Maternity Leave Advice

[Kranky123]

Hi all,

We are thinking of having a baby and are both very excited about this!

One thing though we have thought of is about maternity leave.

I am on a fixed term contract that ends in July 2018. It was renewed last year and I would be equally as confident that it would be renewed once more.

However, my problem is this.

If I were to fall pregnant, say in September this year. That would be a June due date.

Last year my contract was renewed in June. So I could theoretically, reach my due date next year and still not have had it renewed.

If this were the case, would I still be able to say to my employers that I planned on taking 6 months for maternity leave before my due date? Even though my contract wouldn't have actually been extended at that point.

How would this work?

Hope this makes sense!

Thank you

If they didn't renew you would still be entitled to maternity allowance, which is worked out by how much you earned during a test period (£30 per week out of 13 in the past 66) before your maternity is due to start. As you were in regular employment you would likely qualify no problems and so you'd receive that.

You would be eligible as someone who 'recently stopped working' I'd guess, according to the below:

Properly explained info here - www.gov.uk/maternity-allowance/overview

You would need to file this paperwork yourself rather than your employer. However if they intend to renew, you may be entitled to maternity with them. Either way though you will be entitled to maternity pay of some sort, either via them as per the terms in your contract or maternity allowance.

@Kranky123 PS. That's not to assume they wouldn't want to keep you on! When I say 'someone who recently stopped working' I'm saying in the event they didn't renew / your contract doesn't entitle you to SMP so you're better off doing this and then going back after.

Can I ask for 6 months off before they renew my contract?

@Kranky123 That I'm not sure about sorry!

I know it's against the law to fire someone etc for being pregnant but am not sure if they would be allowed to take your pregnancy into account when renewing a contract. I would 100% get sound advice on that / check your contract and employee info available before letting them know anything.

www.workingmums.co.uk/advice-and-support/maternity-rights-and-contracts-ask-the-expert/

If it were me I would start trying in March and hope it happened quick and I didn't show early. Not tell work until after contract renewed in June. Then announce pregnancy with a Nov/Dec (?) due date and a planned return to work late May, in time for another renewal in June.

Obviously they aren't allowed to discriminate against pregnant women, but employers do, all the time. It would be naive to think they won't.

You can't start maternity leave until 11 weeks before your due date.

If you were employed there during the week 15 weeks before your due week you'd be entitled to mat pay regardless of whether they renewed your contract or not.

You gain additional rights after 2 years employment which they may be keen to avoid whether you are pregnant or not.

I think I've confused people.

What I mean is:

Contract ends in July 2017. Should be renewed.
If I was due before it was renewed, how does mat leave work?

How can I say I'll be off for 6 months for example, if I haven't signed a new contract?

@Kranky123 It depends what they say I think. If they are going to renew you would take your maternity and it would run into the time when the contract was renewed.

If not, you would need to claim maternity allowance.

If the contract is renewed then it would be as if you were permanent.

If contract is not renewed, and the dates worked out, you'd receive your mat pay in a lump sum biut not return (as your employment would have terminated).

If not, you would need to claim maternity allowance.

Not if she was in their employment in her 25th week of pregnancy and met the earning requirements for mat pay.

You mean July 2018, right?

July 2018, oops haha!

I'm certain it will be renewed.

But if I'm due in June 2018 for example, before it is renewed, how could I ask for time off? I wouldn't be contracted that far into the future.

See my above post. They'd need to sort it out before you went off.

But don't bet on them wanting you to have more than 2 years' service.

If your due date was June and your contract ended in July and your contract was not extended then you would take a month of maternity leave and would then be paid the rest of your maternity pay as a block. Your contract wouldn't somehow be extended automatically.

I would do as an above poster suggested and start trying in March with a view to telling them once your contract is renewed. However the flip side is that if your contract is not renewed then you are searching for a job when 3/4 months pregnant. Whilst employers cannot discriminate and you wouldn't have to tell them at that stage, you may show and they might not want to employ someone who would be going off on mat leave.

I think it might be better to make the decision without the what ifs and work with the facts that you've got. You cluld start trying to find something perm before you get pregnant or save a buffer to fall back on.

I still don't think I have the answer to the question haha!

Last year my contract was renewed in July.
If I was due in June next year and it had not been renewed by that point, how would I be able to put mat leave into place?

Technically I would only have 1 month left, though I am 99% confident I would stay on.

My issue is how mat leave would work before the signing of a new contract.

If they genuinely want to keep you on and have you back after your maternity leave then they will arrange a renewal of your contract before you go off in June.

However, they may decide to that your contract has run it's course and let it expire naturally. In which case you will have to apply for maternity allowance (not a big issue in itself) but have no job to return to after baby is born.

What's with everyone taking about maternity allowance? That won't apply if the OP earns more than £145 (ish) per week and is employed during her 25th week of pregnancy.

If your contract is not extended then you do not have a job and are not entitled to maternity leave because there is nothing to take time off from. In the event that your contract was not extended your work would probably arrange for your maternity pay (smp) to be paid as a block with your last salary payment and any owed annual leave. You could take maternity leave for the time that you are employed up until the end of your contract. On this basis, if for example you chose to start your mat leave on 1 June, you would get nearly 2 months mat leave and then a block payment of 7 months mat pay. You wouldn't have a job to return to.

I know you say you are 99% certain and you know them best but I've known many people not to have their contracts extended when going on mat leave. No one is indispensable, i mean that with kindness.

So if my contract ended 31st of July, and had not been renewed at the point of me wanting to go on mat leave, then I would only be able to take leave up until the 31st of July?

So essentially, I would need the contract renewed before I was planning to go on mat leave?

EDIT: What if it is renewed afterwards? Can I extend mat leave that way?

So I agree to take mat leave until 31st of July. Then when the contract was extended, I could extend my mat leave?

They would have to sort it out before you start mat leave. I'm not sure how much clearer we can be.

What was your start date?

I started in September 2016.

If they extend you beyond 2 years (including any accrued leave) you become entitled to redundancy pay if they then end/don't renew your contract. I'd be amazed if they wanted that.