Are we obliged to keep an employee on a fixed term contract to cover an employee on maternity leave even if the employee on maternity leave chooses not return to work?
Posted in : First Tuesday Q&A ROI on 1 December 2015
Zelda Cunningham
Arthur Cox
Generally, specified purpose/fixed term contracts are used by employers to cover employees on maternity leave. The specified purpose/fixed term contract will have an end date which provides that the employee’s employment will cease when the employee on maternity leave returns to work.
Employees on maternity leave have a statutory entitlement to return to the position (or a suitable alternative) that they held prior to going on maternity leave and therefore, it would be inappropriate for the employer to offer a permanent contract to an individual covering this leave.
If the employee on maternity leave resigns from employment on the expiry of her maternity leave, the employer can, if it so
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Back to Q&A's This article is correct at 01/12/2015
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Zelda Cunningham
Arthur Cox
The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com
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