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Working while Pregnant

Working and Pregnant? Know your rights.

She never quite leaves her children at home, even when she doesn't take them along.
Margaret Culkin Banning 

A lot has been said about the pressures and challenges associated with being a working mom. But what about the demanding months leading up to the birth? You know you become a mom long before you hold your baby in your arms, but how does your employer feel about your new status? Knowing your rights - and those of your employer - is essential in making working while pregnant an agreeable experience for you, your baby and your employer.

The first and most important point for both employers and employees to note is that no person may be discriminated against, or dismissed, due to being pregnant. If you are pregnant your employer must protect your health and safety and you may have the right to paid time off for antenatal care. Your employer should also protect you against unfair treatment.

The Code of Good Practice stipulates that employers are required to provide and maintain a work environment that is safe and without risk to the health of employees.  The Code states that this includes risks to the reproductive health of employees. The Code of Good Practice further gives specific requirements regarding pregnant and breastfeeding mothers. It requires that employers actively identify and assess risks and then take appropriate action to avoid any such risks to the employee, the unborn child or the breast-feeding child.

While many women may know that they may not be directly discriminated against, one wonders how many realise that they do not in fact have to suffer through pregnancy’s many little discomforts in silence, or become unnecessarily stressed because of unavoidable physical changes. The Code of Good Practice deals extensively with aspects of pregnancy that may affect work. It addresses such issues as morning sickness, backache, varicose veins, the need for more frequent trips to the loo, tiredness and the increasing size and discomfort of the employee as pregnancy progresses. It even addresses issues such as the employee’s sense of balance becoming affected if she is required to work or walk on slippery or wet surfaces in the workplace.

Pregnant employees have four key rights:

  1. Paid time off for antenatal care
  2. Maternity Leave
  3. Maternity pay benefits
  4. Protection against unfair treatment or dismissal

Additionally employers are obliged to ensure the health and safety of pregnant employees within the workplace.

    What about Maternity Leave?

    Statutory Maternity Leave

    In the UK you have the right to 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. The combined 52 weeks is known as Statutory Maternity Leave. However you need to be an employee to qualify for the Statutory Maternity Leave.

    You can start your Statutory Maternity Leave any time from 11 weeks before the beginning of the week when your baby's due. If you are off work because of your pregnancy within four weeks of the expected birth date, your employer can make you start your Statutory Maternity Leave then

    Paternity Leave

    The father of your child is entitled to the two weeks’ Statutory Paternity Leave and they may also have the right to up to 26 weeks' Additional Paternity Leave which can be taken 20 weeks after the child is born.

    In order to see what you are entitled to with regard to Statutory Maternity Leave and Pay you can use the online maternity rights tool. This would vary depending on your working status.               

    Visit http://www.direct.gov.uk/maternity.dsb

    For more information on Working when Pregnant go to:

    www.direct.gov.uk


     
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