30/05/2019
A great post on your rights at work while pregnant
P R E G N A N C Y & W O R K
Grab a brew for this one!
Some of you may know that as well as being an antental teacher my other professional hat is as an HR Manager (yes, yes, I've heard all the jokes 🙄). Pregnancy and HR often go hand-in-hand and as there's been a few different conversations going on between some of my clients recently I thought I'd do a whistle-stop tour of pregnancy rights when at work.
Disclaimer up front - the world of employment legislation is never easy, and never more so when pregnancy is involved so none of this should be used for your own specific situation and you should always get your own advice if you have something you're concerned about. Blah blah blah, legal, legal, legal.
When to tell work you're pregnant: You MUST tell your employer you're pregnant at least 15 weeks before the week the baby is due, so by the end of your 24th week of pregnancy. I'd always suggest informing them sooner rather than later because that way you can be kept safer. You don't have to immediately announce it to the office as soon as you p*e on a stick, but telling a few key people might ease some of the stress. It certainly helps if your colleagues know you're pregnant if you're running out of meetings to find the nearest vomitarium, are suddenly and surprisingly refusing cups of tea, or have developed a rather strange allergy to herbs that makes you ill...
Appointments: You have the right to paid time off for antenatal care without taking this from your annual leave allowance. Antenatal care doesn't just mean your regular scheduled health checks either; it covers all scans and extra appointments as well as any midwife/doctor recommended antenatal/parentcraft classes. Most of these tend not to be in the working day but it gives you a bit of flex for leaving early if you need to. Your partner/the baby's other parent is allowed time off for 2 antenatal appointments up to 6.5 hours per appt. Many employers will allow time off for all the appts but some don't (because, y'know, heaven forbid a soon-to-be-parent tries to take an active part in their unborn's wellbeing 🙄)
Health & Safety: Urgh, yeah, that. But it's important when you're pregnant that your company takes even better care of you than they normally do - after all, it's your kid that will be paying the taxes that pay their pension 😉 You must be covered by a specific risk assessment in pregnancy that covers off all potential risks to your wellbeing. And even in office jobs there's a lot! Your body does wonderful things when you're pregnant but it's at one of its most vulnerable points too. If there are risks then your employer must remove them for you. If they can't do that they need to find suitable alternative work for you. If that's not possible then they must put you on fully paid suspension until the risk is removed or you start maternity leave. I know you don't want to be that guy causing a fuss but you're you and your baby's biggest advocate and you're responsible for making sure you're both healthy. Heavy stuff!
Maternity Leave & When To Take It: Maternity leave is a day 1 right, so if you're pregnant and an employee you're entitled to take up to 52 weeks leave. The earliest you can start maternity leave is at 29 weeks of pregnancy. You can change your maternity leave start date with 28 days notice although pragmatically this isn't always possible.If you're ill with a pregnancy-related illness after 36 weeks of pregnancy and you're still working this can trigger an automatic start of your maternity leave, even if you intended to work right up to the hilt.
Maternity Leave...How Long: If you work in an office you have to take 2 weeks leave after the birth of your baby (4 weeks if your job is manual). That's it, the end, it's the law, no arguments. You can take up to 52 weeks and you also have your annual leave allowance including your accrued Bank Holidays to top up your leave. You can change your maternity leave return date with 8 weeks notice, if you want to (although if you decide to resign only your normal notice period would apply which may be less than 8 weeks).
Maternity Pay: Chances are you're entitled to 39 weeks maternity pay. To qualify you have to have been an employee for 26 continuous weeks up to the 25th week of pregnancy, earn at least £118 a week and have given correct notice.If you're not entitled you may receive Maternity Allowance direct from the government. SMP is taxable but you don't have to pay it back, unlike company maternity pay which you may receive and may have conditions attached, such as returning for a minimum of 6 months after your leave.
Shared Leave: You might want to share your leave with your partner. Essentially you give up some of your maternity leave so they can take it as well as or instead of you. Writing about the ins and outs of the scheme would and does fill up several pages of company handbooks but suffice to say here, it exists so be aware of it while you're planning.
KIT/SPLIT Days: While you're on maternity leave you might want or need to get into work for a particular reason, or to keep your hand in. While on maternity leave you have 10 Keeping In Touch days to use, although your employer doesn't have to agree to them (but likewise, you can't be pressured into doing them). Payment needs to be agreed with your employer - some pay for the hours done, some pay for the full day regardless of how many hours you're in but remember that even if you're only working for half an hour, that's one full day gone from your entitlement. If you share your leave with your partner you (and they) are also entitled to 20 additional SPLIT days. Same rules apply. (Side note - In Touch days dramatically increased when more men were given the ability to take more time off. Patriarchy, eh?)
Work While You're On Leave: Being off on maternity leave affords you some additional rights. If changes to the business are happening while you're off you have the right to be kept abreast of the situation. If you're at risk of redundancy being on maternity leave can't stop it happening, but you're obliged to be offered any suitable alternative as a top priority. As an aside, being off on leave while all your colleagues are still working can sometimes suck big ones so make sure your workplace are supportive and respectful of you.
Discrimination: Unfortunately pregnancy discrimination still exists because sometimes organisations or people within them are dicks. Amirite?! Even more unfortunately when you're pregnant or have just had a baby is THE worst time to stand up for your rights and a lot of the sh*tty behaviour never gets called out meaning organisations never have to face their truths. Those of you who have had the strength to stand your ground, I salute you! Those who have suffered but have chosen to concentrate your efforts on you and your families, I see you and I give you an awkward shoulder-pat in solidarity.
If you think something is happening that shouldn't be these organisations can help:
ACAS - they're the first port of call and should be ok for basic rights but they're sometimes a bit...well, basic, in my experience. ACAS.org.uk
Maternity Action - the UK's leading charity to fight inequality and improve the health of pregnant women, Maternityaction.org.uk
Pregnant Then Screwed - support for women who have suffered discrimination in pregnancy, including a free legal helpline. Pregnantthenscrewed.com
My final comment is that maternity leave and pay are an entitlement if you suffer a loss after the end of the 24th week of pregnancy. Before that it’s classed as a miscarriage and your pregnancy entitlements stop and transfer over to your sickness policies.
Whew, that pretty much covers some of the basics. Good luck!
