Pregnancy-related sickness absence requires different treatment from ordinary sickness absence in several important respects.
Employers can apply their normal reporting and certification procedures. However, they should record the absence separately and must not use it to disadvantage the employee.
Managers should also consider health and safety risks, medical advice and whether temporary changes could help the employee remain safely at work.
What is pregnancy-related sickness absence?
Pregnancy-related sickness absence is time away from work because of an illness or condition connected with pregnancy.
Examples may include severe nausea, pelvic pain, fatigue or complications that affect the employee’s ability to work. The employee’s doctor or another healthcare professional may confirm that the condition relates to pregnancy.
Employers should avoid making their own medical judgement. Where the reason remains unclear, they can discuss it sensitively with the employee and consider appropriate medical advice.
Pregnancy-related illness is different from time off for antenatal appointments. Eligible pregnant employees have a separate right to reasonable paid time off for antenatal care.
Recording pregnancy-related sickness absence
Employers should record pregnancy-related sickness separately from ordinary sickness absence.
They should not count it towards absence review points or use it when deciding whether attendance has become unacceptable. Doing so could amount to unfavourable treatment because of pregnancy.
The employer can still keep accurate records for sick pay, payroll and workforce planning. However, managers must understand why the records remain separate and how they may use them.
For example, the employer should not include pregnancy-related absence when assessing attendance for promotion, disciplinary action, redundancy selection or an attendance bonus.
Our sickness absence advice for employers page explains the wider principles for managing employee absence.
Reporting sickness and providing evidence
A pregnant employee should normally follow the organisation’s usual sickness reporting procedure. This may include contacting a named manager and providing information about the likely duration of the absence.
The employee can usually self-certify for the first seven calendar days. After that, the employer may ask for a fit note.
The employer should apply its evidence requirements consistently. However, it should allow reasonable flexibility where pregnancy complications make normal communication difficult.
Managers should only ask for information that they genuinely need. Medical information is sensitive and should remain available only to those involved in relevant employment decisions.
Managing pregnancy-related sickness absence fairly
Employers should maintain reasonable contact during the absence without placing the employee under unnecessary pressure.
Useful matters to discuss may include:
- how long the employee expects to remain absent;
- whether further medical appointments are planned;
- whether work has caused or worsened the symptoms;
- whether temporary changes could support a return;
- how often the parties should remain in contact; and
- whether the employee’s maternity leave date may be affected.
The discussion should focus on support and practical arrangements. The manager should not criticise the employee for the amount of pregnancy-related absence or suggest that it demonstrates poor commitment.
Pregnancy-related sickness absence and sick pay
Normal contractual and statutory sick pay rules generally apply before maternity leave begins.
The employee may receive company sick pay where the employment contract or sickness policy provides it. Otherwise, they may qualify for Statutory Sick Pay if they meet the relevant conditions.
Employers should not withhold sick pay simply because an illness relates to pregnancy. They should process the absence in the same way as other certified sickness while keeping it separate for attendance-management purposes.
The position changes if pregnancy-related sickness occurs close to the expected week of childbirth because maternity leave may then begin automatically.
When does maternity leave start automatically?
If an employee is absent because of a pregnancy-related illness during the four weeks before the week in which the baby is due, statutory maternity leave normally starts automatically.
The leave begins on the day after the first day of pregnancy-related absence during that four-week period.
Employers should confirm the revised start date in writing and update payroll arrangements. They should also distinguish genuine pregnancy-related illness from an unrelated condition, as an unrelated illness does not automatically trigger maternity leave.
Further information appears in our article on maternity leave rights.
Health and safety during pregnancy
Once an employee informs the employer in writing that they are pregnant, the employer should assess individual workplace risks and review that assessment as the pregnancy progresses.
Relevant risks may include:
- heavy lifting or physically demanding duties;
- long periods of standing or sitting;
- exposure to harmful substances;
- night work or excessive hours;
- work-related stress; and
- working conditions that medical advice identifies as unsafe.
Where the employer identifies a risk, it should first try to remove or reduce it. If that is not possible, it may need to alter the employee’s hours or working conditions temporarily.
If those steps do not resolve the risk, the employer should consider suitable alternative work. In some circumstances, suspension on full pay may become necessary.
Temporary changes to support attendance
Temporary changes may help the employee continue working or return following pregnancy-related sickness absence.
Possible arrangements include adjusted start times, additional breaks, reduced travel, home working or temporary changes to duties.
Pregnancy itself is not a disability under the Equality Act 2010. However, employers must still protect pregnant employees from unfavourable treatment and comply with health and safety duties.
A separate health condition may also amount to a disability. In that situation, the duty to consider reasonable adjustments may apply alongside pregnancy protection.
Can an employer take formal action?
An employer should not issue an attendance warning or dismiss an employee because of pregnancy-related sickness absence.
Dismissal because of pregnancy or a pregnancy-related illness can amount to pregnancy and maternity discrimination and automatic unfair dismissal. These protections do not depend on the employee having two years’ service.
The employer may still address unrelated conduct or performance issues where it has a genuine reason and follows a fair process. However, it must separate those concerns from the pregnancy and related absence.
Keeping the employee informed
An employee who is away from work because of pregnancy-related sickness should continue to receive important workplace information.
This may include information about promotion opportunities, restructuring, vacancies or proposed redundancies that could affect their employment.
Excluding the employee because they are absent could result in unlawful disadvantage. Employers should agree an appropriate method and frequency of communication.
Our maternity rights at work page covers the employer’s wider responsibilities during pregnancy and maternity leave.
Common mistakes employers should avoid
Employers can increase their legal risk when they:
- count pregnancy-related absence towards ordinary trigger points;
- criticise the employee for repeated pregnancy illness;
- fail to review workplace health and safety risks;
- confuse sickness absence with antenatal appointments;
- fail to start maternity leave at the correct time;
- exclude the employee from important workplace information; or
- allow pregnancy-related absence to influence redundancy selection.
Clear records and informed management decisions can prevent many of these problems.
Advice on pregnancy-related sickness absence
Pregnancy-related sickness absence should be recorded separately and managed without penalising the employee.
Employers Law helps businesses manage pregnancy absence, maternity arrangements, workplace risks and related employment decisions fairly.