My working rights in pregnancy

[lovelycharlotte86]

Having had a difficult year suffering a miscarriage earlier in the year, falling pregnant and suffering from severe morning sickness which needed more than 8 weeks sick leave, then suffering a bout of bronchitis and sinusitis I have had to take a fair amount of time off due to sickness all allocated by the doctors with sicknotes as required. I am now 28 weeks pregnant and have been told I have Pelvic Girdle pain and need to adjust my physical working duties. My work have informed me that they are unable to make any changes to the physicality of my job role and I will need to take this time off as sick leave.
They have also informed me I am close to triggering my sick pay cut off and will soon be reduced to 1/2 pay. They have spoken to me and made it clear that if I continue to be on sick leave past week 29 of my pregnancy they are able to enforce maternity leave.
I would like to know what my legal rights are in his situation, If my work are unable to change my work role to get me into work is it fair that I should be expected to take time off sick and risk reduced pay when I am well enough to do a less physical role within the school?

Have you spoke to HR or your TU rep? If they cannot adjust your role due to your pregnancy then they should suspend you on full pay (for medical reasons). I had a lady in this situation where she was doing a very physical role which we couldn't make the required adjustments to. I told the manager he could either find her a job in the office (and she was happy to do this) on the same pay or we could send her home and pay her full pay! Funnily enough another role was found that she could do for the remainder of her pregnancy!

m.acas.org.uk/index.aspx?articleid=4250

I second (third? fourth?) what PP's have said. Time off sick while pregnant (if pregnancy related) doesn't count towards your sickness so they can't threaten to do that, especially as you have sick notes and clearly haven't been taking the piss. They also can't enforce mat leave until you are 36 weeks. My work tried to threaten me with enforced mat leave as I needed time off sick from 32 weeks for symptomatic anaemia...I showed them the policies and threatened HR and they soon backed off x

Time off for pregnancy related illness does NOT count towards sick leave.

I don't think this is entirely accurate. Pregnancy related sickness absence cannot be used as a reason for disciplinary action, dismissal or redundancy. But if a sickness policy says that X number of days is at full pay and then Y number of days at half pay (and presumably any further sickness at SSP), then the fact that the sickness is pregnancy related doesn't matter, the policy still applies.

Really interested to know if I have misunderstood this as I'm about to drop down to half pay due to time off for a pregnancy related operation.

In your situation OP, I think your employers are obliged to make reasonable adjustments or pay you to stay home - not using sick pay as pp have said.

blueroses my understanding is the same as yours - pregnancy-related sick leave is exactly the same as any other sick leave, except that it isn't counted towards the triggers that are used for investigation/disciplinary action.

OP, I think it's probably clear from the number of responses already, but just wanted to add that my understanding is that you can't be forced to start maternity leave until 36 weeks and if they don't have suitable work for you then they'll have to suspend you on full pay.

Thanks spam88. Sadly the reason I've used up most of my full pay sick leave allowance (on a 12 month rolling basis) is due to a stillbirth last summer, technically a very late miscarriage just before the 24w point that I would have become eligible for maternity leave.

I had a miscarriage around this time too blue roses (although not as late - so sorry for your loss) which I believe may be another reason why all my sickleave is nearly gone. This pregnancy has been so stressful as I fell 3 weeks after I miscarried unintentionally. Now all this stress too Ive had just about enough! I have insisted work take me back and change my duties as I refuse 1/2 pay sick leave and did not know legally they have to let me into work and change my duties if my pregnancy is causing me to need a change in task. 6 weeks till I'm taking maternity though so all will be fine!

I'm sorry for your loss too. I'm pleased that you're exercising your legal rights and not letting your employer take advantage. All the best for the test of the pregnancy xx