Can a pregnant woman be excused from her usual duties because she is tired?

[GloriaInEleusis]

Don't want to give too many details here as prefer not to be identified in RL.

But, she is in the second trimester and is complaining that she can not take a one to two hour flight to go to the project site. This is a normal part of her job. She says she can't do it. Other people in the office are getting fed up with all of her special requests.

And if she can legally refuse to do her job, can her employer require a sick note from the GP? Can she be replaced (i.e. her project given to another employee while she does something else from her usual desk keeping in mind something else might not be as rewarding as the job she does now)? Is is important that person responsible for this project appear on site from time to time, and she has all but refused to go.

have you done a risk assessment for her since when she informed you of her pg? you (or your employer) are required by law to do one.

btw, she probably isn't entitled to "refuse normal duties" - provided they don't contravene the risk assessment - but if you insist, i'd imagine she'll go straight to her gp and get signed off. that's what i'd do.

I don't know the legality of it but it does seem a little bit unreasonable. I'm in my second trimester and work have requested that I fly for work when I'm 27 weeks and stay over night for four nights and the flight is five hours. As much as I'd rather not go, it's part of my job and there is no medical reason for not going.

I would imagine however that if she REALLY doesn't want to go she will get a doctors note to get her out of it. You are within your rights I believe to offer her an alternative that isn't her current role if her current role is not suitable from a H&S perspective.

What is the reason she is giving you for not going?

IIRC, if a pg woman refuses to do her job on medical grounds, the employer can insist she begin her maternity leave at the earliest possible date (29w?). But my info may be out of date.

Risk assesment done ages ago. New chair. New foot rest.

She is always pointing out the things she is legally entitled to. Things she doesn't really need she asks for just because she can. Like a new chair. There nothing wrong with the old one. But, she has a new one now. And all she talks about is how tired she is and blah blah blah...

So, if she is unable to do her job, can the company tell her to take sick leave? And do SSP rules apply? (no idea what is in her contract, she probably gets more than SSP)

nope you can't be compelled to start mat leave on grounds of illness until 4wks before the due date.

Her reason for not going is because she is tired.

And she can't take her laptop because it is too heavy. Personally, I think she should go buy herself a nice little wheelie suitcase and then it won't be too heavy.

I was the opposite when I was pregnant, always offereing to take on jobs in an effort to show I was dedicated to my work. Didn't want people thinking I wasn't coming back.

well aren't you the lucky one to have had an easy pg

I think 29 weeks is the earliest you can start your maternity leave if you want to start it then. And 36 weeks is the earliest the employer can force it on you if you become unable to do your job.

Oh, and what are the current rules on what you are entitled to upon return to work. It used to be that if you returned in 6 months you could have back the job you left. And if it was in 12 months they had to give you a comparable job. But, I think this might have changed in the last few years.

i'd hate to work where you work. it sounds shite.

I had shit pregnancies. Both times.

I was tired.

That's part of it.

But you know, that's part of it!

Still had a job to do.

If she's that tired she needs to go to her GP and be tested for anaemia and signed off.

Sorry, but it pisses me off when pregnant women take advantage because it makes employers less inclined to hire women of childbearing age, which in turn makes me angry because working wasn't a choice for me.

I had to do it or be homeless.

To be honest, I'd be really careful how I handled any employment issue with a pregnant woman and wouldn't give her any opportunity to take you to an IT.

If she doesn't want to to something then all she has to do is go to her GP and get signed off with 'stress' or any pregancy related problem whether real or not and then you'll be paying her and she won't be doing any work at all. You do need to do a pregnancy risk assessment which would give her the chance to tell you all the things she doesn't feel she can do. In response, you could take the opportunity to come across as a super-supportive boss and find her other work to do during her pregnancy. This would be to help her, of course, becasue you want to do anything you can to be supportive.

Lots of women feel tired and or unwell in pregnancy but carry on doing an excellent job and are willing to do as much as they can providing it doesn't compromise the wellbeing of themselves or their baby. IMHO it doesn't sound like she's terribly committed to her job.

They've done a risk assessment, bossy. They've tried to be accommodating.

But at hte end of the day she either does the job or is deemed too ill to do it.

Agree with expat.

I agree BossyKate, just because one person had an easy pregnancy doesn't mean everyone will. I got very tired during pregnancy and also had really bad ones, my last pregnancy my waters went at 21/22 weeks and I was on bed rest for the duration. Sounds like the woman needs support not people moaning about her, it's hard enough carrying a baby without feeling bullied or picked on.

Oh, I was bloody tired. But, I have a different work ethic than this girl. I do appreciate that I was moslty complication free in my pregnancies and completely understand if some people aren't. But, this girl is not suffering any unusual complication.

If she was aksing for something because she was suffering then okay. But, we are talking about tiredness. Not SPD. Not high blood pressure. Not Gestational Diabetes.

I understand that someone who is on her feet all day might have a tough time in pregnancy. But this woman sits at a desk and can't be arsed to get on aplane -- a job that can't be done if she doesn't get on the plane.

When you say that the alternative role might be less rewarding, do you mean in monetary terms? If so, you need to be aware of the potential consequences, as outlined in the following information from the CIPD website:

"Generally speaking, less-favourable treatment of a woman who is pregnant, for example by changing her terms of employment or dismissing her, is a form of sex discrimination and may make an employer liable for an unlimited claim for damages."

I was advised by my midwife not to undertake long trips as my blood pressure was raised from about 20 weeks, which my employer accomodated via the use of regular conference calls. Is this an alternative that you could consider? Also, have you discussed with her what her actual concerns are? Is she worried about going into early labour on a flight?

jodie - how is it bullying or picking on her to expect her to do the job she is employed to do, and which needs to be done? Yes, pregnancy is hard, and harder when you're working but that was her choice. If she really can't carry out her duties she needs to be on sick leave or doing a different job.

I had dire anaemia.

And then the drugs they gave me for it gave me horrid diarrhea.

I had terrible oedema and blood pressure problems.

If your pregnancy makes you that ill, then you go to the GP and get signed off so your employer can then get the permission from Finance to hire a temp to help out.

K, what I fail to understand is how she expects to be continually accommodated without seeing the midwife of GP for a line or a note saying she's unable to do this part of her work.

What is SUCH a big deal about that?

I mean, when you're not pregnant, and you go off ill, after a certain number of days you need a doctor's note.

That's just fair business.

I am in 3rd trimeseter and dp's work initially wanted him to fly out for 6 week long trip to Japan. He has the backing of his personal manager and has said only 2 weeks on a flexible ticket. He will go at weekend and be back 36 weeks but he has a flexible ticket. I think he work are actually being really reasonable.

I dont see an hour long flight in 2nd trimester as a huge issue tbh. From what you have said it doesnt sound like she is really wanting to be at work but she might have a lot going on at home.

No no. I don't mean financially less rewarding. The company in question is a small one and there isn't a lot of other work. So she might have to do something that is a bit less rewarding in terms of a career move. I just don't know what else there is to give her.

agree expat. This woman sounds like she's taking the piss. If you're ill for any reason and unable to do your job then there are procedures to follow. Sounds like this woman isn't interested in doing that, she just wants to make life difficult for her employer.

I have shit pregnancies and physically can not cope with work during the first trimester both times I have been signed off and both times I feel I have been judged negatively by my colleagues.
To make things worse the world and his wife seems to have also been pg at work and all have just breezed through making me look even worse.
I feel so bad when pg that I literally feel like I have the worst hangover ever without the headache and my energy levels are similar to those when you have flu.
My job is active - I'm a nurse and in my second trimester when I am back at work I would love to be offered a sit down office job even though normally this would be my biggest nightmare.
If this lady can't do her job it is only fair to offer her an alternative - if she really does feel that bad (like I do) she will be grateful of it.

Just accept it, she isn't committed to her job. Give her an easy job where it won't cause much disruption if she either declines to do aspects of it or goes off sick. You can't assess whether she's ill or not, her GP will make that decision and, quite frankly, a vast majority of GPs will just take the line of least resistance and give her a sick note and there will be nothing you can do about it. What about a small project with the same status as her usual work?

You've already said that she's very aware of her legal entitlements. You won't want to find yourself being questioned at an IT and nor do you want to end up paying her masses of compensation that she might like.