Pregnant, off sick, my rights??

[Londonaries]

I have been off sick for 8 months. I am pregnant (due March 2025) and still off work with ‘’pregnancy related anxiety’’. (Speech notes to distinguish the official reason for readers).

My employer (they know my pregnancy status) has asked me to see their GP for an occupational health review due to the length and nature of my absence. I am currently staying with family which is helping my recovery 100 away from the city the office is based in.

They initially asked me to have an occupational health appointment at a place of my comfort and convenience but are now insisting I see a GP near the office (100 miles from where I am staying with my family) and they said they will not pay travel expenses (I am currently on zero sick pay).

If I do not attend they said they may start a disciplinary process based on not undertaking a reasonable request from employer or unable to work.

This seems a little pushy and I’m not sure on my rights. I am happy to go to their GP if that’s what they want, they are being very specific about seeing this GP I am currently not near, I feel they should cover my expenses.

Anybody have experience of this or know what rights I have?

Because their office is 100 miles away, the one you work at, where you usually live. They have been more than accommodating for you OP, this isn’t unreasonable of them at all and I’m honestly very surprised you think it is.

Because it is near your place of work and that is presumably who they wish to use.

They’re being very reasonable. How’s pregnancy anxiety different to regular anxiety? If anything, they’ve been way too hands off.

You haven't been off sick for 8 months with pregnancy related anxiety or illness, did the offer you a oh referral or ask for a sickness review before you became pregnant, I'm surprised if you didn't.

How much do you want to keep the job? If you want to come back to it, I would probably look at engaging as much as possible with their process and working with them, even if you do have to travel etc.
If you've been off with 8 months due to anxiety and you're due a baby, would you be planning on returning to the job before due date or what's the plan? It all sounds a bit unworkable anyway. Hope you manage to get it sorted!

OP, when you are absent from work as an employee, you have a responsbility to maintain regular contact with them. This obligation extends to seeing occupational health so that they can try to support you in getting back to work. If you have decided to travel 100 miles away that is all well and good, but if their occ health provision means an appointment at work/close to work then you will need to go home and attend this. It is really not unreasonable of them at all and I am astounded you have not seen them before now! Most employers I know would refer after 4 weeks absence for a MH condition so that appropriate support could be offered. As you have been off so long and your absence pre-dates your pregnancy I expect you will be dismissed as you are unable to provide regular and effective service.

But it’s not their concern that you are staying 100 miles away out of choice. You are still employed by them, they could ask you to come in for meetings with OH or see a nearby GP.

The fact that you’ve chosen to stay 100 miles away from where you work is completely irrelevant to them and not something they need to consider.

Is your sick leave paid as a matter of interest? It’s possible that if so, you’re going to be passed over to an insurance company who cover sick leave.In my view these tend to be more forthright.
They actually can’t pay your travel to your home office as it’s your habitual place of work and under HMRC it can’t be considered an expanse but a benefit.

She says she’s on zero sick pay. Which might mean she’s unlikely to get maternity pay if she’s not back before having the baby for the qualifying period.

OP, what are you living off?

You had anxiety so couldn't work. Now you want more time because you have a different anxiety.
What exactly do you provide your employer? I'm surprised they haven't got rid of you already.

It’s entirely reasonable for an employer to ask for an assessment near to them if you would reasonably be expected to return to your post

I’m also interested in what you want as an outcome. You’re not getting any pay from them and presuming you’re not well enough to return before you give birth there’s every chance you won’t be ready or return until 2026. A lot could change for you between then and now.

putting aside employment rights (which I’m not sure where you stand tbh) why do you want to stay on their payroll? If you can’t see yourself returning or being in the area to try a phased return then this is your opportunity to be released as medically unfit which I think would be better for you from a benefits PoV. Do you really think it’s reasonable for them to save a position for you indefinitely?

They may dismiss you on ill health, are you planning on ever returning. How long have you worked there. You should have had a sickness review meeting, oh and either a GP or in house doctor referral months ago, was this suggested or offered.

I suspect that this is an unofficial testing of the waters to get a definitive answer on her return.

she must be incredible at what she does because I can’t imagine any employer I’ve ever had holding on to a position for this long. From the other side it must be infuriating not having a needed role filled.

Three points I would think about in light of OP’s updates.

First, what maternity pay will you be eligible for given you are on zero pay - you should look at your HR policies closely and whether there are ways to get “pay” during the qualifying weeks such as using annual leave then. If not you should look at maternity allowance. Acas or pregnant then screwed helpline might have advice but you need your policies first.

Second when were you planning to go on May leave? It might be your interests (and potentially employer) to start asap so this isn’t hanging over you.

Third what can be done by the employer to help support you back to work prior to mat leave if anything. Frankly they might be slightly sceptical that regular anxiety has now become “pregnancy related anxiety” - I’m not saying it isn’t true but merely that it might seem convenient to them that you’re seeking pregnancy protection.

They are NBU. You move, you pay to get back and fulfil your obligations to your employer.

Also, the lower earning limits for SMP are £123 a week (or so!) and you need to be earning at least this from weeks 17-25 to qualifying. If your earnings are nil then you’ll get nothing whilst on maternity leave.

She probably wouldn't be entitled to maternity allowance. You need to earn £30 a week for 13 weeks in the last 26 weeks before the due date. And employed 26 weeks before the due date which she is.

Remember your maternity pay is an average of your previous I think six months pay, so you need to get back quickly if you are to receive anything at all. It might be better to get another job nearer where you are living and build up your entitlement their. As to your question, no they are not being unreasonable to request you see a doctor of their choosing. How are you attending your pregnancy appointments so far from home? Book it on a day you are already visiting for scans or GP appointments midwife etc.

Hey, I think this says more about you than me. It’s not relevant to the question but since you asked I plan to return to work pre baby.

As someone else said, they actually can't pay your travel expenses, HMRC won't allow them to pay for you to travel to your ordinary place of work from your home (or wherever else you are staying)
I suppose it could be argued that they should pay your travel from your usual place of work to the Doctor but I think that would be pretty unreasonable of you to expect.

Genuinely, if you’re due in March then your relevant pay period has either started or is due to start soon. If you’re getting nil pay then you need to take steps to get earning so you actually get SMP

Or she go back and work at least 13 weeks to get maternity allowance

Why aren’t you getting SSP?

Thank you all, this has been really helpful for me to feel more comfortable with their request. It is my choice to recover 100 miles away. I will travel to see the OH, I actually don’t want to be dismissed.

Some answers to questions that’s I come up:

Had SSP Jan-June.
I loved my job and I want to go back, but I still need time to recover.

SSP is a max of 28 weeks

If you want to go back then I think you definitely need to go to their GP and engage fully with their processes, they presumably have an OH contract with particular GPs and can't just send you to one of your choice, I hadn't thought about the tax implications of expenses but what others say makes sense. I hope it all works out for you.