Resigning from teaching while on maternity leave

If you are a teacher on maternity leave and decide not to go back, you resign using the normal Burgundy Book dates. You may also have to repay part of your occupational maternity pay. NASUWT says that if you do not return for 13 weeks after the birth, your school or college is entitled to reclaim the part of the pay that represents the 12 weeks paid at 50% of salary. Schools can waive both the notice and the repayment, but they do not have to. This page covers England and Wales, where the Burgundy Book applies in maintained schools.

The notice dates still apply

NASUWT states that the Burgundy Book notice provisions apply to teachers on maternity leave. Typically that means two months’ notice, and three months in the summer term, to leave at the end of a term. The deadlines are 31 October for a 31 December leaving date, 28 February for 30 April, and 31 May for 31 August. The full table, and what happens to headteachers, is in the teacher resignation deadlines guide.

If you miss a date you may have to wait for the next one, unless the school agrees to release you sooner. The early release guide covers how to ask.

The 13-week rule

NASUWT describes the repayment rule like this. If you do not return from maternity leave for 13 weeks, including school holidays and half terms, after the birth of your child, the school is entitled to reclaim the occupational pay that covered the 12 weeks at 50% of salary. The 13 weeks assume you were full time before leave. For part-time teachers it is the equivalent of 13 weeks based on your work pattern.

NASUWT’s page does not say that statutory maternity pay is clawed back, and the teacher maternity pay guide explains the different parts of the pay. How the rule counts the weeks in your own case, particularly if your leave runs over a holiday, is a question for your payroll provider or union.

What the school can waive

NASUWT says the school has discretion to waive the notice period if your circumstances change after the birth. That includes the requirement to complete the notice and to pay back occupational maternity pay. The union expects employers to deal with these situations sympathetically and sensitively, but that is an expectation and not a rule, so ask in writing and give the head your reasons.

Do you have to return to resign?

Nothing in the NASUWT page says you must go back to work before you can resign. You hand in notice on the Burgundy Book dates, in writing, to your headteacher (or the chair of governors if you are the head), and keep a copy. The guidance suggests specifying the date or term when you no longer expect to be employed. The how to resign properly guide has a template.

Timing a decision

The dates run on the term calendar and the repayment rule runs on weeks after the birth, so the two can pull in different directions. A leave that ends in the spring term could mean notice by 28 February to leave on 30 April, or by 31 May to leave on 31 August. Which suits you depends on pay, pension and what the school will agree to. Ask for the figures in writing before choosing. If your school has its own maternity scheme, or you work in an academy, check the contract, because it may differ from the Burgundy Book.

Where the rules differ

NASUWT publishes separate guidance for Scotland and Northern Ireland, and this page does not cover them. Academies set their own contracts. Acas has general guidance on notice when resigning.

What to check

• which notice date fits your leave, and what each would mean for pay
• whether your contract is the Burgundy Book or an academy variation
• the exact repayment wording and how weeks are counted if you are part time
• whether the school will waive repayment, and that this is confirmed in writing
• whether your union can speak to the school on your behalf

The maternity leave guide covers the statutory rights that sit underneath the teacher scheme.