We’ve been asked on WhatsApp about confusion around the current guidance on going into work during pregnancy—and whether it has changed, particularly after 28 weeks.
The Royal College of Obstetricians and Gynaecologists (RCOG) says that if you’re pregnant, you’re at the highest risk of becoming severely unwell from Covid-19 after 28 weeks.
With more people who may have been working from home earlier in the pandemic now going into work, we’ve taken a look at the guidance to try and give you a sense of what if anything has changed.
In short, the government has not said that pregnant employees should not go into work. The guidance on going into work remains the same for both vaccinated and unvaccinated pregnant employees.
However, pregnant employees are advised to take a “precautionary approach” after 28 weeks, although we have been told there is no legal definition of this term.
The guidance before 28 weeks
The government has published advice for pregnant employees (irrespective of vaccination status).
The guidance states that employees who are less than 28 weeks pregnant should have a workplace risk assessment with their employer and occupational health team and then only continue to work if that assessment says it is safe to do so. The guidance says any risks identified should be removed or managed and any active national guidance on social distancing adhered to. If this can’t be done, you should be offered suitable alternative work or working arrangements, such as working from home, or be suspended on your normal pay.
The RCOG says that its guidance on Covid-19 in pregnancy should be used as the basis for a risk assessment. It says the most relevant sections are 1.5 to 1.7.
It also says changes necessary to ensure safety at work depend on an individual’s health and their job and that risk assessments will “differ by country, region and between employment sectors”.
Although not designed specifically for pregnant employees, this government guidance on working safely includes advice for most major industries on what to expect from a risk assessment.
The guidance beyond 28 weeks
Some readers told us they’d heard about previous guidance stating that after 28 weeks of pregnancy employees should stop going into work, effectively shielding.
However, as the RCOG states, this has actually never been specifically advised unless you have an underlying health condition that would put you at additional risk.
The RCOG says: “Anecdotally, some employers have treated pregnant women at or beyond 28 weeks gestation in the same way as people who are shielding, but this was not part of the official occupational health advice from the government.”
Current government guidance for pregnant employees who are beyond 28 weeks advises a more “precautionary approach” as “although you are at no more risk of contracting the virus than any other non-pregnant person who is in similar health, you have an increased risk of becoming severely ill and of pre-term birth if you contract Covid-19”.
We asked the Department for Health and Social Care and the Department for Business, Energy and Industrial Strategy to explain what a “precautionary approach” means in practice—and what if any additional rights it means you have as an employee—but have yet to receive an answer addressing that point.
Danielle Ayres, an employment law partner at Gorvins Solicitors and legal advisor for Pregnant Then Screwed, told us there is no legal definition of what a “precautionary approach” means in practice.
She added: “As far as the law is concerned “pregnant” employees are not defined by their weeks of gestation. Even during the pandemic I was giving advice to pregnant employees, under and over 28 weeks, saying there was no difference in terms of their rights.”
While the risk assessment process may determine a pregnant employee should be suspended for medical reasons on full pay, employers must follow a number of steps before taking this action. A full list of these steps, which may include providing an offer of alternative work on normal terms and conditions or adjusting working conditions or hours, can be found in the government’s guidance on medical suspension from work.
The Health and Safety Executive says: “It is unlawful to dismiss or discriminate against an employee because they are a new or expectant mother.”
The information included in this article contains the latest evidence and official guidance available at the time it was written. This is not a substitute for medical advice. If you require specific medical advice please consult your GP or midwife.
