Help! Maternity rights info needed

[Dream.A.Dream]

I only started working in the job I do now in mid May, as such I'm still not very far into my 6 month probationary period. I'm suffering really really badly with pregnancy related sickness. On friday I had to leave work an hour and a half early because I was throwing up. I have continued to throw up all weekend and today I had to phone in sick. I called the trainer whose course I was meant to be on today and told them I wouldn't be in as I'm being sick still.

About 2 hours later my line manager rang me back to see what exactly what was wrong with me, and to check it wasn't anything contagious that she needed to worry about the rest of the office getting. She also made a point of reminding me that in my probation I'm only allowed 3 more days off before November or I'll be sacked.

By boss doesn't yet know I'm pregnant, obviously when I return from this time off I'll have to tell them. But I'm really worried that I'm going to be off more than 3 more days. Can they actually sack me if it's pregnancy related illness??

The only stuff I can find online says that they treat pregnancy sickness as normal sickness, so therefore they could sack me?

ARGH, the stress is not good for me. xx

 

[Kimboowee]

Im not too sure, hope someone can help you. You could give CAB a ring and they will be able to give you the right advice.

Please try not to stress too much x

 

[kaylynn040485]

I really dont think they will sack u, pregnant women are so well protected now that its not in there best interests to sack you. But i would tell them asap because if they think u r before u tell them then they could sack u and i would give it in writing and keep a copy just for your sake and also pregnancy related illness cannot be counted as part of your sickness absence, its seperate and cannot count! Kx

 

[Starbright]

Hi

Your emplyoer can treat sickness as normal sickness so long as it is not related to the pregnancy. Have obtained some info for you (with a few words changed)...

"If the illness is pregnancy related it does not count towards [your] sickness record and [you] cannot be dismissed because of it. A pregnant [employee] should not be treated less favourably than other employees because they are sick. It is unlawful (sex discrimination) for an employer to treat as a disciplinary issue a [employee] being off sick due to pregnancy."
I don't know whether still being in your probationary period will affect this - i don't think so but not 100% sure.

I recommend ringing Acas and speaking to an adviser there- 08457 474747.

Good luck! xx

 

[Vici]

In theory no, they can't hun! But in practice, employers have many many ways around this and some will use an excuse so as not to be seen being discriminatory. Don't forget, if you've not told them you're pregnant then they are not to know either way!

 

[caggimedicine]

Check out the company policies - all the answers will be there.

It is unlikely that you will be sacked instantly as soon as you hit a certain number of days sickness absence - I think your manager is misunderstanding company policy there. It's more likely that your entitlement to sick pay during your probation review will run out and that's what he/she is confusing.

As for sickness/pregnancy related sickness - at the moment, your employer doesn't know you're pregnant and therefore have every right to be recording your absence as normal sickness. Even if you told them now, the time you've had off already will remain as normal sickness. When off sick during pregnancy, it is still calculated for sick pay purposes and recorded as sickness absence - the only difference is that it should not be included in calculations for redundancy/disciplinary etc. Also - if you're off sick during the 4 weeks leading up to your due date, your employer can start your maternity leave (e.g. you would receive maternity pay rather than sick pay).

In my opinion, if you're suffering this much, it may be an idea to inform your employer that you're pregnant now so that they can make some adjustments to help you.

 

[orange-sox]

Check out the company policies - all the answers will be there.

It is unlikely that you will be sacked instantly as soon as you hit a certain number of days sickness absence - I think your manager is misunderstanding company policy there. It's more likely that your entitlement to sick pay during your probation review will run out and that's what he/she is confusing.

Unfortunately if Katy's probation period is the same as what I endured at one of the major high street banks, it states in the terms of your period that if your sickness exceeds a certain amount of days your contract will be terminated, but don't forget that pregnancy related illness does not count towards your sick days.

However, you're being sick because you're pregnant, so you need to tell them sweetheart, I know you don't want to but I can't stand the thought of you having to suffer in silence, and stressed out about losing your job with your line manager on your back.

 

[Dream.A.Dream]

Thanks everyone, i told my manager yesterday over the phone and she was really good. She said that pregnancy illness is exempt from the usual 4 days and then the sack rule and said not to worry about coming in for the rest of the week if i can just get her a letter from the doctors. So that'll all done and dusted and the doc has signed me off until the 30th. Now if only i could stop throwing up... xx

 

[Starbright]

That's really good to hear
Hope you do feel better soon xx

 

[orange-sox]

Hopefully the reduction in stress might help it to ease off a bit x

 

[Seraphim]

Wooo!

Good news.

Very pleased for you.

I was going to say they can't count pregnancy-sickness, but they could have been as horrible as they liked - so great to hear they were nice about it

 

[FierceAngel]

glad to hear its sorted

just be sure tht any sick note you get from yr doctor state pregnancy related illness

also some gps are funny about giving out certs for less than 7 days as you are supposed to self cert but just tell them you will loose yr job otherwise

hope u feel better hun my morning sickness was bad too

 

[Maffie]

I ended up off alot in my probation due to pregnancy related illness, they are not allowed to discriminate against you and a period of sickness which is related to pregnancy can not be treated the same as other sickness. If they do its sex discrimination.