Dear All
Any advice is welcome, I’m not too sure on this one:
Scenario:
A teaching assistant’s fixed term contract has come to an end. The department has found some new positions and has asked all the teaching assistants to express and interest in the new jobs if they wish too. This occurred whilst they were
still employed.
One of the teaching assistance was pregnant at the time, and just under 2 weeks after her contract ended has since given birth. However she is not on Maternity leave.
She has expressed an interest in the new position and is to be interviewed.
Question:
·
Should she be treated as a member of staff who is on maternity leave in relation to the new position (could it be argued that she has a continuing employment relationship)?
·
If she does get the job, is she entitled to maternity leave (once again based on the previous employment relationship) , does she come into that leave entitlement based on the time frame she would have been on if she had taken
maternity leave / if she had still been in employment if she had the baby? (e.g. the contract would start 3 months after her old contract ended/ and 3 months after she gave birth, therefore is she entitled to the remaining 9 months of the 12 month period or
all the 12 months)
·
What maternity pay is she entitled to – once again is this calculated from the beginning or according to the time after which she had given birth?
I have my thoughts on this, but it would be useful to hear yours
Regards
Darren
Darren Mooney BSc, MA
Diversity & Equality Officer
Human Resources
University of Liverpool
Liverpool
L3 5TQ
T: 0151 795 5975
W:
http://www.liv.ac.uk/hr/diversity_equality/
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