Staff member expecting

tandem

I have a member of staff employed on a one year contract ending in September 2010 who is now pregnant. What are my obligations as an employer. Her baby is due around September when her contract expires. She enjoys her job and wants to return, but I don't know how long she will want off work. Do I have to pay her anything or do I just re-employ her on another one year contract. We are a small business, just me and 2 members of staff both on one year contracts.

Savvy_Sue

You could do worse than looking at the HMRC guide. I am not sure how long someone has to have been employed by you to be entitled to Statutory Maternity Pay (SMP) or whether she would have the right of return if she was only on a 1 year contract.

mikey72

You aren't obliged to renew her contract, if you weren't going to for business reasons anyway, (downturn, economic reasons etc)
If you don't because of maternity it would count as unfair dismissl. (page 6 and 7)

http://www.workingfamilies.org.uk/images/Factsheets/factsheets%20091020/Atypical091020.pdf


If you do renew you will have to deal with the full maternity and return to work. It would to better to tell her to re-apply when she feels like it, if you are recruiting again, and have an upturn in business.
As far as the maternity goes, speak to business link and acas to see where you stand, but from the dates she should qualify for SMP from you.