Law about working in heat when pregnant?

[Bluebellgal8]

Hi all!

I was just wondering if anyone knows if there is any info out there about working out in the heat when pregnant? I'm 12 weeks now and I work in Garden Maintenance so outside for 10 hours a day. Some gardens don't even have any shade or water taps and the only place to hide is in our boiling hot black work's van.

I've had 2 weeks sick leave off work due to exhaustion and bad sickness but am back at work on Monday as sickness is much better, but I'm just really worried if working out in this heat all day (where sometimes there's no shade) is bad for me and the baby? Because if so i'd probably tell work to jog on and find me office work instead.

TIA 😊

There aren't any laws about maximum heat at work however your employer does have an obligation under general health and safety laws regarding your well being at work.

OK thank you! 😊

Does your employer know you are pregnant? If they do then they will have to have a risk assessment in place for you including any changes you may need to support you during your pregnancy. Shorter hours, more access to shade and access to water, or a change to office-based work are all reasonable requests you could make of your employer.

How much is your sick pay? I’m not trying to be intrusive, just wondering if you’re on full pay or statutory sick pay, if ssp be careful of the maternity pay situation that it can have implications for.

there was a thread quite recently of an employee who was told she wasn’t eligible for maternity pay due to not earning enough at a particular point in her pregnancy.

They need to do a pregnancy risk assessment if they haven’t already. Working outdoors in hot weather isn’t necessarily harmful, but it’s a very individual thing. Ask your midwife about it if you’re worried, and if she advises against doing your current work while you’re pregnant, tell your employer.

I don't think there are any laws regarding heat. However you should have risk assessments, I have it every 2 weeks even though I don't really need it that much as I'm receptionist ant sit on my backside most of time. On each risk assessment there is opportunities to tell what you struggle with and they can adjust your work accordingly including changing shifts length and pattern. I understand how it is performed though depend on company good will I guess. Unfortunately taking sick leave in this country is not good option as pay is joke.

@BranchGold oh really?? I've gotten statutory sick pay for these 2 weeks. Do you know how/why it affects the mat pay? Thanks 😊

Statutory sick pay is not taken into consideration when they calculate maternity pay, they just move your test period further down. Maybe that person was not employed long enough and was on sick pay for prolonged period of time so it affected her test period.

If you are on ssp during the qualifying period then it reduces your income for calculation purposes and in that lady's case she was on ssp for the whole qualifying period hence no entitlement- she hadn't earned the minimum requirement.

@FictionalCharacter thank you 😊 I've messaged my midwife to ask for some advice. She didn't have a clue what to advise me during my first apt because she'd never met a woman who works in the same job as me (I'm the only woman at the company I work at). But I'm hoping she can at least advise on the implications of working out in the heat all day 🤞

@Moni81 hi there! What is the test period please? Thanks 😊

I think it’s weeks 17-25 that are relevant for calculating your average earnings (which then affects your maternity pay).

Useful resources - ACAS and Pregnant Then Screwed

There are no laws, but your employer does have to complete a risk assessment for you- this can and should include general working conditions such as this. I'm not sure what sorr of reasonable adjustments would be realistic where you work, but do make sure they know you are pregnant. Any sick leave related to pregnancy is also protected by law in that it can't count towards any disciplinary sickness level thresholds etc. Qualifying week is a certain period (can't remember exactly when but it should say online) in which average earnings are calculated; really you want to ensure you're in work for those!

No, by the law SSP can not be taken into consideration when calculating maternity pay, woman can't choose when something happens during maternity. They simply pick 3 months further down the line if SSP occured. I think that person must have been on long term sickness and went off sick early into pregnancy after getting new job....then it could explain not earning enough. In certain European countries there is 'culture' of going off sick for pretty much whole pregnancy period as it's paid in full regardless of employer, law is different and doctors routinely give long sick notes for example in Poland.

https://www.citizensadvice.org.uk/work/sick-leave-and-sick-pay/getting-sick-pay-when-youre-pregnant/#:~:text=Getting%20sick%20pay%20can%20affect,8%20week%20'qualifying%20period'.

Unfortunately citizens advice disagree with you.

See if your doctor will write out a fit note. As well as box to tick to say you’re unfit for work, there’s another option which says you’re fit for work with adjustments - then the doctor could put that the adjustment is indoor work?

Thanks for the input everyone 😊 learning about stat sick pay and the qualifying period was very useful actually. Tis a shame there aren't any laws about maximum heat conditions but I'll have to listen to my body and see how it goes from there!

The good news is your baby is perfectly safe, your body is protecting them well and your core temperature would have to raise considerably to be a danger, in which case you would also be in trouble. The issue is you being put in this heat, sunstroke, heatstroke, and dehydration can all be a danger for you. Plus your skin can become more sensitive while pregnant so more risk of sunburn. Make sure you are drinking plenty, use sun protection and keep skin covered with loose, light clothing, use a decent sun hat and try to keep out of the midday sun if possible, make sure you take regular breaks. Also make sure your employer fills out a risk assessment. Your baby will be fine but look after yourself.

I hate the heat, haven’t been pregnant in 26 years, and am fully supportive that it must be really horrible working in heat

but

i think this heat issue is nothing to do with pregnancy if you’re otherwise fit and healthy. Going down pregnancy special adaptation route for heat is possibly not going to fly. Foetus is well protected from heat unless temps sore into high 30s and you’re very heavily pregnant. Think about women living in very hot countries and doing physical work- it’s not inherently a risk to a healthy pregnancy and there’s no real evidence that heat at high 20/ mid 30 increases risks of complications

but, you’ve absolutely aright to ensure you’re protected against heat stroke and dehydration. Anyone is. Heat stroke is incredibly dangerous. I’d be talking about ensure a sunshade is provided which you can go under to cool, access to water to drink and cool down in, and possibly extended lunch / longer day to avoid the hottest period. They have a duty of care. If you cannot cope in the heat doing hard labour then you need to raise it under your health and safety. Particularly if temperatures are above 30 in areas you’re in. At the same time you are also responsible for ensuring you look after your own health. Hat, sunscreen, loose lightweight long sleeve clothing , water and a cloth to soak to cool your neck, skin from time to time, water to drink

personally as you get bigger you’d need to be looking at role anyway- god knows how you’ll be able to do the bending down when you’ve a big bump 🫣. Also the weight of lifting, digging etc. talk to them now for a full risk assessment now, but also frequently throughout as your body changes. Women’s ligaments loosen during pregnancy and adaptations are probably needed. But that’s about the physicality and ergonomics not heat.