There is often a lot of confusion over whether employees are entitled to time off for antenatal appointments. All pregnant employees are entitled to attend the antenatal appointments, however there is currently no right for a prospective father or partner to take leave. If they want to accompany their partner/wife to an antenatal appointment and their employer is not prepared to allow them time off to attend, then they would have to take it as annual leave.
Pregnant employees have the right to paid time off during working hours for the purposes of receiving antenatal care. Antenatal is not restricted to medical examinations and can include relaxation classes and parentcraft classes, provided that they are recommended by a registered medical practitioner or midwife. I have come across scenarios where the midwife
recommended swimming and yoga to assist with the pregnancy and because of this, the employee was entitled to paid time off to attend. It is also accepted that the period of time the employee is allowed to be away from work does include travel to and from the appointment.
An employer has to grant the paid time off once they are in receipt of the MATB1 form (the form confirming the pregnancy and the expected date of confinement - a GP will provide this). If at the point appointments commence the employee is not yet in receipt of their MATB1 Form, you can request sight of the appointment card for the initial appointments.
You can however refuse the employee time off to attend an antenatal appointment where it is reasonable to do so. The question which then arises is - what is reasonable?
The timing, length and frequency of the appointment may be a factor in assessing the reasonableness of the employer in refusing the time off.
If you unreasonably refuse paid time off for antenatal care, the employee can submit a claim to the employment tribunal. The employee can be awarded compensation equivalent to the amount the employee was entitled to receive for the time off, regardless of whether or not the employee ultimately attended the appointment or not. As of October this year, this compensation will be increased to twice the amount that she was entitled to receive when taking time off. It is also more than likely that the employee will make a claim for sexual discrimination in which the compensation is based on what the judge believes is fair and equitable. The amount which can be awarded is unlimited.
As of October 1, 2014, an employee who has a ‘qualifying relationship’ with the biological mother will also be entitled to take time off during their working hours to accompany the woman to antenatal appointments.
This applies to no more than two appointments and can last no longer than six and a half hours per appointment. The time off is unpaid unless you decide otherwise.
The employee requesting the time off can be asked by the employer to provide proof that the employee has a ‘qualifying relationship’ with the pregnant woman or expected child. An employee has a qualifying relationship with a woman or her expected child if:
? They are the pregnant woman’s husband or civil partner.
? They live with the woman (whether in a heterosexual or same-sex relationship) in an enduring family relationship and are not a relative of the woman.
? They are the expected child’s father.
? They are one of a same-sex couple who is to be treated as the child’s other parent under assisted reproduction.
? They are the potential applicant for a parental order in relation to a child who is expected to be born to a surrogate mother.
The employee must also prove:
? That the purpose of taking the time off is to attend an antenatal appointment.
? That the appointment has been made on the advice of a registered doctor, registered midwife or registered nurse.
? The date and time of the appointment.
The employee may be refused time off but once again the refusal has to be reasonable. There is the risk that an employee who is refused time off to accompany a pregnant woman may bring a tribunal claim if they believe it was unreasonable to withhold the request. A claim must be brought within a three-month time limit beginning with the day of the appointment. If the employee is successful, the compensation payable is twice the hourly rate for the period when the employee would have been entitled to be absent, had the employer granted the time off.
If you have a written policy setting out how you manage antenatal appointments this will need updating to reflect these changes.
A practice manager has a lot of issues to deal with on a daily basis. Keeping up with the changes in employment law shouldn’t be one of them, therefore if you need any assistance dealing with HR and employment issues in your practice, you should get in touch with legal experts who can help you.