Law Guide

Antenatal rights

Contents

All pregnant employees have rights which cover the period after birth, known as ‘antenatal rights’. Antenatal rights include the right to paid time off to attend antenatal care appointments. Antenatal care covers not only medical examinations but also, for example, relaxation classes and parent craft classes.

However, the right to time off only applies if the appointment is advised by a midwife, health visitor or registered medical practitioner.

Evidence of appointment

An employer is entitled to ask for evidence of antenatal appointments - except in the case of the very first appointment.

If your employer requests it, you must show the following:

  • Written documentation from a registered medical practitioner, a midwife or a health visitor confirming that you are pregnant
  • An appointment card or some other document showing that an appointment has been made for you
You are entitled to be paid your normal hourly rate during the period of time off for antenatal care.

Protection from dismissal/discrimination

If your employer:

  • dismisses you or treats you unfairly because you have tried to exercise your right to time off for antenatal care;
  • unreasonably refuses you time off for antenatal care; or
  • refuses to pay you your normal rate of pay during such time off
then you may bring a claim for unlawful discrimination and/or unfair dismissal to a tribunal.

For more information, see our ‘Unfair dismissal’ section.