Nanny maternity leave - do i have to reinstate her?

[vanessv]

Our nanny just started this week on a 6 month temporary contract which has yet to be signed and she advised me yesterday that she is 3 months pregnant and she would like to work until mid Sept. My understanding is that while she won't be entitled to SMP, she will be entitled to Stat Mat Leave for 26 weeks ordinary and 26 weeks additional. Does this mean that I have to reinstate her post when she decides to return to work and remove DD from nursery which is where she will be in 6 month's time? Also, what is the position if she intends to return to work with her own newborn? Do i have to accept her terms? Any knowledge of what her rights (and mine) would be in this situation much appreciated! Thanks

Does the contract have an end date on it? I am wondering if it being a temporary contract it may make a difference to the answer to your questions.

With regard her bringing child to work with her - no you do not need to offer that.

Yes there is a termination date on the contract of mid sept (yet to be signed).

No, you'll be making her redundant at the end of the 6 months.

Or rather she will no longer be your employee at the end of that time.

You will not have to reinstate her as the position will be redundant and you do not have to accept her baby.

I thought if you start a temp contract when pregnant then you don't get any mat leave. That's what happened to my friend. You will no longer be her employer as her contract has run out.

ok thanks everyone, i think that makes it clearer. after sept the position will be redunant because DD will be going to nursery. much appreciated!

Yep - position is redundant so no worries about that, and even if it were not, you have no obligation whatsoever to offer the nanny the option to bring her child to work.