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Discussion Starter · #1 ·
Hi there, 
I'm hoping that you might be able to help me...

I am 3 months pregnant and seem to be having bad morning sickness and constantly really tiered... I was so ill yesterday that in a space of just over 2 hours i managed to throw up 4 times (spen more time in the ladies then at my desk) so had to go home ill.
I work for a private company and i do not get paid for time off sick...
However i have just seen our payrol lady and told her about how ill i was feeling and she quitely told me that if i am ill and its pregnancy related then i can take time off and will not lose wages/ have a wage deducted (so will still be paid if off sick).. as long as i have a doctor's note. BUT only if its pregnancy related.
There is nothing in my contract to say this so i was just wondering if this is the case or she might be mistaking?

Looking forward to your reply.
Many thanks.
A+A. xxx
 

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Hi

Thanks for your post.

Before maternity leave or the birth of the child, where sickness absence is ‘pregnancy related’ it should not be treated in the same way as normal sickness absences by an employer due to potential discrimination issues.  For example, the absence should be documented but it should not count towards your ordinary sickness record and should not be taken into account in any decision to dismiss, etc. 

There is some slight uncertainty in relation to issue of what employees should be paid for pregnancy related absences.  The position at the moment appears to be that a pregnant employee should receive the same sick pay entitlement as a non-pregnant employee.  There is no current requirement to provide enhanced sickness pay for pregnant employees.

If your company does not have contractual sick pay, you should be entitled to receive statutory sick pay (“SSP”), subject to the SSP scheme rules, including the waiting days.  You can obtain information regarding SSP from the Directgov website. 

I note your comment that there is nothing in your contract about absences in these circumstances.  However, it may be worth checking whether the company has any provisions relating to absences in a staff handbook or sickness policy. 

It may be that the company exercises its discretion in relation to contractual sickness pay and that this is what your colleague in payroll was hinting at.  If possible, I recommend that you to speak to HR/Payroll within your company to clarify the position and also to find out about any sickness notification requirements they may have in place.

I hope you manage to confirm the position.

Kind regards

Louise Gibson
[email protected]
 

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Discussion Starter · #3 ·
Thanks Louise, really appreciate your help
I had a collegue who was pregnant and she was not even with the company for 4 months when she got pregnant and had lots of time off work and was paid full pay for those days. So that had really confused me. As you have sudgested i wil speak to HR department and clarify the situation.

Thank you for your reply,

Kind Regards.
A+A. xxx
 
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