Can employer make OH take holiday / sick leave for ante-natal appointments?

ifiwerearichman123

Hi All

OH is 20 weeks pregnant and for a number of reasons (age, BMI, spine problems) has a number of consultant / midwife / ultrasound appointments set up. Today employer wrote that she "will have to" take time off "for all of these" appointments and recommending we go private. We cannot afford to go private but that's by the by. My question is really, can employers make women take holiday / sick leave for antenatal appointments? I thought women were legally entitled to this paid time and didn't have to use holiday time? Her maternity policy says " female employees are entitled to take a reasonable amount of time off during working hours for antenatal care provided that it is advised by a registered medical practitioner, midwife or health visitor". It may be that my OH is having more appointments than "normal" but they are all on medical advice so what is reasonable? thank you for your help

happilymarried2013

She shouldn't have to take her own holiday to do this.

I had to fight to get time off (paid) for treatment for a condition exacerbated by work.

Probably not very diplomatic but I remember my doctor telling me that if I had cancer they would bend over backwards to help me. In essence, what I think she was trying to say was that ignorance and not understanding policies lead to situations like this. Go to HR with a letter from the midwife and Dr.

You'll be absolutely fine.

Many congratulations on the pregnancy, I hope everything goes well for you xx

Tigsteroonie

ifiwerearichman123 wrote: »

Her maternity policy says " female employees are entitled to take a reasonable amount of time off during working hours for antenatal care provided that it is advised by a registered medical practitioner, midwife or health visitor".

This is my understanding as a line manager in our organisation - if the additional appointments/scans are hospital recommended, then they get this time as paid leave as "hospital appointments". Time off for 4D scans to get a cute photo of the baby would not be covered.

ifiwerearichman123

Thank you Happilymarried. The situation is stressing her out which is not what I want so this is good advice

FreddieFrugal

Definitely not

Pregnant employees have 4 main legal rights:

• paid time off for antenatal care
• maternity leave
• maternity pay or maternity allowance
• protection against unfair treatment, discrimination or dismissal

‘Antenatal care’ isn’t just medical appointments - it can also include antenatal or parenting classes if they’ve been recommended by a doctor or midwife.

Employers can’t change a pregnant employee’s contract terms and conditions without agreement - if they do they are in breach of contract.

Employers must give pregnant employees time off for antenatal care and pay their normal rate for this time off. The father or pregnant woman’s partner has the right to unpaid time off work to go to 2 antenatal appointments.

Taken from gov.uk

ifiwerearichman123

Thanks Tigsteroonie - yes, these are all official NHS appointments, not elective choices

ifiwerearichman123

Thanks Freddiefrugal

BNT

ifiwerearichman123 wrote: »

Hi All

OH is 20 weeks pregnant and for a number of reasons (age, BMI, spine problems) has a number of consultant / midwife / ultrasound appointments set up. Today employer wrote that she "will have to" take time off "for all of these" appointments and recommending we go private. We cannot afford to go private but that's by the by. My question is really, can employers make women take holiday / sick leave for antenatal appointments? I thought women were legally entitled to this paid time and didn't have to use holiday time? Her maternity policy says " female employees are entitled to take a reasonable amount of time off during working hours for antenatal care provided that it is advised by a registered medical practitioner, midwife or health visitor". It may be that my OH is having more appointments than "normal" but they are all on medical advice so what is reasonable? thank you for your help

The maternity policy reflects the wording in law. The employer can ask for evidence of the appointment and documentation that it has been recommended by a registered medical practitioner, midwife or health visitor, but cannot refuse a reasonable request to take paid time off for antenatal care. Refusal could be (and has been in some cases) considered reasonable if a part-time employee did not try to schedule some of the appointments during non-working time, or if the antenatal appointments were for educational rather than medical purposes. However, each would be considered on a case-by-case basis and such grounds for refusal would be extremely rare, especially as the requests are medically advised.

peachyprice

OP, she IS entitled to paid time off,

suggest she print out this .gov page and presents it to her line manager

https://www.gov.uk/working-when-pregnant-your-rights

Same from ACAS

http://www.acas.org.uk/index.aspx?articleid=5343

and TUC Worksmart

https://worksmart.org.uk/work-rights/family-friendly-work/maternity-leave/can-i-take-time-work-attend-antenatal-classes

PeacefulWaters

Is this a big company?

If so, name and shame them.

penguingirl

Congrats on the pregnancy. Is your partner in a union? Might be helpful to ask them for some support as they will be very used to this. I would write to the manager explaining that all appointments are recommended by medical professionals and quote and reference the bit from the gov website about being entitled to time off for appts. Of course put in a comment that you are happy to provide copies of appointment letters and where possible will attempt to arrange appointments to minimise the impact on your work (e.g. beginning/ end of day). Does the company have HR? I'd copy them in. My gut instinct is that they will be unimpressed with the manager who sent this.