Pregnancy is a life-changing experience for women, bringing about significant physical and emotional changes. These changes can sometimes result in health challenges that require time away from work. Recognising and understanding the importance of pregnancy-related sick leave is crucial for both employees and employers to ensure that pregnant employees receive the support and accommodations they need to safeguard their health and wellbeing while also protecting their employment rights.
Understanding Sick Leave and Pregnancy
What is Pregnancy Related Sick Leave?
Pregnancy-related sick leave refers to the time off work that a pregnant employee may need due to health issues directly related to their pregnancy. This can include conditions such as severe morning sickness, fatigue, back pain, and other complications that may arise during pregnancy. In the UK, employees are entitled to take sick leave for pregnancy-related illnesses without it affecting their statutory maternity leave or pay.
Difference Between Sick Leave & Maternity Leave
Sick leave is taken when an employee is unwell and unable to work, while maternity leave is a period of leave taken by a mother before and after the birth of her child. In the UK, statutory maternity leave is up to 52 weeks, with statutory maternity pay available for up to 39 weeks.
Pregnancy-related sick leave, on the other hand, is treated like any other sick leave and does not reduce the amount of maternity leave an employee is entitled to.
When Should You Take Sick Leave During Pregnancy?
Common Pregnancy Symptoms That May Require Leave
Pregnancy can lead to a range of symptoms that might make it necessary to take sick leave. Some common symptoms include:
- Morning sickness: Nausea and vomiting, often occurring in the first trimester but can continue throughout pregnancy.
- Fatigue: Extreme tiredness that can make it difficult to perform daily tasks.
- Back pain: The added weight and changes in posture can lead to significant back pain as the pregnancy progresses.
- Gestational diabetes: A condition that can develop during pregnancy, requiring careful management and sometimes rest.
- High blood pressure: Also known as hypertension, which can pose risks to both the mother and baby. Hypertension in pregnancy is defined as having a blood pressure reading between 140/90 and 159/109mmHg (millimetres of mercury).
Pregnancy Complications That May Warrant Sick Leave
Certain complications during pregnancy may require more extended periods of sick leave. These include:
- Pre-eclampsia: A condition that affects some pregnant women, usually during the second half of pregnancy (from 20 weeks) or soon after their baby is delivered. Early signs of pre-eclampsia include high blood pressure (hypertension) and protein in your urine (proteinuria). These symptoms would typically be identified during routine antenatal appointments.
- Severe nausea (Hyperemesis Gravidarum): Extreme, persistent nausea and vomiting that can lead to dehydration and weight loss. Hyperemesis Gravidarum often needs hospital treatment.
- Bed rest requirements: In some cases, doctors may recommend bed rest to manage complications such as preterm labour or placental issues.
When to Talk to Your Employer About Sick Leave
It’s essential to speak with your employer as soon as you experience symptoms or complications that may require sick leave. Early communication allows your employer to make necessary adjustments and provide support. It’s also important to follow your company’s procedures for reporting sick leave, which may include providing a doctor’s note or medical documentation.
Your Rights: Workplace Protections for Pregnancy-Related Sick Leave
Workplace Accommodations for Pregnant Employees
UK law requires employers to make reasonable adjustments to accommodate pregnant employees. This can include modifying work duties, providing additional breaks, or allowing flexible working hours. Employers must also conduct a risk assessment to ensure the workplace is safe for pregnant employees.
Can Your Employer Deny Pregnancy-Related Sick Leave?
Employers cannot deny pregnancy-related sick leave if it is supported by medical evidence. Discriminating against an employee for taking pregnancy-related sick leave is illegal under the Equality Act 2010.
If an employer refuses to grant sick leave, the employee can seek advice from their trade union, a legal advisor, or organisations such as ACAS.
How to Request Sick Leave for Pregnancy
Steps to Take When Requesting Leave
- Inform your employer: Notify your employer as soon as possible about your need for sick leave.
- Provide medical documentation: Usually, a ‘Fit Note’ will be required once a period of sickness absence has exceeded seven days. The same applies to a pregnancy-related sickness absence, even though it will not be recorded as an actual absence. The Fit Note can help in formulating a return to work plan, and any such plan relies on having all the information, including medical evidence.
- Follow company procedures: Adhere to your company’s specific procedures for requesting sick leave.
What to Include in Your Sick Leave Request
When requesting sick leave, include the following information:
- The reason for your leave (e.g., pregnancy-related illness)
- The expected duration of your leave
- Any medical documentation or doctor’s notes supporting your request
Doctor’s Notes and Medical Documentation
Medical documentation is crucial for substantiating your need for sick leave. Ensure that your doctor’s note clearly states that your illness is pregnancy-related, as this provides legal protection and ensures your leave is recorded correctly.
Tips for Balancing Work and Pregnancy
Balancing work and pregnancy can be challenging, but there are strategies to help manage both:
- Prioritise rest: Take breaks throughout the day to rest and recharge.
- Stay hydrated and eat healthily: Proper nutrition and hydration are vital for maintaining health and energy levels.
- Communicate with your employer: Keep in regular communication with your employer about your needs and any adjustments that may help.
When to Consider Remote Work or Flexible Hours
If your job allows, consider requesting remote work or flexible hours to manage your pregnancy-related symptoms better. This can reduce stress and provide a more comfortable working environment.
FAQs About Sick Leave Due to Pregnancy
How long can I take pregnancy-related sick leave?
You can take pregnancy-related sick leave for as long as your doctor deems necessary, but it should be supported by medical evidence.
Can I receive paid sick leave for pregnancy-related reasons?
Yes, you are entitled to statutory sick pay (SSP) if you meet the eligibility criteria. This includes being off work for at least four consecutive days and earning above the lower earnings limit.
However, if your illness is pregnancy-related and occurs in the four weeks before your baby is due, your maternity leave and pay will start automatically. Your employer must record pregnancy-related sickness separately, ensuring it does not negatively impact your employment.
What if my employer refuses to give me time off?
If your employer refuses to grant pregnancy-related sick leave, you can seek advice from your trade union, a legal advisor, or organisations such as ACAS.
Does pregnancy sick leave affect maternity leave?
Your statutory maternity leave or pay will be unaffected. If you are unwell during your pregnancy, you should follow your employer’s normal sickness reporting procedures. If you are off work due to an illness related to your pregnancy in the four weeks before your due date, your maternity leave will automatically commence.
Health During Pregnancy
You must take care of your health during pregnancy and know your rights to antenatal care, maternity leave and benefits. If you have any concerns about your health while at work, speak with your doctor, midwife, or your employer’s occupational health service. You can also speak with your employer, a union representative, or someone in the Human Resources (HR) department at your workplace.
How can MCL Medics help?
Once you advise your employer that you’re pregnant, they should do a risk assessment with you to see if your job poses any risks to you or your baby. If there are any risks, they must make reasonable adjustments to remove them. This can include changing your working hours.
Our team of experienced occupational health professionals can support new and expectant mothers in the workplace. Our expertise ensures that pregnant employees and new mothers receive the necessary accommodations and support to maintain their health and well-being while continuing to work.
Occupational Health Services and Employee Assistance | MCL Medics
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