Skip to main content
In order to provide complete functionality, this web site needs your explicit consent to store browser cookies. If you don't allow cookies, you may not be able to use certain features of the web site including but not limited to: log in, buy products, see personalized content, switch between site cultures. It is recommended that you allow all cookies.
 
 
Want to stay on the right side of the law? We support businesses and public authorities and help them to promote good practice.
 
 

Pregnancy related illness

inc. miscarriages and stillbirth

What you need to know

 

Pregnancy related illness, miscarriages and stillbirth


A pregnant employee has morning sickness. What should I do?

If she is not well enough to work at certain times of the day, it would be good practice to discuss a temporary adjustment to her hours, for example starting later to avoid rush hour traffic or working from home. You are not legally required to do this, but the alternative might be for your employee to be absent from work for the whole day.


What if a pregnant employee is not well enough to work because she has pregnancy related illness?

If your employee is not able to work because of pregnancy related illness she is entitled to be off work until she has recovered and is fit for work. You must not take account of pregnancy related illness; for example, in disciplinary or redundancy decisions and it must be recorded separately from other sickness absences.


A pregnant employee is off work with pregnancy related illness. Can I ask for medical evidence and ask when she will be back?

A pregnant employee must be treated in the same way as other employees. If you have a policy which requires all employees to provide medical evidence after a period of illness then you can ask for this from a pregnant employee. You must not put pressure on her to return before she is well enough to do so. This might be pregnancy discrimination.
 

Must I pay an employee who is off work with pregnancy related illness?

If the woman's contract of employment entitles her to receive sick pay, then she is contractually entitled to receive sick pay for pregnancy-related absences too.
 

What happens if an employee is off sick in the four weeks before the start of her maternity leave? Can I insist she starts her maternity leave immediately?

Yes, if your employee is off work with pregnancy related illness in the four weeks before her maternity leave is due to start this automatically triggers her maternity leave unless you agree that she can carry on working. If she is still able to work, without risk to her health and safety, and she wants to continue to work, you do not have to insist she goes on maternity leave earlier than planned.

Can I recruit a temporary replacement if my pregnant employee is likely to be off ill for a long time?

Yes, you can recruit a temporary replacement if your pregnant employee is likely to be off ill for a long time, but you must not remove an employee’s job from her just because she is off work with pregnancy related illness. You can cover her absence in the short-term in the same way as you would with any employee. It is good practice to discuss this with your employee to reassure her that her replacement is temporary until she is well enough to return to work.
 

What if she is ill for a reason not related to her pregnancy?

If your employee's ill health is not related to pregnancy then she can take sick leave like any other employee. You must not insist on her starting her maternity leave early unless the illness is related to her pregnancy.
 

Is an employee entitled to time off to have fertility/IVF treatment?

You are not legally required to give an employee time off to have fertility/IVF treatment.  Any time off for fertility/IVF treatment should be treated in the same way as other medical appointments. We recommend that employers treat requests for time off for fertility/IVF treatment sympathetically.  Employers may wish to establish procedures for allowing time off for fertility/IVF treatment.  These procedures may enable women to tell named members of staff on a confidential basis that they are having treatment.
 

What are the rights of a woman undergoing IVF and when is she treated as being pregnant?

A woman undergoing IVF is treated as being pregnant after fertilised eggs have been implanted. If the implantation fails, the protected period, during which a woman must not be treated unfavourably on the ground of her pregnancy, ends two weeks later.
 

What if a woman is ill following IVF treatment?

It is good practice to record pregnancy related illness (which may include illness in connection with the IVF treatment) during the protected period separately from other sickness. It is a legal duty to ignore the pregnancy-related absences during the protected period (inc. where the pregnancy results from IVF).
 

What must I do if an employee has a miscarriage in the first 24 weeks of her pregnancy and needs time off?

Your employee may need time off work if she is ill as a result of a miscarriage (that is she loses the baby in the first 24 weeks of her pregnancy). Sickness absence related to a miscarriage must be treated in the same way as pregnancy related sickness.
 

What happens if an employee's baby is still born?

If an employee’s baby is still born after 24 weeks of pregnancy, she is legally entitled to maternity leave and protection from pregnancy and maternity discrimination in the same way as if she had a live birth.
 
 
 
Print All