Q And A
Can agency workers get Maternity Leave? Ask the expert
I work as a locum, through an umbrella company. I have been employed through an agency for a few years now. Am I entitled to any maternity leave?
Answer by Jane Barclay
Without seeing any written arrangements pertaining to your work situation, I would anticipate that you’re classed as a ‘worker’ rather than an ‘employee’ for the purpose of Maternity Rights. As a worker you are entitled to take up to 52 weeks’ maternity leave, but would not necessarily qualify for Maternity Pay (either Statutory or Company). However, you may well be entitled to Maternity Allowance (currently £117.18 per week) which is paid for 39 weeks and you can claim it via Jobseekers Plus. The DirectGov website also gives further information on this matter. However, I would also suggest that it is worth speaking to the ‘Agency’ that provides the work you do – to clarify whether you are classed as an employee or a worker according to any contract of employment or contract for services in place.
I wish you all the best with your pregnancy.
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