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Accruing Holdiay Pay - Temp

(9 Posts)
flowerytaleofNewYork Mon 10-Dec-12 16:05:25

I take it you are a temporary employee on long term contracts rather than an agency worker? Just thought I'd better check, although long term 6 month contracts would normally be with the employer.

flowerytaleofNewYork Mon 10-Dec-12 15:55:13

Don't know what general rules you have been looking at, but temporary status makes no difference.

This link might be useful.

Scroobius Mon 10-Dec-12 15:04:23

Oh okay, I'll have to speak to them about this then; I was looking at the general rules for maternity leave which said temporary workers had no entitlement but I suppose that it makes sense for it to be different since my temporary role is actually an ongoing thing.
Thanks for your help; looks like I've not quite been told the whole truth about the employment situation!

flowerytaleofNewYork Mon 10-Dec-12 11:10:34

You do qualify for leave, everyone does, even if you've only been there 5 minutes.

If they don't renew your contract and instead terminate your employment because of your pregnancy that's illegal, unfair dismissal and discrimination. There's no reason they can't renew your contract and recruit a temp replacement at the same time, and that's what they should do.

If they treat you less favourably than others, or less favourably than they would have done, because of your pregnancy/maternity leave, that's illegal.

How long have you been there?

You need to make sure you are aware of your rights. If the post was ending anyway at the end of your contract, fine, but if the post is still there it should be yours when you want to come back from maternity leave.

Scroobius Mon 10-Dec-12 11:05:42

Well because I'm a temp and technically the contract that is signed will run out during my 'maternity leave' (I don't think I qualify for leave as such, just pay) I haven't really queried anything about coming back to work. I sort of figuured I'd have to find another job once my pay ends.

flowerytaleofNewYork Mon 10-Dec-12 10:38:01

"if I wasn't pregnant it would be a case of unless I did something worth sacking me for my contract would just be continually renewed"

Being pregnant isn't something worth sacking you for, so if your contract would otherwise be renewed and they don't because of your pregnancy, that will be illegal discrimination. So what you are entitled to is a contract renewed as usual, with holiday throughout your maternity leave, same as anyone else.

Do you actually know they plan not to renew it? Have they actually told you that?

Scroobius Mon 10-Dec-12 10:16:19

Yes the post itself will continue just without me in it, if I wasn't pregnant it would be a case of unless I did something worth sacking me for my contract would just be continually renewed.
I'm not particularly in need of the money, it would just be a nice bonus even if it was only until the April. I didn't want to ask the agency about it withough having an idea of what I should be entitled to!
Thanks for the help.

flowerytaleofNewYork Mon 10-Dec-12 09:52:19

Your temporary status makes no difference. While you are employed, you continue to accrue holiday and are entitled to other contractual benefits throughout maternity leave.

If your employment ends, you don't obviously accrue holiday or get any other benefits, but if it's a long term position then presumably it would be renewed anyway, wouldn't it? You say they'll need to cover your maternity leave, so the post presumably is continuing?

Scroobius Mon 10-Dec-12 09:20:29


Just wondering if anyone can tell me how the accruing holiday pay works if you were on a temp contract anyway during maternity leave? Does this happen or not? It was a long term position and they will be having to replace me at the company I am placed at now. The contracts run at 6 months at a time so since it was last renewed in October I suppose it would finish in April and I start maternity leave in February.
Would I accrue no holiday pay at all, just until April or right until the end of my maternity pay?


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