Maternity Benefit on Fixed Term Contract

highly1111

Hi

I start a fixed term contract in September and will be on full hours and a salary until 31st August to cover a career break. Contract is all signed and done and dusted. I've also just found out that I'm pregnant and expecting in March.

A few questions -

1) Will I be entitled to full pay between March & August?
2) If the career break is extended (as I've been indicated it may well be), have I the right to resume contract that in Sept 12 months - i.e when the baby will be 6 months old and I'll be willing to go back to work?

I know that maternity is one of the most protected rights and although delighted at the pregnancy, the timing could possibly be better! I had no idea I was pregnant when I did the interview and signed the contract.

Many Thanks

highly1111

Sorry, i finally found the circular - I am nearly certain that I will be entitled to full pay until the end of August and that if the contract is renewed, I am entitled to the position. However, if i'm wrong about any of this - please let me know!

Coriolanus

You're not entitled by government statute to be paid by the employer, maybe the DepEd has a policy of such but it's not written into law, so I'd check that asap. You'd be entitled to maternity benefit if you weren't getting paid by the employer though.
As for returning to work, you're entitled to return to work under the same contract and if the same can't be provided, adequate alternative must be. Only my reading of it, but I'm not sure you'd be entitled to the second full contract, they could if they wanted have you run out the contract you're on ie: september to january or something and get someone else after, but for all practical intents, I'd imagine they'd want you for the full second contract anyway.

All of the above is just going by the statutes. It really depends on what is in your contract and what the employer, if it isn't the DepEd, says.

implausible

Just off the top of my head but a colleague was in your position a few years ago - covering a career break and became pregnant. She got her full pay (actually, you get a bit more when you're on maternity) until the end of the year contract. However, they can can choose not to renew your contract for Sept, in which case you would either have to live off the maternity benefit alone or get a new position elsewhere. You would really need to find out your position before the summer.

Godge

deemark wrote: »

Just off the top of my head but a colleague was in your position a few years ago - covering a career break and became pregnant. She got her full pay (actually, you get a bit more when you're on maternity) until the end of the year contract. However, they can can choose not to renew your contract for Sept, in which case you would either have to live off the maternity benefit alone or get a new position elsewhere. You would really need to find out your position before the summer.

This is correct, you are entitled to full pay (the same as a permanent employee) until the end of your contract.

You are not entitled to have your contract renewed just because you are pregnant (that depends on the career break continuing, redeployment etc.), but if it is renewed, you will be entitled to remain on maternity leave.

The reason you get slightly more while on maternity leave is because social welfare benefits are not taxed, so that part of your maternity pay that is statutory is therefore not taxed.