Can You Be Fired for Missing Work Due to Pregnancy Related Issues?
While there is now a focus on pregnancy rights, being fired for missing work due to pregnancy related issues is still an issue. Is it legal for your workplace to fire you for missing work when your pregnancy doesn't quite go to plan? Here are your rights while being pregnant in the workplace.
You Are Not Entitled to Special Treatment
Your pregnancy does not mean that you are entitled to any special treatment. You cannot just miss work and claim that you are feeling tired or ill from carrying the baby. It is possible to be terminated if you attempt to do this. However, this is the case when it comes to a normal pregnancy. If things don't quite work the way they should, there will be some leeway.
It will also depend on your job. Your employer will need to make some provisions for you, especially if you work around toxic chemicals or your job requires hours of standing on your feet or lots of heavy lifting. The employer has a duty to make your workplace safe.
If you do need temporary special treatment due to your pregnancy, you will need to have a doctor's note. This will be the case whether it is due to severe morning sickness or because of complications during the third trimester.
You Will Still Get Sick Leave
You can't be discriminated against while pregnant. That means you can't be treated any differently in a negative way to your other employers. So, you will still have a sick leave allowance.
In some cases, a pregnancy can be treated as a disability. This means that with a doctor's note or hospital admission, some short-term insurance can be used to help cover issues. If your workplace has a short-term illness coverage, you may be protected under that due to your pregnancy-related illness. You may have been through a pre-employment medical for this type of coverage.
It is also possible to take unpaid special maternity leave. This is available for those who suffer a miscarriage or stillbirth after the first trimester or where you are ill because of the pregnancy. If you can't take unpaid parental leave, you will be allowed to move to a safe job if yours is unsuitable.
You cannot be forced to leave work or change roles due to your pregnancy, just like you can't if you were disabled. If you can still do the job, your employer should allow you to.
Your Hours Can't Be Reduced Without Your Consent
Some discrimination happens without ill-meaning. Your boss may have the view that you want to cut your hours down to make it easier while you're pregnant because others have requested the same. If this has happened, you can ask to be placed back onto your original hours. Work with your employer first before jumping straight to pregnancy discrimination. If you have a regular illness due to pregnancy, your boss may think it easier on you to reduce your hours temporarily. He/she should always discuss this with you first to see what you want to do.
If you feel like action is taken against you because of your pregnancy, you can seek legal action. However, work with your boss and keep the lines of communication about your pregnancy-related illness open. You can't be treated differently, but that also means you can't expect special treatment just because you are pregnant.
For more information, contact local professionals like Travellers Medical Services.
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