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Are there legal limits on how long a maternity cover contract can last for?

4 replies

ShoonaBee · 25/04/2012 19:44

I started a maternity cover contract in early May last year and so by my reckoning am approaching the end of the job but my contract has no end date. If the 'new mum' is or is not returning to her job (I am not privy to this information at this point) does my employer have to give me notice, or perhaps even a new contract at the beginning of May to continue in the post, or can my current maternity contract carry on without limit? As maternity leave itself can only be up to 52 weeks I'm sure my contract must be similar but have been unable to find anything out about it on Citizen's Advice pages or direct.gov. For the record I'd love to stay on in my current post but don't know my rights or how possible that might be.

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weaselbudge · 25/04/2012 19:56

Your contract should by law tell you your notice period, and yes, the employer will have to give you notice if no end date. However this may only be a week for your length of service. You will be entitled to unfair dismissal rights after you have been there one year. See what direct gov says about "fixed term workers". My advice would be to continue doing a good job and to tell your boss how keen are to stay in the role if new mum doesn't return and ask that you are informed as soon as they know the position.

ShoonaBee · 26/04/2012 08:35

Does that mean my contract can roll on indefinitely? (it stipulates a month's notice in the contract). It is really difficult to plan at present, both financially and for childcare as I'm not sure how much longer I will have the job. I have asked my line manager about the near future but she says she is not in a position to say how much longer my services will be required at this point.

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flowery · 26/04/2012 12:56

If your contract has no end date it has no end date. The fact that it happens to be to cover someone's maternity leave has no bearing. Does it not say 'until X returns from mat leave' or anything? Does it even say fixed term or anything?

If there's no end date or fixed term specified, then you're as permanent as anyone else, and once you've completed a year's service you have unfair dismissal rights.

Surely it must be clear very shortly whether the woman on maternity leave is coming back?

ShoonaBee · 26/04/2012 18:06

Fair enough. I'll just keep on keeping on then. I suspect the new mum has asked to come back with reduced hours and they are deliberating on that which is why no one can tell me anything as yet - so I'll wait and see.

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