Supporting Pregnant Employees During COVID-19

Although employers have a duty to protect all employees, pregnant women have extra statutory protection to ensure that they are protected in the workplace. It is advisable that pregnant employees, where possible, work from home and avoid non-essential contact with others.

As the lockdown is easing employers should undertake risk assessments, including the extent to which it is possible to follow social distancing in the office, staying 2m away from others wherever possible, and minimising the use of public transport. As restrictions lift, pregnant women and anyone with underlying health conditions must still minimise contact with others, and employers must offer safe working conditions. This could include actions such as providing pregnant women with their own office space, or providing personal protective equipment. If employers are not able to offer safe working, then allowing pregnant employees to continue to work from home, or, if necessary, offering them suitable alternative employment on a temporary basis.

Vaccination

Regarding vaccination, there are many unknowns about the extent to which the virus can pass to a foetus during pregnancy, and to what extent a mother’s immune system may protect against COVID-19 before birth and when breastfeeding. Vaccines should be considered for pregnant women when their risk of exposure to the virus is high and cannot be avoided, or if the woman has underlying health conditions that place her at high risk of complications from COVID-19. All pregnant women should make their own decision as to whether they wish to have the vaccine, on the basis of whether the potential benefits outweigh any potential risks for the mother and baby. Although the vaccines do not contain ingredients that are known to be harmful to pregnant women or to a developing baby, there is an absence of data on the effects of the vaccine upon pregnant women. Women should discuss the benefits and risks of having the vaccine with their healthcare professional and reach a join decision based on individual circumstances.

As the effects of infection and the use of any vaccine in pregnancy remain under consideration, employers should take great care to protect both pregnant women who have previously been vaccinated and those who have not. The following points should be considered:

Pregnant employees: 

• Employers must take all precautions to protect pregnant staff from COVID-19, especially if they have underlying health conditions.
• Extra care must be taken to protect pregnant women who are older or previously overweight or with pre-existing conditions, such as diabetes, chronic high blood pressure as they are more likely to suffer severe health complications due to COVID-19.
• Pregnant women who have not yet been vaccinated (after discussions with a healthcare professional) can be vaccinated after the pregnancy is over, although there should be some discussion while breastfeeding too.

Employees who are breastfeeding or trying to conceive:

• It appears that women who are breastfeeding can also be given the vaccine.
• Employers should support women who think they may be pregnant or who are planning a pregnancy. However, employees should avoid getting pregnant until at least two months after the second dose. If an employee becomes pregnant after having had the first dose they should discuss the second dose with their health care professional.

Employers should keep checking current government guidance. 

Health and Safety

A pregnant employee has special protection in the workplace under Section 44 of the Employment Rights Act 1996. If a pregnant employee’s colleague has had COVID-19 symptoms, the pregnant woman may consider themselves in serious and imminent risk of danger to health and safety. In such situations, special protection against dismissal and detrimental treatment if the pregnant women wish to leave work to protect themselves. However, the protection requires a reasonable belief that here was a serious and imminent risk based on the circumstances, action taken, and advice given about the risks.

Clinically Vulnerable and Extremely Vulnerable

Most pregnant women fall into the ‘clinically vulnerable’ category who are advised to take particular care, but not to shield. Only some pregnant employees are classed as clinically extremely vulnerable to coronavirus, such as pregnant women with significant heart disease, and these women are advised to shield.

Maternity Leave

Employees who are pregnant during the crisis can start maternity leave as usual. If the workers planning to take some form of statutory parental leave were furloughed, their statutory payments are based on their usual earnings, not the furlough pay. Being on furlough does not impact eligibility for, or the amount of, statutory maternity, adoption, paternity, or shared parental pay. Pregnant women who are not furloughed and are shielding can get Statutory Sick Pay (SSP).