LRD guides and handbook May 2019

Law at Work 2019 - the trade union guide to employment law

Chapter 8

Pregnancy and sick pay 





[ch 8: pages 286-287]

A woman absent from work when pregnant due to a pregnancy-related illness is entitled to the same contractual sick pay as any other employee, not better sick pay (North Western Health Board v McKenna [2005] IRLR 895). The fact that her illness is linked to pregnancy does not entitle her to full-pay sick pay, or to other improved sick pay rights, unless her contract expressly allows this.





Employees 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 307).




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





See also page 225, Direct pregnancy and maternity discrimination; and Chapter 9: Rights to time off for working parents and carers.