5. Time off for antenatal and adoption appointments

[ch 5: page 55]

There is an entitlement to paid time off for antenatal appointments for:

• all pregnant employees, regardless of how long they have worked for their employer; and

• all agency workers with 12 weeks’ service doing the same kind of job for the same hirer.

The appointment must have been made on the advice of a registered medical practitioner, midwife or nurse. Except for the first appointment, the employer is entitled to ask to see a copy of a medical certificate showing that the woman is pregnant, and written proof of the appointment. Antenatal care can include medical examinations, midwife appointments and antenatal, relaxation and parentcraft classes.

The amount of time off must be reasonable and should include travel time there and back, waiting time and time spent at the appointment or class. This should all be paid leave, using the normal hourly rate of pay.

The woman cannot be required to make up any time she has missed at some other time, or to use annual leave to cover the time off. An employer must not unreasonably refuse to allow a pregnant worker the time off (sections 56-58, Employment Rights Act 1996 (ERA 96), or for agency workers, sections 57ZA-57ZD, ERA 96).