Under the Sex Discrimination (NI) Order 1976, pregnant employees have specific legal rights which regulate their relationship with their employers.

It is unlawful pregnancy discrimination to treat an employee less favourably:

• On the grounds that she is pregnant;
• For a reason relating to her pregnancy; or
• Because of pregnancy-related illness.

The Northern Ireland Equality Commission has published useful guidance for employers when dealing with pregnancy and maternity-related absences. Employers must ensure that when they are dealing with pregnancy-related absences that their actions do not cause unlawful discrimination. Practically, employers should ensure that their absence management or sickness policy differentiates pregnancy-related sickness from other types of sickness absence.

Pregnancy related sickness absences should not be counted as part of the employee’s total sickness record. During pregnancy-related sickness absences, employees should receive the same remuneration as other employees off on sick leave and should not experience any differential treatment.

Further, pregnant employees have a statutory right under article 83 of the Employment Rights (Northern Ireland) Order 1996 to take reasonable time off to attend ante-natal appointments. This time off should not be recorded as an absence and should be paid. However, employers should be aware that if a pregnant employee is absent due to pregnancy-related illness during the four week period prior to the expected week of childbirth, her maternity leave will begin automatically on the first day after the beginning of her absence.

Employers should also be willing to make reasonable adjustments for pregnant employees, where appropriate. For example, if an employee has morning sickness and is not well enough to work at certain times of the day, an employer could consider a temporary adjustment to her working pattern or permit working from home in the mornings.