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Contract renewal and maternity leave

3 replies

ChickenRacer · 05/06/2018 14:33

Hi,

looking for HR/legal help please!

I've returned to work after maternity leave, but my fixed term contract only has 1.5 months left on it.

My company's policy is that I have to work three months in order to not pay back the extra occupational maternity pay.

They still haven't told me if my contract will be renewed or not.

If they don't renew my contract I don't have to pay back OMP......but won't have a job and could be that they don't confirm this until basically the day my contract has lapsed! Not much time to look for a new job!

So, I guess I should look for another job just incase. But.....then if they do renew the contract, but I decline as have other job, I will need to pay back OMP. Also I'll be stuck in existing job for more than the required three months in total as we have a long notice period - didn't want to necessarily do this!

Any advice? Confused!
Thanks!

OP posts:
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flowery · 05/06/2018 15:45

Well yes you should look for another job. If you get offered another job and also get offered a renewal of your current contract, you will need to decide which option to take up. If you stay where you are, you obviously won't have to repay OMP. If you leave, you will. Same as anyone else who leaves employment within the three months because they choose to take another job.

"Also I'll be stuck in existing job for more than the required three months in total as we have a long notice period"

I don't understand this. Do you mean if your contract is renewed and you accept the renewal and then subsequently leave? In that case yes you'll be stuck for however long the notice period then is. But otherwise I don't get how you'd be stuck for longer than three months. If you get an offer for an extension to your contract/a permanent contract, it's entirely up to you whether you accept it or not. If you don't, your employment will end in 1.5 months.

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ChickenRacer · 07/06/2018 18:26

Thanks for the reply.

It just seems unfair as if I don’t look for another job I might be unemployed soon, which can’t afford! If I accept another job then I’ll have to pay back OMP, which I can’t afford!

Yes, we have long notice periods, so would likely have to stay until January..... a long time over the required three months!

OP posts:
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flowery · 07/06/2018 19:27

”If I accept another job then I’ll have to pay back OMP, which I can’t afford!”

Only if you are offered a renewal, in which case you could choose to accept it and not pay back the OMP.

The notice period will only apply if you are offered a renewal, accept it and then subsequently decide to leave, surely?

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