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Original poster

Maternity leave and fixed term contract

13 replies

SMummyS · 05/01/2011 15:13

I have just found out im pregnant, i am almost 8 weeks. It wasnt planned due to having a fixed term contract at work.

I am currently working on a fixed term contract It started 1st June 2010 and is due to end 22nd August 2011. My problem is I am due 21st August 2011. I have already started having complications so will be having frequesnt check ups. I have a large cyst on my right ovary which has grown slightly in 13 days and another one has popped up next to it. I have been told by the hospital that although things with the pregnancy are going ok at the min, onces the baby starts to grow this could cause problems such as pain etc.

Im waiting till my 12 week scan when I see the consultant before telling work as a lot can still go wrong.

My question is where do I stand on Maternity Leave? Ive looked online but cant find anything on Maternity leave and fixed term contracts. There isnt anything in my terms that say about maternity leave and fixed term contracts.

If anyone can help id appriciate it

Thanks in advance Grin

OP posts:
Original poster
SMummyS · 05/01/2011 15:44

i should add that my contract wont be renewed at the end as its for the duration of a construction job and my leaving date is when we handover the project to the client.

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flowery · 05/01/2011 17:16

If your contract is ending just as you are going off to have your baby you don't need mat leave as such from that job, obviously, as you would be leaving anyway.

However, you may be entitled to statutory maternity pay. That's purely service-related so whether your contract is permanent or fixed term is irrelevant. As long as you were employed a couple of weeks before you fell pregnant, and as long as you earn more than the lower limit, you should get SMP, which will be paid by your employer even if/when you leave employment.

SMP

Original poster
SMummyS · 05/01/2011 17:25

Thansk flowery I wasnt sure if the SMP would end as my contract ends.

If thats the case i hope they dont think ive done this on purpose :( I was hoping to work for them again on future jobs.

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flowery · 05/01/2011 17:49

No once you've met the requirements to qualify for SMP that's it, it doesn't matter if you leave your job for any reason.

I'm sure they will be fine. You are not leaving mid contract or anything irritating like that. Yes you will get SMP from them but they will be able to claim most or all of that back from HMRC anyway. As your employment will have ended they won't have to pay you holiday pay or any other benefits during mat leave as they would for permanent staff.

Original poster
SMummyS · 05/01/2011 18:45

Thankyou flowery you've been very helpful :)

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Original poster
SMummyS · 06/01/2011 09:38

Bumping to see if anyone else has experience

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flowery · 06/01/2011 09:45

Is there something else? You asked where you stand on maternity leave and I can assure you I am right!

Original poster
SMummyS · 06/01/2011 09:52

Oh flowery I do believe you, think im just scared of having the 'talk' with work :( im not back till 10th Jan so got time on my hands to think.

How would I stand if they say im not entitled to SMP past my leave date? Im just pre-empting outcomes as i hate confruntations so like to be well prepared. Plus Ive already had an unfair dismissal through employment tribunal with a previous employer so just dont want to end up in that position again.

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aftereight · 06/01/2011 09:53

What flowery said.
I was on a fixed term, project contract like you when I got pregnant. My contract was due to finish in Feb but I started mat leave in Dec.
I was paid full SMP, but they paid it as a lump sum, along with accrued holiday pay, at the end of my contract. I also successfully argued to be paid my project completion bonus, on the grounds of equal treatment i.e. I was still employed til end of contract even though off on mat leave for the last few weeks.

aftereight · 06/01/2011 09:57

P.s. Flowery is 100% right in that your entitlement is exactly the same as a permanent employee (Fixed Term Workers regs). I am an HR professional.

Original poster
SMummyS · 06/01/2011 09:58

aftereight ah i see, that makes sense. I think im concerned that id have to start maternity leave earlier than planned due to these cysts. I could manage with a lump sum (very anal with money and savings accounts Grin )

Youve both helped me out as me and DP we're really fretting about money as he's only on agency work as there seems to be naff all around at the min so is doing work as and when people need him, and the main concern was that we'd not have money coming in.

Im just going to have to bite the bullet and tell them after my next scan and consultant appointment

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flowery · 06/01/2011 10:11

If they tell you you are not entitled to SMP they are wrong. It's very easy for them to check the requirements for SMP so I wouldn't worry about it too much. There's no ambiguity about it, there are two requirements, one that you have been employed for 26 weeks by 15 weeks before your due date, and two that you earn enough. It's that simple, there is no additional requirement to remain employed beyond 15 weeks before your due date even.

Original poster
SMummyS · 06/01/2011 10:15

thankyou flowery you've been a big help Grin

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