Outlook video: Time off work for antenatal care

XpertHR's head of content Jo Stubbs and senior employment law editor Clio Springer discuss the right to time off during working hours for antenatal care. 

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The questions in full:

In what circumstances can employees take time off work for antenatal care?

To be entitled to time off for antenatal care during working hours, an employee must be pregnant and have an appointment for antenatal care, made on the advice of a registered medical practitioner, midwife or nurse. 

That’s quite broad. What sort of care will it cover?

The obvious care is scans and routine antenatal appointments, for example to check blood pressure. But relaxation and parentcraft classes are also probably included, so long as they’re advised by a medical practitioner, midwife or nurse. Any class that the employee simply chooses to attend wouldn’t be covered. 

And does the employee have to provide proof of the appointment, for example an appointment card?

The employer can’t ask for proof of the first appointment. But thereafter, if it wants, the employer can ask to see an appointment card or some other document showing the appointment has been made, as well as a certificate from a registered practitioner, midwife or nurse stating that the employee is pregnant. 

And do employees have to be paid for the time off? 

Yes, the right to time off for antenatal care is to paid time off. 

So presumably even though the employee is being paid for the time off she shouldn’t be asked to make up the time?

No, she shouldn’t. Employers should also be aware that the paid time off is for the employee to be able to “keep” the appointment, so this will include time travelling to the appointment and waiting time. 

Can employers refuse to permit the time off?

Employers shouldn’t unreasonably refuse time off. The amount of time off for antenatal care that expectant mothers need is usually fairly standard, although where there are complications with the pregnancy there may be a need for more scans for example. In general, there are unlikely to be many occasions where an employer could justify refusing time off. 

I’m thinking that perhaps an employer might expect an employee to make her appointments after work, or a part-timer to make them for days when she’s not working. 

As you say, questions might arise where, say, a woman works part time, about whether she could make appointments outside her working hours. However, employers need to bear in mind that women are unlikely to have much control over the timing of their appointments. Antenatal clinics are often run on set days and times each week, so even if a woman works part time it may not be possible for her to arrange her appointments for when she’s not working. 

So there’s nothing to stop employers asking employees to try to arrange appointments for when they’re not working, but they should appreciate that this may not be possible. 

That’s right, and what’s reasonable will depend on the facts of the case. 

Scans are an important feature of antenatal care and often the woman’s partner or spouse wants to attend them too. Is there a right to paid or unpaid time off in these circumstances?

No, there’s no statutory right for someone to have time off - paid or unpaid - to accompany their partner or spouse to a scan or other antenatal appointment. However, the employer might have a policy permitting this, or might allow some other arrangements, for example permitting time off if the employee agrees to make the time up. 

Going back to pregnant employees themselves, I assume employees don’t need any qualifying service in order to be entitled to paid time off for antenatal care?

That’s right. However, the right to time off during working hours for antenatal care was recently extended to pregnant agency workers and a qualifying period applies to them. They must have worked in the same role with the same hirer for 12 continuous calendar weeks, during one or more assignments, to qualify for time off for antenatal care. 

And is that entitlement to paid time off?

Yes, they’re entitled to be paid for the time off but it’s the agency that’s responsible for this. However, the hiring organisation has to allow the time off. 

We’ve talked about pregnant employees’ right to paid time off for antenatal care. But what can they do if they think their rights have been infringed?

Where an employee considers that her employer has unreasonably refused time off for antenatal care, or to pay her for the time off, the employee can complain to a tribunal. If she’s successful it will award the pay that the employee would have received for the time off if it had not been refused - or the amount due to her where the employer failed to pay her. Perhaps more importantly, she is also likely to claim pregnancy and maternity discrimination, and might claim constructive unfair dismissal. Employers should be aware that, if the reason or principal reason for dismissal is related to pregnancy or because the employee asserted a statutory right, the dismissal will be automatically unfair. 

And there’s no minimum service requirement to bring an unfair dismissal claim in those circumstances?

No. 

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