Pregnancy, IVF and sick pay 



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 who are off work with a pregnancy-related illness during the four weeks before the maternity leave is due to start can be required to start their maternity leave early (see Chapter 9, page 320).


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



See also page 225 of Chapter 7: Discrimination and Chapter 9: Rights to time off for working parents and carers.