Fixed term contract and maternity leave

Does statutory maternity leave end? What is a fixed term employment contract? Is there a requirement to extend a maternity contract? Do permanent employees qualify for maternity leave?

Your employee’s contract of employment should continue during her maternity leave until the fixed term expires. If her contract is renewed beyond her period of maternity leave then she will be entitled to resume her job. This may be the case if, for example, the work she is doing is not urgent and can wait until she returns.

If you are employed on a fixed term contract that expires during your maternity leave there is no obligation on your employer to re-employ you at the end of your maternity leave period (unless you are in a Redundancy situation ). However, if they do not re-employ you the key question will be why the contract was not renewed – if this was related to your pregnancy or maternity leave then you could claim unfair dismissal and possibly sex discrimination. Fixed- term contracts Fixed-terms contracts are used for many different reasons. Many employers used fixed-term contracts to cover a permanent employee’s role while they are on sabbatical or maternity leave. The most common reason to employ someone on a fixed-term contract is the need to complete a specific project or work campaign.

Bear in mind that, although statutory maternity leave will come to an end on the expiry of a fixed-term contract , the right to statutory maternity pay continues , if the employee already qualifies for it. Take into account that the non-renewal of a fixed-term contract is a dismissal, and that a dismissal for reasons related to pregnancy, childbirth or maternity leave will be unlawful. An employee who’s been on unpaid parental leave is entitled to come back to the job they had before going on leave. They’re entitled to this job even if another person is working in their role as a replacement. If the employee was transferred to a safe job before they took unpaid parental leave or they reduced their hours due to the pregnancy, then they’re entitled to return to the job they had before the transfer or reduction.

See full list on fairwork. If an employee’s job doesn’t exist anymore or it has change then they have to be offered a suitable available job that: 1. If the job still exists and someone else is doing it, (the ‘replacement employee’) then there’s no redundancy. Certain employees, such as parents returning to work after taking parental leave , have the right to request flexible working arrangements.

Visit the Applying for paren. Flexible working arrangements include working part-time instead of full-time and changing starting and finishing times of work or working from home. A best practice employer can support employees who are breastfeeding by making sure they have suitable facilities available - examples include a private room for breastfeeding, somewhere where the employee can store a breast pump, and a fridge where they store any breast milk. Employees should also be given appropriate breaks so that they can breastfeed or express.

Breastfeeding is a protected ground of discrimination. Making an employee feel uncomfortable about breastfeeding, or not providin. This contract can be used for a variety of different jobs where such an employee is needed. Employees on fixed-term contracts qualify for statutory maternity leave and pay in the same way as permanent employees.

Although statutory maternity leave will come to an end on the expiry of a fixed-term contract , the right to statutory maternity pay continues if the employee already qualifies for it. Maternity leave: an employee on a fixed-term contract is entitled to full maternity leave. However, if her fixed-term contract ends before the last day of maternity leave , the last day of her contract counts as the last day of maternity leave.

If your contract is due to end If you have a temporary or fixed-term contract due to end while you’re on maternity leave , your employer does not have to renew it. You can ask your employer to give you the reason in writing. Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now! Register and Subscribe now to work with legal documents online.

No obligation to make a fixed - term employee permanent The central answer to the question is that there is no law requiring employers to offer fixed - term employees a full-time position if the fixed - term contract expires while they are on maternity leave. If an employee takes maternity leave during a fixed - term contract and is eligible for Statutory Maternity Pay in Northern Irelan they are entitled to receive weeks of maternity payment even if their contract ends before the expiry of the. Firstly consider that the non-renewal of a fixed - term contract is in law a dismissal. A fixed term contract terminates on a specified date or at the end of a particular project or a specific task, fixed term employees could be employed for seasonal work, casual employees taken on to cover a busy period or someone to cover for maternity leave.

Fixed term employees cannot make an unfair dismissal claim if they leave because the contract term has ended. This Fixed Term Employment Contract ( Maternity and Sickness Cover) is designed to be used where an employee is taken on, on a temporary basis, to cover another employee’s absence through maternity leave or sickness. Unless the contract does not specify the reason for the fixed term agreement or the employee has worked beyond the extent of the contract.

On the other han for short periods of work, employment on a fixed - term or temporary contract is often preferable to employment on a supply or agency basis. Fixed - term contracts provide greater security of employment and can give access to preferential benefits such as sick leave and maternity pay. There is no discussion about what happens if the employee wants to return to work before the pregnancy leave is scheduled to end.

Depends on your particular contract and conditions whether your employer will give you maternity leave - paid or unpaid. The fixed term element can also be not a specified date or dates, but can be specified as the completion of a specific project, the actual date of completion being uncertain. The danger in fixed term contracts comes when the employer continues to renew the contract every time it expires – commonly known as rolling over the contract.