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NHS fixed term maternity help

3 replies

Alvinne · 01/10/2021 03:16

I've just been offered a new 2 year fixed term NHS appointment and have never worked in the NHS before. I've just had a bit of a meltdown and realised I probably want to TTC fairly soon.

Just wondering if anyone can help me understand NHS maternity entitlement to help me to decide whether to take the offer or stay with my current employer. My current employer offers a better enhanced maternity scheme than the NHS (18 weeks full pay) but the NHS job is a fantastic opportunity and sounds really interesting.

As I understand it you need to have 12 months service by 11 weeks before the due date (29th week of pregnancy) , which I think means that conceiving any time after the 6th month of employment would mean I was eligible for NHS maternity pay rather than just SMP. Have I understood that properly?

I've also read that you need to be able to go back for a minimum of 3 months to avoid paying back maternity pay, but I'm not sure how that works with fixed term contracts, can anyone help?

OP posts:
Ritasueandbobtoo9 · 01/10/2021 03:26

From a manager point of view fixed term contracts are often used to develop roles/project work. If a vacancy arises in the latter part of the project then this role can be hard to fill so the project doesn’t develop into a permanent role. I’m not sure there would be a role to return to after maternity leave so I’m not sure where that would leave you. You have a secure job at the moment which I would be inclined to keep as you don’t need the stress of moving jobs if you are TTC.

SinoohXaenaHide · 01/10/2021 03:57

I'm not an expert on nhs policy specifically, but the answer to your last question will very much depend on the specific role, why it is fixed-term and how your absence is dealt with, as well as how long you are away for as not everyone takes the maximum amount of maternity leave.

Some roles especially in the nhs do technically need to be permanent but the funding for the salary comes from a sourse that is only agreed for a few years at a time. If it's like that then you would end up reapplying for the next 2-3year fixed term contract when this one is done, and your continuous service would be uninterrupted.

Some projects do just have a definite end date though, and if the project you are working on ends while you are away obviously there's nothing to go back to.

Non renewal of a fixed term contract, where a non-pregnant enployee would have had the contract renewed, would be unlawful discrimination, but it is fine for them not to renew, and to make you pay back the enhanced pay, if they can show that thecontract wouldn't have been renewed anyway even if you had never taken the maternity leave.

They are also legally required to give you priority if there are other suitable roles you can apply to transfer to at the end of the fixed term contract in order to be able to return to their employment. However, if no suitable alternative role exists then they are not being unfair or unreasonable to terminate your employment and require the extra money to be repaid.

They can only make you pay back the enhanced element, you always get to keep the SMP.

Don't let this put you off ttc. It can take years for some people and happens at the drop of a hat (or other item of clothing) for others. In your position I would go for the tole, but if you get it then immediately set up a standing order to put a 3rd of your wages into a savings account, right from the start. Everyone lives the lifestyle they can afford on their income (lots of us live a lifestyle that costs about 105% of our income and let debts spiral up) so you can manage your expectations and keep your finances healthy by pretending your income is lower than it actually is. If you do this then you will have at least 15 months worth of savings. assuming you wait till you have been employed for 6 months and then ttc, if you are successful within the first 3 months of ttc then there is no issue, you will definitely be able to return and complete the remainder of the fixed term contract.

If it takes longer than 6 months but less than 9 months you could choose to end your maternity leace 3 months before the expiry of the fixed term and return for 3 months in order to keep the pay.

But if you don't choose to do that, or if it takes longer than 9 months to conceive, then your savings will mean its not too painful to pay back the extra if it comes to that.

Good luck!

Alvinne · 01/10/2021 08:11

Thank you both so much this feeling has come as a bit of a shock to me so your advice is really really appreciated

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