Temporary contract and maternity pay

sk101

Hi

If there are any legal eagles out there I would be very grateful for some advice.

My husband and I are looking to start a family in the near future but my employment contract is giving us cause for concern. I am on a fixed term temporary contract that has recently been extended by 7 months from Dec 2006 to July 2007. The situation will be reviewed again in the new year and I have it in writing that the powers that be will look to extend this for a longer period - subject to funding being available.

My employer (a university) has it's own maternity pay arrangements over and above SMP (4 weeks full pay, 2 weeks 9/10ths and 12 weeks half pay) for those employers that return to work for at least 13 weeks after their 52 week maternity leave entitlement.

If I were to get pregnant in the next couple of months - giving birth in say April or May (to ensure I was also entitled to the 3 months additional SMP coming in in April 2007) I would want to return to work after the 52 weeks (if not sooner). However, if my contract were not to be extended past July 31st 2007 would they treat me the same as a permanent employee (because if there was a position there I would return to it) and pay me the extra Maternity pay or would I only be entitled to SMP?

I'd be very grateful for any advice or clarification on this.

Many thanks
SK101

Counting_Pennies_2

My first question would be how long have you been on fixed term contracts for, as there is legislation as to how long it can be termed fixed term before automatically turning permanent. There is also different timescales on when you would be entitled to redundancy pay if the contract were not renewed.

sk101

Hi

I have been employed since Dec 2004 so I would not be classed as permanent under the 4 year rule. If my contract was not to be extended in July 2007 I will have been with my employer for 2 years and 7 months so I think this does mean I would go through the redundancy procedure. I'm just not sure how this impacts on the level of maternity pay.

I hope this helps. Please request any further info. I look forward to hearing from you.

Regards
SK101

Counting_Pennies_2

You sound as if you know the basics.

You will need to look at your maternity policy to look for the clauses about the additional pay and redundancy policy about what is paid.

Statutory maternity pay (along with any redundancy pay) is all the government stipulates you would be entitled to, although again, the policy of your organisation may be different, hence the need to read both.

It would also be advisable to try to renegotiate your contract before you are due to go on maternity leave, as it is often more difficult to do so when you are on maternity leave.

hth

sk101

Hi

Thanks for the reply. Just had a look through both policies and neither goes into any detail about the impact on maternity pay if you are on maternity leave when a contract comes to an end.

Any other ideas?
SK101

Counting_Pennies_2

I feel the detail may be left out in order to hedge their bets towards SMP should they desire.

I would recommend speaking with ACAS, they are the employment advisory organisation who are free to speak to and have all the up to date information.

http://www.acas.co.uk/
08457 474747

Good luck