Your Legal Right to Time Off for Antenatal Care

Many mums-to-be experience issues during pregnancy that can leave them feeling exhausted, stressed and lacking in sleep. This can affect their wellbeing and it is very important to ensure that if you are feeling unwell or overwhelmed that you speak to your primary caregivers such as midwife or GP or consultant.

Alongside conventional medical treatment there is a place for complementary therapies and classes that can help you manage how you feel emotionall, mentally and physically. It is really important to look after yourself and the life inside your bump during your entire pregnancy. Many mums come to me stressed out and exhausted and do not always know what their rights are.

🔹 Statutory Basis

The right is found in the Employment Rights Act 1996, particularly Section 55(1):

"An employee who is pregnant is entitled to be permitted by her employer to be absent from work during her working hours for the purpose of receiving antenatal care on the advice of a registered medical practitioner, registered midwife or registered health visitor."

✅ What is Certain (Black-letter Law)

1. Paid Time Off

   • Pregnant employees are legally entitled to paid time off for antenatal care.

2. No Minimum Service Requirement

   • This right applies from day one of employment.

3. Condition: Must Be Recommended by a Registered Practitioner

   • The law makes clear that time off is only protected if the care is recommended by:

     • A registered medical practitioner (e.g. GP)

     • A registered midwife

     • A registered health visitor

4. Proof May Be Required

   • Employers can request evidence of the appointment (after the first one).

     
     

🔸 What is Open to Interpretation (Grey Area)

1. What Counts as “Antenatal Care”?

• The term is not defined in detail in the statute.

• Government and ACAS guidance interprets it broadly to include:

  • Medical scans

  • Midwife checks

  • Parenting classes

  • Relaxation classes

  • Well-being sessions

🧠 However, this broad interpretation only applies when these classes are specifically recommended by a registered professional. The legal test is not what the employee feels is helpful, but what is professionally recommended.

2. Complementary Therapies (e.g. massage, reflexology, yoga):

• These do not automatically qualify as “antenatal care”.

• If a midwife or GP gives a formal written recommendation that a particular therapy (e.g., maternity reflexology) is necessary or beneficial for the pregnancy, then it can fall within the statutory protection.

• Without such a recommendation, it does not qualify, and time off is at the employer's discretion.

❌ Common Misunderstandings (Important to Clarify)

Misunderstanding	Corrected Understanding
"Anything that supports pregnancy counts as antenatal care."	Only if recommended by a registered practitioner.
"Yoga/pregnancy massage classes are always covered."	Not unless medically/midwife recommended.
"The law guarantees unlimited time off for wellbeing."	Only reasonable time off for recommended care is protected.

🧭 Best Practice for Pregnant Employees:

• If you want to attend a non-medical class (e.g., reflexology, yoga) and have it count as antenatal care:

  • Ask your midwife or GP if they recommend it for health reasons.

  • If they do, ask for written confirmation.

  • Provide this to your employer when requesting time off.

Benefits of Reflexology during Pregnancy

• Releases tension

• Helps with relaxation

• Promotes wellbeing

• Improves mood

• Aids sleep

Section 56 – Right to Time Off for Antenatal Care: Enforcement and Protection

🔹 Statutory Basis

Section 56 of the Employment Rights Act 1996 sets out how the rights under Section 55 are enforced and what protections apply if they are breached.

Let’s analyse it in depth:

✅ What is Certain (Black-letter Law)

1. Right to Bring a Claim to an Employment Tribunal

If an employer:

• Unreasonably refuses to permit a pregnant employee to take time off for antenatal care recommended under Section 55,

• Or fails to pay her for the time off (which must be paid under Section 55),

👉 then she can bring a claim before an employment tribunal under Section 56(1) and (2).

2. Time Limit for Bringing a Claim

Under Section 56(4):

• The claim must be brought within three months of the date of the breach (e.g. the refusal or non-payment), unless the tribunal extends the time for a good reason.

3. Tribunal Powers

Under Section 56(3), if a tribunal finds in the employee’s favour, it must:

• Make a declaration that the right was infringed, and

• Award compensation equal to the pay the employee would have received if permitted to take time off.

🔍 Notably: The law doesn’t give tribunals power to award additional compensation for stress or inconvenience — the award is purely financial loss of pay from the missed appointment.

🔚 Conclusion

The right to antenatal care appointments does not include complementary therapies by default, even if they are widely seen as beneficial. The trigger is a recommendation by a registered practitioner.

This creates a clear legal boundary, but also a degree of practical flexibility — since midwives often do support such interventions. The system works best when employees are informed and proactive in securing recommendations for any care that isn't obviously clinical.

Disclaimer: Please note this is not to replace legal advice and is a summary of the law. Please seek legal and medical advice from legal and medical professionals.