pregnant employee cannot perform duties

The attorney listings on this site are paid attorney advertising. This website uses cookies to ensure you get the best experience on our website. You must take the following steps: You should make sure that any pregnant employees off work, for example due to a pregnancy related illness, have the same access to consultation information as other employees. Identify relevant employees likely to be affected by the redundancy (who may not be limited to the exact same work or grade). 4 Sometimes, workplaces have rules, policies, practices and behaviours that apply equally to everyone, but can create barriers based on an irrelevant group characteristic. An employer may need to make some adjustments, and even bear some costs, to help a person do their job,8 even if these might cause some hardship to the employer. The answer is (the always unsatisfying) "it depends." It is important to remember that the duty to accommodate pregnancy-related needs only applies when an employee has a real need and has communicated what that need is. We have an employee who can not perform her duties due to 8 1/2 months pregnant.

Pregnancy-related discrimination means any action, decision, or policy that negatively affects a woman as a result of her pregnant status. Must I change the date? 3 10. UPS did not, however, accommodate other employees, including pregnant employees and employees with off-the-job injuries. Please note that the current situation may impact our ability to respond in a timely manner. //www.acas.org.uk/media/pdf/m/p/Asking-and-responding-to-questions-of-discrimination-in-the-workplace.pdf. If you take action at a meeting when she cannot attend because of pregnancy related illness this may be pregnancy discrimination. The following steps set out the main issues for a responder to consider when deciding on how to answer the questions. In addition to fulfilling their legal obligations, the Canadian Human Rights Commission (the Commission) encourages employers to take additional steps to prevent pregnancy-related discrimination, to resolve employee concerns quickly and effectively, and to foster a human rights culture in their workplaces. The Canadian Human Rights Act (the Act) prohibits discrimination related to pregnancy. You may need to download version 2.0 now from the Chrome Web Store. In the absence of an actual appraisal, awarding her ‘average’ when in her previous appraisal she scored ‘good’ or ‘exceptional’(unless there is a reason unrelated to her pregnancy for awarding the lower grade). 1976-77, c. 33, s. 7. If she does wait too long you could argue that she accepted the behaviour by continuing to work. We are a company of 450+employees in Maryland. It will also explain some of the employer benefits of providing respectful and inclusive workplaces for pregnant employees, identify potentially discriminatory practices, and offer practical solutions. In these states, employers must provide light-duty work to employees who have medical restrictions due to pregnancy. For example: If an employee raises a grievance and she has made no informal attempt to discuss her concerns before her grievance, it is sometimes worth trying to resolve it informally without going through the whole grievance procedure, if your employee agrees. Targets which were measured during a period when her work was affected by her pregnancy. What do I need to do to ensure the redundancy procedure is fair and doesn’t discriminate against any of my employees? It would be discrimination to refuse to offer such a job to an employee who is about to go on maternity leave because she cannot start the job until the end of her maternity leave. What should I do if an employee raises concerns about being treated unfairly because of her pregnancy, when I know this is not the case? There is also a detailed Equality and Human Rights Commission/ACAS guide for employees and employers on ‘managing redundancies for pregnant employees and those on maternity leave’: //www.equalityhumanrights.com/publication/managing-redundancy-pregnant-employees-and-those-maternity-leave. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. UPS did not, however, accommodate other employees, including pregnant employees and employees with off-the-job injuries. An employer must first ask how the pregnancy can be accommodated in the workplace: Is chemical exposure unavoidable during the period of the pregnancy? You can read more about redundancy here. There is an ACAS Code, which sets out the procedure for asking such questions and how an employer should respond. If you are not sure see the. Managing pregnancy and maternity in the workplace, Pregnancy and maternity discrimination research findings, Our recommendations to tackle pregnancy and maternity discrimination, Pre-Pregnancy and Pregnancy employer toolkit, Maternity, paternity or Shared Parental Leave and pay employer toolkit, After Maternity or Adoption Leave employer toolkit, Adoption, Paternity or Shared Parental Leave for Adoptive parents and Pay employer toolkit, https://www.gov.uk/redundant-your-rights/overview. Cloudflare Ray ID: 5f12a0106ffd32b8 We thank you for your understanding and patience. However, she should not be forced to accept an undignified solution, or one that punishes her. For what you need to do for the dismissal to be fair see:  www.acas.org.uk/dgcode2009. However, if the sole or main reason for the dismissal is, for example. Is this pregnancy discrimination?

What issues must I consult about when I plan to make employees redundant? If an employer believes that workplace conditions will result in a serious health or safety risk to a pregnant employee, this should be discussed with her.10 Where possible, employers should find ways to reduce or eliminate the source of harm, protect the pregnant employee in her substantive job, or find temporary options to avoid health risks during the pregnancy period.11 The pregnant employee should work with the employer to find alternate ways to reduce risks and still fulfill the core functions of her job. When Anycia Grady, a clinical social worker, became pregnant in September 2013, her happiness was tempered by concern about the stress that her 12-hour-a-day job could have on her pregnancy. If a responder thinks some other questions are not relevant or unclear, they should clarify their purpose with the questioner to help them to reply appropriately. Women in the workplace are valued employees entitled to equality, dignity, respect and accommodation of their needs when they are attempting to become pregnant, while they are pregnant, and as they return to work following a pregnancy-related absence. You cannot select an employee based on the fact they are pregnant, on maternity leave or are exercising their statutory rights. Equal pay: 5 things you need … What if there is a suitable job for an employee who is about to go on maternity leave but I need it filled immediately?

For example, both male and female employees may need time off for specialized medical care if they have underlying conditions that complicate fertility, conception, or pregnancy. If the last performance assessment was done during pregnancy or maternity leave and showed lower scores than usual for this reason, this must not be taken into consideration against the selection criteria. Health and safety in the workplace is important, and should be balanced with the right of a pregnant employee to participate fully in the workplace.

//www.equalityhumanrights.com/publication/managing-redundancy-pregnant-employees-and-those-maternity-leave.

If there is to be an interview try to hold this at a time to suit the employee and not too close to the birth. As such, it is unlawful for an employer to treat someone less favourably because she is pregnant, suffering from a pregnancy-related illness, on compulsory maternity leave, or exercising (or seeking to exercise) any of her statutory rights, such as ordinary and additional maternity leave. Dealing with pregnancy and maternity-related challenges? However, it’s important to tread carefully when considering dismissing a pregnant employee for poor performance or because they cannot perform their duties. Identify who in your business will select those who will be considered for redundancy. Protecting the health of pregnant and breast – feeding employees 5.1 Section 26(1) of the BCEA prohibits employers from requiring or permitting a pregnant employee or an employee who is breast-feeding to perform work that is hazardous to the health of the employee or the health of her child. This policy will help employers, unions, and employees under federal jurisdiction to better understand their legal rights, obligations, and duties regarding pregnancy-related discrimination issues.

To decide if a job is suitable and appropriate the law says it must be no worse than an employee’s previous job with regard to location, terms, conditions and status and she has the capacity for the work. Pregnancy discrimination in the workplace occurs when an employer discriminates on the basis of pregnancy, childbirth or related conditions. More information on this topic is available in the Treasury Board of Canada’s Manager’s Handbook Canada Labour Code – Part II. Health and safety in the workplace is important, and should be balanced with the right of a pregnant employee to participate fully in the workplace. If she has been put at risk of redundancy and believes she is the only one and the reason is her pregnancy, explain why there is a redundancy situation and why it is not related to her pregnancy.

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