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Original poster

Help with maternity pay as a contractor

15 replies

Cheeser · 12/01/2011 19:31

hi there

I am on a fixed term contract and DP and I want to start TTC. I've heard - and got advice on here to the effect that - once you've been at a company for a certain time (six months usually) you get the same benefits etc as a permanent member of staff with regards to maternity pay etc.

I emailed the union and was told that they weren't an expert on employment law, and that to be sure, I should check with my HR department.

If I send them an email, even if I stress it's a hypothetical question, surely they'll just not renew my contract? It's up for renewal in May. There's only one person to contact about this, so if I ask her now, she will be the person processing my contract in a few months' time.

I know it's probably illegal to discriminate based on pregnancy, but if I don't tell her that I'm pregnant she will infer from my query I'm thinking about it - so therefore she could still be within her rights to make it known I enquired about maternity pay?

And just how uncommon is it for a company to refuse to pay any mat pay to contractors? Is there a good chance of getting it anyway? For peace of mind I suppose I should bite the bullet and ask, but I'm scared they'll not renew my contract and then I'll need to find a new job, and delay TTC

Can anyone help?

I also have another thread running in Conception which I've resurrected with this query...

OP posts:

flowery · 12/01/2011 20:02

ROFL at union saying they are not experts on employment law. How helpful. I'm sure they are very effective in negotiations..

By 'contractor' it sounds as though you mean 'employee on a fixed term contract', is that right?

If you ask someone in HR she would have to be completely stupid to do anything to jeopardise your contract renewal because of your situation, however I understand your concern.

In terms of Statutory Maternity Pay, to be entitled to that you need to a) earn enough and b) have been employed for 26 weeks by the 15th week before your due date, which basically means don't get pregnant until you've been at the job a couple of weeks.

In terms of any enhanced scheme the employer offers, you need to check the terms and conditions of that. Do you really have no access to maternity policy other than directly asking?

Original poster

Cheeser · 12/01/2011 20:14

Yes I also thought that about not being experts, very helpful indeed.

I've seen the maternity policy, it's freely available, but says 'for employees'. It doesn't distinguish between fixed term contractors (yes you're right this is what I'm on) and permanent staff.

They do pay an enhanced package - which is quite good I believe, think it's six months full pay then three months half pay. But nowhere can I find out whether "for employees" includes those on a fixed term contract. It says you have to be there for a min of one year to qualify (I will have been there for one year from May so fine on that score) and have been employed for 26 weeks by the 15th week before your due date but it doesn't even specify whether this is from the one year point onwards, if you see what I mean.

OP posts:

flowery · 12/01/2011 20:40

An employee is an employee, whether the contract has an end date or is open-ended/permanent, so if you are employed by them directly, and there are no restrictions in the policy then you should qualify for their scheme.

hairyfairylights · 12/01/2011 21:39

Quite good? Blooming amazing is more like it! I am jealous! Looks like you're covered and eligible then. Good luck!! :)

Original poster

Cheeser · 13/01/2011 07:58

Thanks flowery (and hairy) - so you don't think I should email HR to confirm? I'm just petrified of getting pregnant and then work saying that I'm not eligible for anything - it would be rather disastrous.

OP posts:

flowery · 13/01/2011 08:56

Read through the mat policy with a fine toothcomb. As long as there is no reference to fixed term employees being excluded in anyway or dealt with differently and as long as you will meet all the terms and conditions placed on their enhanced scheme then you'll be fine.

It's usual to have a condition that employees need to return to work for x amount of time after their leave to avoid paying it all back, so you need to be sure your contract will last long enough for you to do that if there is such a condition on it.

Original poster

Cheeser · 13/01/2011 15:38

Def no reference to fixed term employees. The only thing it says that could bring some doubt (after a re-read) is that it says: "The Company provides up to 52 weeks maternity leave to all female members of staff with at least one continuous year of service" - key being the word continuous, I've technically had two different contracts although they have run into each other, I've not had a calendar day not working for them.

God, I'm going to have to ask aren't I

Am I correct in understanding that if I get pregnant and they decide I don't qualify, I'll only get SMP? Which is 6 weeks at 90% then 33 weeks at £125 a week?

OP posts:

Original poster

Cheeser · 13/01/2011 15:40

I'm just really cross with the union, surely this is the sort of thing they should know, and be able to advise me on properly, rather just saying they're not experts

I'm now in a really awkward position. Just praying my period arrives next week

OP posts:

flowery · 13/01/2011 16:59

If your contracts ran into each other with no gap then you have continuous service, so don't worry.

Union are rubbish by the sounds of things.

Original poster

Cheeser · 13/01/2011 17:13

Thanks flowery. Think I'm panicking. Would you really go with it on that basis? Do you think I'm being paranoid to want to check?

I've sent another email to the Union woman asking if I join the Union would they send an email on my behalf (anonymously) asking the question and outlining my position. They may well be able to guess who it's from but I can't help that. If she says no, they won't do it even if I join, I will consider sending the the email myself...

OP posts:

tomatoplantproject · 14/01/2011 13:16

Am just putting a different hat on here... it sounds in principle like you would be entitled to the enhanced pay. I'd also think through some of the implications.

You're on a fixed term contract. Are they likely to extend it? If there is a genuine reason for them not to renew it then you may have to consider that strongly. I would attempt, at the next contract renegotiation, to get a permanent contract and then start ttc, if you can wait that long.

Their maternity pay is amazing by the way.

Good luck!

Original poster

Cheeser · 14/01/2011 13:52

Hi tomato, would you mind if I sent you an inbox message?

OP posts:

tomatoplantproject · 14/01/2011 14:10

yes of course you can

domeafavour · 19/01/2011 11:21

hi
who actually pays your salary, are you paid by the same company? do they pay you directly.
I am in a similar situation but I am consulting, goes through a consulting co, so I wouldn't be eligible.

Is there anyone friendly/had children/ might know, that you could ask before you ask HR?

If you're not eligible, you might get maternity allowance which was about £112 a week a couple of years ago, but not sure if it has been affected by the recent cuts

Original poster

Cheeser · 19/01/2011 11:48

Hi domeafavour. I am paid directly by my employer, I've never had anything to do with an agency at this job. Started doing work experience and was offered a contract, which has now been extended twice. I'm fairly sure I'll be ok. Tomato has been lovely and helpful (thank you so much ) and my friend knows an employment laywer and I've sent her my contracts and a copy of the maternity pay policy so hopefully he'll be able to help too.

DP thinks we'll be fine whatever happens, even if I don't qualify, so we're just going with the flow, and que sera sera!

OP posts:

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