Time off for Ante-Natal Appointments

The Employment Rights Act 1996 has allowed pregnant employees and agency workers to take paid leave from their employer to attend antenatal appointments during the course of their pregnancy. This right applies irrespective of length of service or the number of hours worked.

A wide range of activities may fall under the definition of antenatal appointments, such as relaxation classes, parenting classes and medical examinations.

After the first appointment, an employer is entitled to ask for certain evidence, with employees being prevented from taking paid leave until both a MATB1 form confirming pregnancy and an appointment card have been shown to the employer.

The legislation requires an employee to give reasonable notice to take such appointments and there is a right for an employer to refuse time off where it is reasonable to do so. When assessing reasonableness, an employer might take into account the timing, length and frequency of the appointments, where very short notice has been given and where the employee could have arranged the appointments outside of working hours.

If an employee is unreasonable refused time off for antenatal care, or is not paid their required pay for attending appointments, they are entitled to bring a claim before the Employment Tribunal within three-month of the refusal or non-payment. Not only would a successful claim result in the employee being paid any shortfall in salary for the appointment, this is also likely to amount to unlawful discrimination on the grounds of pregnancy and maternity under the Equality Act 2010.

With effect from 1 October 2014, a new right will apply allowing employees who have a “qualifying relationship” with a pregnant woman or her expected child to take unpaid time off during working hours to accompany the woman to antenatal appointments.

A qualifying relationship exists where the employee:

1. Is the husband or civil partner of the pregnant woman;
2. Lives with the woman (whether in a heterosexual or same-sex relationship) in an enduring family relationship and is not a relative of the woman;
3. Is the expected child’s father;
4. Is one of a same-sex couple to be treated as this child’s other parent under assisted reproduction provisions;
5. Is a potential applicant for a parental order in relation to a child expected to be born to a surrogate mother.

The right is limited to taking time off on no more than two occasions lasting no more than six and a half hours each. There is no qualifying period of employment required.

An employer may require the employee to comply with certain formalities in order to take such leave, which requires an employee to confirm (in writing) that there is a qualifying relationship, and the purpose and arrangements for the appointment.

Time off for an employee to attend appointments with the expectant mother may again be refused where it is reasonable to do so.