The Equality Act 2010 states that employers cannot discriminate to treat an employee unfairly because of a pregnancy related illness.
Not all pregnancies are the same and illness during pregnancy can affect people at any stage and in many different ways. It is important to support your employee through their pregnancy-related illness as this can be a very anxious time for most.
Employers may consider different start and finish times, opportunities to work from home (e.g. insurance paperwork, reception duties, stock taking, client talks, social media, newsletter, clinical audits, etc) or additional breaks in the day. Regular reviews throughout your employee’s pregnancy will allow you to assist your employee as much as possible if they have physical or mental health difficulties when pregnant.
If your employee cannot work because of a pregnancy related illness they should notify you as per the normal protocol for reporting sickness and receive their usual sick pay. You may ask your employee to provide a ‘fit note’ from their GP.
Leave due to pregnancy-related illness should be recorded separately from standard sick leave.
An employee should not be forced to take maternity leave early, however if they take sick leave because of pregnancy-related illness in the 4 weeks before the baby is due, maternity leave starts automatically the day after the first day off.
Alternatively, employees have the option to choose to begin their maternity leave early either:
- From up to 11 weeks before their baby is due
or
The following websites give further advice relating to pregnancy related illness:
ACAS: Illness and difficult pregnancy
ACAS: Checking your rights
GOV.UK: Statutory Maternity Pay and Leave: employer guide