Contractor, do I have any rights to Maternity Pay?

[Merryoncemore]

Hi, thanks for your time.

Currently working as a contractor with my current contract due to expire 3 weeks before my due date. What if any rights do I have to maternity pay, how long does it last and what do I need to do to make it happen?

Any advice gratefully received.

Not sure so I don't mind being shot down in flames but Dh is a contractor he gets nothing. NO pension, no sick pay so I wouldn't think you would get maternity pay BUT this might depend on how long you've been there? (Dh is usually 6/12 month contracts) I would assume this would be because you're self employed?

Hi Muppetgirl,

I'm not expecting maternity pay from th ecompany that I am currently contracted too but as I pay NI etc I'm wondering whether or not I get statutory from the goverment.

I know how your husband feels and I'm hoping this pregnancy will be hassle free because sick day's are not an option!

You should get maternity allowance, assuming you dont qualify for SMP. Lots of useful info from Maternity Alliance (sorry, dont heve link). I`m self employed and I got this.

Merry if you could be classed as a worker then you get SMP same as anyone else, have a look at the definition.

Have a look at this about deciding whether you are self-employed or employed, being a 'contractor' doesn't necessarily mean you are self-employed for tax and employment rights purposes.

Apologies if you have already investigated all of this, but always worth putting it, lots of 'contractors' would actually be entitled to employment rights if they look into it.

If not, you may be entitled to maternity allowance.

As a contractor you wont be entitled to claim maternity from your employer, however you will be entitled to SMP from the government. If you have your own company weith you as director then you can claim the SMP in one lump sum and spend it all on cutebaby oufits and coffee and cake whilst on mat leave pay it to yourself as you see fit.

Your management company should be able to advise?

I'm mostly confused as I get paid through an agency & pay an umbrella company to do my tax etc therefore I am really unsure about my classification. Worker, self employed, contractor? You'll be glad to know that I do know I'm not a ltd company but thats about it!

Have a look at those definitions I linked to, there are some questions to answer with regard to your relationship with your 'employer', might give you a clue?

Speak to your umbrella company - they will be able to advise. You will definatley get mat pay of some sort - think its 85% of your wage or £105 a week, which ever is the least. Sounds like you are a contractor to me - you dont work in telecoms by any chance do you?

No that other great contractor hole of IT consultancy. This however has been my first contractor role after always previously been employed and my first pregnancy hence the big black hole in my knowledge.

I've emailed my Umbrella company and I'm hoping that they will have some definite answers for me.

From your name geordiemacminx, I'm thinking we might both be poor Scottish souls currently in the North East of England?

Other way round here, originally from Durham, living in Glasgow. Whereabouts are you?

Originally from Glasgow, living in Washington. Yep the move to the "burbs" was a shock to the system!

I used to live in C-l-S?

Ah, at least there is a town centre of sorts there, nothing that flash in Washington. What I'd give to be able to but a tin of beans without taking the car!

My friend used to live in Blackfell or Ayton or Lambton....or somewhere.. we used to drink in Chevvy's or the Apple tree? I know what you mean about Washington though - its a bit like Livvy...

I'm spitting distance from the Cherry Tree so it won't surprise you to know that the other thing I miss is a decent pub. Not much of an issue right now but usually I would sell me soul for a Rab Ha's or Clockwork within stumbling distance.

On the plus side I now get to have a garden and a child neither of which would have happened if I'd still been single in Glasgow. So it's not all bad

It is a bit grim... I vaugely remember what a pub looks like... have ds who is 8 months. When are you due?

Oh Geordie, not until August. I'm along way from the celebration glass of Champagne and I got to be designated driver all Christmas & new Year whilst pretending I was on antibiotics as the family don't know yet. Well they don't know if they are both blind & stupid which their not so I'm guessing the've guessed.

It really will fly by... I worked up until 2 months before C was born. My one piece of advice would be use your time off before the baby is due doing nice things for you - reading, shopping, drinking coffee and eating cake in Starbucks, long baths and lie ins. You dont realise how nice they are until they have gone forever!!!