# Maternity Leave and Fixed Term Contract



## argentina (2 Aug 2012)

HI,
I have an employee who was employed on a fixed term 1 year contract.  She started working here on 1st February this year.  She was in the job a little while and announced that she is pregnant and due in October.  She was taken on for a specific Project (along with 3 others) which will be completed in January.  She will have 7.5 months of her 12 month contract completed by the time she goes on maternity leave.  Do I have to allow her to return next year (I think she intends to take 8 months off) in May and complete these 4.5 months of her contract?  
I don't have any issue with her pursuing a personal/family objective such as having a baby but it does leave me with a problem.  Would it be wrong to try and come to some agreement with her financially? I am envisaging her returning to the workplace next  year and having nothing to do, the others on this project team will have completed the Project and there will be really nothing for her to do.
I have no problem with her work and would happily employ her if an opportunity existed but it just doesn't and is unlikely to in the next few years. 
thanks


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## Sunny (2 Aug 2012)

While a preganant woman under a fixed term contract has the same rights under the legislation, as far as I know they are not entitled to return to work after the expiration of a fixed term contract i.e. the contract does not get extended because the employee was pregnant or on maternity leave. 

I would be very careful with something like this and seek legal advice. Are you member of any trade association like ISME or something that might be able to guide you?


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## stephnyc (2 Aug 2012)

+1

"All fixed term employees have maternity rights under the 1994 and 2004 Acts. Where a contract is due to expire during the maternity or health and safety leave period, protection under the Act also expires on that date." see this PDF from IBEC http://www.ibec.ie/IBEC/ES.nsf/vPages/Employment_law~During_employment~maternity-and-adoption-leave-guideline-19-01-2012/$file/GL-9%20Maternity%20and%20Adoption%20Leave.pdf


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## argentina (3 Aug 2012)

Thanks for the responses, we aren't a member of ISME but I will seek advice from a Solicitor.  This employee thinks she can return for the final months of her contract after her maternity leave, so she won't be too happy. 
Other thing is that she will get paid her full salary for the remainder of her contract. These fixed term empoyees are given the same rights/entitlements as all other employees.  I don't have a problem with that its just I am hoping she doesn't decide to go on Maternity leave early.  I know employees are entitled to take maternity leave from 24 weeks on so she could finish up soon and get paid her full salary for most of the next six months.


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