LRD guides and handbook May 2015

Law at Work 2015

Chapter 8

Rights to time off for ante-natal care

[ch 8: page 226]

All pregnant employees, as well as agency workers with 12 weeks’ of service doing the same kind of job for the same hirer, are entitled to paid time off for antenatal appointments.

The appointment must have been made on the advice of a registered medical practitioner, midwife or nurse and except for the first appointment, the woman can be asked to provide a copy of a certificate showing she is pregnant and written proof of the appointment. Antenatal care can include medical examinations, midwife appointments, antenatal classes, relaxation and parent craft 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 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.

Relevant law: for employees: ERA 96 sections 56-58; for agency workers: ERA 96 sections 57ZA — 57ZD.