Another maternity question - replies much appreciated

[KateFace]

Hello ladies (and gents),

Wondered if anyone could help with this query?

I work in the education sector and am therefore entitled to quite a decent maternity pay package. The only thing is that I'm currently on a fixed three-year contract. I have been told that I most likely will get placed into another post within the organisation at the end of the contract but, of course, this isn't absolutely guaranteed. I'm currently 6 months into the contract and my DP and I have decided to ttc.

Within the maternity package (which even though I'm on a contract I am apparently entitled to) it states that I would have to return to my post for a minimum of 3 months after maternity pay to qualify (i.e. not pay it back). So my question is this: if I were to fall pregnant in, say, a years time (hope it will be quicker!) and I took 9 months of maternity pay, then I wouldn't be able to complete 3 full months at the end as my contract would run out in this time. Now I've worked out that if I fall pregnant before next Feb then it shouldn't be an issue! But if it takes longer, does anyone know how this would work? Would I have to pay some of it back? Not sure who to ask about this as I don't really want to raise it with my employer as would rather they didn't know I was ttc etc...

Any replies will be very gratefully received!

Thanks :)

Employers are not allowed to treat fixed-term-contract staff less favourably than permanent staff. This ought to protect you from having to pay anything back.

Exactly what happens depends on the exact nature of the fixed-term-contract work, and how it is being funded, and the exact senario can only be worked out between you and HR once you have a due date confirmed.

But a few possibilities: If the work you have been employed to perform has to be completed by a set date e.g. October 2014 and they will have to get someone else in to cover you, and there is no chance of renewal, then the best outcome will be for you to apply for other positions with the same employer when the contract ends (the condition must actually be to return to work for your employer, not returning to the exact same post, as it is entirely normal for roles to change after mat leave). If the contract is renewable then your employer will be obliged to renew it at least for long enough for you to complete your 3 months return-to-work service, and possibly more (non-renewal of a renewable fixed term contract is equivalent to dismissal in law and you would have a strong case for unfair dismissal). If the exact timescale of the work you have been employed to perform is flexible, there is no reason why the term of the contract shouldn't be suspended while you are away and resume when you return, giving you a much longer timescale.

NB the "three months return to work to qualify" will only apply to the DIFFERENCE between the generous mat pay that your employer is offering and the basic SMP which you are legally entitled to if you are employed when you become pregnant, and will not be repayable under any circumstances. Do the maths to find out how much this is - it may not be actually a huge amount of money and may not be hugely worth worrying about given that you are still on the TTC bit of the plan.

I think the 'difference' is quite a lot! I worked for a Local Authority and there was the same 3 month rule...

I am not an expert in emplyment/ maternity rights, but these people are www.workingfamilies.org.uk/ and they helped me MASSIVELY when I had a 'disagreement' with my employer!

Or.... I suppose, if you conceive in say, March, it might be worth your while only taking 8 months maternity leave so that you will be able to complete the full three months?

Good luck!

Thanks for the replies - really helpful. Hopefully it will happen in the next 10 months but if not then this has certainly given me food for thought.

:)