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Query
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Advice (sub-group)
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1. Teacher whose contract of employment ceases whilst on maternity leave i.e. redundancy and who is not re-employed.
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Entitlement to OMP ceases at the end of contract. If entitled to SMP this will continue until the end of the maternity pay period. In the case of redundancy, normal redundancy rules will apply.
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2. Teacher on a 1/365 (1 year contract) or any type of fixed term contract who does not have a job to return to.
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Entitlement to OMP ceases at the end of contract. If entitled to SMP this will continue until the end of the maternity pay period. In the case of redundancy, normal redundancy rules will apply.
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3. Teacher employed on a temporary contract whose maternity leave commences during the contract period and extends beyond the contract termination dates but does not have a job to return to.
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Entitlement to OMP ceases at the end of contract. If entitled to SMP this will continue until the end of the maternity pay period. In the case of redundancy, normal redundancy rules will apply.
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4. Teacher whose maternity leave is due to commence whilst on a career break (i.e. career break from 1/9/08 – 31/8/09 and maternity leave to start on 20/8/09).
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Not entitled to OMP throughout the duration of their career break. However, if their return to work date, from their career break, falls within the 39 week maternity period they are entitled to the remainder of OMP.
(No entitlement to SMP)
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5. Teacher whose maternity leave commences immediately after a career break (i.e. career break from 1/9/08-31/8/09 and maternity leave to commence on 1/9/09).
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Entitlement to OMP will commence immediately.
(No entitlement to SMP)
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6. Teacher whose maternity leave commences whilst on sick leave.
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If sick leave is the result of a non-maternity related illness normal sick pay will apply until the start of their maternity leave as indicated on their application form.
If sick leave is pregnancy related – see paragraph 7 of TNC 2008/1 ‘Teachers’ Occupational Maternity Leave Scheme’.
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7. Teacher falling sick with a pregnancy related illness during maternity leave.
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Will continue to receive maternity payments, based on her entitlement, until the maternity pay period finishes (i.e. 39 weeks). Once the maternity period is completed the teacher would then receive sick pay.
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8. Teacher falling sick with a non-maternity related illness during maternity leave.
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Will continue to receive maternity payments, based on her entitlement, until the maternity pay period finishes (i.e. 39 weeks). Once the maternity period is completed the teacher would then receive sick pay.
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9. Teacher who takes full 52 weeks maternity leave, falls pregnant during this time, and takes another 52 weeks maternity leave.
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Entitled to OMP during both periods of maternity leave.
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10. Teacher whose baby is born early and only lives for a short time – Is SSP paid, SMP only or SMP and OMP?
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If a baby is born after 24 weeks the maternity scheme comes into operation. If before 24 weeks then sick pay scheme kicks in.
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