Your rights at work if you are ill during pregnancy
This article provides information on pregnancy-related sickness and protections at work for pregnant women. For more information on health and safety during COVID, see our FAQ page on rights relating to pregnancy and new parents and our page on health and safety rights for pregnant women.
Sick leave during pregnancy
If you are too ill to work you may need to take sick leave. You should follow your employer’s sick leave procedures. Most employers will allow you to have a few days off without a doctor’s note, but for longer periods of time they can ask for a doctor’s note. If your sickness is pregnancy related, you should ask your doctor or midwife to confirm this in your sick note as this will be important to ensure this time off is disregarded. See the section on this below.
Sick leave is unlike other forms of leave in that you can eventually be disciplined or dismissed for taking too much (except for illness related to pregnancy). If you have odd days of sickness here and there and your employer believes you are taking more time off than you need or that you are not genuinely ill, your employer may discipline or dismiss you under its performance management procedures – this could be for misconduct or capability.
If you have a long period of sickness or repeated periods of illness (except for illness related to pregnancy), even if your employer believes your illness to be genuine, your employer can say that you are no longer able to work and dismiss you on the grounds of capability. This may is true even if your illness was caused in the workplace, although in this situation you may have additional claims against your employer.
In determining how much sickness absence you have had, employers are not allowed to take into account:
- Pregnancy related illness during your pregnancy.
- Time off for ante-natal appointments for your pregnancy
- Maternity, Paternity, Adoption or Shared Parental leave
- Parental leave
- Time off for dependants
- Health and safety suspension
- Holiday or annual leave
If you have been on sick leave for a long time, sometimes an employer will ask you to submit to an occupational health assessment, or to give consent to a medical report being sought from your GP. Unless your contract says you must agree to this, you can say no, but your employer might draw their own conclusions if you say no. If you have a long term health condition, this may be a disability for the purposes of the Equality Act 2010 and you may benefit from additional protection.
Pregnancy-related sickness and sickness absence records
If you are ill during pregnancy, your employer’s normal sickness rules apply, with a few exceptions. If the illness is pregnancy-related it should be recorded as such and it should be ignored in respect of any employment decision or the assessment of any benefits at any stage of your employment.
Pregnancy-related sickness absence during pregnancy should not count towards your sickness record if your employer has a procedure that may lead to dismissal once an employee reaches a certain level of sickness absence.
For this reason it is a good idea for your doctor or midwife to state on your sick notes when an illness is pregnancy-related.
Sick leave for health and safety risks
You should not be asked to go on sick leave if the reason you cannot work is because it is not safe for you or your baby. This is true even if you have a pregnancy-related medical condition that makes it more difficult for you to do your job.
You are entitled to protection from your employer in this situation – you should not be penalised by being forced to take sick leave. The law says that if you cannot do your job because it involves a health and safety risk to you or your baby, your employer must either:
- Remove the risk – for example, avoiding heavy lifting if this is usually part of your job
- If the risk cannot be removed, offer you suitable alternative work on the same pay
If neither option is possible, your employer must suspend you on full pay for as long as the risk continues, which could be right up until the point you start your maternity leave.
If you receive less than full pay or are put on sick leave in this situation then you may have a claim for pregnancy discrimination. You may also be entitled to claim full pay from your employer by making a claim for ‘unlawful deduction of wages’ in an Employment Tribunal. If this happens to you, you should seek advice straight away. Also see our article on health and safety rights for pregnant women for more information.
Frequently asked questions
What pay can I get if I am off sick during pregnancy?
You should check your contract to see if you are entitled to any contractual sick pay. Most employees and agency workers are at the minimum entitled to Statutory Sick Pay, or Employment and Support Allowance.
You should not be treated less favourably than other employees because you are sick. For instance, you should be paid your employer’s normal sick pay. If your employer does not have sick pay or you have exhausted your entitlement, then your employer must pay you Statutory Sick Pay (SSP) if you meet the conditions of entitlement.
Will my maternity pay be affected if I am off sick and on SSP?
If you do not receive full pay from your employer when you are off sick or your earnings drop in weeks 18 to 26 of your pregnancy, your Statutory Maternity Pay (SMP) may be affected. Your SMP depends on what you actually receive during the calculation period. If you only receive Statutory Sick Pay during this period you will not qualify for SMP, as you need to earn the lower earnings limit to qualify. If you do not qualify for SMP, you may qualify for Maternity Allowance, but you may better off financially by using your annual leave during these weeks if your maternity pay is at risk. For more information, see our article on calculating maternity pay.
Can my employer start my maternity leave early if I am off sick?
Your employer can start your maternity leave automatically if you are off work for a pregnancy-related illness in the four weeks before the week your baby is due. It does not matter what you previously agreed with your employer. Your maternity leave and any maternity pay will start on the day after the first day of absence from work. However, your employer may choose to overlook the odd day of absence during this period if they wish.
This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.
| Organisation and link to website | Area of Advice | Telephone |
|---|---|---|
| Employment Rights | ||
| ACAS | Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes. | 0300 123 1100 |
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Pregnant Then Screwed | HR Advice Line – for questions on employment rights, flexible working, parental leave or workplace discrimination | 0300 222 5799 |
| Equality Advisory and Support Service (EASS) | The helpline advises and assists individuals on issues relating to equality and human rights, across England, Scotland and Wales. | 0808 800 0082 |
| Trade Union | If you are a union member, contact your union for support. If not, you may wish to join, but check whether support is available for existing issues. | |
| Health and Safety Executive (HSE) | Guidance on workplace health and safety rights and accepts reports of serious workplace health and safety concerns. | |
| Advicenow | Provides free legal information, guides, self-help tools and training to help people deal with legal issues and understand their rights. | |
| Protect | Provides advice and support to people raising concerns about whistleblowing | 020 3117 2520 |
| Zero Hours Justice | Offers information and support on the rights of workers on zero-hours and insecure contracts | 01904 900 151 |
| Legal Advice and Representation | ||
| Law Centres Network | Law Centres work within their communities to defend the legal rights of local people. You can use their website to find your local Law Centre. | |
| LawWorks | The LawWorks Clinics Network provides free initial advice to individuals on various areas of law including employment law, social welfare law, housing matters, consumer disputes, debt and welfare rights. | |
| Advocate | Advocate is a charity that finds free legal assistance from volunteer barristers | |
| South West London Law Centres | Provides free, independent legal advice to people who cannot afford a lawyer, including advice on employment, housing, debt, immigration issues. | 020 8767 2777 |
| Employment Tribunal Litigants in Person Support Scheme (ELIPS) | ELIPS provides pro bono assistance to unrepresented litigants. It currently covers London Central, Cardiff, Bristol, Midlands (West), Newcastle, Leeds and Manchester Employment Tribunals. | |
| Legal Aid Check your eligibility for Legal Aid online | Legal Aid funding is only available for employment cases involving discrimination. | |
| YESS Law | Employment law advice and support, including settlement agreements. Yess Law do not represent clients in Employment Tribunal Proceedings | 020 3701 7530 |
| The Free Representation Unit (FRU) | The Free Representation Unit (FRU) is a charity that provides legal advice, case preparation and advocacy in employment & social security tribunal cases if you have a hearing date at a tribunal in London and the South East and your case is referred by a referral agency | |
| Employment Tribunal Customer Contact Centre | Provides information about the Employment Tribunal process but does not offer legal advice. | 0300 123 1024 |
| Appoint a solicitor The Law Society provides information on finding a solicitor. | If you are able to afford to do this, you can instruct a solicitor who is an expert in maternity and family friendly rights. A good solicitor will give you honest advice about the strengths and weaknesses of your case, the likely costs and s/he should try to resolve your case as soon as possible and so keep the costs you have to pay to a minimum. | |
| Disability Law Service | Provide free legal advice on community care, employment, housing, discrimination, public law and welfare benefits to disabled people and their carers | 0207 791 9800 |
| Child Law Advice | Provided by Coram Children’s Legal Centre, advice for Litigants in person | |
| Rights of Women | Women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights | 020 7251 6577 |
| Benefits and Financial Support | ||
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Advice Local | Your local guide to help with employment and work issues, benefits, money, housing problems and more | |
| Age UK | Provide free, confidential advice, practical support, and companionship | 0800 678 1602 |
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Scope | Offers information, advice and support for disabled people and their families, including guidance on benefits, work and independent living. | 0808 800 3333 |
| NRPF Network | Provides guidance and resources on no recourse to public funds (NRPF) and support options for people affected by immigration-related benefit restrictions. | 0800 169 0283 |
| Maternity Allowance helpline (DWP) | Maternity Allowance is a government benefit for pregnant women or new mothers who do not qualify for Statutory Maternity Pay (SMP) from their employer. | |
| HMRC Statutory Payment Dispute Team | Resolves disputes about entitlement to statutory payments, including maternity, paternity, adoption, shared parental, parental bereavement and neonatal care pay. | |
| Pregnancy, Maternity and Baby Support | ||
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Tommy’s | Provide advice and support to parents-to-be, expectant parents, and families who have experienced baby loss | 0800 0147 800 |
| Bliss | Support and information for families of premature and sick babies, including emotional support, neonatal care guidance | |
| Twins Trust | Offers support, information and peer support for families with twins, triplets and multiple births | 0800 138 0509 |
| Sands | Sands works to support anyone affected by the death of a baby | 0808 164 3332 |
| Best Start in Life | Advice and support for your child’s development | |
| Mental Health and Wellbeing | ||
| Mind | Mind empower individuals experiencing mental health problems through advice and support | 0300 102 1234 |
| Maternal Mental Health Alliance | Charity and network of 160 organisations, dedicated to ensuring women and birthing people affected by perinatal mental health problems have access to high-quality, compassionate care | |
| Pandas | Pandas offer hope, empathy and support for every parent, carer or network affected by Perinatal Mental Illness | |
| Samaritans | Provide emotional support to anyone in distress, struggling to cope, or at risk of suicide | 116 123 |
| Domestic Abuse | ||
| Women’s Aid | Offers support, information and signposting for women and children experiencing domestic abuse | |
| Support for single parent families | ||
| Gingerbread | Offers advice and information support for single parents on work, benefits, finances and family issues. | |
| One Parent Families Scotland | Provides advice and support to single parents in Scotland including benefits, money and health and wellbeing. | 0808 801 0323 |
| Disability | ||
| Contact | For families with disabled children | 0808 808 3555 |
| Carer’s support | ||
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Childcare | ||
| Childcare Service Helpline | Contact HMRC if you need help applying for Tax-Free Childcare, applying for free childcare if you’re working or using your online childcare account. | 0300 123 4097 |
| Best Start | Provide information on all available childcare support | |
| Coram – Family Information Service | Provide a tool to search for contact details for your local Family Information Service who can provide advice and support on childcare in your area |
The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.
We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.