Fixed term contract and maternity pay

[BrightonR]

I am currently only 6 weeks pregnant and hoping I have a sticky bean, but I am trying to get my head around maternity leave/pay.

My contract at my work ends on 31/08 and it seems unlikely that it was going to be renewed pre getting pregnant. My due date is around the beginning of October. I will have worked at this place for 2 years when my contract expires but wouldn't be eligable for any enhanced pay. Would I still be entitled to SMP? Would I have to start mat leave on the 31st August to be eligable? Can you start 5 weeks before due date?

I have googled and I think as I will have worked 26 weeks before I should be eligable? But I will be unemployed the month leading up to it.

As long as you are still employed in the 25th week of pregnancy then you will qualify

OP are you a contractor or on FTC?

I’m assuming employed on a FTC, in which case you will qualify as previous poster has mentioned.

Are you a teacher OP? I'm in the same position, and understand I'll be eligible for statutory maternity leave if my contract is not renewed. I'm not sure about when we'd need to start the mat leave - I don't want to ask HR as I don't want them to know yet.

You'll also be entitled to redundancy payment in September if your contract is not renewed.

@marplemead Yes I am a teacher! I didn't know about the redundancy payment. I saw that after 2 years you are considered to be permanent.

@kittenpeak Yes, a fixed term contract.

Do my work have to pay me and get the money back from the government, even if I don't work there anymore?

@marplemead I am thinking about speaking to the business manager at school at around 12 weeks to clarify. I think she would have to keep it confidential?

School only has to recoup enhanced maternity pay if you don’t return to school but the statutory element stands.

If you're on a fixed term contract you wouldn't automatically get redundancy at the end of the contract (unless it explicitly states this in the contract). You only have a redundancy payout if the reason for the end of the contract is the role being made redundant. What would there reasons be for not renewing the contract?

@marley20 they are overstaffed as they have people coming back from maternity etc and have taken on new teachers as well this year.

@BrightonR if you were a permanent employee, you would receive your entire maternity pay for the year in your final pay check. This may or may not include any enhancements you might be entitled too (meaning - if your school pay above statutory, they don’t have to pay it to you but they might). The school will then claim back the statutory amounts from the govt.

On a FTC, I don’t know if you would get it in your final pay, or if you would have to claim yourself. Ask them.

My company has just dissolved, so I need to claim mine all from HMRC. They send you a form which you post back, and you need to include your MATB1 form, you will get all your money, but they’ve said there is a huge back log because so many people are not havin contracts renewed / being made redundant

Are you doing a maternity cover OP? And are the new staff your school have recruited also on fixed-term contract?

@marplemead It was a training contract as an unqualified teacher and now my NQT year. The other teachers are also fixed term, but I imagine the one who's contact is also up will be favoured for being not pregnant. So long as I am covered by some kind of money I don't mind if I don't go back, although it would be better if there was a job waiting for me!

Thanks for all your responses. Super helpful!

I don't think they can keep on the other teachers who are on fixed term contracts and not you. And they definitely cannot use your pregnancy to treat you less favourably. Are you in a union? I think you might need some specialist advice.