FAQ Following the premature birth of our daughter, we spent a long time trying to understand how our maternity and paternity would be affected. We kept seeing teachers in Scotland asking the same questions, so hopefully our answers below can help, or at least point you in the right direction. Please note, nothing here should be taken as financial, legal or medical advice. Most of our answers are based on our understanding of the SNCT Handbook, but some councils may have additional policies, so it's best to check with your employer too. If you think something is wrong, or there's a question you'd like us to answer, please get in touch at contact@maternity.scot .
Last update: 18th March 2026
Leave What happens if I’m off sick with a pregnancy-related illness before maternity leave starts?
Your absence will be treated as a normal sickness absence unless you're within 4 weeks of your maternity leave start date, in which case your maternity leave will instead start.
Where an employee is absent before the start of the maternity leave period due to illness, the absence will be treated as sickness absence except when paragraph 7.19 below applies. This includes absence due to miscarriage (that is, prior to the 24th week of pregnancy). If an employee is absent because of a pregnancy related illness, and there are fewer than four weeks before her baby is due, she will be deemed to have commenced ML. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 What happens if I’m sick when my maternity leave ends?
The normal sickness procedures for notification and certification apply.
Where an employee is unable to return to work after the ML period has ended, or on the date previously notified, due to sickness, the normal sickness notification and certification procedures as set out in Section 6 (Sickness Allowances and Notification Arrangements) apply. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 My baby was born premature. How does this affect my maternity start date?
That depends on how early your baby was born, and when you originally planned to start your maternity leave. If your baby was born before your planned maternity start date, your maternity leave (and pay) will now start the day following the birth.
When do I have to tell my employer I’m pregnant and when I want maternity leave to start?
Not later than 21 days before maternity leave commences, or as soon as is reasonably practicable. Remember to get your MAT B1 form from your midwife, as your employer will need this.
To qualify for maternity leave and pay, an employee must notify the council in writing of: (a) the fact that she is pregnant; (b) the expected week of childbirth or the actual date of the birth, if this has already occurred; and (c) the date she wishes ML to commence (the notified leave date). The notification set out above must be given to the council not later than 21 days before maternity leave commences, or as soon as is reasonably practicable. Confirmation of the pregnancy and expected date of childbirth should be given in the form of a maternity certificate (form MAT B1) from a registered medical practitioner or midwife. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 What happens in the event of stillbirth or neonatal death?
I'm on maternity leave and currently pregnant. How long do I need to return to work, to qualify for maternity leave again?
Can I count previous service in school with a different council towards the 26 weeks requirement for maternity leave?
Yes, but the gap between the employments must not be more than 1 working week.
Any previous employment (including probationary periods) with councils, employers listed in the Redundancy Payment (Local Government) (Modification) Order 1990 (as amended) and any other employment deemed by the council to be relevant, should be counted as continuous service (as defined in the Employment Rights Act 1996) subject to a gap in employment not exceeding one working week. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 Can I return to work as soon as I've given birth?
No. You cannot return to work before the end of your 2 weeks compulsory maternity leave.
Do I need to give notice if I want to come back early?
Yes. You must give 28 days’ notice, otherwise your employer can postpone the return by up to 28 days.
An employee who wishes to return to work earlier than the end of the ML period must give the council 28 days’ notice. If the appropriate notice is not given, the council may postpone her return for up to 28 days (but not to a date later than the end of the ML period). No notification is required for an employee returning to work on the first working day following the end of the ML period. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 Pay What are the current teacher pay scales? What would my take-home pay be?
I currently pay into my pension. How will this affect my maternity pay?
If you're part of the Scottish Teachers’ Pension Scheme, your employer will continue to deduct pension contributions at the same percentage as before. The unpaid part of your maternity leave is not pensionable.
While on paid maternity leave, your pension scheme membership will continue and you'll pay scheme contributions at the same percentage rate. Contributions will be based on your actual pensionable pay which will be either full pay or Statutory Maternity Pay. Any period of unpaid leave is regarded as non-pensionable, therefore you'll not be eligible to pay scheme contributions during this period - or to cover any 'missed' contributions by paying extra when you return to work. Any pension you have accrued will be preserved and, while on authorised leave, you'll continue to remain covered for death in service benefits. https://pensions.gov.scot/teachers/life-events/becoming-parent How many Keeping in Touch Days (KIT) am I entitled to?
10 Days, but they need to be agreed by you and your employer. We've heard of teachers' KIT day requests being rejected because of lack of funds in the school budget.
During both ML, AL, ShPL and Surrogacy Leave the employee is allowed up to ten days at work with normal pay as Keeping In Touch Days, without bringing the leave period to an end. These days do not have to be consecutive and can be used for training or any other activity which enables the employee to keep in touch with the place of employment. Keeping In Touch Days can only be taken following agreement between the employer and the employee on both the activity and timing. The Code of Practice on Keeping In Touch Days Appendix 2.10 should be the basis for arrangements for such days. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 How much pay will I receive for Keeping in Touch Days (KIT), and are they paid on top of statutory maternity pay?
You'll receive your normal pay, but this is including the money you would have already received for the day as Occupational Maternity Pay (OMP) or Statutory Maternity Pay (SMP). That means if you're entitled to the 13 weeks full pay, and you work a Keeping in Touch Day during this time, you'll not be paid anything extra for the time. If you work a Keeping in Touch Day during the 26 weeks of Statutory Maternity Pay, your extra pay will be the difference between your daily rate of pay, and the daily rate of SMP.
How many weeks will I receive full pay during maternity leave?
If you've completed enough continuous service to be entitled to Occupational Maternity Pay (OMP), you'll receive full pay for 13 weeks.
An employee with at least 26 weeks’ continuous service at the beginning of the 15th week before the EWC is entitled to be paid: (a) Occupational Maternity Pay (OMP) and Statutory Maternity Pay (SMP) at the appropriate rate for the first 13 weeks. Taken together, these payments will be equal to the employee’s normal salary, and where eligible, (b) SMP for the remaining 26 week period, provided that the employee’s average weekly earnings are not less than the lower earnings limit for National Insurance contribution liability. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 How many weeks will I receive statutory pay during maternity leave?
If you've completed enough continuous service to be entitled to Statutory Maternity Pay (SMP), you'll receive statutory pay for the 26 weeks following Occupational Maternity Pay (OMP), providing you qualify.
To qualify for SMP you must: Earn on average at least £125 a week. Give the correct notice and proof you’re pregnant. Have worked for your employer continuously for at least 26 weeks continuing into the ‘qualifying week’ - the 15th week before the expected week of childbirth. https://www.gov.uk/maternity-pay-leave/eligibility An employee with at least 26 weeks’ continuous service at the beginning of the 15th week before the EWC is entitled to be paid: (a) Occupational Maternity Pay (OMP) and Statutory Maternity Pay (SMP) at the appropriate rate for the first 13 weeks. Taken together, these payments will be equal to the employee’s normal salary, and where eligible, (b) SMP for the remaining 26 week period, provided that the employee’s average weekly earnings are not less than the lower earnings limit for National Insurance contribution liability. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 How many weeks of my maternity leave will be unpaid?
The 13 weeks following Occupational Maternity Pay (OMP) and Statutory Maternity Pay (SMP) are unpaid.
An employee with at least 26 weeks’ continuous service at the beginning of the 15th week before the EWC is entitled to be paid: (a) Occupational Maternity Pay (OMP) and Statutory Maternity Pay (SMP) at the appropriate rate for the first 13 weeks. Taken together, these payments will be equal to the employee’s normal salary, and where eligible, (b) SMP for the remaining 26 week period, provided that the employee’s average weekly earnings are not less than the lower earnings limit for National Insurance contribution liability. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 My baby was born premature. How does this affect my maternity pay?
My baby was born premature. Is there any financial assistance available to me?
When our daughter was born premature, we had a lot of travel costs getting to and from the hospital every day for a month. The Neonatal Expenses Fund helped greatly with this. It covers quite a lot, so have a look at the website. gov.scot/publications/neonatal-expenses-fund-terms-conditions/pages/6/
If your baby was born before 37 weeks, check whether your employer has signed up to The Smallest Things’ Employer with Heart charter. If they have, they may extend your maternity leave by the number of days your baby was born prior to their due date, at full pay. You can find more information about this on The Smallest Things' website.https://www.thesmallestthings.org/employer-with-heart
I don't have a permanent contract. How will this affect my maternity pay?
A temporary employee will not have the right to return to work where her/his contract would have expired during the leave period but will be entitled to all other provisions in this Section, provided she/he meets the criteria (where these are stated). https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 Will I get paid for my time off for antenatal appointments.
For the pregnant employee, yes. For the partner, no, although you can attend antenatal appointments unpaid.
A pregnant employee shall be allowed to take such reasonable time off, without loss of pay, as is required to attend for antenatal care, on production of evidence of appointments (if required by the council). Qualifying partners of expectant mothers have a statutory right to attend two antenatal appointments with the expectant mother. This time off is unpaid. While the statutory provisions allow for each appointment to be for a maximum of six and a half hours the time off request should normally be for a half day but, upon request, a longer period should be granted taking into account location and travel as well as the nature of appointment. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 Will I get paid for my time off for antenatal classes.
For the pregnant employee, yes, if recommended by a doctor or midwife. For the partner, no, although you can attend antenatal appointments unpaid. See the question above for the link to the SNCT Handbook.
Will I still move up the Main Grade Scale while I'm off on maternity leave?
Yes.
A week of teaching service comprises any week in which a teacher is employed, as a teacher, by a council regardless of the number of hours worked. This includes periods of annual leave, public holidays, sickness absence, family leave or other special leave but excludes probationary service. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_1 I get my work through the supply register. Does this mean I won't get maternity pay?
If you are working day-to-day or short-term contracts with the same local authority, then you might have built up the required service. Contact your employer to check whether you have any gaps in your service. If you do not qualify for the full Occupational Maternity Pay (OMP), you may still qualify for Statutory Maternity Pay (SMP) or Maternity Allowance, depending on your overall pattern of work. You can find out if you're eligible for Statutory Maternity Pay (SMP) on the Gov.UK website. gov.uk/maternity-pay-leave/eligibility .
If you have not met the continuous employment test for Statutory Maternity Pay (SMP), you might still have worked enough to be eligible for Maternity Allowance. Here's the page you'll need on the Gov.UK website gov.uk/maternity-allowance/eligibility
Any previous employment (including probationary periods) with councils, employers listed in the Redundancy Payment (Local Government) (Modification) Order 1990 (as amended) and any other employment deemed by the council to be relevant, should be counted as continuous service (as defined in the Employment Rights Act 1996) subject to a gap in employment not exceeding one working week. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 Workload I'd like to go part-time for a year when I return from maternity. Can I do this, or will I lose my days?
All employees have the right to request flexible working, and the employer must consider the request in a reasonable manner. The Flexible Working page on the Gov.UK website goes into more detail gov.uk/flexible-working . We've not been able to find anywhere in the SNCT Handbook that guarantees the right to reduce the number of days worked following maternity leave, but many local authorities have their own flexible working policies so check with your employer. Flexible working changes are often permanent, so make sure your agreement clearly states your rights to revert back to your original days if you want the change to be temporary.
Can I share some of my maternity leave with my partner?
Yes, if you meet the eligibility requirements.
The mother is eligible for shared parental leave if she: has at least 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth and remains in continuous employment with the organisation until the week before any period of shared parental leave that she takes; has, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child; is entitled to statutory maternity leave in respect of the child; and complies with the relevant maternity leave curtailment requirements (or has returned to work before the end of statutory maternity leave), and shared parental leave notice and evidence requirements. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 Can my school make me use my NCCT for antenatal appointments?
We can't see anything in the SNCT Handbook that covers the use of NCCT for antenatal appointments. However, you are entitled to paid time off during your contracted work hours to attend antenatal appointments. Your contracted work hours include both class contact time, and non-class contact time. If your appointment falls during class-contact hours, you're entitled to take that time, and we can't see how an employer could make you re-arrange your appointment - after all, we know how hard it is to get any time slot with the NHS, let alone choose an exact time.
Does maternity mean a break in my continuous service?
Holidays I don't work Mondays. Does that mean I'm not entitled to bank holidays?
You earn 0.20513 holiday days for every day you work, regardless of the days you work.
Pro rata arrangements shall apply to part time staff and those employed for any part of the leave year. Public holidays are included in this entitlement. All teachers and music instructors will accrue paid leave on the basis of 0.20513 of a day for each day worked in the school session and pro rata for each part day. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_5 For each holiday missed while off on maternity, will I get a day back?
You earn 0.20513 holiday days for each term-time school day that you're on maternity leave, the same as if you were working. Once you've informed your council of your intended date of return, they'll let you know how many days holiday you're owed.
Annual leave shall accrue during the period of ordinary and additional maternity leave. A teacher or music instructor will accrue annual leave, in accordance with Section 5, paragraphs 5.3 to 5.5, during the period of her ML. When an employee has notified the council of the intended date of return, the council will issue a statement of the employee’s annual leave entitlement effective at that date. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 If I'm on maternity during the summer holidays, will I accrue 7 weeks holidays?
You earn 0.20513 holiday days for each term-time school day that you're on maternity leave, the same as if you were working. You therefore will not acrrue holidays during the summer break, as these days are classed as annual leave and school closure days.
Can I use my accrued holidays to return to work on a part-time basis?
We can't see anything written into the SNCT Handbook that mentions doing this. It's possible you might be able to come to some sort of informal arrangement with your school, but you would need to discuss this with your line-manager as the timing of your holidays should take into account the needs of the service.
On return from maternity leave the employee shall take any remaining statutory leave in that leave year. Where it is not practicable to take that leave in full or in part any balance will be carried forward into the next leave year but must be taken as leave. The timing of this leave shall take account of the needs of the service and, in the case of teachers and music instructors, should normally be taken in the term in which the return to work takes place, or within the following term. The balance of annual leave, in excess of statutory leave, accrued during the period of maternity leave shall be taken following the end of the maternity leave period. The timing of this leave is subject to the overriding needs of the service. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 Will my council make me take the holidays I accrued during maternity as pay?
Remaining statutory leave must be taken as leave, but for some of the days in excess of these, possibly. Depending on the needs of the service, you might be asked to take the balance of annual leave (in excess of statutory leave), during school closures.
On return from maternity leave the employee shall take any remaining statutory leave in that leave year. Where it is not practicable to take that leave in full or in part any balance will be carried forward into the next leave year but must be taken as leave. The timing of this leave shall take account of the needs of the service and, in the case of teachers and music instructors, should normally be taken in the term in which the return to work takes place, or within the following term. The balance of annual leave, in excess of statutory leave, accrued during the period of maternity leave shall be taken following the end of the maternity leave period. The timing of this leave is subject to the overriding needs of the service. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 I've accrued holidays during maternity leave, but I'm not returning to work for the same council. Will I lose these holidays?
No, you'll receive them as a payment.
Where an employee gives written notice to the council that she does not intend to return to work at the end of her ML period, the council will make a payment in lieu of leave accrued during the ML period. This is in accordance with the provisions in Section 5, Paragraph 5.8. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_7 Where a teacher or music instructor leaves the employment of a council, the leave entitlement is the number of days leave accrued within the school session less the number of days leave already taken. In circumstances where a termination or resignation immediately follows a period of sickness leave or maternity leave, the calculations may include leave over more than one leave year as described in Sections 6 and 7. Where any balance of leave cannot be taken, the teacher or music instructor will be paid in lieu of leave accrued. https://www.snct.org.uk/wiki/index.php?title=Part_2_Section_5 Warning! This site uses javascript to perform your calendar calculations. Please enable javascript or use a different browser. Thank you 
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