EMPLOYMENT CASE LAW / HUMAN RESOURCE MANAGEMENT – Effective Risk Management of Pregnant Employees
Pregnancy is a part of normal everyday life. However, for a pregnant Employee in a work environment, pregnancy may result in a change to the status of the workplace for the Employee and her unborn child from a safe place to work to a potentially dangerous place to work. In essence, there are some hazards in the workplace which may adversely affect the health of the woman (pre and post-natal) and/or that of her developing child.
As soon as an Employee informs her Employer she is pregnant, has recently given birth, or is breastfeeding, and provides the Employer with an appropriate medical certificate, the Pregnancy Regulations (The Safety, Health and Welfare at Work (General Application) Regulations 2007, Part 6, Chapter 2, Protection of Pregnant, Post Natal and Breastfeeding Employees) apply. As the earliest stages of a pregnancy are the most critical stages for a developing child it is in both the Employee, and her child’s, best interests to let her Employer know that she is pregnant as early in her pregnancy as possible.
The Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007, provide that all Organisations carry out a Risk Assessment of possible hazards in the workplace. This Risk Assessment also requires the examination of possible risks to which a pregnant Employee is exposed to, how often the Employee is exposed to this risk and for how long this exposure lasts.
As soon as an Employer becomes aware that an Employee is pregnant, they must assess the specific risks from the employment to the Employee, and take action to ensure that the Employee is not exposed to anything which would damage either her health or that of her unborn child.
If there are specific risks to a pregnant Employee the Organisation must adjust the Employee’s working conditions, hours of work, or both, or provide the Employee with suitable alternative work. If none of the above options are possible the Employee must be allowed to avail of Health and Safety Leave, which may continue up until the beginning of her Maternity Leave. An Organisation must pay an Employee their normal wages for the first 3 weeks of Health and Safety Leave, after which time Health and Safety Benefit (which must be applied for through the Department of Social Protection) may be applicable, subject to the Employee satisfying certain qualifying criteria.
Night Work by Pregnant Employees
Night work in the context of the Safety, Health and Welfare at Work regulations is defined as a pregnant Employee working between the hours of 11pm and 6am, where they work either 3 hours within this period in the normal course, or at least 25% of their monthly hours are performed within this time frame.
Should the Employee be considered as a night worker, on production of a medical certificate from a registered medical practitioner which states that by working at night the Employee’s safety and/or health is compromised and that she should not be required to perform night work during pregnancy or for 14 weeks following childbirth, an Employer must:
It is important that Employers are aware of the provisions of the legislation, ensure that they put the appropriate policies and procedures in place to comply with the legislation and when required act in accordance with the requirements of the legislation so that the safety, health and welfare of the Employee and their unborn child is protected.
As soon as an Employee informs her Employer she is pregnant, has recently given birth, or is breastfeeding, and provides the Employer with an appropriate medical certificate, the Pregnancy Regulations (The Safety, Health and Welfare at Work (General Application) Regulations 2007, Part 6, Chapter 2, Protection of Pregnant, Post Natal and Breastfeeding Employees) apply. As the earliest stages of a pregnancy are the most critical stages for a developing child it is in both the Employee, and her child’s, best interests to let her Employer know that she is pregnant as early in her pregnancy as possible.
The Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007, provide that all Organisations carry out a Risk Assessment of possible hazards in the workplace. This Risk Assessment also requires the examination of possible risks to which a pregnant Employee is exposed to, how often the Employee is exposed to this risk and for how long this exposure lasts.
As soon as an Employer becomes aware that an Employee is pregnant, they must assess the specific risks from the employment to the Employee, and take action to ensure that the Employee is not exposed to anything which would damage either her health or that of her unborn child.
If there are specific risks to a pregnant Employee the Organisation must adjust the Employee’s working conditions, hours of work, or both, or provide the Employee with suitable alternative work. If none of the above options are possible the Employee must be allowed to avail of Health and Safety Leave, which may continue up until the beginning of her Maternity Leave. An Organisation must pay an Employee their normal wages for the first 3 weeks of Health and Safety Leave, after which time Health and Safety Benefit (which must be applied for through the Department of Social Protection) may be applicable, subject to the Employee satisfying certain qualifying criteria.
Night Work by Pregnant Employees
Night work in the context of the Safety, Health and Welfare at Work regulations is defined as a pregnant Employee working between the hours of 11pm and 6am, where they work either 3 hours within this period in the normal course, or at least 25% of their monthly hours are performed within this time frame.
Should the Employee be considered as a night worker, on production of a medical certificate from a registered medical practitioner which states that by working at night the Employee’s safety and/or health is compromised and that she should not be required to perform night work during pregnancy or for 14 weeks following childbirth, an Employer must:
- Transfer the Employee to daytime work; or if this is not possible or feasible,
- Grant the Employee leave or extend the period of maternity leave if applicable. The Employee may have entitlement to apply for Health and Safety Benefit.
It is important that Employers are aware of the provisions of the legislation, ensure that they put the appropriate policies and procedures in place to comply with the legislation and when required act in accordance with the requirements of the legislation so that the safety, health and welfare of the Employee and their unborn child is protected.
