Maternity suspension pay
[ch 7: pages 66-67]The employer is required by health and safety law to carry out a risk assessment as soon as they are made aware an employee is pregnant. If there is a risk that cannot be avoided, the employer must take steps to remove the risk or offer suitable alternative work (with no less favourable terms and conditions). If no suitable alternative work is available, the employer must suspend the expectant mother on full pay for as long as necessary to protect her health and safety or that of her baby.
The entitlement to full pay applies to employees and to agency workers who have met the 12-week qualifying period for equal treatment in relation to pay and for improved pregnancy rights (Management of Health and Safety at Work (Amendment) Regulations 1999, and sections 64-70 ERA 96).