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Pregnancy

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

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Original poster

Sick leave, can work fire me?

22 replies

RoriBori · 22/02/2022 15:16

Hi everyone, just want to know I’m not alone really.
I’m 10 weeks pregnant currently, I also have a 2 year old, but this pregnancy has kicked my ass, with headaches and sickness so bad I can’t do daily thing round the house, and I’ve take more time off work this month than I’ve been in
I spoke to my doctor about this and he thinks I’m so sick because of the headaches, which seem to be stress and anxiety related. So he’s put me off sick at work, as I’m already high risk and struggling as it is, and work is absolutely the sole reason for any stress and anxiety in my life.
This is so stupid but the first thing I’m thinking is can work fire me? I’ve been off sick a lot, and I’m worried that as the main cause is this awful headache, it won’t class as pregnancy sickness and they’ll get rid of me Don’t get me wrong, I’m really unhappy there but I’d rather that not be what happens.
Anyone else in the same position, fired/not fired? I really feel like they’ll do anything at this point to get rid of me as even when I’ve been at work I’ve spent most of my time in the bathroom

OP posts:

HermioneWeasley · 22/02/2022 15:18

You are protected from detriment, including dismissal, because of your pregnancy.

UserError012345 · 22/02/2022 15:19

You're practically untouchable.

Mommabear20 · 22/02/2022 15:21

No, if your sickness is pregnancy related, they can't fire you. I had sooooo much time off sick with both my pregnancies in the beginning and there's absolutely nothing they can do except moan 😂 I never had a sick note so was literally just calling every day and they couldn't do anything. I did have a very understanding manager tbf but they have to accept that it's just the way it is. Same as giving you paid time off for any pregnancy related medical appointments (doctor, midwife, scans etc)

Wtfdoipick · 22/02/2022 15:27

Since its not a pregnancy related illness you don't have the same protection however they would have to be bloody stupid to risk it

GrowBabyGrow · 22/02/2022 15:31

So sorry you are so unwell! Resting sounds like the best thing for you and baby. If your sick note says it is pregnancy related then the absence legally has to be recorded separately and cannot be used against you. So if it doesn't can you get your doctor to amend the note?

Also does your work know that you are pregnant? If you are dismissed (which hopefully you won't be!) you have to be able to prove that they knew you were pregnant to prove it is pregnancy discrimination. Maternity action are really helpful and have a good page on sickness in pregnancy.

SalsaLove · 22/02/2022 15:39

Are you U.K. based?

Original poster

RoriBori · 22/02/2022 15:51

@GrowBabyGrow Work have known since I was about 6 weeks as I was so ill I couldn’t hide it! I really just feel like they’re sick of me at this point

OP posts:

IntermittentParps · 22/02/2022 15:55

So if it doesn't can you get your doctor to amend the note?

You mean commit fraud?
I'd hope the doctor would refuse in the roundest terms.

GrowBabyGrow · 22/02/2022 15:58

@IntermittentParps - definitely not commit fraud, but if the headaches and sickness and stress are all pregnancy related illness (which they can be) then the dr should put that on the note to ensure OP can't be discriminated against for being signed off

YukoandHiro · 22/02/2022 15:59

As long as your sick note from the doctor mentions pregnancy there's absolutely nothing they can do except, much later, force you to start mat leave about 36 weeks

YukoandHiro · 22/02/2022 16:00

@IntermittentParps a) to protect a sick pregnant woman's job they'd almost certainly do it
B) headaches in the first trimester are really common - why is your doctor saying they aren't pregnancy related?

IntermittentParps · 22/02/2022 16:00

[quote GrowBabyGrow]@IntermittentParps - definitely not commit fraud, but if the headaches and sickness and stress are all pregnancy related illness (which they can be) then the dr should put that on the note to ensure OP can't be discriminated against for being signed off[/quote]
Yes, IF. I think that's what the OP isn't sure about.

IntermittentParps · 22/02/2022 16:03

[quote YukoandHiro]@IntermittentParps a) to protect a sick pregnant woman's job they'd almost certainly do it
B) headaches in the first trimester are really common - why is your doctor saying they aren't pregnancy related? [/quote]
Not sure if you're addressing your point B) to me, Yuko, but if so, I'm not the OP.
I'd be troubled if a GP was willing to falsify a sick note, TBH. But yes, the OP does need clarity on whether the headaches are pregnancy-related.

Change123today · 22/02/2022 16:06

I was off a lot with pregnancy sickness! No one mentioned it or had any contact from HR. Even when I changed companies my sickness record the pregnancy related sickness wasn’t included (I got on with my old boss very well and he phoned me to say that a reference had come in and they had asked for sickness so he was worried about my new role being impacted but HR didn’t include the pregnancy days)

TheSnowyOwl · 22/02/2022 16:06

If you are off sick because of pregnancy related reasons (and pregnancy gave me horrific headaches) and your note specifies that, then legally your employer can’t do anything. However, if your note doesn’t say that or your reason for being off isn’t pregnancy related, then you are subject to normal disciplinary procedures.

Change123today · 22/02/2022 16:08

The only thing was with my first pregnancy the sick note did trigger going on maternity leave earlier than I wanted - I can’t remember the dates but at a certain number of weeks they can start it as maternity.

TheSnowyOwl · 22/02/2022 16:12

@Change123today

It’s the start of the forth week before you are due.

Original poster

RoriBori · 22/02/2022 16:13

I think I need to clarify that my doctor has put me off because of these headaches. Whereas I think they’re pregnancy related, he’s put them as stress related. That’s why I’m concerned. I hope that clears it up a bit?

OP posts:

IntermittentParps · 22/02/2022 16:37

@RoriBori

Have you asked why he thinks they're stress related?

Original poster

RoriBori · 22/02/2022 16:44

@IntermittentParps He said it’s because of where the headache is (behind the eyes), and the frequency of it, I also have past history of stress issues and anxiety so I guess he’s just gone with that

OP posts:

IntermittentParps · 22/02/2022 16:47

[quote RoriBori]@IntermittentParps He said it’s because of where the headache is (behind the eyes), and the frequency of it, I also have past history of stress issues and anxiety so I guess he’s just gone with that[/quote]
Maybe you're stressed because you're worried about it not counting as pregnancy related, and therefore getting into 'trouble' with work.
Tricky. If that's what he thinks, he's not going to record anything different, I guess. But I totally get why you're worried. Can you talk to him again?

Heytheredemons · 22/02/2022 17:06

@HermioneWeasley

You are protected from detriment, including dismissal, because of your pregnancy.

No, you are not. A comonay can not discriminate and treat you differently/unfavourably due to pregnancy, and pregnancy related sickness should be excluded from any absence triggers etc, but you can still be fired based on multiple factors and made redundant if you are pregnant. They just have to follow due process and not use the pregnancy to make any unfavourable decisions.

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