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Section : Can a pregnant employee be required to take unpaid parental leave within 6 weeks before the birth?
Domain : Human Resource Management
Classification : Not Identified

Text Content


If a pregnant employee wants to work during the 6 weeks before birth, their employer can ask them to provide a medical certificate within 7 days which states:

  • the employee is fit for work
  • if the employee is fit for work, whether it is inadvisable for the employee to continue in their present position because of:
  • -illness or risks arising out of the employee's pregnancy, or
  • -hazards connected with the position. The employer can require the employee to take a period of unpaid parental leave as soon as possible if:
  • the employee fails to provide the requested medical certificate within 7 days of the request, or
  • the employee provides a certificate within 7 days that states they are not fit for work, or
  • the certificate says it's inadvisable for the employee to continue in their present position and the employee hasn't provided the required notice and evidence for taking unpaid parental leave. The employee's unpaid parental leave will then start when they are directed to take unpaid parental leave and will count as part of the employee's total unpaid parental leave entitlement. The rules about when the leave must start and notice requirements don't apply.

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