REIMBURSEMENT FOR MATERNITY, SUSPENSION AND PUBLIC DUTIES COVER
(EXCEPTED ITEMS SCHEME) 2012-13
With effect from April, 2012, a new ‘Excepted Items Scheme’ is to be introduced for KCC maintained schools, as highlighted in the Cabinet Paper of 17th October 2011 entitled ‘Further Delegation of Dedicated Schools Grant to Schools’. The ‘Scheme’ will remain in place for the duration of that Financial Year.
The ‘Scheme’ replaces the current format, where schools may seek reimbursement for eligible claims, subject to Excepted Items (EI) Policies and Guidelines.
Under the ‘Scheme’, schools are to receive a portion of the annual EI budget, at the outset of the next Financial Year (details as given in the delegated budget information for each school communicated on 1st November e-bulletin) and will be given two options;
a) Opting in to the ‘Scheme’
b) Opting out of the ‘Scheme’
Opting In
Schools selecting option a) will buy into the ‘Scheme’ by returning the share of the EI budget allocated to them. The EI claiming and reimbursement process will continue as in previous years, for Schools selecting this option. Please see the Excepted Items section of this website for full Guidelines and Policies.
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Opting Out
Schools selecting option b) are electing to receive and retain their share of the EI budget for 2012/13, and will, therefore, be opting out of the ‘EI Scheme’. Schools choosing to opt out of the ‘Scheme’ will receive no further reimbursement of claims falling due in the year commencing 1st April, 2012.
There will, however, be a ‘period of transition’, where certain claims falling within the current Financial Year (2011/2012), will need to be settled in the following Financial year. This period covers claims falling due within the months of February and March, 2012.
For Schools selecting option b), claims falling within the ‘period of transition’ will only be reimbursed on the following basis:-
Suspensions/ Public Duties - Ongoing claims in this category, should be submitted on a monthly basis, with claims for the period up to 31st January, 2012 to be submitted by 31st March, 2012. Claims falling due in February and March, 2012, must be submitted by 31st May, 2012.
Maternity/Maternity Support/Adoption – Where employees have completed Maternity or Adoption Leave by 31st January, 2012, claims will need to be submitted by 15th February, 2012, to ensure receipt of reimbursement in the current Financial Year. Claims for Maternity or Adoption Leave completed by 31st January, 2012 will continue to be accepted until 31st March, 2012, although reimbursement may not be received by the School until the next Financial Year.
There will be a number of Maternities and Adoptions continuing across the current and the following Financial Years. Reimbursement of these will be made for the period up to 31st March, 2012. Once Schools are in receipt of the payroll evidence for March, 2012, they will need to submit all payroll evidence up to and including March, by 31st May, 2012.
Deadline Dates for those Opting Out
Schools submitting claims close to the deadline dates will need to contact SPS to ensure it is in receipt of the claim by that date. Claims received after the Deadline Dates, will not be reimbursed. Deadlines are as follows:
15th February, 2012: Maternity/Adoptions completed by 31/1/12, for reimbursement in the current Financial Year.
31st March, 2012: Maternity/Adoptions/Suspensions/Public Duties completed by 31/1/12, for reimbursement in the following Financial Year.
31st May, 2012: For all claims completed in February and March 2012 and for Maternity/Adoptions continuing into the New Financial Year.
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Eligibility for Occupational Half Pay from 1st April 2012
Regardless of whether schools decide to opt in or out of the 2012-13 Excepted Items Scheme, terms of qualification for Teachers’ Occupational Half Pay are to be strictly applied in accordance with national terms and conditions for teachers with effect from 1st April, 2012. Full Terms and Conditions are held in the Burgundy Book but, we have highlighted some of the provisions around entitlement to maternity pay in the following FAQ’S. Please share these with all eligible staff so they are aware of their entitlement under the teachers maternity scheme: :-
Teachers’ Maternity scheme FAQs
What service must a teacher have, to qualify for Statutory Maternity pay (SMP)?
A teacher must have completed at least 26 weeks with the school (or schools maintained by the LA where the current or previous employer is the local authority) by the end of the 15th week before the expected week of childbirth.
Where a teacher moves from a school where the LA was the employer (i.e., a Community or Voluntary controlled school) to any school maintained by the same LA, or vice versa, continuity will apply for statutory purposes.
Schools/Academies have no discretion to enhance this statutory provision.
What service must a teacher have, to qualify for Occupational Maternity pay?
A teacher must have completed at least 1 year’s continuous service with one or more Local Authorities (LAs) by the beginning of the 11th week before the expected week of childbirth.
Continuous service within Community and Voluntary controlled schools with any LA, will therefore meet this requirement.
Previous service in a Foundation, Aided school or an Academy is not covered within the provision of the Burgundy Book.
On return from maternity leave what obligations are there for a teacher to return to work in order to retain/be paid the 12 weeks’ occupational half pay?
The teacher must return to her job for at least 13 weeks (including periods of school closure). This requirement may be reduced at the discretion of the school and Local Authority.
Where the school and Local Authority agree, a full-time teacher may return to work on a part-time basis for a period which equates to 13 weeks of full-time service. Similarly, where agreed, a part-time teacher may return to work on a different part-time basis for a period which equates to 13 weeks’ part-time service relating to her previous contract.
A teacher only has the right to return to her job, in the school on the same terms and conditions as employed prior to commencing maternity leave.
Where a teacher has been paid the occupational half pay during the maternity pay period, and fails to return to her original job/school and complete the required service, the half pay must be repaid.
Where the teacher cannot return to her original job because the post is redundant then she can return to a suitable alternative post, if this is available. Advice must be sought from us in this situation.
Why can’t a teacher return to a job in another Kent school and retain the half pay?
This has never been an entitlement under the Burgundy Book terms and conditions but, because KCC used to reimburse all Kent maintained schools, it was decided that movement between these schools would not result in repayment of the half pay. This is no longer possible under the new scheme where some schools may opt out of the 2012-13 Excepted Items Scheme. In addition, the position on reimbursement has been complicated by the introduction of Academies, who are separately funded, and the movement of returners from maternity between schools and Academies.