Pregnant employees and agency workers have the right to attend ante-natal appointments. In October 2014, the right was extended so that qualifying employees and workers could accompany pregnant women to ante-natal appointments.
This right applies to:
- A pregnant woman’s husband, civil partner, or partner;
- The father of a pregnant woman’s child; and
- Intended parents in a surrogacy situation (who meet specified conditions).
Those who are eligible are entitled to time off for up to two appointments for a maximum of 6.5 hours for each appointment. There is no express right to be paid for the time taken off to attend an appointment. However, an employer may choose to exercise its discretion or there may be a contractual obligation.
Will the partner have to be employed for a specific period before being able to take time off for ante-natal appointments?
It is important to note that it is a “day one” right for employees to be able to take unpaid time off to attend the ante-natal appointments. Agency workers, on the other hand, will be required to satisfy a qualifying period.
If an employee is entitled to go to ante-natal appointments and is denied by their employer then they may have a claim in the Employment Tribunal.
Will the partner have to provide evidence?
If an employer chooses to, they can ask for a signed declaration expressing:
- That the employee has the required relationship with a pregnant woman or her expected child;
- That the purpose of the employee’s time off is to accompany a pregnant woman to an ante-natal appointment;
- That the appointment is scheduled on the advice of a registered medical practitioner, registered midwife, or registered nurse; and/or
- The time and date of the appointment.
The Department for Business, Innovation and Skills has published a guide for employers.
How can we help?
Kate Frisby is an Associate in our expert Employment Law team, advising on performance management, the drafting of policies and contracts, settlement agreement negotiations and assisting with claims in the Employment Tribunal.
For advice on or further information in relation to the subjects discussed in this article, please contact Kate or a member of our expert Employment Law team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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