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IT Contractor Maternity Entitlements

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  • 26-07-2010 10:50am
    #1
    hollybs
    Closed Accounts Posts: 4 ✭


    Hi,

    I'm a 7 month pregnant IT contractor and have been for over 4 years with the same company. If I have a DR appt i stay late and where possible take appts at lunch time. I'm in a contract until year end. I have been told that I should have no problem getting my job back next March which is as long as i figure i can afford to be off on benefit. But does anyone know if i have any legal entitlements to getting my job back if they were to say sorry there is no work next March? I've done so much searching on line but it is all about temporary and permanent workers. I'm not sure i fall into either bracket. Any other tips for a female IT contractor in terms of taxes and entitlements? Anyone else been in the same boat and got any words of wisdom?

    Thanks


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    #2
    Moonbeam
    Moderators, Education Moderators, Society & Culture Moderators Posts: 18,953 Mod ✭✭✭✭Moonbeam


    Do you do your own taxes etc and work for yourself?


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    #3
    hollybs
    Closed Accounts Posts: 4 ✭hollybs


    Yes. Well i have a limited company with my husband and have an accountant do my taxes. Tks


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    #4
    Moonbeam
    Moderators, Education Moderators, Society & Culture Moderators Posts: 18,953 Mod ✭✭✭✭Moonbeam


    Your entitlements should be the same as self employed, see -

    http://www.citizensinformation.ie/categories/social-welfare/social-welfare-payments/social-welfare-payments-to-families-and-children/maternity_benefit


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    #5
    hollybs
    Closed Accounts Posts: 4 ✭hollybs


    Thanks Moonbeam. I've already applied for maternity benefit. Doesn't seem to be anything written regarding my rights to return to my current employment. I suppose I have to wait until I am due to return and hope the job is still there for me.


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    #6
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Unfortunately as you are self-employed and working on a contract basis, you have no entitlement to have your contract renewed at the end of the year so there's no guarantee that you will have a job to go back to in March.

    However, don't fear. It's very unlikely that they will not renew your contract simply because you're on maternity leave - because this is an illegal form of discrimination under the Equal Status Act. So the chances of you having your contract renewed are exactly the same as if you were working there.


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    #7
    hollybs
    Closed Accounts Posts: 4 ✭hollybs


    Thanks Seamus.


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    #8
    LashingLady
    Registered Users Posts: 314 ✭✭LashingLady


    I was contracting when I went on maternity leave first back in 2008. Unfortunately my contract employer had no more work for me when i was finished maternity leave as the recession happened!

    As the relationship was purely between the contract employer firm and my limited company, there was no right or obligation on either side to have the contract renewed. And I don't think that the Equal Status Act applies in this case either as it is a commercial contract....

    I think you will just have to go back to them when you are ready to return and see if they still have work for you but if they don't I don't think there is much that you can do unfortunately.....

    I am sure your accountant will be on top of it, but make sure that you continue to pay yourself from the company for the duration of your maternity leave so as to maximise the amount of salary that you get while minimising the amount of PAYE/PRSI you pay.......


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