Fixed term university contract and maternity leave

[Englishrose35]

Hi - was wondering if anyone can help or advise on this although appreciate it is rather niche. I've also posted I'm academic common room in case more familiarity there.

I have a part-time university contract which is a fixed term contract and due to end July of this year. I have been employed full time 2020-2023 and then part time since then to complete my PhD. I am funded by a charity/ external research funder but not a big one like MRC or NIHR. My other employer is NHS which is all fine.

I am pregnant and the due date is literally 2 weeks after my fixed term contract ends. So I would be starting maternity leave before the end of the contract. However I am not very sure whether I will be entitled to occupational or statutory maternity pay for the university side of things.

I have contacted HR and await a response. The policy is not very clear and does not mention definitely extending the contract - I guess the money for this would presumably need to come from the funding body? Are they legally obliged to pay me maternity pay or extend this?

Luckily I will have occupational and statutory maternity pay for my other part time role in NHS. But it doesn't seem right or fair that I won't get any from the university after this time if they don't extend the contract.

Has anyone had a similar situation with the university or funding and can advise?

Thanks

I had the same thing after 2 years and they extended my contract for a year to cover maternity leave. I think after 4 years you'll be in an even stronger position. If you're employed by the university, it's not really your problem where the funding comes from.

Your rights are exactly the same as any other employees, so whatever applies to them applies to you. Whether that is occupational or statutory maternity pay therefore depends on the terms of the contract. If the funding continues then you also retain the right to return to your post or an equivalent. If not and there is a redundancy situation you would be entitled to all the same redundancy rights as if you were not pregnant, with the exception that if there is a suitable alternative position available it must be offered to you (or to someone on maternity leave, if there are more than one).

@Duckyfondant
Thanks for the prompt response, that is reassuring. I understand what you are saying but the only reason I am employed by the university is because of the personal funding award (if that makes sense). So the money would need to come from somewhere and I assume will be the funding body/charity but I am not sure if they would definitely pay occupational maternity pay.

Did you get both occupational and statutory?

It doesn't matter who your funding comes from the policy should be the same for all FTC staff. Our policy states that if you are on a fixed term contract and it expires before your return to work or within 12 weeks of your return to work you don't have to repay occupational maternity leave unless you have refused an offer of suitable employment or your contract has been extended (and you don't come back - so as for other employees in contract who have to work 12 weeks after mat leave to keep OMP).

If your contract is with the University they pay the OMP rather than the funding body. If your contract hadn't expired and you went on mat leave sometimes the funding body pays the mat leave and sometimes it will only cover a replacement whilst you are off (and uni pays the mat leave). However, as far as you are concerned the mat leave comes from the UoM as you are never paid directly from the funder.

@EmmaMaria @timeforachange999 @@Duckyfondant @

Thanks all for the very helpful replies. I hope I get a response from HR soon.

I'm just worried that because my contract will expire soon after I would start maternity leave (a few weeks), that I won't be entitled to any occupational or statutory pay past the end date of the contract. As unless it is extended, the contract will terminate soon after I start maternity leave.

Statutory maternity pay is based on your employment at the qualifying period, which is quite far in advance of your due date. If you’re employed at the qualifying period, and have been employed for the length of time that stat maternity pay requires, what happens after the qualifying period doesn’t matter - they still need to pay you statutory maternity pay.

Not sure on anything over and above statutory, sorry.

This is correct - if you qualify for statutory maternity pay then they must continue that even if your contract ends. Over and above that it depends on what the contract / terms are, but it is worth ensuring that you get the same as anyone else, fixed term or not. They cannot treat you differently just because your contract is fixed term. And obviously, as I said before, if the contract ends they must treat it as a redundancy. You have 4 or so years of service so that is worth something if not a lot.

Hiii,

I am in a similar situation. What happened with your company? Would be good to know!