I am 10weeks pregnant and covering a Maternity cover my boss states i won't be paid?

[nikkki11111]

Hey I am going round in circles confused.

I accepted a job in November for a 10month contract maternity cover with a possibility of being kept on. I love it there and the girl who is coming back is only coming back 3days a week not untill August.Every month my manager tells me I will end up staying after August as they are always short of staff and i do well in my job .So far iv been there 7months and 3 people have left (1 on maternity and 2 went eslewere) so there has been 2 jobs going advertised, my friend has just started and has a full-time permanent contract. While i am still working on a 10month contract. so let me get to the point...I am 10weeks pregnant and told my manager who said she will discuss pay and leave and dates with me.2days later she tells me, I am only covering till August and i will not receive any maternity pay, and after August so far she cant offer me any more days maybe just a 1day a week contract after August? Then I go on maternity leave anyway in October (baby due November) So now shes just backtracked while shes advertising for a full-time person for the girl whos just left. She said she will see what happens near August and keep my updated. So i am stressed confused and feel betrayed by her as i do everything for the practice. I feel maybe since i mentioned im pregnant shes avoiding me staying so she dont have 2 pay me. I don't know what to do or think I can't look for a new job now as im 10weeks??? any advice.

[Hidden]

You should still get your maternity paid I would think I got made redundant in 2004 I had 1 month til my due date I got redundancy and my maternity in a lump sum as I was no longer going to be employed by them. I had a year off instead of the normal (6 mths back then then) got another job worked out ok in the end.

[nikkki11111 in reply to Hidden]

Thanks for replying. I read about that but don't i need to be employed by them for a certain amount of time ? it's been 7months but when its August it would be 10months x

[Hidden]

Have a look on gov.com you have to be employed for 26 weeks before expected due date if not you can get maternity allowance which is the same as statutory maternity.

[Major2116]

Ask to look at their company maternity policy Hun. I work for the local hospital NHS. You have to be there for a year to qualify for maternity pay.

Even if you don't qualify, you still get statutory which is £140 a week. Which isn't a lot but it's better than nothing.

I see what you mean about your employer! It sounds that way! Even if you're kept on 1 day, you're still employed by them and still should get maternity pay! X

[Blue107]

You may be eligible for maternity allowance. This is a benefit paid by the gov to women who have been in work for a certain period before the birth of their child but are no longer employed

gov.uk/maternity-allowance

[nikkki11111]

Thank you for your replys. When i told her i was stressed as shes put me in a postion. She told me i have to discuss with my partner what i want to do ??! Is it worth looking for a new job eslewere or stick it out. They have kind of screwed me over ever since i told them i was pregnant .If i have a 1day a week contract she said i still wont get M pay which doesn't sound right I would of been there a year by the time I leave for M leave! Feel like a mug

[MissEd in reply to nikkki11111]

If you look for a job elsewhere you still may not qualify as in my work you have to have been working there for a certain amount of time by the time you are 26 weeks pregnant.

[Blue107]

If you feel your work are discriminated against you because you are pregnant this is against the law and ACAS, which is a free phone line, can advise you on your right and how to handle the situation.

[nikkki11111 in reply to Blue107]

But i would have completed my contract in August. I am not asking for permanent contract , she advised me this would happen which of course is fine with me.She said and offered me to stay after August same hours. But now i told her im pregnant she now wants to reduce my hours from 35 to 9 a week?? I wouldn't leave until October anyway as im due November so i still would if completed my contract by August and i would be working at the job a year by the time I leave to go on maternity.PLUs my current contract states i am entitled to maternity pay too...

[Hidden]

You are entitled to statutory maternity pay. If your contract was due to finish in August then that means you would not have been employed by them by the time you go on maternity. They should however not discriminate against you for the new permanent role so that is worth further discussion. X

[Cedrada in reply to Hidden]

Likewise, unless you signed anything to say she was keeping you on after that point, verbal agreements don't count. Which is shitty on her part.

Worth mentioning that mat pay is £148 pw or 10% of your salary 'whichever is less' so one day a week may not give you much...

[nikkki11111 in reply to Cedrada]

Yeah I agree with u both x I think i may even end up declining the one day a week offer after August if i won't be getting any maternity pay anyway.Bur i have done research from here on links given. i think i will be ok. And i know if when it comes to August and she suddenly decides to end my contract to avoid paying me anything I know its due discrimination for being pregnant!As all of sudden its a change of heart on my postion after August

[SILVERVIXEN1979]

Just because you work for a NHS Practice does not mean you are on a NHS contract. Is your contract the standard NHS contract or is it the practices own? Does it state agenda for change applies to the contract?

[nikkki11111 in reply to SILVERVIXEN1979]

No its a private company yes its nhs but not under the nhs contract. I have my contract for my work place and states i am entitled to maternity pay.

[SILVERVIXEN1979 in reply to nikkki11111]

I don't understand how the practice manager can say you are not entitled to it in that case.. it's in black and white. If they are breaching their own contract then that leaves them open to litigation. I used to be s practice manager for several years, and for the past 5 years I consultfor the NHS ensuring policies and contracts are in line with current legislation (legal).

[nikkki11111 in reply to SILVERVIXEN1979]

oh intresting she said shes doing some research to see if I qualify??argh..

[Seb9]

I would suggest you contact m.acas.org.uk they can give you free employment law advise. If they're not offering you a job they've promised you due to your pregnancy they could be breaking the law. I wouldn't go

I would think if your job doesn't entitle you to smp you should be able to apply for maternity allowance if you've worked for enough qualifying weeks, that's paid for by the government not your employer.

[Babypud19]

Definitely speak to ACAS and citizens advice. It sounds like you are being subjected to maternity discrimination. Also go on gov.uk website as they have a maternity calculator which shows exactly what leave and pay you're entitled to depending on your dates of employment and pregnancy dates this is whether you're fixed term or permanent. If you qualify then they have to pay your SMP even if your contract has ended. You're also not allowed to be treated differently because you're on a fixed term contract.

[Hollibob]

Is there a HR department there?

Might be worth approaching them for advice and policy information?

[nikkki11111 in reply to Hollibob]

No sadly its a private own practice shes the owner but is seeking advise as she doesn't seem to know herself !!

[laurafig]

I think everyone else’s advice on searching for more info is great but I also wanted to say that have you told your boss you love it there and you plan to work more or go back? I think some bosses assume you don’t want to go back to work after you’ve had a baby and so perhaps this also might be why she’s saying your contract will end as of originally planned? Clearly she has full time roles available but you would only be there for a few months after August which is why I assume she’s not offering them to you at present.

You’ve mentioned being pregnant to your boss quite early so I’d be quite honest and let them know how you feel about the job/company (in a positive way).

I’m sure you’ll work something out. I’m also not sure what job you do but perhaps follow Mother Pucker on instagram who campaigns for flexible working.

[nikkki11111 in reply to laurafig]

Thanks for your reply. yeah i was postive always am and assured her i would be happy to come back after she said when i come back from my maternity leave there will be plenty of hours so i can have my full-time again which obvz i wouldn't. So why she so keen to give me full-time when i come back lol but not from August just 1 day a week...

[laurafig in reply to nikkki11111]

I can only assume this is because you will only be full time for 3 months and she will have to advertise for a full time position almost as soon as she's given you FT hours from August to Oct. Your boss clearly has a staff shortage and needs some full time staff on board right now.

It sounds like you only want FT hours for those 3 months too as you say you 'obvz' wouldn't want full time when you go back after mat leave, so i'm also a bit confused. Do you want to be full time so you get full time mat leave pay?

Perhaps you could propose a job share with someone so your boss can get the FT hours she need with yourself and another member staff which could work both before and after your mat leave?