Mat Leave Rights / Entitlement / Do I continue working a chaotic job !

[HumHubs]

Hi, looking for advice regarding entitlement to maternity pay from my employer and my best course of action.

I've worked for a small charity on a temporary contract since the beginning of the year (contract ended in November, at end of project). I'm still on the payroll as I'm owed holiday pay plus extra pay for work I did on another project - but also my boss is very keen to keep me on in a p/t role. I've indicated I'd be open to this and we're going to meet when she's back from holiday in January to discuss.

At any other time I would run for the hills as it's a chaotic place to work and their working practices are...unorthodox to put it politely! However, I'm not going to get another job at this stage and I'm wondering if (for the purposes of maternity pay) it'd be wise to continue with them until I go on leave. Am I still counted as an employee as I'm on the payroll (/haven't been issued a p45) even though my contract has expired? w/c 25th Dec is my 15th week before due date.

Advice appreciated!

Call pregnant then screwed Hr helpline

Being "on the payroll" isn't the same thing as being an employee. You are only on the payroll because they owe you money for work / holiday relating to the period that ended at the end of November. You are therefore not now an employee, your continuous service is broken, and if there is work in January that will be on a new contract. It isn't uncommon for people to receive payments after their contract terminates - in fact it is very common.

I am still tying up some loose ends for the project this month though and the project grant has been extended by one month, so I wonder if it qualifies as a continuation (from gov.uk on renewing or ending fixed term contracts: 'If an employee continues working past the end of a contract without it being formally renewed, there's an 'implied agreement' by the employer that the end date has changed.')

Haven't you got to be an employee for two years to qualify for maternity leave?

@Needanewnamebeingwatched No, that’s redundancy.

Anyone is entitled to maternity leave. For stat maternity pay, the qualifying week is as OP indicates.