sick leave due to mastitis. legal query.

[lamprey42]

I've had two bouts of mastitis since I went back to work. With another couple of days off for flu that brings me to threshold for formal warning. I know pregnancy related illness is not counted because of sex discrimination legislation. Does anyone know if bf related sickness is excluded too?

I'm not sure. Would be interested to know. How are you feeling? Mastitis is horrible.

I think as men can't have babies, therefore can't breastfeed and get mastitis, then yes you are protected. I was off sick for 5 weeks prior to starting my mat leave with SPD and it didn't count for precisely this reason.

Thanks Universal I am feeling much better now - got antibiotics from doc.

MadScientist that was my feeling too. In GB the equality act 2010, section 13 on direct discrimination specifically mentions it '(6)If the protected characteristic is sex—(a)less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding'. Discrimination on grounds of pregnancy and maternity leave is also specifically mentioned which is why sick leave during maternity doesn't count. However, we're in NI and while our legislation includes the maternity bit and talks about direct discrimination it doesn't specifically mention BF and therefore it is not in our workplace policy - might not have been an issue before as BF rates v low over here.

I've contacted the equality commission (google informed me we had one!) and will report back.

Mad scientist, I don't think that arguement works, if it did then employers wouldn't be able to treat any gynaecological issues as sick leave. SPD is clearly pregnancy related.

Breast feeding is pretty clearly pregnancy related as well :-)

It's a genuine minefield, I hope you get the answer you want.

You can get mastitis without being pregnant or breastfeeding - I had it when I was a teenager. Men can also get it to. It is just much more common when breast feeding.

I never knew that McBaby. Good to be fully informed.

I don't know the answer but agree that the logic that it only happens to women can't be right or hysterectomies etc wouldn't count and neither would anything that relates only to men's reproductive bits

Yes was starting to think that frontier! Would be fine if they were allowed to use common sense - I've hardly been off sick in the 10yrs I've worked for them (until this) Anyway back tomorrow and see what they say.