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Original poster

Starting a fixed-term contract when pregnant

13 replies

TippetyTapWriter · 21/07/2014 11:33

Hi, just wondering if anyone had some advice about this. I got made redundant in April. I've just accepted a new job which starts next week, and have also just found out I'm pregnant.

Both things are great news - we've been trying for over a year. The contract though is only 9 months, so I'd be going on maternity leave one month before the contract ends. I understand I won't be eligible for statutory maternity pay, but is it likely that my employer would be OK with me going on leave for a year and then coming back for 1 month?! (And the project I'm working on would probably be long finished by then!) We were also hoping to buy our first house, but now I'm doubting if the bank would take my income into account, which means we probably won't get a mortgage approved. I'm also a bit worried about the stress of starting a new job and trying to "prove" myself while pregnant. It's my first, so I have no idea what to expect or how exhausted/sick I'll feel etc.

It all seems a bit of a muddle right now. Just wondered if anyone had experience of anything similar. Many thanks!

OP posts:
flowery · 21/07/2014 12:02

The reason you won't be eligible for SMP isn't because you are on a fixed term contract due to end one month into your maternity leave, it's because you are pregnant before you start. You may know that but I thought it worth clarifying anyway - don't want anyone reading this thread to think FTC = no SMP!

It's not a case of whether your employer will be ok with you going on maternity leave for a year and then coming back for a month. If your contract is for 9 months, it will finish at 9 months regardless of the fact that you were on maternity leave for the last month of it. It doesn't "pause" while you are off. You are entitled to take a year off maternity leave but that doesn't mean your employment can't end during that time, as long as the reason for it ending is nothing to do with your maternity leave.

The question is therefore more around renewal or other posts. If your contract is one that might be renewed, your employer can't not renew it because you are on maternity leave. If they would have renewed had you been at work, then that's what they should do, while covering your maternity leave in whatever way they think fit.

If the post isn't one where renewal is likely or relevant, then it's about other posts. If there are other vacancies or other projects or similar, you must have access to those in the same way as if you were not going on maternity leave at all.

notaflamingclue · 21/07/2014 12:04

Congratulations!

You wouldn't come back for a month, though. Women are still employed when on maternity leave so your contract will end one month after your maternity leave starts.

In your shoes I'd do my best, work my arse off and pray I don't get too sick and hope that they may offer you something permanent, or at least consider you for other opportunities in the future.

Spindelina · 21/07/2014 15:03

And, to add to flowery's "stuff you probably knew anyway": based on the fact that you were employed until April and you have this job now, it sounds like you will get maternity allowance.

Original poster
TippetyTapWriter · 21/07/2014 15:30

Thanks everyone. I had no idea that the contract would still continue, so to speak, while I was on maternity. That's useful to know! I really don't know about whether they would renew. There was lots of talk during the interview about how they would like to extend the contract if they had the money, but it's a charity and I know the income is never guaranteed.

OP posts:
Spindelina · 21/07/2014 19:50

re the mortgage, you could go and ask specifically about that on the money matters board. I was in a pretty similar situation, but before the new rules came in, so anything I tell you will be out of date.

I started my current job 6 months pregnant. It's been fine.

ThisBitchIsResting · 22/07/2014 15:40

Oh this is helpful - I have just posted a similar question. I am about to start a 1yr fixed term contract and although I'm not currently pregnant, we are trying. So because I'm not currently pregnant, I'd be eligible for smp? The post starts in 6 weeks - what if I fall pregnant before then?

Spindelina · 22/07/2014 15:43

Pretty much, yes. You must have "worked for your employer continuously for at least 26 weeks up to the ‘qualifying week’ - the 15th week before the expected week of childbirth" (here)

Spindelina · 22/07/2014 15:46

If you are pregnant when you start, you need to work 26 weeks before the expected week of childbirth (not necessarily with the same employer) to be eligible for maternity allowance.

ElizabethMedora · 25/07/2014 07:52

SMP is the same amount as Maternity Allowance anyway (isn't it?) and you get MA if you've worked for 26 of the 66 weeks preceding the baby's birth.

flowery · 25/07/2014 08:25

SMP has the first 6 weeks at 90% of normal earnings, which MA doesn't, but then the basic statutory amount is the same.

ElizabethMedora · 25/07/2014 08:56

Thanks Flowery. Out of interest, what if 90% of normal pay is less than MA would be?

flowery · 25/07/2014 09:24

Then that's what you get. You don't get more than 90% at any time. maternity allowance

Spindelina · 25/07/2014 09:59

Another difference is that SMP is taxable, MA isn't.

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