Maternity rights with fixed term contract

dracan

Hi. My wife is in her early stages of pregnancy, and we're a bit unsure how we stand regarding maternity pay. She's worked at the same company for 5 years, but it's been 1-2 year contracts which have been extended each time it's come to an end. This is as a PAYE employee, not a contractor.

Her current term ends mid-December this year, and whilst it probably would have been extended, she wouldn't know about it until nearer the time anyway. When her current term comes to an end, she will be in her 38th week of pregnancy. Is she entitled to anything after her term finishes if they don't extend her contract? Or does the end of the contract end any entitlements that she has from her work?

If not, is she entitled to maternity from the government? On the goverment site, it sounds like after her contract finishes, she could just start claiming maternity allowance. However, in a PDF on the workingfamilies .org. uk website, it states under week 29:

If you are unemployed, your Maternity Allowance or Statutory Maternity Pay has to start this week if you qualify, so make sure you have put in a claim

(Sorry, MSE isn't letting me post links as this is my first post)

And we wouldn't be able to claim on week 29, as she'd still be working. Does this mean we can't claim this at all then?

We're hoping that her work will extended her contract as they have done the past few years, so this shouldn't be necessary. We'd just like to know where we stand if it does end.

Not sure if it makes a difference, but I'm also working full-time as a PAYE employee.

Thank you for your advice,
Dan

harrys_dad

To be honest if she has worked 5 years on a succession of "temporary" contracts" it is likely she is classed as a permanent employee now under employment law. Maybe others here can advise you on that as it will resolve your original query.

harrys_dad

The information you need is here

https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

The key section states this:

The limit on renewing a fixed-term contract
Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so.

Seems to me she is now permanent, so entitled to maternity leave

Poppie68

harrys_dad wrote: »

The information you need is here

https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

The key section states this:

The limit on renewing a fixed-term contract
Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so.

Seems to me she is now permanent, so entitled to maternity leave

Unless the employer can show there is a good business reason not to do so....

harrys_dad

And that is very hard indeed to show for a series of renewals that are now over 5 years, and when a reason has probably never been given at any of the renewals.