Steer issue 25 Aug/Sept 2019 - Page 10



EMPLOYMENT LAW
Facts
about managing a staff
member who is
increasing their family
There are lots of myths and fables about what you can
and cannot do with a member of staff who is expecting
a baby or adopting a child. Here are 7 Employment Law
facts about managing staff who are increasing their family.
1. As an employer your duty towards an expectant
mother starts as soon as your staff member tells you
that they are pregnant. The pregnant lady does not
have to let you know that she is expecting a baby the
pregnancy is beyond 15 weeks but it makes it easier for
you to fulfill your duty as an employer if you know
sooner rather than later.
2. Employees can take time off for antenatal
appointments, this can include things like yoga and
relaxation. This is regardless of whether they work full
time and part time and you must pay full pay for this
time off.
3. Time off sick whilst pregnant: Employers should keep a
separate record of sicknesses for staff who are away
from work due to a pregnancy related illness. The staff
member should not be penalised or treated unfairly for
sickness which is related to her pregnancy however,
there is no right to be paid for this time off beyond
statutory sick pay unless you have a contract or policy
which says otherwise. Do remember that a contract
can be created through conduct.
4. Family friendly rights and payments extend beyond a
pregnant mother: Employees who will become parents
through surrogacy and adoption are also entitled to
paid leave to care for their new child. This is subject
to the length of service that they have with the
employer amongst other things.
5. You can make a person redundant whilst they are
pregnant or on maternity leave. If you are not selecting
a person for redundancy because they are pregnant
or on maternity and if there is a genuine redundancy
10 STEER YOUR BUSINESS

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