Paid maternity suspension 




As soon as an employee informs the employer that she is pregnant, has recently given birth or is breastfeeding, then if her work gives rise to a risk to her health or that of her baby, the employer must conduct a maternity risk assessment (O’Neill v Buckinghamshire County Council [2010] IRLR 348). If a significant health and safety risk is identified for a new, expectant or breastfeeding mother beyond the normal level of risk found outside the workplace, the employer must take the following steps (regulation 16, Management of Health and Safety at Work Regulations 1999 (MHSWR):



• Step 1: temporarily adjust the woman’s working conditions or hours;



• Step 2: offer suitable alternative work if available, for the same pay, or if no suitable work is available:



• Step 3: suspend the woman from work on full pay for as long as needed to protect her health and safety or that of her baby. This is known as the woman’s statutory right to a “maternity suspension” and is available to employees from day one, and to agency workers with at least 12 weeks’ qualifying service (see Chapter 2, page 55).



Normal pay must be paid during a maternity suspension, unless the woman has unreasonably refused alternative work (sections 64-70, ERA 96).
Alternative work must be suitable and appropriate for the woman and on terms and conditions no less favourable than her original role.



A maternity suspension should only be implemented following full consultation with the employee, after considering with her what changes can be made to enable her to stay in post, based on the results of a proper health and safety risk assessment. Imposing changes without consultation, a proper risk assessment or evidence of a genuine risk to health and safety, is likely to amount to pregnancy discrimination (New Southern Railway Limited v Quinn [2006] IRLR 266). See Pregnancy discrimination, Chapter 7, page 214.