Do Supply Teachers Get Maternity Leave?

Navigating your rights as an agency worker, especially around maternity and paternity leave and pay, can be complex. This page answers common questions about your entitlements and helps clarify your position under UK employment law.

Am I an Agency Worker or an Employee?

Your employment status determines your rights at work. Here’s how to identify your classification:

Who is an Agency Worker?

You are an Agency worker if:

• You can choose whether to accept an assignment
• Your agency deducts tax and Class 1 National Insurance contributions from your pay

Who is an Agency Employee?

You are an Agency Employee if:

• The agency gives direction on the hours, days and conditions
• The agency controls what you do, how and when you do it
• The agency provides all equipment required to complete your work
• Your agency deducts tax and Class 1 National Insurance contributions from your pay

Who is an Employee of the End Hirer?

You are an Employee of the End Hirer if (but not limited to):

• The school gives direction on the hours, days and conditions;
• The school controls what you do, how and when you do it;
• The school provides all equipment required to complete your work; AND
• The school deducts tax and Class 1 National Insurance contributions from your pay

Am I Entitled to Statutory Maternity Pay (SMP) as a Supply Teacher?

Yes, you can qualify for SMP even as an agency worker, provided you meet the following conditions:

• You’ve worked for the agency for at least 26 weeks by the 15th week before your baby is due.
• You’re still employed in all or part of the 15th week before your baby is due.
• You earn at least £123 per week (as of April 2024–April 2025) on average in the eight weeks leading up to the 15th week before your baby is due.

How Much is Statutory Maternity Pay?

SMP is paid for up to 39 weeks:

• First 6 weeks: 90% of your average weekly earnings (before tax).
• Next 33 weeks: £184.03 or 90% of your average weekly earnings, whichever is lower.

Can I Take Maternity Leave as a Supply Teacher?

• Agency workers are not entitled to statutory maternity leave unless classified as employees.
• While on SMP, agency workers do not accrue holiday pay or retain job protections to return to the same role. However, you can arrange time off with your agency or re-register when ready to return.

Is My Partner Entitled to Paternity Leave?

Your partner qualifies for Statutory Paternity Leave and Pay if they are an employee (not an agency worker) and meet the following criteria:

• They’ve worked for their employer for at least 26 weeks by the 15th week before your baby is due.
• They earn at least £123 per week.

Can an Agency Worker Qualify for Paternity Pay?

Yes, but not paternity leave. Agency workers can qualify for Statutory Paternity Pay (SPP) if:

• They’ve worked for the same agency for at least 26 weeks by the 15th week before the baby is due.
• They earn at least £123 per week on average during the qualifying period.

What if My Partner Doesn’t Earn Enough?

If your partner doesn’t meet the income threshold for SPP, they may still qualify for means-tested benefits like Universal Credit.

What Happens if I’m Pregnant While on Assignment?

Am I Entitled to Health and Safety Protections as a Supply Worker?

Yes. From the first day of your placement, the agency and hirer must ensure your workplace is safe. Notify your agency in writing about your pregnancy so they can request a risk assessment from the hirer.

What Happens if the School or Workplace Cannot Be Made Safe?

If risks cannot be mitigated:

• After 12 weeks of continuous employment, the hirer must offer you a suitable alternative role.
• If no alternative is available, you’re entitled to be suspended on full pay for the remainder of your intended assignment.

As a Supply Teacher, do I Get Paid Time Off for Antenatal Appointments?

After 12 weeks of continuous employment with the hirer, you’re entitled to paid time off for antenatal appointments, including travel time. Proof of appointments may be requested, except for the first visit.

What Should I Do if I Face Discrimination as a Pregnant Supply Worker?

The agency and hirer cannot refuse work, terminate placements, or treat you unfairly due to your pregnancy. If you feel you’ve been discriminated against:

• Seek advice from your agency or a legal professional.
• Consider contacting ACAS for mediation or support.

What is the Difference Between Statutory Maternity Pay and Statutory Maternity Leave?

Statutory Maternity Pay (SMP):

Statutory Maternity Pay is a financial entitlement for those who meet the qualifying conditions. It provides up to 39 weeks of payments to support you during maternity. Here are the key details:

• Duration: Paid for 39 weeks.
• Amount:
• 90% of your average weekly earnings for the first 6 weeks.
• £184.03 per week or 90% of your average weekly earnings (whichever is lower) for the remaining 33 weeks.
• Eligibility: You do not need to be an employee to qualify for SMP. As an agency worker, you qualify if you:
• Have worked for the same agency for at least 26 weeks by the 15th week before your baby is due.
• Earn at least £123 per week on average during the qualifying period.

Statutory Maternity Leave:

Statutory Maternity Leave is a period of job-protected leave granted to employees so they can take time off work for maternity. Key features include:

• Duration: Up to 52 weeks, consisting of:
• 26 weeks of Ordinary Maternity Leave (OML).
• 26 weeks of Additional Maternity Leave (AML).
• Eligibility: Maternity leave is only available to individuals classified as employees. Most agency workers do not qualify unless they are considered employees of the agency or the end hirer.
• Job Protection: Employees on maternity leave have the right to return to the same job or a suitable alternative, and they continue to accrue holiday pay during leave.

Key Differences between Statutory Maternity Pay and Statutory Maternity Leave

For further guidance or to discuss your specific circumstances, reach out to Flourish Education’s team. We're here to support you through every step of your journey.