Not paying me for antenatal?

[Dream_Catcher]

Hiya I'm a little bit confused so any help would be welcome.

Firstly I had my first scan booked for 16th Dec, so on 13th Dec I went into work to see my boss and told her that I couldn't work on one of the days I'd been sceduled. I'd be sceduled for Monday 15th dec 4pm until 1am and Tuesday 16th Dec 4pm until 1am. I was told by her that she'd cover my Tuesday and book me in for Friday 19th Dec.

I think I've lost a days pay from that which I dont think is fair. I've been droppped to part time hours as it is and I need the money.

At my scan the sonographer got concerned and booked me in to see an consultant for a further scan etc. I've been given Monday 22nd at 11:15am, but once again I've checked my work scedule board, which only gets updated a few days before the week commencing begins: very short notice, and I'm in work at 110am that morning. So once again I'm going to have to go in and see my boss who will more than likely "switch" my days so they fit in with her, meaning I lose a days wage again. Like this week I'm only in two days next week and can't afford to have my days took off me, even though they get replaced but it's not the point I've asked for more days but was told I wouldn;t be able to get any, yet she can switch my days

Is this right?

 

[LisaJ1986]

I'm not 100% sure, so someone will have to clarify, but i'm pretty sure you should still be paid for any antenatal appointments you have!!! I don't think your hours should be switched, if they are you should still be paid for the day you took off.

My work made me work through my lunch hour! Not good when you're pregnant and in need of food!!!

Don't quote me on it though, but i'm sure that what your boss is doing isn't right.

 

[tuck]

you are entitled to reasonable PAID time off for antenatal care, this does not mean your employer can swap your days/hours etc and this could be classed as unfair treatment because your are pregnant.
http://www.direct.gov.uk/en/Parents/Mon ... G_10026556
http://www.worksmart.org.uk/rights/what ... i_entitled

however if you are requesting to take a whole day/shift off then your employer may not feel this is 'reasonable' and could ask you to make up some hours either work or leave entitlement.

ie your scan is at 11.00 am, would normally take say 1 hr and then 1hr travelling, your shift finishes at 6pm it would be reasonable for your employer to expect you to attend work after your scan

i'd print off the relevant website pages and take them in to show your boss and also discuss the 'reasonable' amount of time you will require (obviously pointing out that you may not be seen on time!)

 

[Dream_Catcher]

you are entitled to reasonable PAID time off for antenatal care, this does not mean your employer can swap your days/hours etc and this could be classed as unfair treatment because your are pregnant.
http://www.direct.gov.uk/en/Parents/Mon ... G_10026556
http://www.worksmart.org.uk/rights/what ... i_entitled

however if you are requesting to take a whole day/shift off then your employer may not feel this is 'reasonable' and could ask you to make up some hours either work or leave entitlement.

ie your scan is at 11.00 am, would normally take say 1 hr and then 1hr travelling, your shift finishes at 6pm it would be reasonable for your employer to expect you to attend work after your scan

i'd print off the relevant website pages and take them in to show your boss and also discuss the 'reasonable' amount of time you will require (obviously pointing out that you may not be seen on time!)

So when I go in tomorrow for my shift, could I ask for reasonable time off on that day, say take 4 hours off but come straight to work after the appointment and do a full shift? Would they be able to refuse as I'm trying to be reasonable?

I also only took the full day off on Tuesday 16th as I didn't know much about rights and my boss just said instantly "I'll get Tuesday covered for you".

 

[tuck]

You wouldnt need to do a full shift, just whatever is left from your normal shift, you're asking for reasonable time off from your working day. and paid time off means that you would get normal pay for the hours that you arent actually working, example if you work a 8 hour shift and from say 9am-5pm and you ask from 9am-1pm off for antenatal care/appointment then you would only be required to then work 1pm-5pm, sorry does that make sense cause sometimes when I'm writing it it sounds confusing.

as I said print off the pages from the websites and take them in, I'd also recommend you look at your companies maternity policy which should be readily available to you, it may even cover maternity leave etc in your contract of employment. you should also ask your manager for a pregnancy risk assessment to ensure that your working conditions/work station is suitable. do you have a Personnel/HR department you could speak to as your manager dosnt sound like they're up to date on maternity rights.

http://www.direct.gov.uk/en/Parents/Mon ... G_10026556

Time off for antenatal care
All pregnant employees, however long they've been in their jobs, are entitled to reasonable time off work for antenatal care. Any time off must be paid at your normal rate of pay. It is unlawful for your employer to refuse to give you reasonable time off for ante-natal care or to pay you at your normal rate of pay.

Your employer can ask for evidence of antenatal appointments from the second appointment onwards. If asked you should show your employer a medical certificate showing you're pregnant and an appointment card or some other written evidence of your appointment.

Antenatal care may include relaxation or parent craft classes as well as medical examinations, if these are recommended by your doctor. If you can, try to avoid taking time off work when you can reasonably arrange classes or examinations outside working hours.

Health and safety for pregnant employees
Some workplace hazards can affect pregnancy at a very early stage or even before conception, so employers must think of the health of women of child bearing age, not just wait until you tell your employer that you're pregnant. Your employer, as part of their normal risk assessment must consider if any work is likely to present a particular risk to women of child bearing age. You should tell your employer that you're pregnant as early as possible so that they can identify if any further actions are needed.
Risk assessment
When you tell your employer that you are pregnant your employer should review their risk assessment for your specific work and identify any changes that are necessary to protect you and your unborn baby's health. Your employer should involve you in the process and continue to review the assessment as your pregnancy progresses to see if any adjustments are necessary.

These risks might be caused by:

lifting or carrying heavy loads
standing or sitting for long periods
exposure to toxic substances
long working hours
Your employer must then either remove the risk or remove you from being exposed to it (for example, by offering you suitable alternative work). If neither of these is possible, your employer should suspend you from work on full pay.

More about suspension from work on medical/health and safety or pregnancy grounds More about employers' health and safety responsibilities Read Health and Safety Executive guidance for new and expectant mothers Opens new window If you think you're at risk
If you think you're at risk, but your employer doesn't agree, you should first talk to your health and safety representative or a trade union official. You can also go directly to your employer to explain your concerns. If your employer still refuses to take action, you should talk to your doctor or call the Health and Safety Executive helpline on 0845 345 0055 (8.00 am to 6.00 pm Monday to Friday).

More about solving disputes at work

 

[Dream_Catcher]

Thank you so much for this. I feel much better now all I have to do is get the courage to bring it up with my boss now It made total sense

We have HR person, but she never seems to be in when you need her, I was also going to try to find her before work tomorrow, to see what she says. My boss is up todate with maternity stuff but she's the type of person who will dodge it and talk about it as if she knows more about it than you therefore she's right.

I've not even been spoken to about a pregnancy risk assessment. She knows I'm pregnant and has done for nearly two months and I thought the sooner I tell them the better. I also asked the HR person about the companies maternity policy and was given a booklet but it doesn't say anything about antel natal in it.

I'll speak to her tomorrow and hopefully she'll be nice about ti and not try to pull the wool ove rmy eyes.

 

[Urchin]

I'll speak to her tomorrow and hopefully she'll be nice about ti and not try to pull the wool ove rmy eyes.

LOL well if she does come back here and we'll set you straight. Tuck is right, all of these times, including MW appointments scan etc you should be paid as if you are at work.

 

[tuck]

good luck, and she cant pull the wool over your eyes, she cant get out of it, it's a legal requirement to give you paid time off and nothing to do with company policy. you could also put your request in writing along with a copy of your appointment card/letter (which you shouldnt have to but wouldnt hurt if she's being funny about things)you can always ring ACAS or any of the other helplines on some of those websites if you need more help

chin up and bite the bullet, you're asking for nothing that you're not entitled to, but do stress that your appointment may not be on time and therefor if your appiontment is late you'll contact work at your earliest opportunity to let them know. this way you've covered yourself

ps: the day that you took off prior, I'd ask for this to be classed as a working day or at least only be put down as a half day holiday or something along those lines, what time was your appointment? (ie half day classed as at work and half day annual leave), she cant refuse part of it as it was for a scan

 

[moss]

This probably isn't the case for you, but you are only entitled to those things if you are an "employee" and not if you are a "worker". You are a worker if you are temping, or on a short contract, and probably for other reasons that I can't remember.

 

[Dream_Catcher]

Seemed to go weel. Went to my hospital appointment, which all was good news , then went into work straight afterwards. Got off normal time and a manager is going to clock me in.

Shame I won't find out until next pay day in 2 1/2 weeks if they actually do pay me.

 

[tuck]

great news on the scan . and if you dont get paid kick up a fuss and threaten them with an employment tribunal if you donrt receive your wages for the hours you were away and subsequent appointments!

 

[SoonToBeMrs]

As long as your employers know you are pregnant.. they have to, by law, pay you for any antenatal appts you take.. as long as they are compulsory appts and not things such as ante-natal classes etc.

Has your employer seen your maternity form MAT B1? This is the evidence of your pregnancy your employer would need in order to set about paying you for any time off. I think it stretches to only having the appointment time off and not the whole day. You should speak with a supervisor or someone who knows more about your companies policies about this.

Hope you get it sorted! Try not to worry too much about it.. it'll all get sorted

 

[tuck]

As long as your employers know you are pregnant.. they have to, by law, pay you for any antenatal appts you take.. as long as they are compulsory appts and not things such as ante-natal classes etc.

:

sorry 'SoonToBeMrs but antenatal classes do qualify as do parencraft classes, relaxation classes if your doctor or midwife think they will be beneficial.

 

[Dream_Catcher]

As long as your employers know you are pregnant.. they have to, by law, pay you for any antenatal appts you take.. as long as they are compulsory appts and not things such as ante-natal classes etc.

:

sorry 'SoonToBeMrs but antenatal classes do qualify as do parencraft classes, relaxation classes if your doctor or midwife think they will be beneficial.

Yes I've been told this as well.

My SIL also told me other week that friend of hers used to go to "baby cooking classes" just to get out of work lol

 

[HeartOfGlass]

Hi,

My company are being really good with me and I'm allowed off my antenatal appointments paid. I've checked my company policy and this is part of it as long as I show an appointment card (which I haven't had to do).

I think this may be one of those things that depend on the company but have you got a copy of your contract when you started there that you could check?

I know its not much but I hope this helps,

Berry

 

[tuck]

I thought I'd just add to this that if you are refused the time off or do not receive payment for the time off then you can take out a unlawful discrimination case against your employers

A pregnant employee could bring an unlawful discrimination and/or unfair dismissal claim to a tribunal if you:

dismiss her or treat her unfairly because she tried to exercise her right to time off for antenatal care
unreasonably refuse her time off for antenatal care
deny her her normal rate of pay during such time off
A pregnant employee can bring a claim regardless of whether or not:

she actually has the right to paid time off for antenatal care
that right has actually been infringed - all she has to have done is act in good faith in seeking to assert the right