Can anyone see any potential problems?

tronski

Hi everyone,

I just thought I'd post about my current work situation and see if any of you knew of any potential problems that may arise. I thought it might be better to try and avoid them before it happens.

Right - I've been working as a Xmas temp since Oct. I found out I was pregnant in my first week but the company has been excellent and transferred me to another area of the store to work. I've since found out that they are going to keep me on with the company although the contracted hours have been cut (down to under 5 a week!). I haven't signed the new contract yet and was told it would just be amended on the system.

The company are happy for me to go away for 4 months or so in the summer to have my baby. The plan is that I then return for the Xmas period at the end of this year. They want to terminate my contract when I go on my maternity leave and then reinstate me when I return.

I'd rather not have my contract terminated and remain employed by them although I'd be on unpaid maternity leave so not sure how it all works. I've also been told that the position wont become permanant until next Jan - so I'm still a temp for now.

Thanks for any help and advice you can give me.

Mudd14

If they terminate your employment then you have no right to return. I would stay as you are and go on maternity leave (unpaid) and notify them when you wish to return. That would be my only concern.

tronski

Thank you Mudd14. That was my biggest concern. I will speak to my manager and see if they are willing to do that instead.

BligBlag

It sounds like they may think you won't return so instead of keeping a job blocked for 4 months they could give it to someone else instead.

I would definitely talk to your Manager and ask that they keep you as an Employee during your Maternity Leave and make it clear that you do want to return.

But maybe there's different rules in terms of temporary contracts which means you can't be on Maternity Leave during a temporary contract? Maybe someone else with more experience could shed some light?

Good Luck.

tronski

Thanks to you too BligBlag. Hopefully someone else can help too.

I've made it clear that I want to return but I guess they're worried I wont. I'm only contracted a few hours a week so they can easily give them to some other workers - we're always looking for overtime!

Just so glad they kept me on - can't quite believe it!

mikey72

I take it you were on less than £95 a week before they cut your hours?
You don't qualify for SMP do you, just MA? Even then they can't dismiss you (unless you let them) and you can go on maternity leave if you want to.
Temporary contract have no special meaning for maternity, you have to be treated the same as any other employee.

tronski

You're all so helpful - thanks again.

Yeah my contracted hours meant less than £95 a week but I did overtime every week until now which took me over that amount. I've looked into SMP but am pretty sure I don't qualify. I just need to stay in employment for a while longer so I can claim the MA.

mikey72

My understanding was if the average pay was £95 (not contracted pay, actual pay) so you have paid NI, and you have worked for your employer for 26 weeks by the end of the 15th week before your baby is due you qualify. The employer pays it, but can claim it back.
Watch the cut in hours, as that may be taking you below it as well.
I may be wrong, so I would suggest you get more advice on this.

I sure other posters can point you in the right direction, but acas are probably good for advice.

Mudd14

To qualify for SMP as mentioned above you have to earn over £95.00 based on your 8 week average. These 8 weeks are the 8 weeks upto 15 weeks before your EWC.

If you have notified your employer that you are pregnant and given them your MATB1 form they should write back confirming if you are entitled.

I would also look at your payslips for those 8 weeks where you average is calculated just to check if you have earnt enough.

mikey72

Mudd14 wrote: »

To qualify for SMP as mentioned above you have to earn over £95.00 based on your 8 week average. These 8 weeks are the 8 weeks upto 15 weeks before your EWC.

If you have notified your employer that you are pregnant and given them your MATB1 form they should write back confirming if you are entitled.

I would also look at your payslips for those 8 weeks where you average is calculated just to check if you have earnt enough.

Probably just starting the beginning of the 8 weeks now though.

Mudd14

Even better, try to work as much as you can to earn over £125 per week