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Hi I'm writing this on behalf of my wife who is a qualified & registered Social Worker working for a Local Authority.
So far she has >3 years ongoing service with the same Local Authority in various fixed term contracts both full time and part time, In August 2011 she moved to a permanent position 4 days/week. In April 2012 she took up a full time '12 month fixed term internal-secondment' at a higher grade.
My wife is now pregnant and due in March 2013, a month before the secondment finishes.
She has enjoyed her work and I believe had she not been pregnant her secondment would have been extended or turned into a permanent position. several of her colleagues are on 12 month fixed term contracts, and have been told their contracts will be renewed, the department had been actively advertising positions at her grade. (but none right now) and they are still under staffed.
I have several queries regarding contractual maternity pay and pension contributions.
The Rules on SMP (statutory maternity pay) are quite clear and she doesn't loose out on this since it is calculated on earning prior to going on maternity leave however the wording on her CMP (Contractual maternity Pay) is different as they talk about 'what she would be earning' and in this case the suggestion is she would be going back to her substantive post at a lower grade and 4 days/week! a hit on two fronts!
Is there any case to treat this as non-renewal of a fixed term contract and hence dismissal?
So far she has sent an email to her manager to formally expressing an interest in continuing with her current position beyond the end of her secondment whether as a fixed term contract or permanent. I have also advised her to keep an eye on the Local Authority's job pages should her department advertise any positions, and that she should apply regardless of pregnancy and maternity.
My second query is about pension contributions, is there any specific legislation that defines how the employers contributions are calculated during maternity leave, i.e. similar to the definition of SMP? or is it again based on 'What she would be earning'? As I understand it her contributions are based on actual actual pay but the the employers contributions have to be maintained at the normal earnings level?
Finally are there any other avenues we should be exploring, I have done a lot of on-line research but nothing which comes close to this scenario!
Regards
Olly
So far she has >3 years ongoing service with the same Local Authority in various fixed term contracts both full time and part time, In August 2011 she moved to a permanent position 4 days/week. In April 2012 she took up a full time '12 month fixed term internal-secondment' at a higher grade.
My wife is now pregnant and due in March 2013, a month before the secondment finishes.
She has enjoyed her work and I believe had she not been pregnant her secondment would have been extended or turned into a permanent position. several of her colleagues are on 12 month fixed term contracts, and have been told their contracts will be renewed, the department had been actively advertising positions at her grade. (but none right now) and they are still under staffed.
I have several queries regarding contractual maternity pay and pension contributions.
The Rules on SMP (statutory maternity pay) are quite clear and she doesn't loose out on this since it is calculated on earning prior to going on maternity leave however the wording on her CMP (Contractual maternity Pay) is different as they talk about 'what she would be earning' and in this case the suggestion is she would be going back to her substantive post at a lower grade and 4 days/week! a hit on two fronts!
Is there any case to treat this as non-renewal of a fixed term contract and hence dismissal?
So far she has sent an email to her manager to formally expressing an interest in continuing with her current position beyond the end of her secondment whether as a fixed term contract or permanent. I have also advised her to keep an eye on the Local Authority's job pages should her department advertise any positions, and that she should apply regardless of pregnancy and maternity.
My second query is about pension contributions, is there any specific legislation that defines how the employers contributions are calculated during maternity leave, i.e. similar to the definition of SMP? or is it again based on 'What she would be earning'? As I understand it her contributions are based on actual actual pay but the the employers contributions have to be maintained at the normal earnings level?
Finally are there any other avenues we should be exploring, I have done a lot of on-line research but nothing which comes close to this scenario!
Regards
Olly
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