Maternity rights?

Mikki

Hello,

Can someone help me out please? My friend is pregnant and currently off work sick as she has had terrible "morning" sickness. She has evenbeen hospitalised a few times with hyperemesis. She has a doctor's line for her illness.

However, her employer has given her nothing but hassle, she is on sick pay and they have now asked her to go and see the company doctor.

Can they do this? I'm not sure about maternity rights, but I thought if you were off sick with a pregnancy related illness then they couldn't use this as a disciplinary issue as it would amount to discrimination. Can they still insist that she goes and sees the company doctor even though she has a line from her own doctor?

We are in Scotland, not sure if the rules are different.

TIA

Jarndyce

Mikki wrote: »

Hello,

Can someone help me out please? My friend is pregnant and currently off work sick as she has had terrible "morning" sickness. She has evenbeen hospitalised a few times with hyperemesis. She has a doctor's line for her illness.

However, her employer has given her nothing but hassle, she is on sick pay and they have now asked her to go and see the company doctor.

Can they do this? I'm not sure about maternity rights, but I thought if you were off sick with a pregnancy related illness then they couldn't use this as a disciplinary issue as it would amount to discrimination. Can they still insist that she goes and sees the company doctor even though she has a line from her own doctor?

We are in Scotland, not sure if the rules are different.

TIA

Partly they will be wanting to determine for themselves whether or not it is a pregnancy related illness - as you imply they need to treat it differently if it is.

Nothing to worry about if her illness is genuine.

paddedjohn

OP, depending on how long your friend is off for it may affect the amount of SMP she receives.

aberdeensaver

OP, yes they can insisty she sees the company doctor, as this is a wellbeing issue and they will want to take advice on how best to support her from a medical body.

Paddedjohn is right, long periods of sickness especially 2 - 3 months from the start of your maternity leave will effect SMP payments as they take the average pay from the 8(?!) weeks pay prior to the start of maternity leave.

Mikki

Thanks everyone. She has been off for about 8 weeks I think, as I said, she has been in hospital a few times as well. So yes, I assume it will affect what SMP she will end up getting!

From what I gather, her employers haven't been sympathetic at all, and I wouldn't be surprised if they try to get rid of her - they had made comment about the amount of time she was taking off sick. I was just wondering because as far as I was aware, they couldn't use pregnancy-related sickness against her.

Thanks

jazzyman01

It would be better for her to see the Company doctor. If her absence is down to pregnancy then and attempt to discipline or dismiss her for this absence will land them in very hot water.

Googlewhacker

Mikki wrote: »

Thanks everyone. She has been off for about 8 weeks I think, as I said, she has been in hospital a few times as well. So yes, I assume it will affect what SMP she will end up getting!

From what I gather, her employers haven't been sympathetic at all, and I wouldn't be surprised if they try to get rid of her - they had made comment about the amount of time she was taking off sick. I was just wondering because as far as I was aware, they couldn't use pregnancy-related sickness against her.

Thanks

They can't but they have every right not to be sympathetic (8 weeks of not working so far, accruing holiday for no benefit to the company for a choice she made) as well to be fair, just as long as they don't do anything illegal.

However I hope your friend gets better soon and has a good pregnancy.