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Why this matters right now

Teacher maternity leave decisions were affected by the 2023 Protection from Redundancy (Pregnancy and Family Leave) Act, extending priority-alternative-role rights to 18 months post-birth. In redundancy-heavy years like 2024-25, this materially protects teachers on maternity leave from being selected for redundancy without a suitable alternative role.

The 52-week statutory framework

Every teacher, regardless of length of service, is entitled to 52 weeks of statutory maternity leave:

  • Ordinary Maternity Leave: first 26 weeks. Right to return to the same job.
  • Additional Maternity Leave: second 26 weeks. Right to return to the same or a similar job.
  • Compulsory Maternity Leave: 2 weeks (4 weeks for factory workers - not applicable to teachers) immediately after birth.

Statutory Maternity Pay (SMP)

SMP is a statutory entitlement paid for up to 39 weeks. Qualifying conditions:

  • 26 weeks continuous employment at the end of the 15th week before the expected week of childbirth.
  • Average weekly earnings above the Lower Earnings Limit (£125 per week in 2025-26).

Rate structure:

  • First 6 weeks: 90% of average weekly earnings (no cap).
  • Weeks 7-39: the lower of 90% of average weekly earnings or £187.18 (2025-26 rate).
  • Weeks 40-52: unpaid unless occupational pay applies.

Occupational Maternity Pay - Burgundy Book

Teachers in LA-maintained schools with 26 weeks continuous service typically receive enhanced occupational pay under the Burgundy Book:

PeriodPay
Weeks 1-4Full pay (includes SMP)
Weeks 5-690% of pay (includes SMP)
Weeks 7-18Half pay plus SMP (capped at full salary)
Weeks 19-39SMP alone (£187.18/week or 90% of earnings, whichever lower)
Weeks 40-52Unpaid

Terms vary by local authority and academy trust; check the specific policy.

Case example: return-to-work protected under 2023 Act

A Year 6 teacher started maternity leave in September 2024. During her leave, the school announced restructuring reducing Year 6 teaching from 4 forms to 3. Under the 2023 Protection from Redundancy Act, she had priority right to any suitable alternative role - including Year 5 teaching that opened up during restructure. The school offered her the Year 5 role which she accepted on return. Without the Act she may have been selected for redundancy alongside other Year 6 colleagues. The lesson: teachers on maternity leave have materially stronger protections than teachers actually at work during redundancy.

Academy trust variations

Academy Multi-Academy Trusts (MATs) set their own maternity terms:

  • Large MATs typically adopt Burgundy Book equivalents.
  • Some MATs enhance further with 6 months full pay.
  • Small MATs and single academies may follow bare statutory terms.
  • Free schools often use SMP-only.

Check the trust HR handbook and specific contract before pregnancy notification if possible.

Notifying the school

By the end of the 15th week before the expected week of childbirth (the qualifying week), notify:

  • That you are pregnant.
  • The expected week of childbirth.
  • When you intend to start maternity leave.

MATB1 form from midwife or GP is standard evidence. School responds in writing within 28 days confirming the expected return date. STPCD resignation windows do NOT apply to maternity leave notification.

Keeping In Touch (KIT) days

Teachers can work up to 10 KIT days during maternity leave without ending the leave. Common uses:

  • INSET days and parents' evenings during the leave period.
  • Handover to a maternity cover teacher.
  • Training on new curriculum or system.
  • Personal preparation for return.

KIT days are voluntary on both sides; paid at contractual daily rate; do not extend maternity leave.

Return-to-work rights

  • After 26 weeks (OML): right to same job on same terms.
  • After 26-52 weeks (AML): right to same job unless not reasonably practicable, then a similar job.
  • Refusal to allow return is dismissal - automatic unfair dismissal for maternity-related dismissal.
  • Under 2023 Act: priority right to any suitable alternative role in redundancy from pregnancy to 18 months post-birth.

Resigning during maternity leave

Possible but consider timing carefully. STPCD windows apply if resigning:

  • Notify by 31 October to leave 31 December.
  • Notify by 28 February to leave 30 April.
  • Notify by 31 May to leave 31 August.

Enhanced occupational maternity pay typically has repayment clauses requiring return for 3-12 months post-leave. Resigning during or immediately after maternity leave may trigger repayment of enhanced portion; statutory SMP is never repayable. Check the specific policy. See resigning during maternity leave.

Useful calculators

Related guides

Authority pages

Frequently asked questions

How much maternity leave do teachers get?
52 weeks statutory maternity leave regardless of length of service. Enhanced occupational pay under the Burgundy Book in LA-maintained schools typically provides full pay for 4 weeks, 90% for 2 weeks, half-pay plus SMP for 12 weeks, then SMP only, then unpaid. Total enhanced pay period around 18 weeks.
Do academies pay enhanced maternity pay?
Not by default. Most large MATs adopt Burgundy Book equivalents. Some MATs enhance further. Small MATs and free schools may use SMP-only. Check the specific trust HR handbook.
Can I be made redundant during maternity leave?
Redundancy on maternity leave is not automatically unfair, but under the 2023 Protection from Redundancy Act you have priority right to any suitable alternative role. This priority extends to 18 months after birth. Failure to offer a suitable alternative usually makes any resulting dismissal unfair.
Do I have to repay enhanced maternity pay if I don't return?
Statutory SMP is never repayable. Enhanced Burgundy Book occupational pay typically has a repayment clause requiring return for 3-12 months. Resigning during or immediately after leave may trigger repayment of the enhanced portion. Check the specific policy.
When do I need to notify the school of pregnancy?
By the end of the 15th week before the expected week of childbirth (the qualifying week). Notify: pregnancy, expected week of childbirth, intended start of maternity leave. MATB1 form is standard evidence. School responds within 28 days confirming expected return date.

Sources and further reading

General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.