Sick pay and IVF treatment and/or pregnancy




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 (North Western Health Board v McKenna [2005] IRLR 895). So is a woman who feels unwell as a result of undergoing IVF treatment. The fact that a woman’s illness is linked to pregnancy or IVF does not entitle her to full-pay sick pay, or 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 293).



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




See also page 214, Chapter 7: Discrimination and Chapter 9: Rights to time off for working parents and carers.