Pregnancy related absence?

[foodluva]

Hi,

Can anyone confirm if miscarriage is considered pregnancy related absence and therefore cannot be counted against me? I work for the NHS and my boss wants me to attand an HR meeting because I've been absent for 2 weeks following a miscarriage. I'm sure she can't do this and I've told her so.

Thanks in advance!

Foodie x

[foodluva]

Will do! But I'm sure having an understanding boss shouldn't come down to it! I'm positive that legally I can't be disciplined! Anyone know the legal stance on this?

[LoftyLottie]

I think you are correct. I presume you are on certificated sick leave. You have not been off work for a long period when you might be required to attend a meeting to discuss your absence - it is only two weeks, and this is can be perfectly normal following a miscarriage. Miscarriages vary. I was off work for two months following a miscarriage.

[ubasses]

Do not worry unduly, both the large Companies me & my OH worked for had this policy. OH had very understanding boss who went through the motions (he had been rushed into hospital but had very good sickness record otherwise). I was an understanding boss and would interview accordingly. These things are put in place to deter the people who decide to throw sickies and general malingerers. But of course the boss cannot discriminate when it comes to carrying out the rules. You will probably find her sympathetic and keen to get the paperwork out of the way. You have a genuine reason for your absence. Good luck.

[tonywiltshire]

I do hope your immediate superior treats you with the care, tact and understanding, which you deserve.
A miscarriage is a child born dead before 24 weeks of pregnancy.
A stillbirth is a child born dead after 24 weeks of pregnancy.

I am sorry to put it in these cold unemotional terms.

With a miscarriage you not be entitled to pregnancy leave or payments, but any time off caused through pregnancy or miscarriage should not be treated in such away as to be used to your detriment and most certainly should not be used for redundancy.

I am sure the NHS will be aware of this and treat you with the compassion you deserve.

[LoftyLottie]

Just out of curiousity - I was quite ill after my miscarriage and was signed off sick. I must admit this was many years ago when a certificate from a doctor gave you the security of knowing that your employers had to respect your sickness until it got to a long term situation. If you are off sick now, whether due to miscarriage or anything else, would you still be expected to attend an HR meeting after only a couple of weeks if you were actually ill. Surely this is not acceptable?

[foodluva]

Thanks to everyone for their replies. I have only been off work for 12 days and have officially resumed today. When I called my boss to advise, she said she was sorry and that she was horrified at having to do it, but that I would have to progress to an HR disciplinary meeting because my absence had exceeded 8 days (as is the NHS Glasgow policy). I told her that I was sure she couldn't do this as miscarriage is regarded as pregnancy related and therefore could not be counted against me. To be fair she said she hadn't checked but that I was probably correct. I'm trying to get hold of my HR dept to confirm I am right but so far I've been unable to get hold of the right person. The Equality Act 2010 says I am right. Tony, thanks for your reply but I can assure you that the NHS are not that caring when it comes to their employees. I have an excellent attendance record and yet they would not think twice about hauling me across the coals if that were to change.In my place of work there is no discretion shown. Everyone goes down the same sickness/absence route regardless of the reason for absence (although pregnancy is different). I have seen a colleague with cancer being treated abysmally!!

Anyway, thank to everyone's replies and I'm sorry for the rant. I'm just so annoyed at my boss for stressing me out even more by not checking her facts!

Dxx

[foodluva]

Lofty, any absence exceeding 8 days in NHS Glasgow means a referral to HR regardless of the reason. My 12 days absence was covered by a sick line and is pregnancy related so I shouldn't be going down this route. I am sure my boss will do her homework and agree with me. She was mortified about it and said she didn't want to put me through it but had to stick to the rules.

[ubasses]

Yes Lottie I am afraid this is the way big organiations have been going for a long time now, and I hear more and more of it from friends who still work. As I said a good boss should know who the 'lead swingers' are and for those who are genuinely ill show sympathy. It should not just be seen as a disciplinary but they should also be looking for staff who need help and maybe rehabilitation programmes on returning to the workplace after longer illnesses. I am pleased to say that on one occassion I received praise from our Occupational Health for the way I Managed one of my staff and thanks from the employee who said her consultant was so pleased with the way it had been handled, as he felt it had helped her greatly

[LoftyLottie]

OMG Disciplinary? That is dreadful. If a meeting is to just discuss your illness then fine, but a disciplinary. So if you are off for a couple of weeks (which my son has been recently because of a nasty, nasty bug followed by ear infections and deafness) you could be disciplined by people who are not in the medical profession. Glad he works for a small company with a brilliant boss!!

Glad I am retired!!!

[foodluva]

I can only dream of retirement just now!!! And I'm only 40!!! Lol x

[LoftyLottie]

:o)

I like it. I got fed up with the world of work - it has changed a lot since I first went to work. Things were better years ago. HR is a total nightmare. I used to work in Personnel which was all about helping people - nowadays people don't really matter regardless of what people in HR tell you.

[bednobs]

if you haven't gone far enough to qualify for maternity benefits (begining of the 25th week), your absence is treated as sick leave. If it's your works policy to refer anyone who is off on sick leave this long to attend an HR meeting, then they have NOT done anything wrong - they are just following their policy

[cathfromsaron]

sorry to hear that!

sounds grim! did you get a GP cert, after the self cert period?

cath x

[Cathselmes]

I worked for a London bank and was retired early and spent the last 9 years working for the NHS.
My NHS GP stated I would have to go into hosptal. I had lifetime BUPA cover as a bank pensioner and decided to go privately.
There was no dispute the operation was necessary and the consultant who did the operation worked in the same hospital as me but she did private operations at the BUPA Hospital.
I was interviewed by HR as I was off work for 5 weeks and it would have been the same time if I had the operation on the NHS.
HR tried to say I would either have to take annual leave or have the time off unpaid as I went private.
After many hours of wasted time HR decided to pay me in the end.

Cath

[foodluva]

Bednobs you are right that it should be treated as sick leave but under the umbrella of 'pregnancy related sickness' which is treated differently!! I accept that I will have a return to work interview with my immediate boss as happens in all absences but legally pregnancy related sickness must not be used against you in a detrimental way. In NHS Glasgow pregnancy related sickness is not counted so therefore my 2 week absence due to miscarriage should NOT be progressed via HR for a disciplinary hearing!

[boxtops]

It's ridiculous in some employers that certified sickness can count for disciplinary - if you have a sick note, the GP thinks you're sick. It's not like ten days, one per week, which can count as poor attendance.
Are you in the union, or do they have staffside reps in Scotland (as we in the English NHS do)?

[bednobs]

well if that's what the policy says then good. I work for the NHS too but in england and we seem to have different rules down here - "pregnancy related sickness" as a separate entity does not exist, it is just "sickness"

[Cathselmes]

Hi 2shortplanks

I do not know if you were answering me or foodluva but another thing I have just thought of was the consultant who worked at the same hospital as me signed my sick note.
I am in England.