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Maternity leave for fixed term contracts

3 replies

Hdgantores · 28/07/2014 15:01

Hi
Are there any legal eagles out there that could tell me how someone would be placed if they are pregnant half way through a fixed term contract that may or may not be renewed at the end of the 2nd year? Are they entitled to maternity leave / pay? Would the maternity pay end when the contract ends and if so would they be entitled to maternity allowance - supposing that the person would be about 13 - 15 weeks in to their maternity leave at this point?

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gamerwidow · 28/07/2014 16:01

if it's nhs they would usually cover maternity leave for the full 12 months regardless of contract end date. don't know how it works for other organisations.

flowery · 28/07/2014 16:06

Is this you?

qualifying requirements for SMP

Once those requirements have been met, the employee gets SMP for 39 weeks from that employer, even if she leaves employment before her maternity leave has even started.

In terms of contract renewal, the employer must not take the maternity leave into account when deciding whether or not to renew. If they would have renewed had she been at work, then to terminate instead because of the maternity leave would be unlawful discrimination.

Hdgantores · 28/07/2014 17:53

Thank you. Not NHS - Higher Education. Very useful.

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