Maternity and Fixed term contract

lex130

Registered User
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Hi all,

I am on a fixed term contract (I am the backfill for someone's maternity leave) until 1 December. However, I myself am pregnant and due in September. This means I will start maternity leave at end August.

I know i will be entitled to statutory maternity pay (SMP), however, my company offer enhanced pay but only if you return to work for 3 months at the end of maternity.

My question are:

1/ Do I have any entitlement to return and finish the 3 months of my contract?
2/ If I cannot return to my contract (as it has expired) is there any way that I could be eligible for the enhance pay as I had 3 months left on my contract
3/ If I manage to get another job with the company during my maternity leave (thus returning for at least 3 months), would I be entitled to 'claim back' enhanced maternity pay.

Any advise would be really appreciated
 
Your reference to SMP would suggest that you are based in the UK, rather than Ireland. If this is the case you would be better contacting Citizens Advice or the Labour Relations Agency as this is an Irish website.

However from working experience of maternity pay in the UK, Occupational Maternity Pay (any pay over and above SMP) is a benefit and not a right, and your employer can set pretty much whatever conditions they like as to whether or not they will pay it.

Similarly I imagine that whether your enhanced pay can be back paid if you do go back to work will be down to the goodwill of your employer. If there is a Trade Union Representative in your workplace I would advise getting advice from them also.

Your Maternity Leave will have already had the effect of extending your contract until your maternity end date - your contract which was due to end in December will now not end until the 39 weeks of SMP has ended, in effect your employer is already paying you for approx 6 months longer than your contract stipulated, so it is highly unlikely you will be regarded as having 3 months remaining.
 
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