Back to work

[destiny121]

Hi ladies... are we still protected regarding maternity if we decide to go back to work? As in... can managers put unnnecessary stress on to you or do they have to take in account that you are a new mum?

[Hidden]

I don’t think so once your maternity is over that’s it.

[Tiddly1984]

In the UK they do.

[MissEd in reply to Tiddly1984]

I dont think this is correct. There is nothing in my maternity policy about taking in to account im a new mum, but our maternity is 12 months so i guess by then your not a new mum!

[Tiddly1984 in reply to MissEd]

There’s the law and then there’s your maternity policy.

If your employer employs people of childbearing age and the work could involve a risk to pregnant women or new mothers, the general risk assessment must include a ‘specific’ risk assessment of risks to new and expectant mothers arising from any processes, working conditions, physical, biological and chemical agents. This includes women who have given birth in the last six months and for as long as they are breastfeeding. It also includes a woman who has had a stillbirth after the 24th week of pregnancy.

If the risk assessment reveals a risk, your employer must do all that is reasonable to remove it or prevent your exposure to it. Your employer must give you information on the risks and what action has been taken.

If there are still risks and you have notified your employer in writing that you are pregnant, breastfeeding or have given birth in the last six months, your employer must consider the risks and take actionas follows:

Step 1: Temporarily alter your working conditions or hours of work, if this is reasonable and avoids the risk, such as allowing extra breaks, ensuring that you can sit down and avoiding heavy lifting.

Step 2: If that is not possible, your employer must offer you suitable alternative work on terms and conditions that are not substantially less favourable than your original job.

Step 3: If there is no suitable alternative work, your employer must suspend you on full pay for as long as necessary to avoid the risk.

This includes protection from some working conditions that may cause stress.

[MissEd in reply to Tiddly1984]

6 months it says

[Tiddly1984]

Yes, but she’s asking if there’s protection after going back to work. The answer is ‘yes’ for 6 months after giving birth or for as long as breast feeding.

[destiny121]

Thanks for all the comments... I mean though for example they can’t expect you to work late, extra hours etc when you have a family.... I work in sales so very male dominated and targets etc.... could they use this to try to get you out by setting unrealistic targets etc... or is there a claim for constructive dismissal there?

[Tiddly1984]

It depends whether there’s a risk to your health and safety. If so then they must do all that is reasonable to prevent the risk.

Working conditions that may place you at risk:

Facilities (including rest rooms)

Mental and physical fatigue, working hours

Stress (including post-natal depression)

Passive smoking

Temperature

Working with visual display units (VDUs)

Working alone

Working at height

Travelling

Violence

Personal protective equipment

Nutrition

You have the right to transfer to suitable alternative day work if you are pregnant, breastfeeding or have given birth in the last six months. You must tell your employer in writing that you are pregnant and provide a medical certificate saying that you cannot work at night for health and safety reasons.

The suitable alternative work must be on similar terms and conditions and it must be suitable for you. If there is a good reason why you cannot work days or if there is no suitable alternative day-time work available, you should be suspended on full pay.

Also, your employer must protect your health and safety if/while you are breastfeeding by making reasonable changes to your working conditions or hours of work, such as allowing you to work shorter shifts, having extra breaks to express milk or avoiding night work or overnight stays.

[CLCP]

I would check you Family Friendly policy if your employer has one. Also perhaps consider a flexible working request. Always good to discuss clear and reasonable expectations for you and from you with you Line Manager

[jessyjessy572]

I think in your specific work when it comes to targets and extra hours etc then the standard fair treatment apply regardless if you are new mum. I don’t think your targets would be lower due to you being new mum but at the same time it should be realist and achievable and in line with your colleagues. Your employer should work with you to support your work schedule around child care etc. But this has to work for both parties therefore this has to be discussed, for example if your would need to leave early due to nursery opening times maybe early start or shorted lunch brake would work, whatever works for both parties. I am new mum myself and will be going back to work in few months, I would not expect to have special rights because I am new mum ( I am not saying this is what you are after please don’t take me wrong) however I am expecting my employer to be flexible because I am new mum ! Hope this makes sense. I am lucky as my company really supports flexible working and I know if you are working in very male dominated company it might be more challenging for you to find a compromise that both parties find fair. Good luck !