Questions about pregnancy - work and pregnancy

Q When do I have to tell my employer I'm pregnant?

A Legally you do not need to tell your employer you are pregnant and when you want your maternity leave to start until 15 weeks before your due date. However, they may have guessed before then!

It is best to put the information in writing and you will need to also give your employer the MATB1 certificate that your midwife will give you at around 24 weeks.

It’s a good idea to tell your employer as soon as possible so that you are then protected from being treated unfairly, including dismissal connected with your pregnancy. You are then also entitled to time off for antenatal appointments.

Your employer should also arrange a risk assessment and remove or make alterations to your workstation or job to avoid your pregnancy being at risk.

Q Once I have informed my manager that I'm pregnant, how can I ensure s/he doesn't spill the beans before I'm ready?

A Explain to your manager that you have chosen to keep the pregnancy personal for the time being and discuss when you would be happy to spread the news.

Keep your manager informed of who knows and don't forget to hide your travel sickness bands if you are wearing them to help with nausea!

Q Can my employer give me the sack for being pregnant?

A Definitely not! You have exactly the same rights to employment as you had previously and your employer cannot use your pregnancy as an excuse to sack you.

A good source of free advice about your rights is your local Citizens Advice Bureau. You can find their contact details in your local telephone directory.

Q Can I have time off from work to see my midwife?

A Yes, once you have informed your employer of your pregnancy you are entitled to time off to attend antenatal appointments and any classes that your midwife advises you to attend. If you are a full time or part time employee you can be paid for this time. Other workers can have the time off but it won’t necessarily be paid.

After your first appointment your manager may ask to see an appointment card as proof that you are going to a pregnancy related appointment.

Q I work with a computer – are VDUs harmful in pregnancy?

A There were previously some concerns about pregnancy complications as a result of computer screens; however, the latest research has been reviewed by the Health and Safety Executive (HSE) and they have suggested that it does not show any links between working with VDUs and birth defects or miscarriage and therefore pregnant women do not need to stop working with VDUs.

Q There is a bug going around the office – should I stay away?

A This really depends on what the bug is!

It is very difficult for you and your employer to ensure you are not exposed to any illnesses and of course you can pick up bugs anywhere, not just at work.

If anyone at work is discovered with a particular illness or infection you may well want to check with our midwives on 0870 777 30 60 or with your GP, to see if it could affect your pregnancy and whether there are steps you can take to avoid a risk.

Q I'm finding the commute to work difficult – what can I do?

A Nausea, whilst able to strike you down at any time of the day or night, is often more common first thing in the morning. See morning sickness for tips to ease the nausea.

If your commute is really making you suffer, talk to your boss about anything that would help. You may want to adjust your hours for a few weeks until you are over the worst of it. Some women find coming in earlier or later means they can avoid the commuting difficulties.

Q My work involves heavy lifting – can I refuse in pregnancy?

A There is no set weight which has been defined as safe to lift in pregnancy. This is because it may depend on your stature, your health and any pregnancy complications.

If you have a job which involves heavy lifting discuss this with your employer during your risk assessment. You may also wish to get written advice from your doctor or midwife and this could be shown to your employer.

Q How soon can I start maternity leave?

A You can choose when you want to start your maternity leave and this can be any time from 11 weeks before the baby is due (around 29 weeks) up until your baby is born, however you must give the correct notice period.

Also if you are off work due to a pregnancy-related illness in the last four weeks before your due date, your employer can insist that your maternity leave begin.

If you have your baby before you were planning to stop work your maternity leave also automatically starts.

It is against the law to return to work until after a minimum of two weeks after the birth or four weeks if you work in a factory.

Q My partner is pregnant – can I take paternity leave?

A You may be entitled if you have or expect to have responsibility for bringing up the child, or if you are the biological father or the mother's husband or partner and you worked continuously for the employer for 26 weeks by the 15th week before the baby is due.

If you are eligible you can choose to take either one or two consecutive weeks' leave (not odd days).
You can start the leave from the date of the child's birth (even if this is earlier or later than the due date), from a chosen number of days after the baby is born or a chosen date later than the first day of the week in which the baby is expected to be born.

The leave must be completed within 56 days of the actual date of birth or if the child is born early, within 56 days of the first day of the expected week of birth.

During the leave period most employees are entitled to Statutory Paternity Pay (SPP) from their employer.
If you plan to take paternity leave you must inform your employer by the end of the 15th week before the baby is expected.

What responsibilities does my employer have regarding health and safety?

They must conduct a risk assessment to make sure your workplace is, or can be made, safe. They must see if there are any hazards and, if so, whether they represent a high, medium or low risk to you or your baby.

If a risk is considered significant, your employer must act to reduce, remove or control the hazard by adjusting either your working conditions or your hours of work. If this isn’t possible, you should be offered suitable alternative work on similar terms and conditions to your original job.

If there isn’t a suitable alternative job, you’ll be suspended on full pay for as long as the risk to you or your baby continues, during which time you’ll receive all your contractual benefits.

You can still choose when maternity leave starts if you’re suspended because your work presents a significant risk to you and your baby. If the risk remains at the end of maternity leave, if this is within six months of the baby’s birth or if you’re still breastfeeding, you’ll be suspended on full pay again.

Your right to maternity pay and maternity leave isn’t affected if you’re suspended for the above reasons. If your employer makes you a suitable alternative job offer and you refuse it, you’re effectively resigning.

If you’re not an employee, the company you’re placed with must provide a risk assessment for you and make changes to remove any risks. However, you don’t have the option of being suspended on full pay if there is no suitable alternative.

If you feel that the risk assessment hasn’t identified all risks or that no adequate action has been taken on the risks identified, discuss it with your manager. If that doesn’t resolve the matter, discuss it with your health and safety or union representative. You can also contact your local authority environmental health or health and safety officer, either of whom may be able to help with the completion of an adequate risk assessment.

For the first six months after your return to work, and longer if you’re breastfeeding, your employer must review your risk assessment regularly to take into account any changes in your physical needs. You must inform your employer in writing that you’ve given birth within the previous six months or are breastfeeding.