Pregnancy Absence Triggers – What You Can and Can’t Count
Not All Sick Days Are Created Equal
When it comes to managing absence, pregnancy-related illness sits in a category of its own. It’s not “ordinary” sickness under the law, and treating it as such can land employers in hot water. That means no counting it in Bradford Factor scores, no disciplinary warnings based on pregnancy-related absences, and no muttering about “unreliability” in appraisals.
It’s protected by the Equality Act 2010. If an employee is treated unfavourably because of absence due to pregnancy, that’s potentially direct pregnancy discrimination — and the tribunal won’t ask whether you meant it or not
What Counts as Pregnancy-Related?
The list is long and case-specific. Some common examples:
• Morning sickness
• Pregnancy-induced hypertension or gestational diabetes
• Fatigue, faintness, or dizzy spells
• Pain caused by SPD or pelvic instability
• Miscarriage or threatened miscarriage
• Anxiety linked to pregnancy
Any condition that arises because of the pregnancy falls into this category, even if the employee doesn’t explicitly connect the dots when calling in sick. If there’s a pattern or a fit note that suggests a link, treat it as pregnancy-related unless clearly proven otherwise.
Managing Attendance Without Breaking the Law
You can still monitor absence. You can still have supportive check-ins.
What you can’t do is:
• Use pregnancy-related absences to trigger capability or attendance reviews
• Include them in formal warnings or ‘three strikes’ processes
• Compare the pregnant employee’s sickness record to others when considering promotion, pay, or redundancy
What you can do is:
• Keep accurate records, clearly tagging pregnancy-related absence
• Offer temporary adjustments to reduce further absence
• Review risk assessments regularly and respond to health updates
• Reassure managers that it’s not about turning a blind eye. It’s about applying the law properly
A clear boundary between ordinary sickness and pregnancy-related absence protects the employee and the employer. It keeps your records clean, your processes fair, and your managers out of tribunal cross-examination.