A new baby is a source of joy, but for employers, pregnant employees do add some extra responsibilities in a workplace context – and also for the expectant or new mother too! Here’s our guide to help you meet them...
First of all, the employee has a duty and responsibility to notify the organisation in writing that she’s pregnant, and employers are entitled to request written medical proof of the pregnancy from their GP or midwife. Once notified that an employee is pregnant or breastfeeding, there are certain steps an employer must take.
At the beginning, an employer must complete an NEM assessment, in order to determine any and all hazards that the person in question might be exposed to. This should be reviewed at each trimester.
This risk assessment should also factor in:
- How often the exposure may occur
- For how long the exposure may occur
Identifying the hazards
The NEM assessment checklist provided by Peninsula is a quick and easy way to identify the hazards and existing control measures in place that could harm the mother and her baby.
It takes into account physical, biological and chemical hazards including:
- Exposure to manual handling
- Passive smoking
- Occupational stress
- Extremes of temperature
- Shocks
- Vibration
- Electrical and magnetic fields
- Noise
- Radiation
- Biological agents
- Chemicals
- Gas
The assessment should be considered by both the pregnant employee and the employer, ultimately aiding in preparing the risk assessment.
Controlling risks
Where a risk to a pregnant employee, the foetus, or the mother and child in the case of a pregnancy that has come to term is identified, then every action possible should be taken to remove the risk.
If the risk can’t be removed completely, look to reduce it by adjusting hours, working conditions or explore the option for them to be assigned alternative, risk-free work.
A private room should be provided where women can breastfeed or express milk, and secure, clean refrigerators should be provided for the storage of expressed milk.
In addition, facilities for washing and sterilising the storage receptacles should also be provided. Needs concerning the frequency, timing and duration of rest, meal and refreshment breaks should be discussed with the individual concerned and reviewed regularly, particularly during pregnancy.
If there any concerns or uncertainties that cannot be resolved between the employer and the employee, they should seek medical advice.
Health and safety benefit
In the case that an employer is unable to remove the risk to health while an employee is pregnant or breastfeeding - or assign alternative ‘risk-free’ duties - the employee may qualify for Health and Safety Benefit.
During this period the employer pays the employee’s normal wage for the first 21 days of leave and the Department of Employment and Social Protection pays the remainder of the Health and Safety Benefit. The right to Health and Safety Leave is set out under section 18 of the
Maternity Protection Act 1994.
If you have any questions in relation to pregnant employees or new mothers in the workplace, please contact our expert employment law advisors on the 24 Hour Advice Service on 0818 923 923
References
Maternity Protection Act, 1994 –
https://bit.ly/2HhzgW0
