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Temporary work/pregnancy/Rights/benefits etc!!!

10 replies

SeaShellsOnTheSeaShore · 24/05/2010 09:49

I don't seem to be able to find on directgiv anything that clarify temp workers and pregnancy, so am hoping you lovely ladies can help!

I am 21 weeks pregnant, amd employed on a temporary contract through an agency (technically "my employer" for paye tax purposes). It is a rolling contract (no end date to placement, other temp been here over a year).
I am paid on an hourly rate, workin 16-20hrs a week.
I have told the company I am temping for and about to tell the agency.

Right, I think I am only eligible for MA, which is fine, its why I am working this job and not SAHM to ds (can't get my professional work pg, and due to relocation had to leave my old one) but can someone confirm if this is the case?

I took a half day off last week for my 20 week scan and didn't put the hours in, as the other temp had to cover for me. Is this wrong? am I still eligible to paid antenatal sessions? If so any officila site I can direct the agency to as I suspect I will have a battle to be paid it.

As I will probably have to finish before my due date, can I return to JSA or similar or do I start claiming for my MA? (nb due to dh's income we are not on income based jsa etc)

Anything else you can think of?!!

Due to financial reasons I will have to return to my job (hopefully my proper job which is paid ALOT better than this one) at 6mths, but should I struggle to find permanent work do I have any claim on this temp company or purely good will?

Thank you for any responses! Any clarification would be great.

OP posts:
Nymphisseeingstars · 24/05/2010 10:24

Does your contract have specific weekly hours on? or set days? If it does you should be entitled to mat appts off but I have no idea on specific wording.

HAve you looked at the direct gov site they have links to all the maternity rights?

ticktockclock · 24/05/2010 10:34

I have found the following information for you:

Sick Pay and Maternity Pay
Sick Pay and maternity leave is a bit of a grey area for temporary workers. If you have been working for the same employer for over three months then you are entitled to statutory sick pay. When it comes to maternity rights, these are a bit more complicated.

Temporary workers are entitled to maternity pay as long as you have worked for the same employer for 26 weeks by the 15th week before your baby is due and have earned at least £72 a week. However, you employers do not have to give temporary workers maternity leave and there is no obligation to keep their role open for them.

Not sure about attending ante-natal appointments though.

SeaShellsOnTheSeaShore · 24/05/2010 10:40

Hi Nymph! Feels strange chatting to you off our thread

Yes, I work specific days and all my antenatal clinics are going to be on those days because of the MW rota. I can't rearrange work days because of childcare constraints.

My contract is a general one, however I have email from agency to say 3 days. The arrangement of days has been informal between myself and the other temp/line manger then informed.

Ticktockclock - I have not been working for the same employer for 26 weeks, so I do not think I am eligible for SMP, however I think I can get MA as I have had sufficient weeks working in the test period (66 weeks before due date) to be eligible. Wishful thinking to hope I can get anything more then!

OP posts:
SeaShellsOnTheSeaShore · 24/05/2010 10:43

Its really frustrating, finances are really tight and I lost £25-30 pounds pay going to my scan last week, which really matters when childcare is £38 a day (there is no free alternative ie grandparents )

OP posts:
ant3nna · 24/05/2010 10:49

The wording is always 'all pregnant employees' are entitled to paid time off for antenatal care. There is no qualifier so I really can't see how they can refuse to pay if you have shown proof that you have gone to an antenatal care appointment.

I'm sure someone better qualified to tell you for definite will come along soon though.

ticktockclock · 24/05/2010 10:49

You might find some information here

SeaShellsOnTheSeaShore · 24/05/2010 10:51

True ant3anna. I will call the agency and be up front - they have to know anyway so best start the process and continue hoping MN can give me some definates if they question it!

OP posts:
Nymphisseeingstars · 24/05/2010 10:52

I only came cos of your post on antenatal!

ticktockclock · 24/05/2010 10:59

If you look at this information sheet it does say that Temporary/Casual workers are not entitled to paid time for ante-natal appointments. It sets out the information in a very clear chart.

ruthlau · 02/06/2010 02:52

Hi ticktockclock, I'm afraid the link you've provided does not work properly.

I am also in a similar position. I have been temping in the same place for 10 months now and recently become pregnant (still under 12 weeks). It was kind of 'on-going' contract without any specification of length, only suggested the working hours are around 16-18 hours per week. Now the contractor mentioned that they do not have funding for agency worker any more and asked me to leave. Do I have any rights to protect myself or do I MUST leave?

Really appreciate for your kind thoughts.

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