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Maternity leave and fixed term contract

6 replies

SMummyS · 05/01/2011 15:15

I have just found out im pregnant, i am almost 8 weeks. It wasnt planned due to having a fixed term contract at work.

I am currently working on a fixed term contract It started 1st June 2010 and is due to end 22nd August 2011. My problem is I am due 21st August 2011. I have already started having complications so will be having frequesnt check ups. I have a large cyst on my right ovary which has grown slightly in 13 days and another one has popped up next to it. I have been told by the hospital that although things with the pregnancy are going ok at the min, onces the baby starts to grow this could cause problems such as pain etc.

Im waiting till my 12 week scan when I see the consultant before telling work as a lot can still go wrong.

My question is where do I stand on Maternity Leave? Ive looked online but cant find anything on Maternity leave and fixed term contracts. There isnt anything in my terms that say about maternity leave and fixed term contracts.

If anyone can help id appriciate it

Thanks in advance Grin

OP posts:
prh47bridge · 05/01/2011 15:39

You are entitled to maternity leave in exactly the same way as any other employee. The fact you are on a fixed term contract makes no difference at all.

By the way, non-renewal of a fixed term contract is, in law, a dismissal. If your employer refuses to renew your contract for reasons related to your pregnancy and/or maternity leave, that will automatically be an unfair dismissal and could also give rise to a claim for sex discrimination.

SMummyS · 05/01/2011 15:43

The contract ends then as thats when the construction job is complete so the contract wont be renewed anyway.

Would maternity leave with the company end the day my contract ends?

OP posts:
prh47bridge · 05/01/2011 17:39

Yes

BetsyBoop · 05/01/2011 17:54

just to add to this - the employer usually still has to continue to pay SMP to you until the end of your SMP pay period (which covers 39 weeks), even if your contract has ended.

from what you have posted you should be entitled to SMP (but if not check to see if you can get maternity allowance)

The other thing to note is that employers can only "force" you to start your maternity leave at the 36weeks point (not before) if you are off work with pregnancy related illness. Worth thinking ahead if you are anticipating that it is likely you will be taking time off because of complications & you get paid sick leave, probably no point starting your maternity leave before 36 weeks!

SMummyS · 05/01/2011 18:42

Thankyou for your reply. I don't get paid sick leave so I'd have to see how I got on.

OP posts:
SMummyS · 06/01/2011 09:38

Bumping to see if anyone else has experience

OP posts:
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