Taking Time off Work for Antenatal Appointments
Receiving regular care from health professionals while you are pregnant is very important. During antenatal appointments, a doctor or midwife will check your health and your baby's to make sure you are both healthy, and that the pregnancy is progressing as expected.
The number of antenatal appointments you have will depend whether you are expecting your first child or if you have had a baby before. For your first child, you will receive up to 10 appointments. Otherwise, you will usually have up to seven antenatal appointments, unless additional care is required due to the development of a medical condition.
Can I take time off work for antenatal appointments?
Yes, as an employee you are legally entitled to take time off work to go to antenatal appointments. Your employer cannot 'unreasonably refuse' a request to take time off for antenatal care, which includes time needed to travel to and from these appointments.
The time off work for antenatal appointments, which can include relaxation and parentcraft classes, should be paid time off. There is no obligation for you to take annual leave or to work extra hours to make up this time.
Your right to take time off is not dependant on how long you have worked for your employer or the number of hours you work each week. So you are entitled to take time off whether you have worked for your employer for 5 years or 1 day.
If you are an agency worker, you have the same antenatal rights as employees, but these rights only apply once you have worked for the same hirer for a minimum of 12 consecutive weeks.
Do I need to show my employer proof of my antenatal appointments?
For your first antenatal appointment, you don't have any obligation to show your employer any proof. But for all subsequent appointments, your employer has a right to request this proof, such as a letter from your midwife, GP or health visitor. Many employers won't actually make this request, but if they do and you refuse or are unable to provide it, your employer is within their rights to refuse to give you the time off work.
What if my employer refuses to give me paid time off?
If your employer refuses to pay you for the time off work needed to attend antenatal care, or simply refuses your request for time off completely, you have a right to make a complaint. Unless they have a valid reason for the refusal, such as if you have refused to provide proof of your appointments, you can make a complaint at an employment tribunal.
If you do decide to make a complaint, it is wise to get legal advice from an employment law solicitor beforehand. As well as breaching your right to paid time off, the actions of your employer could also be classed as pregnancy discrimination or even harassment.
If you are treated unfavourably at work for taking time off for antenatal care or having requested time off, such as being disciplined or dismissed, you may be entitled to make a claim for compensation against your employer.
Can fathers and partners take time off for antenatal appointments?
Yes, if you are the father or partner of a pregnant woman, you have a right to take time off work for antenatal appointments. However, this legal right is limited to 2 appointments which will be unpaid time off. The time off for each of these appointments is capped at six and a half hours.
Your employer may provide more generous terms, such as paid time off or the flexibility to accompany your partner to more than 2 appointments. But this will be down to the discretion of your employer and whether additional rights are included in your contract of employment.
Many employers will appreciate the importance of being able to attend appointments regarding antenatal care, especially those where ultrasound scans are provided. So even if you don't have a contractual right to the time off you need, your employer may be flexible and allow you to make up the time off, swap your shift or take annual leave.
What is the position regarding parents through surrogacy or adoption?
If you are adopting a child, you have a right to take time off work for adoption appointments. How much time off and whether the right extends to paid or unpaid time off will depend on whether you are the main adopter or the secondary adopter.
Main adopters are entitled to have up to 5 appointments, with this being paid time off. Secondary adopters can take time off for a maximum of 2 adoption appointment, but are only entitled to unpaid time off.
If you are expecting a child through a surrogacy arrangement, you also have a right to unpaid time off to accompany the surrogate to 2 antenatal appointments. To have this right you must qualify for and intend to make an application for a Parental Order.
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