Pregnancy at work

Employees' right to paid time off for antenatal care

All pregnant employees have the right to paid time off to attend antenatal care appointments. Antenatal care covers not only medical examinations but also, for example, relaxation classes and parentcraft classes.

However, the right to time off only applies if the appointment is advised by a midwife, health visitor or registered medical practitioner (eg a doctor).

Therefore, you are entitled to ask for evidence of antenatal appointments - except in the case of the very first appointment.

You can request that the employee shows you:

written documentation from a registered medical practitioner, a midwife or a health visitor confirming that she is pregnant
an appointment card or some other document showing that an appointment has been made

Payment during time off

You must pay the employee her normal hourly rate during the period of time off for antenatal care.

Calculate the rate by dividing the amount of a week's pay by the number of the employee's normal working hours in a week. The normal working hours will usually be set out in her contract of employment.

If her weekly working hours vary, you should average them over the previous 12 complete working weeks. If the employee has yet to complete 12 weeks' service, estimate the average in light of:

what could be reasonably expected from her contract of employment
the work pattern of any fellow employees in comparable jobs

Overtime is counted only if it is required and part of the normal working pattern.

Find out how to calculate a week's pay on the Directgov website - Opens in a new window.

Complaints relating to time off for antenatal care

A pregnant employee could bring an unlawful discrimination and/or unfair dismissal claim to a tribunal if you:

dismiss her or treat her unfairly because she tried to exercise her right to time off for antenatal care
unreasonably refuse her time off for antenatal care
deny her normal rate of pay during such time off

A pregnant employee can bring a claim regardless of whether or not:

she actually has the right to paid time off for antenatal care
that right has actually been infringed

All she has to have done is act in good faith in seeking to assert the right.

See the page in this guide on pregnant workers, and dismissal and discrimination.

Fathers-to-be and time off for antenatal appointments

Fathers - and same-sex partners - do not have the legal right to time off to accompany pregnant employees to antenatal appointments. However, you can permit them this time off anyway - which can be paid or unpaid.

Alternatively, you could:

allow fathers to take time off and make up the time later
suggest they take paid annual leave

Download guidance on fathers-to-be and time off for antenatal appointments from the Department for Business, Innovation & Skills (BIS) website (PDF, 274K) - Opens in a new window.

Subjects covered in this guide

Introduction
Ensuring the health and safety of pregnant workers
Employees' right to paid time off for antenatal care
Pregnant workers, and dismissal and discrimination

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	Employment & skills
	Maternity, paternity and adoption
		Pregnancy at work

		Introduction
		Ensuring the health and safety of pregnant workers
		Employees' right to paid time off for antenatal care
		Pregnant workers, and dismissal and discrimination