Pregnancy affects every person differently, and the range of health-related issues that can arise during those nine months is broader than many employers realise. Understanding the reasons for sick leave during pregnancy matters not just from a compassion standpoint, but also from a legal one. Pregnancy-related absence is treated differently in law from ordinary sickness absence and handling it incorrectly can expose a small business to a discrimination claim that carries no cap on compensation.
At GAP HR, we support small and owner-managed businesses through exactly these situations every day. We offer swift, practical advice that you can act on with peace of mind that your actions will be legally defensible.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
Why Is Pregnancy-Related Absence Different From Other Types Of Absence?
Any absence that is caused by pregnancy or a condition connected to pregnancy is protected under the Equality Act 2010. If you count pregnancy-related absence against an employee in any way, whether that means calling her into a disciplinary meeting for being absent, marking her down in a redundancy selection process, or recording the absences in a way that could later be used against her, your actions may be classed as discrimination.
This means your usual absence management triggers, however well-designed, should generally not be applied to pregnancy-related sick leave. We can help you put a clear absence management policy in place that distinguishes between the two categories and ensures your managers know how to handle each one.
What Are Some Common Reasons For Pregnancy-Related Sick Leave?
Nausea and vomiting are among the most frequently cited reasons for early pregnancy absence. While often referred to as morning sickness, symptoms can occur at any point during the day and, in some cases, continue well beyond the first trimester. For employees in customer-facing or physically demanding roles, even moderate symptoms can make attendance at work genuinely difficult.
Fatigue is another significant factor, particularly in the first and third trimesters. The physical demands of pregnancy, combined with disrupted sleep, can leave an employee unable to function safely in their role, particularly where the job involves operating machinery, driving, or sustained concentration.
Pelvic girdle pain and symphysis pubis dysfunction affect a substantial number of pregnant women and can cause significant difficulty with walking, standing, climbing stairs, and sitting for extended periods.
Hypertension and pre-eclampsia are more serious conditions that may require hospital monitoring, bed rest, or early maternity leave. Gestational diabetes can similarly affect energy levels and require medical appointments that fall within working hours. Back pain, swollen joints, breathlessness, and urinary tract infections are all conditions that can arise or worsen during pregnancy and legitimately prevent attendance at work.
Mental health should not be overlooked. Anxiety, low mood, and perinatal depression affect a meaningful proportion of pregnant women and are just as valid a reason for absence as a physical complaint. Dismissing or minimising mental health-related absence during pregnancy carries the same legal risk as dismissing a physical symptom.
We can help you ensure that your managers approach pregnancy-related absence conversations in a way that is supportive, legally sound, and properly documented.
What Are You Required To Do As An Employer?
When a pregnant employee is absent for a pregnancy-related reason, you should keep a separate record of that absence and exclude it from any general absence management process. You should also carry out, or update, a pregnancy risk assessment, which should be reviewed as the pregnancy progresses and the employee’s circumstances change.
If the absence is connected to a condition that amounts to a disability, which is possible in cases of severe pregnancy-related illness, the duty to make reasonable adjustments may also apply. We can advise you on where those boundaries sit and what adjustments might be appropriate in practice. Where a pregnancy-related absence is prolonged, we can help you assess the options available to you, including phased return or temporary adjustments to duties, and advise on how to manage cover arrangements without creating additional risk.
Do You Need External Support When Dealing With Sick Leave During Pregnancy?
For a small business, losing a member of staff to extended pregnancy-related absence can have a direct operational impact. However, the legal exposure from mishandling pregnancy-related absence is significant. Pregnancy and maternity discrimination claims can result in awards covering injury to feelings, lost earnings, and future losses, none of which are capped. The reputational cost of a tribunal claim in a small business community is a further consideration that is easy to underestimate.
Working with experienced HR consultants like ours significantly reduces the risk of getting the process wrong and facing a tribunal claim. We have been helping small employers navigate employment law correctly since 2003. If you have an employee who is pregnant and you are unsure how to manage their absence or what your obligations are, we are perfectly placed to help. Call us on 01491 598 600 or email cw@gaphr.co.uk. All initial enquiries are free of charge.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
