Responsibilities as an employer towards a pregnant employee

There are a number of health and safety obligations that an employer should consider when an employee advises they are pregnant.  A safe working environment and this includes conducting a new and expectant mothers risk assessment, adjusting working conditions or duties if certain tasks pose a risk (e.g., heavy lifting, exposure to chemicals, long standing hours) and offering alternative work or paid leave if safe adjustments aren’t possible.

An employee cannot be treated unfairly due to pregnancy as it could be perceived to be discriminatory, this means that an employer should not dismiss or discipline employee for being pregnant, deny promotions, training, or opportunities or reduce hours or change duties unfairly.

Pregnant employees are usually entitled to paid time off for antenatal appointments (e.g., doctor or midwife visits).  An employer can ask for evidence (like an appointment card) after the first one and there should be no penalty imposed for attending appointments.

An employee is entitled to maternity leave and pay ensuring their role is protected.  Typical entitlements include minimum of statutory maternity leave is 52 weeks which includes 39 weeks statutory maternity pay providing the necessary requirements are met.  Some employers provide enhance maternity pay.

An employee can have up to ten keeping in touch days during their maternity leave and it is expected that both parties stay in contact during the maternity leave period.  It would be recommended to confirm all maternity leave details in writing, so both parties are clear of expectations.

Should you wish to discuss maternity related matters, contact one of our CIPD Accredited Consultants on 0800 995 121.