Being Pregnant at Work

There are various things to take into account when you find out you are pregnant. If you are still at work you have to let your employer know so you can arrange those all important appointments and you should also be aware of your rights as an employee.

Four Key Rights

Pregnant employees have four key rights:

• Paid time off for ante-natal care
• Maternity leave of at least 26 weeks plus an additional 26 weeks, totalling a year.
• Maternity pay benefits - usually Statutory Maternity Pay or Maternity Allowance
• Protection against Unfair Dismissal

Telling Your Employer

You must tell your employer you are pregnant at least 15 weeks before the beginning of the week in which your baby's due. You should also tell them when you want to start your Maternity Leave and receive Statutory Maternity Pay. However, it's often a good idea to tell them earlier so they can plan around your maternity leave and fulfil their legal obligations to you. This is particularly important if there are any health and safety issues and you cannot take any paid time off for ante-natal appointments until you've told your employer that you're pregnant. If you do take maternity leave, your employer will assume you are taking off the full amount you're entitled to so if you intend coming back sooner, you need to give your employer at least 28 days' notice.

Time Off for Ante-Natal Care

However long you've been in your job, you are entitled to a reasonable amount of paid time off for ante-natal care which must be at your normal rate of pay and it is unlawful for an employer to refuse this right. As well as medical examinations, ante-natal care can include relaxation classes, for example, if recommended by your doctor. Where possible, however, you should try to schedule any appointments outside working hours.

Health and Safety Issues

Your employer must carry out a Risk Assessment to your job to identify any possible risks to you and your unborn child. These risks may be caused by:

• Lifting or carrying heavy loads
• Standing or sitting for long periods
• Exposure to toxic substances
• Long working hours

Your employer is then obliged to either remove the risk or remove you from the risk (for example, by offering you suitable alternative work) but if neither of these options is possible, your employer should suspend you from work on full pay. If you think you're at risk and your employer doesn't agree, you should first talk to your health and safety representative or a trade union official but if your employer still refuses to take action, you should talk to your doctor and/or inform the Health and Safety Executive.

Pregnancy Related Illness

If you have to take time off work due to a pregnancy related illness in the four weeks before your baby is due, your maternity leave will begin automatically, no matter what the previous agreement was with your employer.

Compulsory Maternity Leave

Even if you've decided not to take Statutory Maternity Leave, you must take off two weeks as soon as your baby is born or four weeks if you work in a factory.

Discrimination and Pregnancy

It is unlawful Gender Discrimination for employers to treat pregnant women less favourably because they're pregnant or if they wish to take maternity leave. Such treatment includes:

• Trying to reduce your hours without your permission
• Suddenly giving you poor staff reports
• Giving you unsuitable work
• Making you redundant because you're pregnant
• Treating days off sick because you're pregnant as a disciplinary issue

If your employer changes the terms and conditions of your employment whilst you're pregnant, without your express permission, they are in breach of contract.

What to do if You Have Problems and Where to Seek Help

Talk to your employer firstly if you feel you are being denied your rights. If you have an employee representative - a trade union official for example, they may be able to help.

If this fails, you may need to make a complaint using your employer's internal grievance procedure. If you're still unhappy, you may wish to take your case to an Employment Tribunal. Your local Citizen's Advice Bureau and the Arbitration and Conciliation Service (ACAS) both offer free, impartial advice.