Make up the hours for a hospital appointment?

Nicki

Mimi_Arc_en_ciel wrote: »

I could use some annual leave but it has to be approved in advance - too late for the appointment on Tuesday. Have spoken to my midwife today and she says its against the law for them to make me make the hours up - something about being allowed 4 hours for the appointments. she's told me to look on maternityaction for info so am off there to look.

Sar El has already explained the law to you. You are entitled to paid time off for antenatal appointments. This isn't an antenatal appointment though, even though you are pregnant. It is an appointment to check your thyroid levels. Sar El has advised you that you can take the time unpaid under the Equality Act though.

Seriously, listen to the advice of a barrister specializing in employment law on the legal aspects of your pregnancy, and leave the midwife to advise on the medical aspects only. They aren't all fantastic even at that, but they know nothing at all about complicated employment issues which arise just because you are pregnant.

Mimi_Arc_en_ciel

Sar El - Didnt know you was a barrister and not dismissing what you said - Just want to get everything right so when work kick off i can go "ah...but . . . . "

I never had my thyroid checked today - I had the results today (I had bloods done last week with midwife) I saw 2 doctors and had a scan (i wasnt due in for a scan but was there that long they gave me one), Had blood pressure took and urine sample, then the doctors was talking about my thyroid levels and saying i need to go back in 4 weeks. IF I wasnt pregnant, I wouldnt need to go to the hospital - The doctor could do it, so could it not fall under antenatal because of that?

SarEl

I didn't say that it was definitely not an entitlement - I said that it was far from clear cut and I believe there is a legal argument that this is not an ante-natal appointment because it relates to another condition. I appreciate that it wouldn't have happened if you were not pregnant - but that doesn't make it ante-natal treatment. Please don't get me wrong - I have every sympathy and I think your employer is being a b***d. But the question is whether he is being an unlawful b****d or not - and the fact is that this is not clear cut, so I cannot say that if you pushed this you would have a great chance of winning a claim. Let me put it as simply as I can. You have to have these checks regardless of your pregnancy, don't you? So the checks are on something that is not actually related directly to your pregnancy - this health issue would exist anyway, but you would be able to mamage your appointments outside working hours under other circumstances. But if you GP doing the checks said "You'll have to come in on XX (a working day)" next time, you would have no right to paid time off - or to time off of any sort. Basically, there is no right to have medical appointments during working hours at all - employers just generally work around this, or give the right as part of their contractual conditions.

If this was a result of a tumour, and there is a risk of that tumour returning, then I think there may still be mileage is disability - but even that doesn't give you the right to paid time off to attend. So you either make up the time or take the hit on wages.

But all of this is somewhat illusionary anyway - unless you are prepared to take the risk and insist, and possibly end up in a tribunal. If you are not, then compromise has to be your only avenue remaining.

And I don't know a thing about midwifing - I suggest that you get your birthing advice from a midwife. And the midwife should not try to give advice on the law. Apaprt from anything else - her emploeyrs liability insurance does not cover her or them.

Mimi_Arc_en_ciel

am kind of wih you . . .

Yes i would need to have the checks whether i was pregnant or not - but not as often AND they would be at the doctors surgery (which i would obviously arrange outside work hours)

BUT because im pregnant the doctor wont see me and i need to go to the hospital.

I *may* be able to put today as antenatal care bit because i had to have my scan today

My next hospital appointment is in 4 weeks - providing my levels hasnt changed they said that they may only need to see me 2 further times so its a lot better than what i was originally told

Thank you for the reply Sar El x

Teresa_Green

Hi Mimi,

I am a qualified nurse and know a lot about Thyroids as have had issues with my own!

I think SarEl is correct that you are covered by the Equality Act 2010 but I also consider you to be covered by the right to Antenatal Leave for your hospital appointments.

This is because as you correctly stated your Thyroid function is more closely monitored during pregnancy, by a hospital Consultant Endocrinologist?

It is very important to ensure that your Thyroid function is kept within correct levels during pregnancy (the blood reference ranges even vary at different stages) as additional thyroid hormones are needed during this time and if not produced naturally or supplemented with appropriate medication can have potentially serious consequences for you and especially for not only your baby's growth but future development and abilities too.

I would therefore consider these hospital appointments to be part of your specialist individual Antenatal care, covered by time off with pay.

Hope this helps!

Mimi_Arc_en_ciel

Amethyst289 wrote: »

Hi Mimi,

I am a qualified nurse and know a lot about Thyroids as have had issues with my own!

I think SarEl is correct that you are covered by the Equality Act 2010 but I also consider you to be covered by the right to Antenatal Leave for your hospital appointments.

This is because as you correctly stated your Thyroid function is more closely monitored during pregnancy, by a hospital Consultant Endocrinologist?

It is very important to ensure that your Thyroid function is kept within correct levels during pregnancy (the blood reference ranges even vary at different stages) as additional thyroid hormones are needed during this time and if not produced naturally or supplemented with appropriate medication can have potentially serious consequences for you and especially for not only your baby's growth but future development and abilities too.

I would therefore consider these hospital appointments to be part of your specialist individual Antenatal care, covered by time off with pay.

Hope this helps!

It is under the Endocrinologist but also another consultant as well (I cant remember the name now - its on my notes at home) The doctor reffered me to the Endocrinologist and the midwife reffered me to someone else - They're in the same department at our hospital but not sure if thats the norm. They said as long as my level's dont go over 5.5 it's fine - They was at 3.5 yesterday so they have upped my Levothyroxine doseage and I have bloods again at the doctors in 4 weeks.

At work today - Boss isnt in so dont know whats happening yet. Have brought in the scan picture which gives the date/time so they can see i wasnt skiving in the afternoon!

Teresa_Green

Mimi_Arc_en_ciel wrote: »

It is under the Endocrinologist but also another consultant as well (I cant remember the name now - its on my notes at home) They said as long as my level's dont go over 5.5 it's fine - They was at 3.5 yesterday so they have upped my Levothyroxine doseage and I have bloods again at the doctors in 4 weeks.

At work today - Boss isnt in so dont know whats happening yet. Have brought in the scan picture which gives the date/time so they can see i wasnt skiving in the afternoon!

Hope I haven't worried you, just trying to make the point that they are caring for you this way primarily because of your baby which makes it part of your Antenatal care and therefore covered under that.

It sounds like they are looking after you ok, wishing you all the best for your pregnancy!

Mimi_Arc_en_ciel

No not worried me at all lol I know whats happening - kind of anyway!

My boss still adament im to make the hours up so I've spoken to HR and the MD who have both said it should be paid so they've sorted it for me.

Didnt want to have to go above boss but never mind. Got there in the end - Thank you everyone x