Fixed-term contract stops 2 days before EDD - Am I entitled to Maternity Pay?

[YouthworkersWife]

I'm on a fixed term contract, which stops at the end of March 2011, and my baby is due on the 3rd April 2011.

My employers would be VERY unlikely to renew my contract once they find out I'm pregnant. (To be fair, I can see why ...).

My question is: If I am technically unemployed when I give birth (assumnig that the baby comes when it's supposed to!) does that mean they won't be due to give me any maternity benefits? And if so, would I be likely to get anything from the government Maternity Allowance, since I'll only have been unemployed for a couple of days?

Any help would be appreciated, as I'd like to have an idea of what to expect before I have to approach the HR department.

Thanks in advance,

Youthworker's Wife

How long have you been working with your current employer? What is your work history before that?

There is a set date which is earlier than the edd, if I recall it's somewhere around the 26-28 week mark and if you're working for them then (and have been for 26 weeks) you're entitled to benefit/SMP. Someone will be on here with the proper legal details soon, but it happened to me (twice) so I have some experience.

Congratulations, btw.

I've been with them since the beginning of March, so will easily have done 26 weeks before I get to the 28 week mark.

It just seems a bit strange that they should pay me SMP when they wouldn't otherwise be paying my wages since I (probably) wouldn't be working for them. It would be great if it happened - it just seems a bit unfair on the company!

Yes - as said above, you need to have at least 25 weeks service at the 15th week before week in which baby due. So basically, as long as you're not pregnant when you join, you are ok.

It happens - remember, it isn't really THEM paying you the SMP, they are reclaiming it from National Insurance and it's just a convenient way of paying people.

And finally do remember that not renewing your contract because you are pregnant is discrimination.