Fixed term contract

[wontsomebodythinkofthechildren]

I was employed on a fixed term contract to cover a maternity cover teaching post last February. It was initially advertised as ending 23rd July 2021. They then asked me if I would stay on until February half term this year as the teacher had decided to take the full year. I agreed but despite chasing it several times I never received a new contract.

I then applied for and got a new position in December and although I believe I could have given notice and left for January as I can see in my original contract I was only legally obliged to give 2 weeks notice, I stayed and saw out the rest of the contract as it was the right thing to do morally for the class and the school. They did offer me a permanent post but only after I'd already applied for something else and I was looking to change roles somewhat although still in teaching which new job is.

So my last day was the last day of term before half term holiday and my new position starts on Monday after half term, which is also when the teacher I was previously coving returns from maternity leave. I'm panicking now that I won't be paid for half term in my previous role. Single parent so not exactly flush and my garden fences blew down yesterday and I've lost several roof tiles so guessing I'm going to have some big expenses over the next couple of weeks

I have no contract for the extension as mentioned above so I don't know what they put my official leaving date as but given how they advertised originally it seems they are trying to avoid paying for holidays... does anyone now the legal requirements re fixed term contract pay?

I'd be surprised if the teacher on maternity wasn't returning at the start of the half-term holiday - they are entitled to return on a date of their choosing, and why wouldn't you want full pay for the holiday if it was available. So that would probably mean that you won't get pay for half-term, I'm afraid. It's one of the pitfalls of maternity cover posts - the postholder will almost always return at the start of a holiday, so you never get that holiday pay. In a way, you are better off than if she'd returned at the start of the summer holiday, which would have left you with a six week gap.

Sorry not to give you better news. Do check as soon as you can that the new school has your details in place for the next payroll, and if there's any chance that you will miss that, ask about an advance.

Ianthanum is exactly right. In my career I undertook several fixed term contracts for maternity absences, and the teacher on maternity always timed their return to just before a holiday. At least this is only a week, not the 6 week summer holiday!

Thank you for your replies. Although it was advertised until July I always knew it would be longer as it was a first baby and she was always going to take the year so I'm not sure why they advertised it for less.

Just to clarify though she didn't return before the holiday so is there any chance I could be covered for half term?

If you don’t have a contract for the extension that has and end date of the end of the holiday, I think it’s unlikely you will be paid for half term I’m afraid. The post holder has probably put the first day of the holiday as their return date, they don’t need to return at all before the holiday to be paid for the holiday.