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Fixed term contract and maternity situation

3 replies

madchad · 06/02/2006 23:22

I wonder if anyone could help with some advice or thoughts about my current employment/maternity situation please?

I have a very complicated working situation which includes a day a week on a fixed term contract, that was originally for 1 year and was then extended by 3 months. I am pregnant, with baby no3 due this summer. The employers did not know that when the contract extension was offered, and as I was only just pregnant I didn't want to say anything until I was out of the danger zone. DH was out of work at the time, and with 2 under 3, I gladly accepted the offer of a continuation of that day's work.

I've just received my Maternity pack from the organisation, which states clearly that if a fixed term contract finishes after the 11th week before the baby is due, they will extend my contract to enable me to take my maternity leave. I fall within this zone by less than a week, and wasn't aware of any such situation when I accepted the extended contract.
Do you know if they are obliged to do this/must they do this?
The concern I have is that I already work for these employers a day a week on a permanent basis, and that if I bring this matter to their attention, it will jeopardise the future of the permanent day, or I will get a reputation as one of those women who abuse maternity rights. I am hoping that they will spot it and come to me, but am really not sure what to do next. My immediate boss is very nice, but quite new, so I can't be sure what the reaction will be, however I do feel I need to check this out and have a discussion with her, or HR.

OP posts:
ChicPea · 07/02/2006 00:41

I am too tired to think straight but you could ring acas (google the number) or equal opportunities on 08456 015 901. good luck

rickshaw · 07/02/2006 13:16

madchad - i'm also too tired to think straight so I can't work out if you're saying that you fall within the entitlement by one week or outside of it by one week.

But the answer is that, if you are still employed at the magic qualifying date, your employers are obliged to keep paying SMP even once the contract ends. This isn't quite the same thing as extending your contract (which might give you rights over and above SMP). In other words, legally, your contract can end but the SMP must continue.

I think they may have got the qualifying date wrong though - isn't it the 15th weeek before the baby is due? I will look it up if you want and if someone doesn't come along with the answer in a mo.

madchad · 07/02/2006 23:35

Thanks for the advice ChicPea and rickshaw.

I will be calling my own trade union later this week when I can speak in private (ie from home)
The 1 day extra contract bit ends after the start of the specified 11th week. The Maternity Alliance website seems to spell out how to count that, assuming it's accurate.
I too thought it was a 15 week cut off, but have checked several other websites which seem to concur that it's the 11th week that matters for FTCs(I assume that's because that's the earliest you can start Mat leave, as opposed to the 15th week which is more about the qualifying period for things like pay)

The extra mat. pay would be a nice and very unexpected bonus, but it's not an expectation on my part. I am expecting to work the regular day plus my other two days elsewhere,right up to the due date, when the 1-day contract has already ended.As you say ricshaw, thed pack does clarify that the extension is for the sole purpose of enabling Mat pay. I have very good Mat benefits as I work for the NHS!

I will update this when I have clarity in case my experience helps someone else-you never know!
Thanks once more!

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