Pregnant at work | Can I take time off for antenatal care?
/What are my employment rights while pregnant at work?
In a recent blog, we discussed an employer’s legal obligation to undertake a fresh risk assessment when an employee is pregnant at work. In this blog, we will cover another key legal right which arises once you have informed your employer of your pregnancy: paid time off for antenatal care. Antenatal care is a key part of your pregnancy because it ensures that both you and the baby are healthy, as well as preparing you for birth and motherhood.
It is important to remember that you need tell your employer that you are pregnant at least 15 weeks before the week beginning when the baby is due or, if you are unable to do this (for example because you were unaware of the pregnancy), you should tell your employer as soon as possible. If not, the protections discussed below may not apply.
Can I take time off for antenatal care?
Antenatal care includes doctor, nurse and midwife appointments, as well as any classes recommended by them, such as relaxation or parenting classes. You can find out more about this on the NHS website.
You will be eligible to take paid time off work for antenatal care if you are an employee entitled to maternity leave. If you are an agency worker then you will be eligible for paid time off if you have worked for the same hirer for at least 12 weeks in a row. For both employees and agency workers you will be able to take this time off during normal working hours, and the company must pay your normal rate.
How much time off am I entitled to?
Once you have informed your employer you are pregnant, you are entitled to take reasonable paid time off for antenatal care. This includes the time it takes for you to travel to your appointments and any waiting time. You should check if your employer has a Maternity/Family Friendly Policy as this may be able to provide you with more information specific to your circumstances.
What about my partner?
Your partner may also be entitled to unpaid time off to attend antenatal care with you. They can attend up to 2 appointments, regardless of how long they have been working in their current job, unless they are an agency worker. If your partner is an agency worker, they will need to have worked for the same hirer at least 12 weeks in a row. The employer must allow them up to 6.5 hours per appointment and does not have to pay your partner for this time. However, they may elect to give your partner longer and/or pay them for the time off. Again, if you would like to know more, it is a good idea to check with the employer’s Maternity/Family Friendly Policy.
Do I need to ask for permission to attend antenatal care?
You do not need to ask for permission to attend your first antenatal appointment but you should give notice of this to your employer. They may ask for evidence such as an appointment card after you have attended. After this, you should ask your employer for permission to attend antenatal care and you may also have to provide evidence. Your employer can only refuse you permission to attend if it is considered reasonable to do so. This may be the case if you fail to provide evidence of the appointment. As your antenatal care will be recommended on medical advice it will not usually be reasonable to prevent you attending.
It is unlawful for employers to require you to take the time off outside of working hours or to work additional hours to make up the time. It is also unlawful to refuse to pay you or to discriminate against you for the time off taken.
Contact us for advice
If you have any questions about the topics raised in this blog, please don’t hesitate to get in touch.
Other useful resources
Citizens Advice Bureau: https://www.citizensadvice.org.uk/work/rights-at-work/parental-rights/rights-while-youre-pregnant-at-work/#:~:text=You%20have%20a%20right%20to%20paid%20time%20off%20for%20antenatal,your%20hirer%2C%20not%20your%20agency.
Working Families: https://workingfamilies.org.uk/articles/time-off-for-ante-natal-care-your-rights-as-an-employee-or-agency-worker/
Maternity Action: https://maternityaction.org.uk/advice/time-off-for-antenatal-care/#:~:text=The%20law%20says%20that%20employees,hours%20if%20this%20is%20unavoidable.
