Maternity and pregnancy discrimination is becoming a more frequent feature in the media. In a report published by the Equality & Human Rights Commission in July, it was estimated that 54,000 new mothers every year may be forced out of their jobs in the UK through unfair discrimination in the workplace.
Here are my top ten tips for employers to help properly manage pregnant employees and their maternity leave in the workplace.
1. Effective planning, awareness and action
As soon as you can, speak to the employees line manager, direct supervisor, line manager and other team members to gauge their views on the best way to arrange cover for the employees leave.
There are a number of options available hire a temp, internally recruit, a secondment or change internal roles it just depends on your business as to what the best decision will be.
As a priority, if the employees work is to be redistributed amongst other staff you should take care that cover arrangements do not create resentment if colleagues end up with an increased workload. This can affect working relationships and impact on work and morale.
2. Communication is vital
Discussing your employees rights and entitlements together is good practice. Talk to her about her plans and the maternity leave policy (if youve got one).
You might want to discuss things, such as: when she expects to finish, how long she will be taking off etc. Nothing needs to be set in stone, but it will simply help to avoid confusion and any misunderstandings, helping to ensure that both parties know exactly where they stand. It will also help you to plan and manage her pregnancy and leave accordingly.
3. Keeping-in-Touch days
An employee on maternity leave may carry out up to 10 days work for you without bringing their maternity leave or pay to an end.
It is very important to note though, that participation in these days are completely voluntary, but may be a good way for the employee to be kept in the loop, and they can coincide with days on which team meetings or training sessions are being held. You cannot require an employee to work a KIT day, nor does she have the right to work without your agreement.
4. Policies, procedures and training
It is entirely expected that you adhere to all policies and procedures that have been previously set out. If, for whatever reason, you do have to stray away from what is set out, ensure that the reason is written down and agreed with the employee.
It is essential that management and supervisors are fully trained and contain a good working knowledge of the procedures and any maternity policy. They also need to understand the obligations of the business and the rights that the employee has during this time.
5. Treating pregnant women unfairly is discrimination
It is discrimination to treat a woman less favourably on the grounds of her pregnancy or maternity leave.
Less favourable treatment may include, for example, a reduction in pay or hours, refusal to offer training or promotion opportunities, putting pressure on to resign or demoting the employee upon their return to work.
Continue reading the tips on page two…
6. Returning to the role
An employee that has taken over 26 weeks maternity leave has the right to return to the same job, unless it is not reasonably practicable for her to do so.
In such cases, an appropriate similar employment must be offered to her. If the employee has taken up to 26 weeks leave and no more, she has the right to return to the same job as before. It is therefore very important that the employee is kept informed of any proposed changes to her role whilst she is on maternity leave, such as a restructuring of the company or if a redundancy situation arises.
7. Pregnancy-related illness must be recorded separately
Sick leave which an employee takes due to a pregnancy-related illness mustnt count towards the employees total sickness record. Similarly, it must not be used as a reason for disciplinary action or redundancy selection. Therefore, employers must record each absence separately.
8. Update risk assessments
Once you have been notified of a pregnancy, you should carry out a risk assessment for that employee. You are then under an obligation to do all that is reasonable to remove or prevent exposure to any significant risk that has been found as a result that assessment.
Although 90 per cent of the time it is likely that nothing will need to change, it is important to review the risk assessment at regular intervals during the employees pregnancy. The employee may require an adjustment to her work station or role, such as a different chair, to be placed on light duties or home working, as their pregnancy progresses.
9. Ante-natal care
Allow your employee to take reasonable paid time off for antenatal care, which must be paid at her normal hourly rate. They are entitled to do so where they have been advised to attend by a registered doctor, midwife or health visitor.
10. Communication during maternity leave
It is always good to have a chat with your employee before their maternity leave starts, in order to see how much contact she would like and the best method of getting in touch as an employer may make reasonable contact with the employee during their leave.
She should be informed of vacancies and promotion opportunities which rise during her maternity leave and should also be sent information about social events, training courses and receive any newsletters of bulletins which are sent to other members of staff.
Danielle Ayres is a pregnancy and maternity discrimination specialist for Gorvins Solicitors.
For more about this topic-?Unfair treatment
