Notification of Pregnancy
I think that an employee may be pregnant; can I ask her?
It is not good practice to ask a woman if she is pregnant, unless she has formally notified someone, for example, her manager or human resources. She does not have to tell you until 15 weeks before her due date.
What information should I give an employee who tells me she is pregnant?
Tell her about any policies you have which cover pregnancy, maternity leave and other parental leave rights. She may need advice about time off for antenatal care, health and safety risks and details of the information she needs to give you before her maternity leave. For further information on employees’ rights is available on the
NI Business Info website
It would also be helpful if you advise the pregnant employee of your policies for returning from maternity leave, for example your flexible working policy and your breastfeeding policy.
Must I treat a pregnant employee differently in any way?
Unless a pregnant employee needs adjustments to her working conditions for health and safety or pregnancy related reasons, you must treat her the same as any other employee.
Can I talk to a pregnant employee about her pregnancy?
Yes, you can talk to a pregnant employee about her pregnancy. For example you might want to ask:
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How she is feeling, as this may be necessary to consider health and safety or other adjustments to her work, for example to the hours she works.
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When she wants to start her maternity leave and how long she is likely to take; but you must not put pressure on her to make a firm decision before she is ready or has to do so.
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When she wants to take her annual leave; this continues to build up during her maternity leave.
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How she thinks it may be best to cover her maternity leave.
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When to hold an appraisal if this is due during her maternity leave.
What do I need to avoid saying or doing?
You must not put pressure on a pregnant woman to say exactly when she will start and finish her maternity leave until she has to do so (15 weeks before her due date). You must not make negative comments or jokes about her pregnancy or maternity leave or allow other employees to do this.
My employee is due back from maternity leave and I think she is pregnant; do I have to let her return to work?
Yes, you must not treat her unfavourably because she is pregnant. If you treat her unfavourably or prevent her from returning to work, this would be pregnancy discrimination.
She is entitled to a further period of maternity leave and she may qualify for statutory maternity pay (SMP) or any contractual maternity pay for her next baby if she meets the normal qualifying conditions. You must calculate her entitlement to SMP. If she is not entitled to this you must give her form SMP1 so that she can claim maternity allowance.
Most or all SMP you pay can be reclaimed from HM Revenue & Customs.
All employers can reclaim 92% SMP.
How do I ensure that my employees do not bully or harass a pregnant colleague?
It is good practice to provide training on managing pregnancy and maternity leave at work on a regular basis, not just when an employee is pregnant.
It is also good practice to have a clear written policy on harassment and bullying that you enforce by taking disciplinary action against employees who do harass or bully. Follow this link to download the Commission’s template harassment policy for employers.