Bad appraisal due to sickness during pregnancy

[jumpyjan]

I work a part time week of 3 days a week and have had about 12 days off during my pregnancy - either with morning sickness, back problems or bugs that I keep picking up due to low immunity. Before my pregnancy I only had 2 days sick in 8 months.

I had my appraisal this week and the comments came as a complete surprise - saying I am not where I should be due to 'disruptions' and all the sick leave I have taken and because I work a part time week these absences mean I have not developed as I should have done.

Apart from anything else this is not true. The org rules on this sort of thing make me think I am fine and my manager does not have a case but am really upset about it.

The rest of the appraisal was also very unfair and unbalanced and generally negative and I don't understand why my manager has made these comments.

I have made a complaint but just feel like an idiot today as I can't discuss any of it without crying (am 34 weeks preg!). My colleagues have been really supportive but I was a mess in the office yesterday and spent most of the day in tears and now feel embarrased.

I just don't understand why my manager has done this especially when I have only got 2 weeks until maternity leave which will now be dominated by this situation.

The atmosphere in the office is awful and making me stressed - manager blanked me for the day yesterday when she learnt I had complained.

Just feeling down and stressed and not sure how to play it.

Sorry for long post!

Forgot to say manager has also asked me to make antenatal appointments during my own time and not work time (I have very few appointments during work time anyway but this occassion was a scan where I was allocated a time at the hospital which I could not really change).

The 'rules' say I can take these appointments during working hours (along with a whole range of other antenatal activites which I have not taken up).

you are legally entitiled to have reasonable time off for all ante natal appts

work are entitiled to see proof of these after the first one

your manager sounds deeply unprofessioanl to penalise you like this and it is possibly discriminatory

I do feel like its discrimination because I am pregnant and also because I am part time. I cant help being ill on the days I work anymore than a full time employee.

can you call ACAS or Equal Opps?

hopefully Flowery or Ribena will be along soon to help you out

You have special protection if you are sick during pregnancy and it is pregnancy-related, which means caused or exacerbated by your pregnancy.

Unlike 'normal' sickness absence, you can't suffer a 'detriment', or be penalised in any way, for pregnancy-related sickness.

4 weeks off is a lot in normal circumstances, but for pregnancy-related sickness, it doesn't matter. If you are penalised for pregnancy-related sickness it is discrimination.

Similarly you are perfectly entitled to reasonable paid time off for antenatal appointments. I think if you are part time it's perfectly reasonable of your employer to ask you to arrange appointments during your time off if possible, but obviously it often isn't possible and you shouldn't be penalised for appointments taken during working hours.

You mention you have complained, have you put in a grievance about all this or are you appealing your appraisal with your manager's manager, or similar? What do you want to do?

When we take time off we have to fill a form out to say what our illness was. I have tried to be as honest as possible and for morning sickness and back problems I ticked the pregnancy related box but for the bugs (flu/norovirus) I have picked up I ticked the other relevant boxes - although I suffered with these bugs because I was pregant as my immunity has just been terrible during my pregnancy - I discussed this with line manager on my return to the office.

The thing with the antenatal appointments was just that I felt it was uncalled for as I have had a total of 3 appointments during my pregnancy - 2 of which were scans (i.e. not much control over booking) which in any case were first thing and only caused me to be about 1/2 hour late for work. Antenatal appointments were all outside of work time bar 1 (which again was first thing and made me about 1 hour late for work).

I complained to my managers manager who pretty much sided with her although did say he could understand where I was coming from.

As things stand at the moment I am supposed to have a meeting with both of them together on Monday which I am dreading as feel it will be them against me.

I dont know what I want to do other than go off sick (which I know is a cop out but still) its making me so tearful and stressed. I can't sign the appraisal as it stands so guess I have to fight it.

your antenatal appointments sound perfectly reasonable and you should not be penalised for them at all.

You need to go to your meeting prepared. You might find it useful to email your manager and manager's manager the following links before the meeting.

This is from Businesslink, aimed at employers, all about ante-natal appointments and your right not to be penalised for taking time off for them.

This is from the same site about your right not to be treated unfairly for a reason related to your pregnancy.

This is a bit more complicated but has lots of detail about pregnancy-related sickness and the laws involved if you suffer a detriment because of it.

jumpyjan, are you in a union? I had a disciplinary hearing recently and took my Prospect rep in with me. I was pretty sure I wouldn't get the sack, but really didn't want to go in alone! He didn't have to say a word in the end, as it was just a written warning and 'fair cop gov' but I'm so glad I took him. Not least because it gave them the message that I wasn't going to lie down and accept anything they threw at me. The rep was excited as we're a small and happy firm and he's never had to do anything except go for the odd meeting!

Thanks for the web links flowery - the last one is really useful and has put into words what I have been trying too. That although the bugs I have picked up are not pregnancy related like morning sickness is they are made worse by pregnancy as you can't take medication so they drag on for days or I came down with them because I was pregnant/rundown etc.

Thanks Ruby - just had a good chat with ACAS and feel more confident about saying that it is discrimination now.

Songbird - I am not in the union but my colleagues are advising me to take someone in with me along the lines of the welfare officer or the occupatinal health person - which I am considering.

Thanks all for taking the time to reply - I really needed the advice today.

Definatly take someone in with you so at the very least you have a witness to what is said. At the moment it is them against you, so having someone with you will tell them you know what is oin on and won't take this bullying lieing down. Also if you can print out those links from Flowery and highlight all the relevant points so you can quote them properly.

All the best with it all and I hope your pregnancy goes more smoothly to the end.

best of luck with it all

Did you know - you can attach any kind of comment of your own to an appraisal. Just on a piece of A4 paper you should be allowed to attach something which explains how you feel about the whole situation and it MUST be kept on file. You could also attach any legal information or paperwork RE the appointments and the time you are entitled to take.

Thanks Beanie B - there is a section on the appraisal for my comments so I will certainly have my say on there. But my hope is that once I point out the discrimination etc they will remove the bit about my sick leave - however, apparently my manager has a history of putting things on peoples appraisals that they have complained about and she has been stubborn and refused to remove it. I am basically dealing with a difficult character who has a habit of forming bad working relationships - great!

Jumpyjan

I am having very similar issues with my boss and appraisal.

I had hyperemesis last summer and had a few weeks off then went back on reduced hours, and even when back full time, I was still having sickness.

I had a crap sales year (in sales) and didnt hit my targets and when I had my appraisal in Jan (2 weeks before going on mat leave ) I got slated, abd basiscally had a massive argument with manager about the fact that I was off sick, and had reduced hours, and that it should have been taken into consideration etc etc....anyway He was horrible to me and did not give me a rating....

A few weeks later, he sent me a copy of the appraisal with a very low rating, which I wholeheartedly disagreed with....I decided to let it go, because I was having a year off work and he had been shifted and was no longer going to be my boss.

I have just been informed by a letter from him, which arrived on my babys due date that because I got such a low mark I was not entitled to a pay rise

I am now livid, and I am about to launch a complaint/grevience about him.

I think he has disctriminated against me, prob cos I was pregnant and off sick, and I plan to fight him all the bloody way.

But its not easy when you are 9 months pregnant

Lillymolly - that is terrible. I am astounded at how these people treat pregnant women. I am not suggesting that because you are pregnant you are immune from any negative comments about your performance but they should be balanced with what you are going through. It is not an easy time especially for you and what you have been through with illness.

But basically it does come down to whether you want to follow a grievance which can equal more stress and cause you to have to think about the whole negative situation when you should be enjoying mat leave. Which feels unfair really.

I just think that your performance before your pregnancy should be looked at so if there are any patterns that happen to just coincide with you being pregant i.e. lots of sick leave then management should have the common sense to see that is not the norm and is a temporary issue.

Good luck with it all.

Hi, I know this is an old thread but something similar happened to me. My boss had a real go at me for being late to work (which was due to morning sickness), taking time off for appointments etc. I was so upset. I wish I had taken someone in to the meeting with me.

Needless to say it turned out that he was jealous as he and his wife have been trying for ages for a baby and he took it out on me.

Thankfully I no longer work for him. When I wanted to come back at 3 days a week he said it was impossible. Instead I now work for a different department who were desperate to have me work for them. I have started working full time and bring loads of money in for my new boss.

Old boss looks ridiculous.