Fixed Term Contract / Maternity Leave

mollye

I have been working in a company for the past 2 and a half years on a fixed term contract due to expire in March. I am pregnant and due end of April. Since last week I am out of work with a slipped disc and doctors tell me I cannot return to work before the babys birth.
During this time my fixed term contract will expire in March. I presume I can be made redundant on this date as the end date was known to be on commencing contract. Or is there a possibility they cannot make me redundant whilst on maternity health leave

GlyfadaGirl

I'm no legal eagle here but I guess that they are only obliged to pay you until the end of your fixed term contract.

Victor

I'd suggest you talk to the rights section in the Department of Enterprise and Employment. Maternity is about the most protected of all rights when it comes to employment.

Might you be entitled to Health & Safety leave (they don't want pregnant women working in say mines or chemical plants)?

In saying that the finish date was known, are you employed for say a specific project, e.g. a building project and it finishes in March? That would be a reasonable use of a fixed term contract, but if its just a matter of dumping you as an employee after a certain period of time, once you are there 1 year, you have full rights.

Also, have a look here: http://www.citizensinformation.ie/categories

mollye

Thanks for the advice. I was employed for a fixed term but not for any specific job. I was also promoted 6 months ago so its not a question of my work being poor or the work not being there. I will check out with the DEE although I don't hold much hope. I'm working for a Local Authority and Health & Safety would not be an issue although does the Health part cover the fact that I have a slipped disc I wonder ?? Anyhow thanks again.

gerrycollins

getting "health and safety" leave whilst pregnant is because you cannot do your job while pregnant if your job requires you to lift heavy loads etc. if an alternative job within your employment can be sourced then there is no need to issue the leave.

Under doctors orders not to return is a different matter because its a medical professional tell you not to work not your employers but your employers has to obey the doctors orders.

As for your contract is there anything in it about renewal based on current performance etc or is it just say "end on such a date".if it ends on such a date then they are covered to letting you go unless you can prove that it was a means to an end.

One angle is the fact they promoted you, why would they do this if you were to be let go in 6 months doesnt make sense.

Maternity is very protected in the law however it will amaze you how many employers are still flouting laws about it.

mollye

Thanks for the advice. Yes I was really surprised when I was told I was going to be let go, 6 months ago my boss had said there would be no problem in renewing my contract. However times are tough out there right now and I guess I'm an easy money-saving target. My contract had no mention of performance, it simply had an end date on it so I don't think I have a leg to stand on.