Can you get maternity pay if you are on a temporary contract?

Can I still get maternity leave? Generally speaking, a temporary or fixed term contract has no special status in law. If you are an employee on a fixed term contract, you will have all the rights of a permanent employee. In fact, it is unlawful to treat fixed term workers less favourably than permanent workers.

Are employees on fixed term contracts entitled to maternity leave?

A fixed term employee, compensated under the legal threshold, employed for longer than 3 months (without a justifiable reason) will be deemed to be a permanent employee and may not be treated less favourable than permanent employees doing the same or similar work.

What happens if my contract ends during maternity leave?

If an employee’s fixed-term contract comes to an end while they are on maternity leave, there is no express obligation on the employer to re-employ them at the end of maternity leave. If it does not, the key question will be why the contract was not renewed.

Is maternity leave applicable for contract employees in India?

Contractual employees in India are entitled to maternity benefits, since the Maternity Benefits Act doesn’t delineate rights based on how a worker is classified, the Karnataka High Court ruled this month.

How does maternity leave work for contract employees?

Birth mothers can take up to 16 consecutive weeks of unpaid maternity leave. Birth mothers must take at least 6 weeks after birth for health reasons, unless: the employer agrees to an early return to duties, and. the employee provides a medical certificate stating the return will not endanger her health.

Can an employer terminate a fixed term contract early?

Generally, a fixed-term contract will terminate at a specified date, or on the occurrence of a specified event, such as the completion of a task. Early termination of a fixed-term contract will result in a breach of contract, unless the contract contains an early termination clause allowing either party to give notice.

Can my employer change my job role after maternity leave?

It’s unfair dismissal and maternity discrimination if your employer doesn’t let you return to work after maternity leave, or if they offer you a different job without a strong reason. They can’t offer you a different job if: your job still exists – for example if they’ve given it to someone else.

What is contractual maternity pay?

Some employers might offer you occupational maternity pay, sometimes known as Contractual Maternity Pay. This will be more than Statutory Maternity Pay. If you don’t return to work after the pregnancy, you might have to repay what you were paid over the Statutory Maternity Pay.

Can you work for a different employer while on maternity leave?

If you are getting SMP from one employer and, before your baby is born, you do some work for another employer, your SMP is not affected. Your SMP will stop if after the baby is born, but before the end of the Maternity Pay Period, you work for an employer who did not employ you in the qualifying week.