Work related pregnancy problem

Whosasnoozie

Hi all,

I'll try keep details vague on purpose, afraid of being identifiable etc my own username is too obvious so using this from now on.

I'm pregnant. I work in high risk residential social care.
I carried out risk assessment with employers over a month ago as per procedure. I have been on certified sick leave since, due to return in some weeks.

Update from employer advised there is no openings in another lower risk service for me to transfer to and will be returning to high risk service. They also said the risk assessment will be looked at when I return to work. Is that normal?? they have to wait for me to return to work before they make a decision or giving me options?? I carried out my duty by completing risk assessment with them but it hasn't even been "looked at" yet?

I did inform employer that I did not feel safe in my pregnancy in current post. No clear response.

All this is mainly non covid related and all solely pregnancy wellbeing related.
Health and safety authority closed since 12.30, hoping to get the legal advice from them too tomorrow when they are open again.

Another question, if I have no option but to continue to be on certified leave, anyone any idea how that affects maternity leave?

I do want to return to work, I just want to feel my baby and I are in a safe environment. which does exist within the organisation.

What do u think??? Should I fight this with them?
Would I be mad to return to high risk environment no matter what safety precautions are put in place??
To be honest, I don't want to accept anything less than a transfer. Am I being unreasonable to think they could put me somewhere just until I begin my maternity leave in 3-4 months?!


Just to add, I've seen co workers get transfers and provisions in place for them for different types or personal and even professional issues. I also have never asked for anything before from the organisation, and have never had any issues around my work.

Thanks for any help or advice !

Dav010

https://www.hsa.ie/eng/Workplace_Health/Sensitive_Risk_Groups/Pregnant_at_Work_FAQ_Responses/

Employer has to try and reduce any risk, if this is not possible, try to move you to alternative duties, if this is not possible, you go on H&S leave.

In short, the employer is not required to make a new position available for you, they just have to try to see if an existing one is available. If not, you have to stay off.

Augme

Whosasnoozie wrote: »

Am I being unreasonable to think they could put me somewhere just until I begin my maternity leave in 3-4 months?

From an employer point of view - yes.
Transferring someone into somewhere for the sake of 3-4 months is a waste of time and headache for the vast majority of employees.

Whosasnoozie

Augme wrote: »

From an employee point of view - yes.
Transferring someone into somewhere for the sake of 3-4 months is a waste of time and headache for the vast majority of employees.

A headache and waste of time??? You say employee's, do you mean employers?
As an employee, I have no problem changing service if it meant i felt safe for the rest of my pregnancy. But i do think its an employers/HR manager's job to sort this. I feel it's definitely not unreasonable due to circumstances.... walking back into a high risk environment with an unborn child. Think it's completely unreasonable for an employer to disregard these safety concerns because it's a "headache".. if you meant employer!
The more I think the more I'm going to put up a fight. As I said I have a very good employment record and have never asked for anything ever before this and have always done what's been asked of me.

Augme

Whosasnoozie wrote: »

A headache and waste of time??? You say employee's, do you mean employers?
As an employee, I have no problem changing service if it meant i felt safe for the rest of my pregnancy. But i do think its an employers/HR manager's job to sort this. I feel it's definitely not unreasonable due to circumstances.... walking back into a high risk environment with an unborn child. Think it's completely unreasonable for an employer to disregard these safety concerns because it's a "headache".. if you meant employer!
The more I think the more I'm going to put up a fight. As I said I have a very good employment record and have never asked for anything ever before this and have always done what's been asked of me.

Sorry, I did mean to say employers.

Ultimately the only part that matters is what the employer things, not the employee. If the employer things it is a health and safety risk for you to stay there then they will move you. But If they don't, I can't see them willingly move you. As I said, too much hassle.

Not saying it is right or the "good" to do, but employers don't always care about that side of it.

Batgurl

It’s possible your employer has a number of employees looking to transfer to “low risk” areas right now. Remember not every disability is visible so people you may not even have realised are at risk are looking to move.

I imagine there are a finite number of low risk jobs and they have the same (if not more) high risk positions available. And they are not obliged to create roles where they don’t have them available.

I am curious as to how employers prioritise transfers to low risk roles; does anyone know? First in, first served? Is the level of risk considered? Length of service?

mariaalice

https://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_to_families_and_children/health_safety_benefit.html

Weller81

I know that your circumstances are currently difficult and it is a frightening time. I think that your employers are setting the paper trail to put you on Health & Safety leave. They are saying that they cant provide a lower risk setting - which essentially guarantees you the payment. Health & Safety payment isnt too bad, your employers have to pay you the first few weeks of it until payment kicks in, It is a high percentage of your current salary, definitely more than dole payments, it will remain in place until maternity leave kicks in and does not affect maternity leave.

I also think you may have misinterpreted the looking at risk assessment on return. The risk assessment has to be reviewed constantly

I have been the manager tying to mitigate risk in a high risk community health care setting for pregnant employees. It is a nightmare for all involved. You cant avoid the risks essentially due to the unpredictable nature of service users and clients and that is without factoring in Covid 19. Back injury, challenging behaviour, aggression, poor hand hygiene of service users through lack of capacity, inability to guarantee rest breaks due to situation, unable to provide guaranteed sanitised seating - In my case, I was trying to always paint worst possible potential situation for employees in order to protect them. As a manager it would have been far easier for me to push trained and experienced staff to stay on rota, I hope in your case, your manager is doing the same.

I don't work in the area anymore but if you would like to message me for advice please feel free to do so.

Whosasnoozie

Weller81 wrote: »

I know that your circumstances are currently difficult and it is a frightening time. I think that your employers are setting the paper trail to put you on Health & Safety leave. They are saying that they cant provide a lower risk setting - which essentially guarantees you the payment. Health & Safety payment isnt too bad, your employers have to pay you the first few weeks of it until payment kicks in, It is a high percentage of your current salary, definitely more than dole payments, it will remain in place until maternity leave kicks in and does not affect maternity leave.

I also think you may have misinterpreted the looking at risk assessment on return. The risk assessment has to be reviewed constantly

I have been the manager tying to mitigate risk in a high risk community health care setting for pregnant employees. It is a nightmare for all involved. You cant avoid the risks essentially due to the unpredictable nature of service users and clients and that is without factoring in Covid 19. Back injury, challenging behaviour, aggression, poor hand hygiene of service users through lack of capacity, inability to guarantee rest breaks due to situation, unable to provide guaranteed sanitised seating - In my case, I was trying to always paint worst possible potential situation for employees in order to protect them. As a manager it would have been far easier for me to push trained and experienced staff to stay on rota, I hope in your case, your manager is doing the same.

I don't work in the area anymore but if you would like to message me for advice please feel free to do so.

Thanks for kind response have been advised by HSA that yea definitely right to go ahead to question it with HR. Was put at so much ease, they were so helpful and understanding, and didn't make me feel like I was at all being unreasonable. They said it's the duty of employer to make safe environment and to be honest I really really don't care how much of a "headache" it is for my employer, still annoyed it was commented that I was being unreasonable from employers point of view. If I was an employer, I would go out of my way to make sure employees are safe, and probably mainly just to avoid any further more legal headaches and cover my own ass. My manager made a comment to me disregarding the fact I told them I didn't feel safe.

I was advised also around health and safety leave, which is the route I'm going to take if they still tell me there's no other work available.
Again, thanks for the response, I'm a first time mother, I'm still getting used to the fact I have now someone else more important than myself to look out for. I totally plan out getting out of social care after maternity leave anyway. This whole experience has ruined it for me!