled to the post-natal provisions of the Burgundy Book maternity scheme , she need only give 21 days' notice of early return.
What are the new arrangements for working during adoption leave?
Employees may take up to 10 'keeping in touch' or KIT days during their adoption leave without losing SAP.
Under the KIT day scheme, work includes work, training or other activities undertaken for the purpose of keeping in touch with the workplace. An adopter who attends work for three hours' training would have used one of his or her KIT days.
Members are advised to contact their NUT regional office in England or NUT Cymru in Walesbefore agreeing to work KIT days to ensure that they are not underpaid.
What are the arrangements for 'reasonable contact' during adoption leave?
The employer or employee may make 'reasonable contact' with the other for the purpose of keeping in touch, for example to discuss the practicalities of returning to work.
FLEXIBLE WORKING
The statutory right to request flexible working is currently available to parents to care for children under the age of 6 or disabled children under the age of 18. The right will be extended to cover caring for an adult from 6 April 2007.
See the NUT's guidance on the Right to Request Flexible Working for further information.