CIRC 55: COVID-19 AND NEW AND EXPECTANT MOTHERS

There is some confusion as to what the employment rights of new and expectant mothers are under COVID - 19, the NEC set out below what should always happen not just during this emergency.

HSE advises that if a risk assessment has identified any risks to the health and safety of a new or expectant mother, or that of her baby, and these risks cannot be avoided by taking any necessary preventative or protective measures under any other health and safety legislation then your employer must take action to remove, reduce or control the risk.

COVID-19 has been identified by Government and Public Health England (PHE) as a significant health and safety risk for new or expectant mothers, so therefore your employer must take the following actions:

• Action 1: Temporarily adjust your working conditions and / or working hours; or if that is not possible.
• Action 2: Offer you suitable alternative work (at the same rate of pay) if available; or if that is not possible.
• Action 3: Suspend you from work on paid leave for as long as necessary to protect your health and safety, and that of your child. (Known as a Maternity Suspension).
Any alternative work offered must be suitable and appropriate for you to do in the circumstances and on terms and conditions no less favourable than your normal terms (Employment Rights Act 1996).
 

 

Yours Sincerely

STEVE GILLAN      
General Secretary

 

Yours Sincerely

MARK FAIRHURST
National Chair