Temporary Contract

[user1465770502]

Hello

Im on a temporary contract of 24 months - there is a possibility this will end after 24 months and also that it might continue.

Does anyone know if I was on maternity leave during this period what would happen?

Say I had a baby 6 months before the end of the contract?

Im a bit confused trying to work it all out...

Any ideas?

From very vague memory this happened where I work a number of years ago with a lady who was fixed term. Her contract ended but the company had to pay her statutory maternity pay until she decided to end her leave (I think she ended it at 39 weeks). This is probably about 5 years or so ago though so things might have changed.

Thank you

Its just so tricky as I don't know where I stand and have only recently started in this post but am wondering whether id be better to look for another permanent post before we start TTC - the other thing is though that I am ready for it taking some time so the 24 months could end whilst i am pregnant even...

so many decisions to make!

If you got pregnant pretty quickly then you would be entitled to the statutory maternity rights and pay of any other employee as you would have 26 weeks service at the 15th week before expected eeek of confinement (EWC) so around week 25 of pregnancy.

If you got pregnant near the end then it would depend how far along you were by the end of the contract. If you were only 4 months then tough, if you were at 29 weeks then they would have to pay you the 6 week average pay and SMP.

@umizoomi would they still have to pay me the maternity pay if my contact was due to end before I was due to return from mat leave? Say I fell pregnant in march and so gave birth in December but contract ended in June 6 months later?

Yes I believe so. Its not about the contract ending whilst you are on mat leave it's about where you are in the contract on the relevant qualifying dates. I worked with someone who was made redundant whilst pregnant, however she still received all of her mat pay as she was 31 weeks pregnant when this happened.

You would only accrue holiday up to the contractual end date rather than the whole period but mat pay is covered. I will see if I can find a link for you

www.gov.uk/guidance/statutory-maternity-pay-how-different-employment-types-affect-what-you-pay#agency-workers

Here you go. This talks about agency workers and they are treated the same as employers as long as they meet the qualifying criteria which are essentially that you have 26 weeks continuous service and are on the payroll in the 15th week before the baby's due date, and that essentially you earn enough (which is the same for all PAYE workers)

Fixed term contracts direct with an employer (not an agency) offer the same protection as a permanent employee so whatever this staff get so would you, but essentially the main criteria for all employees is what I have said above

So, if you got pregnant in September 2018 and your contact expires in June 19 you would be fine. If you didn't get pregant unti March 19 then you wouldn't get SMP

Thanks so much @umizoomi I just need to work out whether it would just be stat mat pay or occupational mat pay too as if I didn't get that I'd look for another job I think - I work for the local authority so I want to make sure I can stay! i my contract ended and I wasn't having a baby I think I'd find another role easily but applying for other roles either during mat leave or heavily pregnant I might not be as appealing as a candidate!

Trying to plan it right!