From 1 October 2014, the right for pregnant employees to take time off to attend antenatal appointments, was extended to allow qualifying employees and agency workers to take unpaid time off to accompany their pregnant partner to such appointments. The entitlement is for either one or two appointments (the choice being that of the employee) and is for a maximum of 6.5 hours per visit.
Who qualifies for this right?
The right applies irrespective of service but the employee or agency worker must have a “qualifying relationship” with the pregnant woman or her expected child.
The employee or agency worker will have a qualifying relationship if they meet at least one of the following criteria:
- They are the husband or civil partner of the pregnant woman
- They live with the woman in an enduring family relationship and are not a relative of the woman
- They are the expected child’s father
- They are one of a same- sex couple who is to be treated as the child’s other parent under the Human Fertilisation and Embryology Act 2008 (HFEA)
- They are the potential applicant for a parent order under (HFEA) in relation to a child who is expected to be born to a surrogate mother
Arranging time off
An employer can require an employee to comply with certain formalities in order to take time off. The employer can require the employee to provide a document demonstrating the following:
- That the employee is in a qualifying relationship with the pregnant woman or expected child
- That the reason for the time off is to accompany a pregnant woman to an antenatal appointment
- That a registered doctor, registered midwife or registered nurse had advised that the appointment be made
- The date and time of the appointment
The right to time off is unpaid.
Remedy where time off is refused
An employee who has been unreasonably refused time off may bring an employment tribunal claim within three months beginning with the day of the appointment. If successful, the compensation payable is twice the hourly rate for the period of time that the employee was absent, or would have been absent.
Protection from detriment and dismissal
Employees are protected from any detriment or dismissal for taking time off to accompany a pregnant woman to an ante-natal appointment.
Note that these are the statutory minimum rights that an employer must provide in these circumstances. Am employer may of course make more generous arrangements at its discretion (for example, time off with pay, or unpaid time off to attend more than two appointments).