Sick leave or personal leave for sub covering maternity contract

Jane98 · 30-01-2015 11:01am #1

Hi All,

I am curently covering a maternity leave contract and applied for a personal day in my school but Principal told me as I am a sub teacher I just get paid when I work so if I need a personal day I can take it but just won't get paid. He also threw into the equation that likewise if I'm sick I won't get paid.

Can anyone else let me know if this is the case?

sitstill · 30-01-2015 1:22pm

Jane98 wrote: »

Hi All,

I am curently covering a maternity leave contract and applied for a personal day in my school but Principal told me as I am a sub teacher I just get paid when I work so if I need a personal day I can take it but just won't get paid. He also threw into the equation that likewise if I'm sick I won't get paid.

Can anyone else let me know if this is the case?

Hi Jane,

This is correct - as a sub teacher you are only entitled to be paid for the classes that you actually teach. If you miss them, even through illness, then you miss out on the money because they will give someone else paid cover to take your classes.

Some Principals might use the S&S rota to cover you, thereby not needing to pay someone else, but this is not the correct protocol and there is no volition on them to do this.

Jane98 · 30-01-2015 1:46pm

sitstill wrote: »

Hi Jane,

This is correct - as a sub teacher you are only entitled to be paid for the classes that you actually teach. If you miss them, even through illness, then you miss out on the money because they will give someone else paid cover to take your classes.

Some Principals might use the S&S rota to cover you, thereby not needing to pay someone else, but this is not the correct protocol and there is no volition on them to do this.

Ok, so if this is indeed correct, I have taken on the teacher's s&s duties without payment so should I have been paid for them, when I was actually called up?

sitstill · 30-01-2015 1:50pm

Jane98 wrote: »

Ok, so if this is indeed correct, I have taken on the teacher's s&s duties without payment so should I have been paid for them, when I was actually called up?

If you are doing the S&S duty of the teacher you are replacing, i.e. her yard duty or being called-up for S&S rota classes, you will not be paid for this - as since Haddington Rd, none of us get paid for this.

smallgarden · 30-01-2015 6:05pm

If your maternity leave contract is a non casual part time contract you have a sick leave entitlement. It's on astis website. I also contacted post primary payroll and they confirmed this. They're quite helpful.I'm not sure how it works for a personal day. I don't know about s&s. I'm covering a maternity leave and don't do the teachers s&s. My understanding is those who are permanent or on rpt contracts have to do s&s but that's it. I've a set number of hours every week from last September to march.

Jane98 · 03-02-2015 10:32am

In addition, my exam classes are currently doing pres so should I be paid for the classes I normally have teaching them or not?

spurious · 03-02-2015 12:27pm

Jane98 wrote: »

In addition, my exam classes are currently doing pres so should I be paid for the classes I normally have teaching them or not?

Are you not supervising them while doing their exams? That's usually what happens and then you get paid for the 'classes' spent supervising exams.

sitstill · 03-02-2015 12:39pm

spurious wrote: »

Are you not supervising them while doing their exams? That's usually what happens and then you get paid for the 'classes' spent supervising exams.

What Spurious said.

Jane98 · 04-02-2015 9:36am

spurious wrote: »

Are you not supervising them while doing their exams? That's usually what happens and then you get paid for the 'classes' spent supervising exams.

Some but not all.

sitstill · 04-02-2015 10:51am

Jane98 wrote: »

Some but not all.

Well then in that case you'd be best to check it with your P or DP.

smallgarden · 04-02-2015 5:32pm

If covering maternity you're probably on a set weekly amount of hours, most likely on a non casual part time contract.The school will be getting these hours for the person on maternity leave so you should be paid these hours every week. If your class is not there e.g. Trip, mocks etc then you can be asked to cover other classes at that time. In the case of the mocks you should still be paid your normal week
If it's only covering short term, a few weeks, you may be treated as a substitute teacher where you only get paid for the classes you actually teach.

This article explains that those on fixed term contract should be treated same as permanent staff so if permanent staff get paid as normal for mocks then why wouldn't non casual teachers too.
http://www.jmb.ie/299-uncategorised/2571-addendum-to-fixed-term-contracts-for-maternity-leave-sick-leave-adoptive-leave

04-02-2015 8:06pm

Smallgarden is right. If you are covering a maternity leave contract you are classes as a non-casual part time teacher. This means that you cannot be treated any less favourably than permanent colleagues in this time. If your class are not there, you are supposed to be paid regardless, as you have a fixed term contract for the duration of the maternity leave. Check ASTI website. http://www.asti.ie/pay-and-conditions/non-permanent-teachers/what-contract-do-you-have/non-casual-part-time-teacher/ If you're not already in a union you should join one and ask the union rep to check with the principal.

Jane98 · 06-02-2015 11:35am

Another question for you knowledgeable boardies -

Should I have been given a specific contract of employment for the maternity leave cover? I am 7 weeks in and all I have received to date is a letter of appointment.

sitstill · 06-02-2015 12:49pm

Jane98 wrote: »

Another question for you knowledgeable boardies -

Should I have been given a specific contract of employment for the maternity leave cover? I am 7 weeks in and all I have received to date is a letter of appointment.

Not sure what the actual law is on it but I did maternity leave cover in 2012-13 and was given a proper contract.

katydid · 06-02-2015 2:10pm

Jane98 wrote: »

Ok, so if this is indeed correct, I have taken on the teacher's s&s duties without payment so should I have been paid for them, when I was actually called up?

I don't think you should be doing the teacher's S&S duties. Those are part of her contract that she signed up for. You are paid per hour to teach the subject. I'd check that out if I were you.

katydid · 06-02-2015 2:11pm

Jane98 wrote: »

Another question for you knowledgeable boardies -

Should I have been given a specific contract of employment for the maternity leave cover? I am 7 weeks in and all I have received to date is a letter of appointment.

Under employment legislation, you are entitled to a written contract and must get it within two months of starting your job

Sick leave or personal leave for sub covering maternity contract

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