Pregnant and struggling to work - can they take legal action?

[Adreena]

Hi all. I just wanted some advice if anyone can help please?

I'm 14 weeks pregnant and have had over a month off sick from work for prenatal depression and also I've had some other pregnancy health issues.

Anyway, I'm due to go back to work next week. I feel I'm only going to be able to cope with part time work but my boss is very likely to reject my request to reduce my hours even though I am happy to reduce my wage accordingly.

If we reach a stalemate where I cannot mentally handle full time work but they completely refuse to let me go part time what are my options? Get signed off sick? Can I be sacked for that? I only qualify for SSP so it would make thing difficult financially for me and DP. Surely it's best all round to have me in part time than not at all? How can I put this to them without it sounding like I'm threatening to go sick? (Which I don't really want to do!)

This is giving me so much worry. :(

Get a doctor's note specifically stating that you need your hours reducing, they can't argue with that, the likelyhood is they aren't going to sack a pregnant lady struggling with mental health issues. X

I assume you going part-time would mean your employer having to employ someone else on a part-time basis? If so, this could end up costing your employer more money than having one full time member of staff so it may not be better to have you there part time rather than not at all (sorry if that sounds harsh - I don't mean to add to your worries but just think you should consider your employer's potential reaction!). I know additional cost to an employer is one of the grounds for refusing flexible working so may be a ground to refuse your reduced hours in this instance.

I would recommend speaking to ACAS (08457 47 47 47) to find out exactly what your rights are and where you stand legally before doing anything else.

Good luck and I hope you're feeling better soon.

My doctor said they can't tell an employer what to do, only make recommendations for altered/recuced hours.

I have a doctors note recommending I have a few weeks of part time to see how I go. I haven't told my doctor I don't think I can cope with full time work. But I do have an appointment for next week to discuss it.

Thanks PandaWatch. Don't worry, I didn't take that as you being harsh. It is a likely reaction of my employer tbh. Thank you for that number I'll give them a call

It's really hard when you're expected to carry on completely as normal when you're pregnant, especially when you have the side effects you're suffering from.

I really hope you get something sorted and your employer is sympathetic x

Sorry to hear of your illnesses.

As far as I know they cannot take any action against pregnancy related illness. It should be exempt from any other sickness procedures. Do you have access to your staff handbook?

Re the volunteering to go part-time, it could effect your maternity pay, as enhanced pay is calculated (I think) on what your earn between certains weeks of pregnancy I believe.

I am not completely sure about what I have said -helpful!- but it would be worth asking ACAS on the phone.

Also if you post in Employment Issues/Matters then a kind HR expert MN might also be able to help you.

Try not to worry, find out where you stand first. I do think the law is on your side.

Good luck with the return.

Sorry just seen you are on SSP, so my comments about enhanced might not be relevant. Worth checking what working pt means though with Acas.

Adreena so sorry to hear about your depression. I also suffered badly with antenatal depression when I was having my son, and ended up being signed off work for most of my pregnancy.

Re Dr's note - they can give you a fit note, basically they say that you are fit for work subject to certain restrictions. If your work can't accommodate this then you are viewed to be unfit for work so you are still signed off.

Please note that if you are signed off during your SMP qualifying weeks you may not earn enough to get SMP and would need to claim maternity allowance instead which is the same amount but without the 6 weeks at 90% salary.

You can NOT be disciplined for pregnancy related sickness so please don't worry about that aspect of it.

On a more personal note, I found that giving birth was like a cloud lifted - my depression disappeared very quickly and never had problems with postnatal depression. Whatever your hormones are doing now, they can and will change for you at some point, stay strong :)

Thanks for the replies everyone. I've spoken to ACAS who were fairly helpful and I've got a number for Maternity Action too. Though I've missed their opening hours today.

It's so frustrating as my boss seems to have a real fear of employees getting pregnant (and has previously admitted they prefer to hire men than women for this very reason) and I probably haven't helped that with being off so much with my pregnancy. But I'm not doing it on purpose and would much rather be one of those super-women who manage to take it all in their stride and sail through pregnancy! I also could do with the full time wage again, I'm just trying to make the best of what I can do. Otherwise I'll end up pushing myself back full time before I'm ready and will have a complete meltdown. :(

Anyway, moan over. For now!

Thank you RockChick for letting me know your depression didn't continue after the birth! I needed to hear that :)

I am having simular issues. Just want 2 say I completely empathise with u! Having had mental health issues and now in a situation where about 2 b disaplined about pregnancy related absence, my employer knowing all this should really i feel b more sympathetic, it's hard working with mh issues and them causing futher stress only makes u fearfull of reterning 2 work. If u feel u can't cope tell ur gp don't retern untill u feel well enough u don't need the added stress of them being unsupportive as well! I sometime wonder what happened to compassion!!! Hope ur ok.x

I am so sorry some of you are suffering as a result of your unsympathetic employers. Pg women are protected by law and there are strict guidelines as to what employers can and cannot do. This leaflet from Maternity Action is very useful and it also gives good contacts.
www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/pregnancydiscrimination.pdf

If your employers continue to be unreasonable you can threaten action under the sexual discrimination act. Always keep a record of all your conversations and emails on the subject as proof. Please talk to your HR if you have one and/or join a union who will fight your corner and help you.

I'd like to echo that feeling of "it's like a cloud lifted once I gave birth". I dont think I had ante-natal depression, but I certainly had some very dark thoughts about myself and my baby. Very very quickly after giving birth (crash c section) I felt sooooooo much better in myself.