Pregnancy and sick pay

A woman who is absent from work when pregnant due to a pregnancy-related illness has the same contractual sick pay rights as any other employee. She is not entitled to better sick pay rights (for example full pay) even though her illness is pregnancy-related, unless her contract says so (North Western Health Board v McKenna [2005] IRLR 895).

Employees who are off work with a pregnancy-related illness during the four weeks before the maternity leave start date can be required by their employer to start their maternity leave early (see Chapter 9, page 327).

Employees who fall ill during maternity, adoption or shared parental leave cannot claim sick pay while on leave.

See also Chapter 7: Direct pregnancy and maternity discrimination; and Chapter 9: Rights to time off for working parents and carers.

In addition, remember that pregnant and breastfeeding women have a statutory right to a full pay maternity suspension if a risk assessment has established risks to her health and safety or that of her unborn or newborn baby that cannot reasonably be avoided, for example by working from home. This has been a particularly important right during the coronavirus pandemic, given the advice of Public Health England for pregnant women to limit face to face contact, work from home if possible and avoid public transport where possible.