Fixed Contract to end while on Maternity Leave

[Kimberly]

I've just found out that I'm pregnant, but I am barely four weeks and I don't plan on telling my employer for a few months. If everything goes well, my baby should be due 19th January. I am currently on a fixed term contact, that was just extended until 31st March 2008.

I work for a charity and neither my contract nor my handbook say anything about maternity leave. Has anyone been in a similar situation or know where I can find more information? I've searched several websites, but I haven't been able to find any details for people on a contract. I'm wondering if my Maternity Payor SMP will end on 31st March as that's when my Contract will end?

I'm just trying to figure things out financially and its too early to ask my employer about it. I still can't believe I have a BFP!

Thanks for your help.

 

[Sabrina]

Congratulations on your BFP!

I'm not sure of your exact rights being a contract worker but I found these sites which might help:-

http://www.eoc.org.uk/Default.aspx?page=15661#1185
http://www.workingfamilies.org.uk/asp/f ... ypical.asp

I know if you are a permanent employee your rights remain unchanged during your maternity leave. So you are entitled to salary reviews, learn of new jobs becoming available, etc.

You've got plenty of time to research it so find out the facts then have a chat with your HR dept when you are ready to go public.

Good luck!!

Sabrina
x

 

[Kimberly]

Thanks for the links Sabrina! I know I've got plenty of time, but I'm a worrier and as my sister always says, "If you fail to plan, plan to fail" DH and I would like to buy a house this summer and I'm trying to figure out how long I can afford to take off.

It looks like my SMP will stop the day my contract ends.

Thanks again!
Kim

 

[valentine]

Hi Kim,

Congratulations on your BFP!

It looks like my SMP will stop the day my contract ends.

This certainly isn't the case! I am in EXACTLY the same position (contract ends 31 March '08 and work for a charity!) but the law states that if you are an employee, you are entitled to 26 weeks of Ordinary Maternity Leave (OML), regardless of your length of service or the number of hours you work, providing you give the correct notice. If you have worked for your employer for 26 weeks by the 15th week before your baby is due you are entitled to a further 26 weeks of Additional Maternity Leave (AML).

I got this information from this factsheet on the Working Families website - I hope it helps you.

SMP is 6 weeks @ 90% pay and another 33 weeks at £112.75 (unless your employer offers anything further).

I posted lots of information about this in my diary when I was having problems and issues about this - I hope that this helps - here is the link.

Good luck with everything - make sure you get what you are entitled to!

Valentine xxx

 

[Katie Ann]

I'm also in the same position as you Kim! I'm due end of January and my contract will run out on the 31st May. Its been very useful reading all the feedback and has put my mind at ease.

I just have one more question: my boss said that if I decide not to go back to work after my maternity leave then I would have to pay back any maternity pay I received. Is that correct?

I'm sure it can't be as if you quit under normal circumstances you wouldn't have to pay any wages back...well if it is that puts a whole different light on sticking with the stupid job! I'm only in it for the maternity pay, if I wasn't pregnant I'd be looking for a job elsewhere.

Would really appreciate any advice on this.

 

[valentine]

I just have one more question: my boss said that if I decide not to go back to work after my maternity leave then I would have to pay back any maternity pay I received. Is that correct?

Hi Katie Ann,

This is only correct if you get any pay above Statutory Maternity Pay (SMP) and if so, depends on the company's individual policy. SMP is 90% of your salary for 6 weeks, then a further 33 weeks at £112.75 a week (9 months). If your employer offers more pay than this (and lucky you, if they do!), then they can (and some do) claim it back if you decide not to return. Some companies have a policy like you have to go back for at least 3 months - so if this is the case, then you could go back to work and start looking for another job asap to avoid having to pay any of the extra pay back.

Just to reiterate, they CANNOT ask you to pay back SMP - this is illegal. To find out more on this issue, visit the Working Families website (link in my post above) or the Direct Gov website.

I hope this helps. Good luck with your pregnancy.

Valentine xxx

 

[Katie Ann]

Thanks for your reply - that is really helpful! Now I'm better informed I will get in contact with HR to find definitely what will happen.

You are due today! Good luck with the birth, hope you don't have to wait to long for your new arrival!