Pregnant in practice? -Rights and Obligation of Pregnant Workers

With the much documented and well recognised feminisation of the veterinary profession, the numbers of veterinary practitioners and veterinary nurses seeking information about their rights and responsibilities during and after pregnancy are increasing. This chapter guides potential mothers and their employers through Irish and EU regulations governing maternity rights including issues such as maternity leave, health and safety in the workplace and other statutory protections. 

Entitlement to Maternity Leave  

Under the Maternity Protection Acts 1994–2004, maternity leave is considered a protected leave. These laws award pregnant workers, post-natal and breastfeeding mothers specific protections for themselves and their babies during this time. The principle that governs maternity leave in Ireland is that a woman on maternity leave must be treated as though she is still working. Her terms and conditions of employment, including annual leave and public holiday pay, any additional benefits, training and promotional opportunities, etc., must be awarded as though she was still at work. The only thing that she is not necessarily entitled to is her remuneration. This is entirely dependent on her employment contract. All women who have made appropriate PRSI contributions will be entitled to the statutory maternity leave pay. In the public service, for example, a woman will be paid a surplus by her employer which equates to her normal salary. For veterinary employees this needs to be negotiated at the employment contract stage. There is no obligation on the employer to pay an employee while on maternity leave, so the reality is many private sector employees must subsist on the State Benefit while on leave. In Ireland woman are entitled to a statutory 26 weeks’ maternity leave with the option of an additional 16 weeks’ unpaid leave immediately following. A minimum of two weeks of this must be taken before the due date, and a minimum of four weeks after the due date. This applies to all employees including casual workers, irrespective of how long the woman has been in her current employment. If a woman is on a fixed-term contract and the contract ends during the maternity leave, then the contract ends on that date. The contract is not put on hold until after the maternity leave. This does not, however, affect her entitlement to 26 weeks’ maternity benefit.  

Statutory Maternity Rights 

Under the Maternity Protection Acts a woman is allowed to take a reasonable amount of paid time off work to attend antenatal classes. This includes time required to travel. The employer is entitled to ask to see the employee’s appointment card. There is no minimum or maximum number of hours set in law, but it must be agreed with her employer and will be dependent on medical certification of the pregnancy. In the event that a woman suffers from a pregnancy related illness during or after her pregnancy, recent ECJ rulings have clarified that these illnesses will be treated the same as any other illnesses. This is in line with the EU’s antidiscrimination policy on the grounds of sex. In this case a woman with conditions such as hyperemesis, hypertension, etc. can take her standard sick leave dependant on her contract. If her illness develops or continues into her unpaid maternity leave then she has the right to ask her employer to terminate her unpaid maternity leave and return to work (sick leave), but there is no obligation in law on the employer to agree to this. Rest rooms should be provided for pregnant employees: Under the Safety, Health and Welfare at Work (General Application) Regulations 2007 (SI No 2007/299), “an employer shall ensure that pregnant, postnatal and breastfeeding employees are able to lie down to rest in appropriate conditions”.   

The Maternity Protection (Amendment) Act 2004 obliges employers to make allowances for mothers who choose to breastfeed when they return to work. The general entitlement is either in the form of time off or a reduction in her working hours. These entitlements have limited practicality as they are effective only up to 26 weeks after birth and in general this coincides with a woman’s return to the workplace. If a mother returns to the workforce before this, she is allowed to take a breastfeeding break for one hour of the day (either as one hour or multiple smaller breaks) without loss of pay. It is worth noting that if this breastfeeding break is to occur in the workplace then appropriate facilities should be provided, but the employer is only obliged to provide these facilities at a nominal cost.  

The Safety, Health and Welfare at Work (General Application) Regulation 2007 provides that an employee is not required to perform night work (defined as between 11pm and 6am) during pregnancy or for 14 weeks following the baby’s birth if a medical practitioner certifies that it is necessary for the safety or health of the employee. The employer has the right to offer the employee suitable alternative work during the day provided that this is within the confines of the Organisation of Working Time Act 1997. Given the nature of on-call work in veterinary practice, this may have practical implications for some employers.  

It is provided for that when a new mother wishes to return to the workforce following a period of maternity leave that she is entitled to be treated as though she was not absent from work. This means that she can have an expectation to return to work for the same employer and to the same job with the same terms and conditions. If the business has changed hands she should be entitled to return to work for the new employer and should expect the same terms. The job she returns to should also include any improved terms and conditions which she would have received had she not been on maternity leave. If it is not possible for the employer to offer the same job, then she must be offered suitable alternative work, the terms and conditions of which are not less favourable. Continuity of service is also preserved.  

Disclosure of a Pregnancy to an Employer 

A commonly asked question by a pregnant employee is whether she is obliged by law to tell her employer that she is pregnant. The short answer is ‘no’. Legally, a pregnant woman is obliged to give her employer four weeks’ notice that she is going to take maternity leave, and she is obliged to take leave at least two weeks before the expected birth date. At least four weeks must be taken after the birth. There are advantages and disadvantages to disclosing a pregnancy in the workplace. These should be considered separately in the veterinary setting.  

In certain industries, in particular the retail and wholesale industries, discrimination in the form of unfair or unequal treatment, unfair dismissal and unfair redundancies of pregnant employees is on the increase. Pregnant employees enjoy significant statutory protections in Ireland, in particular in the form of the Employment Equality Acts 1998–2015 and the Unfair Dismissals Acts 1977–2015. It is illegal to dismiss a pregnant employee on the grounds of pregnancy alone and any attempt to do so will be void, irrespective of whether she has achieved one year’s service with that employer. It is also illegal to discriminate against a woman on account of her pregnancy. Examples of discrimination have included harassment or negative comments from their colleagues, pressure to take early leave or hand in notice, receiving fewer opportunities at work or feeling less valued. A national study undertaken by the Economic and Social Research Institute (ESRI) published in 2011 found that 30 percent of women who worked during pregnancy experienced discrimination. There are of course reasons why a pregnant woman can be fairly dismissed such as gross misconduct or persistent poor performance. These should be documented and the disciplinary procedure in the practice should be made known to employees and strictly adhered to, including appropriate warnings.  

When it comes to veterinary practice in particular, the advantages of disclosing a pregnancy to an employer far outweigh the disadvantages. Once the employer becomes aware of an employee’s pregnancy they are obliged under health and safety law to perform a risk assessment for that employee. The Health and Safety Authority (HSA) encourages veterinary workers to disclose their pregnancy as soon as possible given the particular risks faced by vets and veterinary nurses every day in practice, whether in small animal hospitals or on farms. The HSA is best placed to advise employers on the most effective way to manage the health and safety of their pregnant employees, and each risk assessment should be specific for that employee. Once particular risks in the workplace have been identified, efforts should be made to avoid exposing the pregnant employee to them. If it is not possible to reduce a risk to an acceptable level, or remove the employee from the risky situation, then the employee has a right to 21 days paid health and safety leave. This leave is paid by the employer and the 21 days do not need to be taken consecutively. If additional health and safety leave is required, it is paid at the statutory maternity benefit rate. It is important to bear in mind that while the employer has a duty of care to their pregnant employee, the employee also has a duty of care to her employer and colleagues/clients to work to a high standard in her job and to not put them or her patients at any unnecessary risk.  

Specific hazards in veterinary practice are well documented. It is well recognised that exposure to radiation during gestation can lead to an increased risk of leukaemia and other cancers later in life. Exposure during pregnancy has also been associated with miscarriage, birth defects, and low birth weight in babies. Pregnant women should avoid exposure to radiation if possible, but if a pregnant employee must participate in x-ray or nuclear diagnostics/medicine, she should take all precautions to reduce foetal exposure. Specifically, the Radiological Protection Institute of Ireland’s Code of Practice for Radiation Protection in Veterinary Medicine states that for pregnant staff, the radiation monitoring badge should be worn over the abdomen and should be changed fortnightly during the eight to 15-week period of pregnancy and monthly for the remainder of the pregnancy. It also states that a pregnant woman shall not manually hold animals during radiography. 

Pregnancy causes immunosuppression and pregnant women should take precautions to avoid exposure to all infectious agents, in particular Toxoplasma gondii given its embryo toxic effects. In general, pregnant women should apply heightened biosecurity where infectious agents are present. Prolonged standing and heavy lifting should be avoided during pregnancy because of hormonally induced weakening of bones and ligaments at this time. Tasks easily carried out before pregnancy, like lifting dogs, may now result in injuries during pregnancy. Extra care should be taken to check and monitor scavenging where gaseous anaesthesia is being used. Chronic exposure to low levels of halogenated anaesthetic gases is associated with reproductive disorders. Pregnant employees should avoid handling several categories of drugs. Of particular concern are chemotherapy drugs, immunosuppressant medications such as azathioprine and cyclophosphamide, while prostaglandins and oxytocin can be abortifacients. In general, pregnant women should take extra precautions with all chemicals in the workplace. In addition, the HSA has specific information available for vets and veterinary nurses working with large animals in an on-farm setting, specifically regarding the need for safe facilities and personal protective equipment.