maternity leave and contract question

[kateepie2]

Can anybody help please? I know I should be eligible for mat. leave as I have worked for the requisite 26 weeks, and will be in work at the magic 15 weeks before due date.

My question is: I'm due in October and my contract ends 31 July. SMP dictates that you have to go back for 12 weeks after mat leave if you want to keep the 1/2 pay period. If my contract ends before mat. leave is due to start does that mean my contract automatically gets extended to cover a) the period before mat leave starts and b) the period of mat leave and 12 weeks following.

I'm confused!

That must be new as I handed my notice in when I gave in my MATB1 form so I had and they knew no intention of returning to work. I was entitled to the SMP and didn't have to return any money, but this was in 2007 so may have changed.

Sorry might be more my employer's policy than the SMP dictating. I'm entitled to so many weeks full pay, 12 at half pay and then the rest at SMP. If I don't want to pay back the half pay I have to go back for three months.

Ah right, then you won't have to pay the SMP but you will have to pay the employers extra payments back depending on contract.
As your contract ends before you would start maternity leave, I am not certain they would ahve to extend your contract. You are best speaking to an Employment Law specialist really maybe CAB will help.
Contract law and Employment law are very complex subjects and one persons experience might not give you the answer you need.

From what I have read if you are working on the 15th week before baby is due then irrelevant of if your contract ends after that you will still be entitled to SMP.

However if your contract ends you will I presume be out of work till the baby comes and the earliest SMP can start is 11 weeks before I think.

I'm in a similar position, I'm due 19/08/11 and my contract ends 22/08/11. Il find out what I'm entitled to when I hand my form in next week.

I'm going to speak to CAB too just so I know where I stand.

Keep us posted, and il do the same :)

www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_175884

Still stick to my earlier advice though, best to seek professional advice then you know where you stand.

Thanks for the replies and the link nunnie

Yes please do report back winterlover! Will be telling mine in a couple of weeks after I've had my 12 (13) week scan

You won't get the 12 weeks half pay. They don't magically extend you contract so you can claim more money! Looks like you get SMP regardless though.