Maternity leave for pregnant Flying Instructors

[Awooga]

Hi, I have a question, and was wondering if anyone would be able to help me!

- I am a QFI, flying at a local airfield. I only fly weekends.

- I am paid the usual hourly rate for flying (no salary).

- I do not have a contract of employment.

- My tax is paid "PAYE" and I get a monthly payslip.

I am about to start a family, and was wondering what (if any) maternity pay I am entitled to? I contacted Citizens Advice, but they were a bit vague. The confusion arises because of the CAA recommendation that pregnant women do not fly in the first 3 months of pregnancy, and the last 3 months. I was wondering if I am entitled to any pay during this period?

Also, would I still be entitled to my job on my return from Maternity leave?

If anyone has any similar experiences, please tell me!

Thanks for helping :ok:

[Pilot Paul]

Not sure about the maternity issues, but just a few thoughts on the employment law side...

1. If you are paid PAYE (i.e. Schedule E) then you are an employee, even if only a part time one.

2. If you are an employee, then you have an employment contract, whether written down or not.

3. If a written contract does not exist, then a court or employmemnt tribunal (should it ever come to that!) will construct a "virtual" one, based on the facts of your employment and whatever they consider "reasonable".

4. Given my previous point, it really makes sense for both you and your employer to agree contractual terms and write these down, rather than wait for some court to produce something that satisfies neither of you.

5. I believe that there has been legislation produced recently conferring reasonable employment rights on part time employees (after a reasonable period of service) - maybe the DWP website will have more info...

I am not an employment lawyer, so please don't take the above as Gospel!

Good luck!

Pilot Paul

[Steevee]

Awooga

I am not a lawyer, but I am an employer (not of pilots, I hasten to add).

All women in employment have the right to statutory maternity leave. There are no service qualifications for ordinary maternity leave (i.e. you don't have to have been employed for a particular period of time by your employer before you qualify), but you need to give notice to your employer of your intention to take statutory maternity leave at the 15th week before your expected week of confinement (i.e. the week the baby is expected).

You are entitled to 26 weeks of "ordinary" maternity leave and 26 weeks of "additional" maternity leave during which time your contract of employment remains in place, and you are entitled to return to your job at the end of the leave period. Your employer cannot dismiss you for being pregnant - this is automatically classified as unfair dismissal.

To qualify for statutory maternity pay, you must have been employed continuously in the same job with 26 weeks' service as at the 15th week before the EWC and your average weekly earnings must be at or above the lower earnings limit (currently £77 per week). It does not matter whether you are part-time or full-time so long as the employment is continuous. The amount payable is six weeks at 90% of your earnings and 20 weeks at £100 per week or 90% of average weekly earnings where these are less than £100. Your employer can recover this through a reduction to his/her monthly tax/NI payments to the Inland Revenue.

I am not sure how issues about not being allowed to work for safety reasons will affect your particular circumstances and plans but the above are your statutory rights in law.

Hope this helps.

Steevee