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Risk Assessment for Pregnant Employees
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Risk Assessment for Pregnant Employees

HR Guide, Leave and Holidays

Risk Assessment for Pregnant Employees

As soon as an employer has received written notification of pregnancy from an employee, a risk assessment should be carried out. The employee should give their employer a copy of any advice that their Doctor/Midwife has given them if it could have an impact on the pregnant employee’s risk assessment. The risk assessment’s purpose is to evaluate the employee’s ability to carry out their role and to identify any possible risks to mother and baby. Examples of some risks are:

Standing/sitting for long periods
Lifting/carrying heavy loads
Threat of violence in the workplace
Long working hours
Excessively noisy workplaces
Exposure to toxic substances
Work-related stress
Workstations and posture

Set out below are the different stages of a pregnant employee risk assessment: Step 1: Identify the risks (bearing in mind that there may not be any. Step 2 - Determine what can be done to reduce/remove any of the risks identified in Step 1. This may mean modifying the working hours or conditions of the pregnant employee. This stage can also involve assigning the employee to an alternative role during pregnancy. It is important to remember that the employer is not allowed to alter the employee’s pay for the duration of this change in role. Step 3 – If the identified risks are great and no possibility of removal/reduction can be found (this may not be practical within the workplace etc.), the employer may decide to suspend the employee from duties until the health and safety of the mother and unborn child/children is no longer threatened. This is known as Health & Safety Leave. Health and Safety Leave can also be applicable for breastfeeding mothers. During Health & Safety Leave (the period of suspension) the employee is entitled to full pay from the employer for the first three weeks. Exceptions can occur if the employee has unreasonably refused to do the alternative ‘risk-free’ work offered to them or if the employee does not meet any reasonable requirements. The Department of Social Protection pays Health and Safety Benefit after the first three weeks of Health and Safety Leave has passed. In order to qualify for Health and Safety Benefit, you must meet certain criteria and PRSI contribution conditions. Employees are still considered to be in employment so they continue to accumulate their annual leave entitlement. However, they are not entitled to payment for public holidays that occur while on Health and Safety Leave. It is essential that the employer regularly monitors and reviews any assessment made to take account of the possible risks that may occur at the different stages of pregnancy.

By The HR Company Administrator|2021-02-23T17:45:25+00:00October 3rd, 2017|HR Guide, Leave and Holidays|0 Comments

Long Term Illness and Disability

The recent case of ‘Arravasc Limited v Gerard Cahill’ has provided some clarity regarding what constitutes a disability under equality legislation and is a warning to Employers about how broadly this can be interpreted by the Courts.

In this case, the claimant […]

By The HR Company Administrator|2021-02-23T17:46:54+00:00January 26th, 2017|Employee Communication, HR Guide, Labour Court, Leave and Holidays, Sick Leave|0 Comments

Carer’s Leave – What Employers need to Know.

Carer’s Leave

In accordance with the provisions of the Carer’s Leave Act, 2001, if an employee has completed 12 months’ continuous service with you; he or she is entitled to take unpaid Carer’s Leave in order to care for a person (a ‘Relevant Person’) who requires full-time care and attention. Carer's Leave is protected leave.

A ‘Relevant Person’

A ‘Relevant Person’ is a person who is over the age of 16 and is so incapacitated as to require full-time care and attention or a person who is under 16 and in receipt of a Domiciliary Care Allowance. A Deciding Officer of the Department of Social Protection determines whether or not an individual qualifies as a ‘Relevant Person’. Employees may be entitled to receive Carer’s Benefit/Carer’s Allowance whilst on leave. You should inform employees that they should apply to the Carer’s Benefit Section at their local Social Welfare Office so their eligibility can be assessed. There is no statutory obligation on you as an employer to pay employees during Carer’s Leave.

Entitlements

Other than their right to remuneration, you should treat employees as though they have been working during a period of Carer’s Leave. Annual Leave and Public Holidays will accrue as normal for employees during the first 13 weeks of Carer’s Leave. The minimum statutory entitlement is 13 leave weeks and the maximum period is 104 weeks. The 104 weeks (2 years) can be taken in one continuous block or it can be broken up into multiple separate periods of leave – there must be a gap of at least 6 weeks between periods of Carer’s Leave.

Application/Notification

If one of your employees intends to avail of Carer’s Leave then he or she should write to you not less than 6 weeks before the proposed commencement of the leave in order to apply for this leave. The application should include the following details:  

The manner in which the employee intends to take the leave
The proposed commencement date and, where possible, end date (this won’t always be possible – especially if the ‘Relevant Person’ is terminally ill; for instance)
That he or she has made an application to the Department of Social Protection for a decision to be made in respect of the person for whom they propose to avail of the leave

A confirmation document should be signed by you and the employee prior to the commencement of Carer’s Leave. If the employee would like to return to work on a different date than previously agreed (if one was agreed) then he or she should provide you with a ‘Notice of Return to Work’ not less than 4 weeks prior to the intended return date.

Termination of Carer’s Leave

Carer’s Leave may be terminated for several reasons. If it becomes apparent that the person for whom the care is being provided is not in need of full-time care any longer for whatever reason, you may terminate the leave. The Department of Social Protection will make a decision in certain instances. To download our Staff Suggestion Form click the image below ->

By The HR Company Administrator|2021-02-23T17:49:11+00:00June 17th, 2015|Carers Leave, HR Guide, Leave and Holidays|0 Comments