Pregnant women, and the unborn / newly born baby have legal protection from harm under the Management of Health and Safety at Work Regulations. They apply to all female workers of child-bearing age.
The employer has a legal obligation to ensure that pregnant women and new mothers are never made to work in conditions that will affect the baby's health.
It is also an offence for an employer to dismiss you because conditions cannot be met to protect the your child.
A pregnant worker can tell the employer whenever she wants that she ios pregnant, however she must tell the employer at least 15 weeks (26th week of gestation) before the due date if she is going to take maternity leave. This must be done in writing.
The employer must then carry out a workplace risk assessmentr , and this must include an assessment of the risks to the expectant mother, taking into account any processes, working conditions, physical, biological and chemical agents that may affect the mother and child. Any identified issues must have controls to reduce the risk so far as is reasonably practicable.
The pregnant worker can ask for a review of this risk assessment at any time during pregnancy, and upon return to work.
The employer must take action by:
altering temporarily the working conditions or hours of work, e.g. extending breaks, ensuring the mother can sit down, and by avoiding heavy lifting.
if (1) doesn't work, then the employer must offer suitable alternative work or conditions that not less favourable to current work.
if (1) and (2) doesn't work, then suspension on full pay must be given.
(2) and (3) only apply to those in employment or on agency work who have worked more than twelve weeks on the job they are doing.
Upon return to work, especially if breastfeeding, you are entitled to somewhere safe and private (not a toilet) to express milk and to store it (not in a refrigerator used by others). The risk assessment should be reviewed.
More information can be found by speaking to your Human Resources team, or by visiting www.hse.gov.uk/mothers/employer/resources.htm
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