Pregnancy related absence?

[foodluva]

Hi,

Can anyone confirm if miscarriage is considered pregnancy related absence and therefore cannot be counted against me? I work for the NHS and my boss wants me to attand an HR meeting because I've been absent for 2 weeks following a miscarriage. I'm sure she can't do this and I've told her so.

Thanks in advance!

Foodie x

[foodluva]

Yes we have union reps here. I'm going to phone HR tomorrow to check that I'm right. I've no plans to speak to the union unless I have to. Thanks to all for your replies x

[ojread2]

as sad as your situation is and as much as I sympathise, your employer is acting within it's policy and there is no preferential treatment for you just because of why you are off sick. That is a good thing IMO

Of course employers can call you for a disciplinary hearing when of sick. You can be dismissed whilst off sick as well, although the amount of sickness would need to be more than 12 days, so dont panic!

Read this
http://www.direct.gov...rocedures/DG_10028114

[IggyB]

As mentioned the case of treating sickness related to pregnancy as a disciplinary matter has been covered by the Equality Act 2010. Even though the NHS run what is now a very draconian sickness monitoring procedure the policy cannot be applied equally to all (no matter how much your employers wish it could be) because if that was the case it would mean that women (as they are the only ones getting affected by pregnancy illness) are much more liable to disciplinary meetings / action then men.

It really is a basic point - even gets a mention on the direct gov website
http://www.direct.gov...ityrights/DG_10026556

"It is unlawful sex discrimination for employers to treat women less favourably because of their pregnancy or because they take maternity leave. For example, this includes: .... treating days off sick due to pregnancy as a disciplinary issue"

[ojread2]

The employer is not treating the OP any differently
Sadly, she was not pregnant when off sick

[NOX]

ojread, of course they are- if she had not been pregnant and then not tragically had a miscarriage she would not have been off sick in the first place, it really is that simple and imho as Iggy has pointed out it's cut and dried that a disciplinary in such circumstances is unlawful.

[Lynnspar]

I do sometimes think an employer should be very careful when dealing with sickness.
I have memories of a manager saying a lady who was in her early 20's was was not genuinely ill after being off work for 6 weeks and was in hospital.
About 5 minutes later we had a phone call to say she had passed away.

Lynn

[ojread2]

Sorry, Nox, the op herself said 'following a m/c' she was off sick
Look, it is very sad, but the sickness was not pregnancy related and the employer will see it like that
It is perfectly understandable to be off when this happens
I'm wondering as well, whether the employer knew the OP was in fact, pregnant? As ion had she handed in her MaTB1 form - this will make a difference as well

[bednobs]

you cant get a matb form till you are 20 weeks. I think the OP from her other thread was about 10 weeks

[ojread2]

Ah, thanks bednobs

Then that is the way the employer will go - she wasn't officially pregnant ....

[ojread2]

God that sounds awful, I didn't mean it to sound mean, sorry

[bednobs]

me too foodluva, sorry if i have sounded callous in any of these posts - as you know i have had quite a lot to do with pregnancy entitlements when a pregnancy ends in the past few years, so i am just saying what would happen in NHS england

[foodluva]

After clarification from HR, I can confirm that IGGY and NOX were 100% correct in everything! OJ you really should get your facts right before spouting such drivel on a public forum! You state that because the miscarriage means I am no longer pregnant that it is not a pregnancy related illness? Your logic is laughable!!! As NOX points out, it couldn't have happened without a pregnancy to start with. The clue lies in the phrase 'pregnancy RELATED illness'. As IGGY states, miscarriage comes under the remit of pregnancy related illness and this is stipulated in government legislation ie. the Equality Act 2010. My HR dept have confirmed it would be unlawful for them to discipline me in any way as miscarriage IS pregnancy related. And FYI my employers were fully aware of my pregnancy early on as the nature of my job required an early risk assessment to be carried out. As Bednobs states, an MATB cannot be obtained until later in pregnancy but doctors records and early scans would confirm the pregnancy. Thanks to all who replied with valid information!

Foodie x

[LoftyLottie]

Glad you have it sorted out and your mind has been put at rest.

Anyone who thinks that illness after an early miscarriage would not be treated as pregnancy related is daft. I nearly died!!

[ojread2]

LOL

[Stevee]

http://www.direct.gov...nessabsence/DG_185054

Talk to these I a pretty sure there is a rule that as long as you are certificated, your work cannot contact you. Your boss is a liar any contact should have come from HR not her.

[NOX]

ojread, what the feck is the 'LOL' comment about? What the hell is possibly funny about this post?
I'm an employer and it's a simple fact that the lady's miscarriage is a pregnancy related absence, as she has now officially confirmed and there is nothing to ' lol' about in any circumstance. Talk about insensitive.