Managing Sick Leave During Pregnancy: Employer Guidelines for Statutory Pay, Compliance & Best Practice

Pregnancy is a unique and exciting time for employees – but it can also bring extra challenges in the workplace. Whether it’s morning sickness, fatigue, or other health concerns, many employees will need some time off for pregnancy-related sickness. For UK employers, knowing how to manage sick leave during pregnancy isn’t just about being supportive – it’s also a legal must, with rules around statutory pay and non-discrimination. Getting this process right will help you support staff, stay on the right side of employment law, and create a more inclusive workplace. Not sure what counts as pregnancy-related illness, how to handle statutory pay, or when maternity leave should start? Don’t stress – we’ll walk you through each aspect of managing sick leave during pregnancy, the reasons employees might need it, and your responsibilities as an employer. Keep reading to make sure your business is covered.

What Are Common Reasons For Sick Leave During Pregnancy?

It’s perfectly normal for employees to need time off during pregnancy – in fact, some degree of sickness or medical leave is common. Some of the main reasons for sick leave during pregnancy include:

• Morning sickness: This doesn’t just strike in the morning. It can affect employees at any time of day and result in severe nausea or vomiting, sometimes making work impossible.
• Fatigue and tiredness: Pregnancy can lead to extreme tiredness, especially during the first and third trimesters.
• Back pain or pelvic pain: Musculoskeletal pain, sciatica, and pelvic issues are all common as pregnancy progresses.
• High blood pressure (pre-eclampsia): Some pregnancy complications require monitoring or even hospitalisation.
• Mental health changes: Hormonal shifts and the challenges of pregnancy can trigger anxiety, depression, or stress.
• Other medical conditions: Gestational diabetes, infections, and other illnesses can arise.

Absence for these reasons is considered pregnancy-related sick leave if the illness is connected to pregnancy, rather than an unrelated illness such as a cold. It's important to treat and record these absences correctly – we'll explain how below.

What Counts As Pregnancy-Related Sick Leave?

Not all sick leave taken during pregnancy is treated the same. UK employment law draws an important line between:

• Pregnancy-related sick leave – Absence caused by or related to pregnancy (like those common issues above).
• Non-pregnancy-related sick leave – Absence for illnesses or injuries unrelated to the pregnancy.

Why does this distinction matter? Pregnancy-related sick leave is protected in specific ways – both in how it's recorded and how it affects things like redundancy, absence triggers, and maternity leave. Making mistakes here can raise the risk of discrimination claims, so it’s crucial you understand the difference. If you’re ever unsure whether a sickness is pregnancy-related or not, it’s a good idea to ask the employee or their medical professional to clarify. When in doubt, err on the side of recording it as pregnancy-related and seek legal advice if you need to.

How Should I Record Pregnancy-Related Sick Leave?

You must log pregnancy-related sick leave separately from other sickness absences. Here’s why:

• Legal protection: Absence due to pregnancy-related sickness cannot be used as a reason for disciplinary action, redundancy selection, or capability warnings.
• Fair treatment: You shouldn’t include pregnancy sickness in any absence management triggers (such as ‘three absences in six months = warning’).
• Transition to maternity leave: Absence for pregnancy sickness in the four weeks before the due date can automatically trigger the start of maternity leave (see below).

For these reasons, make sure your HR system or manual records clearly note when a sickness absence is pregnancy-related. You might want to include a specific ‘pregnancy-related illness’ category (distinct from ‘ordinary sickness absence’). Learn more about small business responsibilities towards employees here.

What Sick Pay Entitlements Apply During Pregnancy?

Pregnant employees are entitled to the same Statutory Sick Pay (SSP) rules as any other staff member – there aren’t ‘special’ sick pay rules just for pregnancy. However, there are a few key things to bear in mind:

• Eligibility for SSP: Pregnant employees qualify for SSP if they:
  • Are classed as an ‘employee’ (not self-employed).
  • Earn at least £123 per week (2024/25 threshold).
  • Have been off sick for at least four days in a row (including non-working days).
  • Follow your normal reporting/fit note procedures.
• Amount of SSP: The standard SSP rate is £116.75 per week for up to 28 weeks (2024/25 figure). You can pay more if you wish, but this is the legal minimum.
• Not full pay: Unless your employment contract or policies are more generous, SSP is not full pay – it’s a statutory minimum.
• Company sick pay: If you have a company sick pay scheme, pregnancy-related illness should be treated just like any other medical leave, unless your policy gives extra entitlements.

Remember, you can’t refuse sick pay or treat an employee less favourably because the absence is related to pregnancy. This would count as discrimination. For a full breakdown, see our guide to different types of leave from work.

How Does Pregnancy-Related Sickness Affect Maternity Leave?

Here’s a rule many employers overlook: if an employee is off sick for a pregnancy-related reason in the four weeks before their baby is due, their maternity leave (and maternity pay) will start automatically – even if a later date was agreed.

• Example: Jane planned to start her maternity leave at 39 weeks, but develops severe pre-eclampsia at 37 weeks and is signed off. Her maternity leave must start at the point she is absent due to pregnancy-related illness, regardless of her original plan.
• This does NOT apply to non-pregnancy illnesses: If she’s off for an unrelated reason (e.g. flu), maternity leave doesn’t have to start.

Make sure both you and your employee are aware of this trigger so there are no surprises. This rule helps protect employees who need early rest for health reasons without risking their entitlements. You can read more about how different types of leave interact in our comprehensive guide.

What Are My Statutory Obligations as an Employer?

When managing sick leave during pregnancy, employers have a set of legal duties under the Equality Act 2010, Employment Rights Act 1996 and other employment legislation. These include:

• Non-discrimination: It’s illegal to dismiss or treat an employee unfairly due to pregnancy, childbirth, or pregnancy-related sickness (direct discrimination).
• No negative consequences: Pregnancy-related absences cannot be counted for disciplinary procedures, redundancy selection, or attendance warnings – treating them otherwise could result in discrimination claims.
• SSP entitlements: You must pay the normal rate of SSP for qualifying absence, just as you would for any other sick leave.
• Automatic maternity leave trigger: If an employee is off for pregnancy-related illness in the four weeks before the expected week of childbirth, you must start her maternity leave automatically.
• Record-keeping: You need to accurately record the type of sickness absence, in case of future disputes or audits.

Missing these steps can lead to claims at an employment tribunal – so it’s well worth reviewing your absence management policies and updating staff handbooks accordingly. For a refresher on critical employment laws, visit our summary of laws that affect businesses in the UK.

Best Practice For Supporting Employees With Pregnancy Sickness At Work

Legal compliance is essential – but the best employers go one step further to create a supportive environment for pregnant staff. Here are practical steps all businesses should consider:

• Adopt a sensitive approach: Ensure absence management communications are caring and non-judgemental. Avoid pressuring employees to disclose specifics if they’re uncomfortable.
• Flexible working: Where possible, offer adjusted hours, breaks, or home working to help staff stay engaged at work whilst managing symptoms.
• Risk assessments: All pregnant employees should have a workplace risk assessment (it’s a legal requirement), and you should adjust duties if there are hazards. Our guide to health and safety in the workplace can help you get started.
• Absence notification: Keep your sickness absence policy up to date and make sure employees know how to notify you of absence, how sick pay works, and who to contact for support.
• Return to work interviews: Consider a return-to-work meeting after significant pregnancy-related absence, to make sure the employee has the support needed.

Creating a clear, supportive process not only shows you value your staff – it can also reduce long-term absence by helping people feel comfortable staying in work.

What Legal Risks Do Employers Face?

Getting sick leave during pregnancy wrong isn’t just a HR headache – it can lead to serious legal trouble. Here are some of the main legal risks:

• Pregnancy or maternity discrimination claims: Dismissing, making redundant, or treating an employee less favourably because of pregnancy-related illness is likely unlawful and can result in unlimited compensation at tribunal.
• Wrongful or unfair dismissal: Automatically dismissing an employee for repeated pregnancy-related absence could trigger a claim for unfair dismissal under the Employment Rights Act 1996.
• Failure to pay SSP or SMP: Not paying the correct statutory pay is a breach of statutory duty and can expose you to HMRC penalties and tribunal claims.
• Record-keeping failings: If you can’t show you’ve recorded pregnancy-related absences accurately, or can’t evidence your decision-making, you’re wide open to future legal disputes.

Avoiding these risks comes down to clear systems, regular training, and seeking advice when the situation seems unclear. Find more on potential breaches of employment contracts here.

How Should Pregnancy-Related Sick Leave Interact With Other Workplace Policies?

Pregnancy-related illness brings its own rules – but it’s also part of your wider employment ecosystem. Make sure your:

• Absence management: Absence triggers exclude pregnancy sickness, but your general procedures (reporting, communication, return-to-work) still apply.
• Maternity leave policy: Clearly sets out when leave may start automatically due to sickness and how pay will be determined (SSP vs Statutory Maternity Pay).
• Disciplinary and capability policy: States that no pregnancy-related illness will be counted for warning or dismissal purposes.
• Health & safety policy: Includes regular risk assessments for pregnant and returning employees.

Consider a policy review if you haven’t updated your staff handbook recently. Learn more about staff handbooks here.

Do I Have To Make Reasonable Adjustments?

While not always strictly classed as a “disability”, many pregnancy-related medical issues may still require you to make reasonable adjustments under the Equality Act 2010. For example:

• Offering lighter duties where heavy lifting or standing is an issue
• Providing breaks or a place to rest
• Allowing flexible start/finish times to manage sickness symptoms

Ignoring the need for adjustments, or penalising someone for requesting them, can be discriminatory. If in doubt, consult with your employee and seek legal advice to agree a practical approach. For a deeper dive into workplace obligations, see our article on business compliance and regulations.

Managing Sickness And Maternity Leave: Step-By-Step Employer Checklist

• Ensure your payroll and HR systems can record ‘pregnancy-related sickness’ as a distinct category.
• Communicate sick leave and reporting procedures to all new and expectant employees.
• Exclude pregnancy sickness from capability or redundancy selection criteria entirely.
• Start maternity leave and pay automatically if pregnancy sickness occurs within four weeks of the due date.
• Review and update your employment contracts and staff handbooks to reflect current guidance.
• Offer reasonable adjustments and conduct a risk assessment for every pregnant staff member.
• Seek professional advice if you are unsure of your obligations, or if a complex situation arises.

Sometimes there’s no replacement for tailored advice. If you find yourself worrying about compliance, or fielding a potentially tricky absence case, don’t go it alone. Chatting to a legal professional early is a smart move.

Key Takeaways

• Pregnant employees are entitled to Statutory Sick Pay (SSP) for qualifying sickness absences during pregnancy, just like any other employee.
• Sick leave that is pregnancy-related must be recorded separately – and cannot be counted towards absence triggers or disciplinary action.
• If an employee is absent due to pregnancy-related illness in the four weeks before their due date, her maternity leave and Statutory Maternity Pay (SMP) must start automatically.
• Employer obligations are extensive – from non-discrimination and pay to adjustments and proper record-keeping.
• Being supportive and proactive isn’t just about compliance – it’s the best way to attract, retain, and care for your workforce.
• Failing to follow the correct process can lead to unfair dismissal or discrimination claims at tribunal.
• If ever in doubt, seek legal advice rather than risk a costly employment dispute.

If you’d like help reviewing your policies, staff handbooks, or handling specific sick leave and maternity cases, reach out for a free, no-obligation chat. You can tell us about your issue at 08081347754 or email team@sprintlaw.co.uk – we’re here to help you get your legal foundations right from day one.