Mum’s the word.
Q.“Spring is in the air! And while I’m very happy that two of my team members have just announced that they are pregnant, I’m also panicking because I know we’ve got to do all sorts of things to support them and I’m really worried about getting it wrong. I feel as if they’ve got me over a barrel.”
A. It’s true that pregnant employees have certain rights but so long as you treat them reasonably within the law, there’s no reason why you can’t fully support their happy events.
It may interest you to know that a recent survey showed that almost half of pregnant women have experienced discrimination in the work place and particularly feel that their employer failed to carry out necessary health and safety risk checks on their behalf. However, it was determined that this was not maliciously intended, but due rather to ignorance or confusion – so you’re not alone!
There are a few issues that crop up fairly regularly in relation to pregnancy and maternity leave which I’ll mention here. For example, your pregnant employees are entitled to paid time-off for ante-natal appointments, but this isn’t an excuse for a free-for-all. These visits should be backed up with an appointment card. Equally, whilst sickness often accompanies certain times during a pregnancy, doctor’s notes can be sought.
Conversely, when the maternity leave actually starts, even thought you need not pay salary, contractual benefits remain in place during Ordinary Maternity Leave. It is only during Additional Maternity Leave that you can determine whether you do or don’t wish to continue to provide them. Similarly, inclusion in consideration for any promotions, pay rises or bonus payments should go ahead as normal. You must remember that someone on maternity leave remains an employee. They are not on a sabbatical or on sick leave. I’m aware of instances where pay reviews or regular bonus payments are delayed until a return from maternity leave. Such actions are challengeable. It can be particularly prevalent that employees on maternity leave may fail to be considered for promotion on the basis that they “aren’t working” so “it’s not fair on the other employees”. Any form of discrimination based on pregnancy related reasons is without doubt questionable.
Another instance in which you mustn’t forget to consider your employees on maternity leave is during a redundancy exercise. Whilst it might be tempting to avoid the issue by simply not including them in any consultation, if they are part of a pool of employees who may be affected then they should receive the appropriate communications. Again, choosing someone for redundancy simply because they are pregnant or on maternity leave is, indeed, opening you up to legal challenge, but following the correct processes should ensure that this will not arise.
Pregnancy and its associated rights are often treated like a minefield, often erring on the side of caution – incorrectly believing, like the proverbial ostrich, that doing nothing can’t be wrong! However, the affected employees still have to comply with both the specific and implied terms of their contract of employment.
Take the bull by the horns, seek specialist advice and follow that advice. Create a checklist and stick to it. These rights were put into place to protect a unique situation and a special time in people’s lives. Pregnancy should be celebrated, not feared, nor does having a baby make anyone less of a professional.
March 2005
FX Magazine