Guest Posted March 5, 2012 Share Posted March 5, 2012 Hi all Well the girl covering maternity leave (on temp contract until 15 June) has just told us (unofficially) she is pregnant (not sure how far). Anyone know where we stand now? I know we still have to give reasonable time off for appointments etc but what happens when her contract ends? Will we then have to pay her maternity pay when eventually she has the baby? A bit onfused about this one! Quote Link to comment Share on other sites More sharing options...
Inge Posted March 5, 2012 Share Posted March 5, 2012 (edited) http://www.workingmu...ums-guide.thtml had a look around and seems you do if they qualify... above site was interesting and easy to read,,, came up as same answer on several sites I checked.. The official guidance from the Advisory Conciliation and Arbitration Service (ACAS) says women are entitled to Statutory Maternity Pay (SMP) if they have been employed by their employer for a continuous period of at least 26 weeks ending with the 15th week before the expected week of childbirth, and if they have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions. think the key is when she leaves and working during the 15th week before she is due .. Edited March 5, 2012 by Inge Quote Link to comment Share on other sites More sharing options...
SazzJ Posted March 5, 2012 Share Posted March 5, 2012 She needs to have been emploed by yous for a min of 26 weeks by the end of her 25th week. You will need to know how far she is to work this out but it might be you's need to wait until her dating scan to confirm this. However once she does you can input her EDD into HMRC site and it will let you know if you need to pay it or not. However I am assuming you's only pay SMP and not any extra ( sorry it's an assumption but seems the norm with early years settings ) Quote Link to comment Share on other sites More sharing options...
finleysmaid Posted March 5, 2012 Share Posted March 5, 2012 info here too... http://www.advicenow.org.uk/advicenow-guides/work/maternity-paternity-adoption-leave-and-pay/what-maternity-pay-will-i-get,10187,FP.html Quote Link to comment Share on other sites More sharing options...
Guest Posted March 6, 2012 Share Posted March 6, 2012 HMRC Rules on Maternity pay support working out the dates and what she is entitled to go to www.hmrc.gov.uk and search under E15. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 6, 2012 Share Posted March 6, 2012 Thanks all. Will check out all the info. The thing is we are in a period of transition ie the OOSC is going over to school and so all staff transfered to LEA control. This means once she informs me officially I have to inform them ie due to TUPE etc. Its going to get very messy. Transfer over looks set to be end of July so this will be the school responsibility. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 6, 2012 Share Posted March 6, 2012 How would she be able to claim when the "employer" ie the committee run setting is no more?? Am I right in thinking that the LEA ie school then have to pay her? But then she is one staff member that shouldnt be TUPEd over as her contract should finish before the school takes club on??? Quote Link to comment Share on other sites More sharing options...
Inge Posted March 6, 2012 Share Posted March 6, 2012 I do think that she will be able to get it from the people who take over the setting - it is not as if the setting is closing and will be a new one starting.. with staff being transferred and TUPE coming into effect it is a take over and they are taking over all the responsibilities of the group.. one site I was reading yesterday, said they could claim from previous employer if they were with them , completed the qualifying period and then moved.. I think you need to call HMRC and or ACAS with the details when you know them, to get a definite answer.. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 6, 2012 Share Posted March 6, 2012 Marley you will have to get rid of the chair they all keep sitting in Quote Link to comment Share on other sites More sharing options...
Guest Posted March 6, 2012 Share Posted March 6, 2012 Marley you will have to get rid of the chair they all keep sitting in Lol! The girls that work at club are all at that certain age! Have just spoken to her...she will not actually be working for us by the end of her 25th week. Her temporary contract finishes before that. She is of course now worried about money, employment etc. She is in a quandry as she loves working with us (she is very good with children and parents) and was going to try for a permanent postion should one become available ie if originl girl did not come back from maternity. I said she should still try whatever she decides but she is very down on the point of view that she says no-one would employ her being 4 months pregnant. I said that this would of course be discrimination but I am not sure this convinced her. I really feel for her. Not sure what else I can do really?? Quote Link to comment Share on other sites More sharing options...
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