Expectant Mothers in the Workplace

Pregnancy is not an illness and many pregnant and breastfeeding women now work full time - but it’s important for employers to recognise that mums-to-be have additional rights (and needs).

If a business employs women of child-bearing age, it is vital that employers carry out a risk assessment for pregnant women because often a woman doesn’t find out that she is pregnant for six to eight weeks.

During that time, the health of the woman or her baby could be put at risk if she is exposed to hazards in the workplace.

If you are pregnant, a new mother (baby within past six months) or breast feeding, it’s important to inform your employer in writing as soon as possible as they will need to carry out a more detailed assessment.

The Management of Health and Safety Regulation 1999 makes it compulsory for an employer to protect employees who may be expecting a baby or are breast feeding.

What to do if an Employee is Pregnant

If an employer receives confirmation of pregnancy, birth or breast-feeding they must conduct a specific risk assessment for the employee involved and this must take into account any advice given by the employee’s midwife or GP.

If any risks are found in the workplace, the employer must remove, minimise or control this risk in one of three ways:

• By temporarily adjusting working conditions or hours of work
• By offering suitable, alternative work at the same rate of pay
• If no suitable work is available, the employee must be suspended from work on full pay

Some work is totally unsuitable for mums-to-be (such as working in an underground mine, working with lead or working with certain chemicals).

But many other jobs could be unsuitable if they involve risks such as:

• Excessive working hours
• Standing for long periods of time
• Working at height
• Working at high or low temperatures
• Excessive noise or vibration
• Working alone for long periods of time
• Unusually stressful work

A pregnant woman should discuss any potential risks with her GP or midwife since they can provide a medical certificate for her employer advising that she must not be exposed to a specific risk. For example, a midwife may feel that working long nights shifts is not advisable.

If the GP or midwife believes the woman’s job is unsuitable, she must be given time off with full pay for as long as necessary IF an employer cannot offer suitable alternative work.

Rights of Pregnant Workers

Pregnant women become tired more easily and need to use the toilet more often so they should be given more frequent rest breaks.

Employers must provide suitable rest facilities for pregnant or breast-feeding employees. (In addition, employers are encouraged to provide a clean and private place where nursing mothers can express and store milk. A toilet is not suitable for this.)

Rest facilities should be close to a toilet (where possible) and include somewhere the employee could lie down if necessary.

Pregnant women are entitled to ‘reasonable’ time off for antenatal appointments and/or classes. There is no set definition of reasonable, but it is likely to be covered if a midwife advises it.

This time off must be paid but after the initial appointment, employers can ask to see evidence of future appointments or classes (such as an appointment card or letter.)

Pregnant women should ask their health worker for information relating to work since there are time limits for informing employers of pregnancy and planned maternity leave.

If a woman is absent from work due to pregnancy related sickness within four weeks of the baby’s due date, this will trigger her maternity leave automatically (even if she had planned to work until closer to the birth.)

By law, pregnant women cannot work during the first two weeks after giving birth. (Factory workers must not work for four weeks.)

A woman’s entitlement to maternity leave and maternity pay varies according to the length of time she has worked for an employer and her usual earnings.

Partners may be entitled to paternity leave, but again there are time limits for informing employers of their intention to take leave.

All pregnant women are protected from any unfair treatment due to their pregnancy and if an employer fails to properly protect the health and safety of a pregnant woman, it is automatically regarded as sex discrimination.

Employers must address any possible risks such as awkward work spaces, handling or carrying heavy objects or exposing a pregnant woman to potentially violent customers or clients.

Since the risks can vary for every job, an individual risk assessment is vital.