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Pregnancy

Talk about every stage of pregnancy, from early symptoms to preparing for birth.

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Original poster

Employer has requested to see my maternity notes

101 replies

Gilli1234 · 19/12/2018 06:03

Can anyone advise please? I’m only 10 weeks but have had numerous appointments so far under the recurrent miscarriage clinic for scans and checks to see how this pregnancy is progressing. I have now been told that due to previous cervix surgery I am to be seen frequently by the pre term labour clinic.
I have emailed my employer to let them know I will not be in work (I am a field based rep so many of my customers are 100 miles away) for said appointments. Every time I have offered to show them hospital letters with my appointments on, which have all been ignored up until now.
Last night I received an email stating that they wish to access my medical record via an HR medical officer to ascertain
‘The current state of your health and how this has affected your ability to carry out your role with the Company.

I would also like to ask your permission to contact your GP to obtain a medical opinion on your condition’

I’m horrified! Is this even legal?!
What are your thoughts?
I get the impression this is a thinly veiled attempt to come across as concerned how we I’m reading it as if they are fed up with me taking time off and want to know why.
Any advice, similar situations?
Thank you

OP posts:

annlee3817 · 19/12/2018 06:09

When I had issues with a weak cervix in pregnancy I had a lot of time off, in the end work got AXA involved who are our private health and they contacted me to carry out assessments on my suitability to be at work, they didn't ask to see my notes, but by answering their questions I had pretty much read them out word for word. The upshot of it was that I did half days for a while (still paid for full days) and then gradually increased back to full days. So your work may be requesting this to cover their arses and make sure they're doing what they should be as an employer.

guineapig1 · 19/12/2018 06:09

Your employer is doing the right thing. Your job involves a fair bit of travel and your pregnancy has complications. Your emoloyer is duty bound to carry out a risk assessment to ensure you are safe and it is perfectly normal to ask for access to medical records and refer to occ. health for advice and any adjustments to your role that may be needed due to your pregnancy.

Soontobe60 · 19/12/2018 06:11

Maybe they want to know if you're able to continue doing the same job during your pregnancy, or need to be given different duties for the duration? I would be looking at making my appointments at a time when it doesn't affect my job too much. Early morning appointments so can then go to work slightly later etc.

TheWanderlust · 19/12/2018 06:18

This is basically an Occupational Health referral. They need as much accurate information as possible to ensure they have the appropriate adjustments in place and are properly supporting you throughout the pregnancy. They will need to complete a risk assessment to a certain what adjustments may be required and when.

It is standard practice for all pregnant women where I work.

Chinnychinnychinnychib · 19/12/2018 06:24

Totally legal, and appropriate, have requested the same several times in my work role. I sympathise as I’m sure it feels intrusive but its actually beneficial to you as they can make reasonable adjustments as required during your pregnancy which will reduce your stress levels too. Congratulations and hope all goes well.

Original poster

Gilli1234 · 19/12/2018 06:25

It’s not possible to request the time you attend a clinic that runs once a week on a weekday afternoon...!
I understand that it is a form of risk assessment but this feels incredibly invasive. Surely my appointment letters are adequate?
Can they force me to go off sick? I feel perfectly fine and haven’t taken any sick days apart from 3 for a previous miscarriage.

OP posts:

user1493413286 · 19/12/2018 06:27

I think what they’re doing is probably fairly standard; I had an occupational health assessment when I was off a lot during my pregnancy and it was quite helpful for me as it backed up what I was saying to my work about what I could and couldn’t do.
As long as it’s only the medical officer acessing your info and not all of HR I think it’s a fair request

user1493413286 · 19/12/2018 06:30

They can’t force you on sick leave for medical appointments. When you’re pregnant they have to be extra careful not to be seen as discriminating

Original poster

Gilli1234 · 19/12/2018 06:30

Also I’m not sure what alternative role I could be given as I’m in medical sales, so if I can’t get out to the hospitals and see Drs what can I do? I’m really concerned they will force me into taking sick leave which will affect my already pitiful statutory mat leave pay!

OP posts:

jyggu · 19/12/2018 06:39

How long have you worked there for?

confusedandemployed · 19/12/2018 06:43

If they can't provide you with other work to do they have to put you on medical suspension on full pay. I'm willing to believe they will find you something.

Jessbow · 19/12/2018 06:44

To cover themselves, they may well alter your hours/put you on sick leave. If it alters things so be it. They are putting your welfare first.

If you have had numerous appointments already and are only 10 weeks, maybe it what you need to do anyway

Cardilover · 19/12/2018 06:45

OP, there’s an organisation called Maternity Action that run an advice line - give them a call. Your employer needs to have some information to ensure your wellbeing at work, yes. That doesn’t mean they can have access to your full medical records. Any information thats not relevant or that you do not wish to be shared should be withheld. But get proper advice so you understand your rights, and the consequences of giving permission or not.

SoaringSwallow · 19/12/2018 06:48

Wouldn't this information go to one person who is bound by confidentiality and then outlines they types of things you can/can't do? I'm imagining it's not something that a whole team will know and your boss certainly wouldn't know the details of your health. I think anyway...

Original poster

Gilli1234 · 19/12/2018 06:55

I’ve worked there for 1 year on 2nd jan.
I’m the letter as I understand it, the external HR contact (the company is so small we don’t even have our own HR let alone maternity policy, I had to hassle them twice for one) is a medical HR person employed by a law firm (I googled the email address) so unless he is a doctor I’m not happy about him knowing the ins and outs of my cervix as it were! My boss will likely want to see the report and make a decision about my work, which I’m not happy about.
If I had MS or cancer I’d feel similarly I think, I was always taught that medical notes are private and the clinical teams I work with have certainly given me that impression when it comes to following up the way one of our products performs for example. I just feel my employer is being intrusive for want of a better word.

OP posts:

MynameisJune · 19/12/2018 07:02

Unfortunately if you’ve had multiple appointments by 10 weeks then it was always going to be an issue for your employer. Yes you’re pregnant but they still require you to perform your role and if you’re not there then they need to make adjustments for you and them. They need to ensure you’re safe to carry on doing your role by law and with all your apparent issues this must be even more imperative.

I don’t think the request they’ve made is illegal, you can ask under GDPR who will have access to this information, how it will be stored etc if that helps. Nobody who doesn’t need to know will be allowed to know due to the new rules.

Getfitmumma · 19/12/2018 07:10

It sounds like occupational health. It's pretty standard in my field to refer staff with long term or medical complications and it is a form of arse covering.

Original poster

Gilli1234 · 19/12/2018 07:13

@mynameisJune Wow, I’m really surprised, why wouldn’t my appointment letters be adequate enough? I have not indicated I need any time off other than to attend the appointments. If you were in this position I highly doubt you’d feel comfortable with this but thanks for your input.

OP posts:

anniehm · 19/12/2018 07:22

They are duty bound to do an assessment by occupational health to ensure your job is endangering your health or that of your child - it will have been triggered by the fact you are considered high risk for pregnancy and they cannot risk you suing them if something happened that could be construed to be their fault as they knowingly kept you in a certain role. I suspect it's mostly a form ticking exercise but if you for instance have to go to the hospital every week it may be reasonable to reduce your hours so you don't have to keep having time off for instance

Original poster

Gilli1234 · 19/12/2018 07:24

Does anyone know the implications if I choose to withhold my medical information? (Which I will do)

OP posts:

Original poster

Gilli1234 · 19/12/2018 07:26

I might add that the company I work for treat their employees poorly, I’ve been there 12 months and spoken to my boss 3 times, no exaggeration. I feel as though I’m about to get managed out!

OP posts:

Firstaidnovice · 19/12/2018 07:40

I would strongly recommend that you speak to Maternity Action, as a pp suggested, if you feel it's going to become a potential maternity discrimination issue.
I would also suggest that you keep notes from any meetings or discussions that you have, and either email them to the person you have been talking to, or just to yourself. Having contemporaneous notes is very useful if you want to raise a grievance at any point.
I'm afraid I have no advice on the actual legality of your situation, but if you're dealing with an external HR department, I would just ask some direct questions "why do you need my notes, what will happen if X,y, and what are the implications of me not doing so?"
Good luck, both with the pregnancy and the work situation!

Firstaidnovice · 19/12/2018 07:43

Ps, I am not an expert on the law in this area, but I am pretty certain they cannot reduce your hours if you need to attend multiple appointments! That's one of the key principles of maternity employment legislation. The maternity action website should link to lots of useful resources around this

DropZoneOne · 19/12/2018 07:44

Is occupational health written into your contract? If it is, and you refuse to cooperate, then they could suspend you.

This is a health and safety issue for the company. It's not about time off for appointments. You've indicated your pregnancy is high risk, and they want to understand whether they need to make adjustments to your work to reduce that risk.

I don't believe the notes go to your employer, it's usually just to the OH and that company advises your employer on recommended action eg reduced travelling, shorter hours or nothing now but review in 3 months. That's certainly what happened when i referred a staff member following an operation - i just needed to know what she shouldn't be doing in case it hindered recovery. If that's your worry, then it's fair to ask the company how your notes will be used, who will hold the data, how long for (I'd expect it to be destroyed once baby is born as no longer relevant) etc.

Chinnychinnychinnychib · 19/12/2018 07:47

OP, I say this with kindness but you are over reacting here. You have more employment rights when pregnant than you ever do in your working life so please try not to worry. They are doing right by you but they are bound by the law to ask to look at your records. Declining is shooting yourself in the foot tbh - especially if you find yourself in bed rest with cervical problems later on which would be the worst case scenario that I sincerely hope doesn’t happen.

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