Sick Leave Due to Pregnancy

Pregnant members of your workforce are more likely to have higher levels of sickness absence. Though not all sickness reported from someone who is pregnant has symptoms necessarily related to their pregnancy. Organisations must make reasonable adjustments for pregnant members of the workforce and know legalities behind what the individual is entitled to.

This guide will consider pregnancy-related sick leave from an organisation's perspective, as well as advice for individuals navigating sick leave whilst pregnant. We’ll also look at common reasons for sick leave during pregnancy, making reasonable adjustments and pregnancy leave sick pay.

What is a pregnancy-related illness?

Any illness that is attributed to or caused by being pregnant classes as a pregnancy-related illness. If you or the employee is unsure whether this is the case, then they’ll need to seek professional advice from their GP.

Reasons for sick leave during pregnancy

What are the reasons for sick leave while pregnant? There are several reasons an individual might need to take time off work sick whilst pregnant.

• Vomiting or morning sickness

• Backache

• Tiredness

• Stomach pains

• Bleeding

• Headaches

• Fainting

It’s worth noting that individuals may experience illness, poor mental health or injuries unrelated to their pregnancy, and it’s important that this is recorded for legal reasons (more on this below). In general, individuals should report pregnancy-related sickness absences like any regular sickness absences. Members of senior leadership can ask individuals to provide a doctor’s note confirming that the absence is pregnancy related.

Sick leave when pregnant – what are the employee’s rights?

An individual has the same rights as anyone else reporting a sickness-related absence, though this excludes the last four weeks of pregnancy. If an individual is unwell, they must follow the organisations sickness reporting procedure laid out in the organisation’s handbook.

Individuals must also be informed of recording any pregnancy-related sickness absence separately from other types of sick leave. This is so their pregnancy-related sickness is not used against them – for example, for a disciplinary, redundancy or any kind of dismissal. It’s unlawful to discriminate against employees because they take more time off on sick leave during pregnancy. By following this procedure, you can mitigate any form of tribunal or legal action taken against you by the individual.

Pregnancy related sickness absence

According to ACAS – if an individual reports a pregnancy related illness, their maternity leave and pay will start after the first day they are off, if this falls within the four weeks of their due date. It’s at your discretion if you and the individual agree to delay this. If however, the sickness is not pregnancy-related, then your organisation’s absence policy still stands.

Contractual sick pay and SSP for pregnancy sick leave

If you offer your people contractual sick pay, this must be paid to the individual with pregnancy-related sickness. However, if they have run out of contractual sick pay, they may qualify for statutory sick pay (SSP). This is currently set at £118.75 per week (correct as of April 2025 – April 2026). The individual will not receive SSP for the first three qualifying days. If they take more sick leave in the next eight weeks, they will not have to wait for the three qualifying days.

Recording pregnancy-related sickness

Workplaces might have different rules and reporting systems for workforce absence. For example, when your people reach a certain number of absences, they may trigger a written or formal warning.

Individuals who need to take time off sick when pregnant should not be subject to these same conditions.

Reporting sickness in the later stages of pregnancy

If individuals take pregnancy-related sick leave in the four weeks leading up to their due date, then their maternity leave will start immediately.

You would then need to start paying the individual maternity pay from this date. In some cases, the organisation and individual can agree to delay the beginning of maternity leave.

Your people have the right to decide when they wish to commence maternity leave. However, if they are off sick with a pregnancy-related sickness in the last four weeks before their due date, then you can start their maternity leave.

How to mitigate pregnancy-related sickness as an employer

Individuals experience pregnancy symptoms in varying degrees, and obviously, there is only so much organisations can do to help their people manage. When you are informed an individual is pregnant, carrying out a risk assessment for the pregnant individual is a good place to start. This can help you determine what the individual needs and how you can best accommodate them.

For examples, if symptoms are particularly severe for the individual, you may want to put them on a flexible working schedule that accommodates hybrid or remote working for a time until they feel they can manage.

Sick leave for miscarriage, stillbirth and neonatal death

If an individual reports their baby is stillborn after the end of the 24th week of pregnancy, then they will be entitled to maternity leave, and any maternity pay that they may be qualified for.

Sadly, individuals cannot qualify for maternity leave or pay if they have a miscarriage. In these instances, the situation must be approached with care and caution. If appropriate and agreed upon by the individual, it’s recommended to give them time off to grieve – whether through compassionate leave, annual leave or even unpaid leave if necessary.

Rights for the employee

Discrimination for pregnancy and/or pregnancy-related sickness is protected under The Equality Act 20210 for wo weeks, from the end of a pregnancy for individuals not entitled to maternity leave.

This means the indivdiaul is protected against unfair treatment, dismissal, redundancy and dismissal related to their pregnancy, miscarriage or pregnancy-related sick leave.

How an Employee Assistance Programme can help

Our Employee Assistance Programme (EAP) provides guidance and supports your people during pregnancy. Our qualified counsellors can support them with their mental health in the workplace and in life, as well as provide solution-focused advice if their mental health is suffering due to the strain it has on their emotional wellbeing. They can also support individuals' post-pregnancy, particularly those who may experience postpartum depression.

Conclusion

To accommodate sick leave during pregnancy, you need to ascertain whether the sickness reported is pregnancy related or not. This can determine when maternity leave is triggered, or if your standard sickness policy applies. It’s important to check-in with the individual to understand the reasoning behind their reported sickness so that you’re abiding my employment laws.