Working during maternity leave
Posted: Fri Apr 29, 2022 3:08 pm
This year, another university asked me to do some teaching for them. The way they did it was I had to invoice them after, rather than being put on their payroll. They've asked me to do it again this year, along with some marking, which will all take place during my maternity leave.
I'd like to do it - the money's not particularly great but it's quite nice to do and actually would be quite good to do a bit of teaching during my leave.
The advice here https://workingfamilies.org.uk/articles ... tal-leave/ suggests that it's ok if it counts as self-employment. I think it sounds like it would because of me having to invoice rather than becoming a temp employee.
I have a few questions though and don't know who I would check it with - my HR or someone external?
1) the website is about stat maternity pay - it's during the period where I'd be paid more than SMP so is it down to my employer's discretion whether they could stop paying me their extra mat pay? The link says 'If your contract normally lets you work elsewhere, your employer cannot have a special clause preventing you from doing so during maternity leave. To do so would be maternity discrimination.' Which suggests not, although maybe they could not stop me working elsewhere but could say they won't pay me mat pay?
2) the area of law around what counts as self-employed seems to be quite woolly. I'm wary of taking this on and then someone official saying it's not SE work - it would be a bit catastrophic if I stopped being entitled to stat maternity pay because of earning a few quid elsewhere! I don't know if there's anyone who could confirm I was SE - would it be down to the uni I'm doing the extra work for?
I'd like to do it - the money's not particularly great but it's quite nice to do and actually would be quite good to do a bit of teaching during my leave.
The advice here https://workingfamilies.org.uk/articles ... tal-leave/ suggests that it's ok if it counts as self-employment. I think it sounds like it would because of me having to invoice rather than becoming a temp employee.
I have a few questions though and don't know who I would check it with - my HR or someone external?
1) the website is about stat maternity pay - it's during the period where I'd be paid more than SMP so is it down to my employer's discretion whether they could stop paying me their extra mat pay? The link says 'If your contract normally lets you work elsewhere, your employer cannot have a special clause preventing you from doing so during maternity leave. To do so would be maternity discrimination.' Which suggests not, although maybe they could not stop me working elsewhere but could say they won't pay me mat pay?
2) the area of law around what counts as self-employed seems to be quite woolly. I'm wary of taking this on and then someone official saying it's not SE work - it would be a bit catastrophic if I stopped being entitled to stat maternity pay because of earning a few quid elsewhere! I don't know if there's anyone who could confirm I was SE - would it be down to the uni I'm doing the extra work for?