6

Ending Maternity Cover contract - holiday pay??

We have an employee covering maternity leave - their contract stipulated that they would be employed from 1 Sep until 31 August unless the postholder returned from mat leave early. The substantive postholder is returning on 5 July. Term ends on 9th July (independent school) We are now ending the mat cover contract on 9 July. Do we still have to pay any holiday pay for the summer to the mat cover? I am assuming not but want to ensure we get it right.

Thanks in advance.

612 views
  • Hi Jane

    Does returning for just a week on 5 July result in the returnee getting full pay over the whole of the summer hols when otherwise they wouldn’t have?

    As far as I know, many teachers’ etc t and c stipulate that starting and finishing dates can only be at the exact dates of beginning and end of school terms.

    Assuming not in this case, and assuming no other complications then it’s probably technically legitimate to deprive the maternity cover of their summer holiday pay, but not sure if it’s a very decent thing to do.
  • In reply to David:

    Hi David. Thanks for your response. Yes the returnee will be getting full pay over the summer holidays as they have returned for just one week. The mat cover's contract does say that the contract can end earlier depending on the returnee coming back earlier than the 52 weeks. The school effectively would be paying double if we pay the mat cover for the holidays. I agree, it doesn't sound great but I believe the contract covers it.
  • In reply to Jane :

    Hi Jane

    Unintended consequences then, it seems, but think I’d be outlining to the returnee in general terms without naming names the consequences of her actions and wondering how she manages to sleep at nights knowing that…..
  • In reply to David:

    Not sure I think she should have problems sleeping at night - this was entirely foreseeable given the sector practices. It would almost be odd not to return at this stage if allowed to

    The error perhaps lies with the administration in not foreseeing it and /or allowing a return for a week like this
  • In reply to Keith:

    This is a common practice with teachers returning from mat leave, so that they get paid in full for the summer holidays....correct notice has been given so not sure what else could have been done really.
  • I agree, why wouldn't you return for the last week if you could then be paid in full? I don't think it is the returning teacher's fault, the system is set up to work like that.

    Historically, we have paid both teachers in this situation.

    We don't have to and it does impact our staffing budget, but I think it is worth considering reputation. Disgruntled teachers talk, I personally think this is even more the case in the independent sector.

    Hope you have got it all sorted.