Covid-19 – Latest Guidance for pregnant employees – 19 August 2021

John Cook

Overview

  • An individual risk assessment is the key for all pregnant employees.
  • The general Gov guidance Coronavirus (COVID-19): advice for pregnant employees has not been updated since 20 July.
  • The DfE guidance Schools coronavirus (COVID-19) operational guidance was updated on 17 August 2021 and removed any reference to pregnant employees.  Instead, schools are referred to the HSE guidance on protecting ‘vulnerable workers’.
  • Employers will need to put in place appropriate control measures as part of an individual risk assessment.
  • The Royal College of Obstetricians and Gynaecologists guidance was last updated on 19 July and recommends that all pregnant women should be vaccinated – ‘Receiving two doses of the vaccine is the safest and most effective way of protecting you and your baby from COVID-19 infection.’
  • The RCOG guidance goes on to state ‘As COVID-19 restrictions ease across the UK, pregnant women who are unvaccinated or not fully vaccinated, may choose to limit the close contact they have with those they do not usually meet with in order to reduce the risk of catching or spreading COVID-19, particularly if they are in the third trimester and when COVID-19 disease levels in the general community are high.’

GOV Guidance – updated 20 July
Coronavirus (COVID-19): advice for pregnant employees (updated on 20 July 2021) states as follows:-

Less than 28 weeks with no underlying health conditions

  • You must first have a workplace risk assessment with your employer and occupational health team.
  • Then, you should only continue working if the risk assessment advises that it is safe to do so.
  • This means that your employer should remove or manage any risks. If this cannot be done, you should be offered suitable alternative work or working arrangements (including working from home) or be suspended on your normal pay.
  • Your employer should ensure you are able to adhere to any active national guidance on social distancing.
  • Some higher risk occupations such as those with greater public contact or in healthcare may carry a higher risk of exposure to the virus. In healthcare settings this may include working in specific higher risk areas or higher risk procedures as summarised in the Public Health England publication Guidance on Infection Prevention and Control.
  • You should be supported by your employer with appropriate risk mitigation in line with recommendations to staff arising from workplace risk assessment.

28 weeks or more or with underlying health conditions

  • Greater risk of severe illness from coronavirus.
  • You should take a more precautionary approach.
  • This is because although you are at no more risk of contracting the virus than any other non-pregnant person who is in similar health, you have an increased risk of becoming severely ill and of pre-term birth if you contract COVID-19.
  • Your employer should ensure you are able to adhere to any active national guidance on social distancing.
  • For many workers, this may require working flexibly from home in a different capacity.
  • All employers should consider both how to redeploy these staff and how to maximise the potential for homeworking, wherever possible.
  • Where adjustments to the work environment and role are not possible (e.g. manufacturing/retail industries) and alternative work cannot be found, you should be suspended on paid leave.

DfE Guidance – updated 17 August
Schools coronavirus (COVID-19) operational guidance (updated 17 August 2021)
No longer any specific reference to pregnant employees.  The School Workforce sections states:-

School workforce
School leaders are best placed to determine the workforce required to meet the needs of their pupils.

Clinically extremely vulnerable (CEV) people are advised, as a minimum, to follow the same guidance as everyone else. It is important that everyone adheres to this guidance, but CEV people may wish to think particularly carefully about the additional precautions they can continue to take. Further information can be found in the guidance on protecting people who are CEV from COVID-19.

Social distancing measures have now ended in the workplace and it is no longer necessary for the government to instruct people to work from home. Employers should be able to explain the measures they have in place to keep CEV staff safe at work. The Health and Safety Executive (HSE) has published guidance on protecting vulnerable workers, including advice for employers and employees on how to talk about reducing risks in the workplace.

We welcome your support in encouraging vaccine take up and enabling staff who are eligible for a vaccination to attend booked vaccine appointments where possible even during term time.

HSE Guidance –  updated 9 August
Pregnant workers
There is a long-standing requirement for employers to put in place measures to ensure workplace safety where a significant health and safety risk is identified for a new or expectant mother.

Some pregnant workers will be at greater risk of severe illness from coronavirus.
(see Health Protection Scotland and Public Health Wales for any separate arrangements).

Employers will need to take this into account in their risk assessment.

If you cannot put the necessary control measures in place, such as adjustments to the job or working from home, you should suspend the pregnant worker on paid leave. This is in line with normal requirements under regulation 16(3) of the Management of Health and Safety at Work Regulations 1999.

HSE has specific, non-COVID advice for new and expectant mothers.

We review and update this page regularly to reflect any changes in guidance.  Next review 30 August.

Royal College of Obstetricians and Gynaecologists Guidance – updated 19 July

Coronavirus infection and pregnancy (updated 19 July 2021).
Q. What is the main advice for pregnant women?
Studies from the UK show that pregnant women are no more likely to get COVID-19 than other healthy adults, but they are at slightly increased risk of becoming severely unwell if they do catch COVID-19, and are more likely to have pregnancy complications like preterm birth or stillbirth.

Roughly two-thirds of pregnant women with COVID-19 have no symptoms at all, and most pregnant women who do have symptoms only have mild cold or flu-like symptoms. However, a small number of pregnant women can become unwell with COVID-19. Pregnant women who catch COVID-19 are at slightly increased risk of becoming severely unwell compared to non-pregnant women, particularly in the third trimester. Pregnant women have been included in the list of people at moderate risk (clinically vulnerable) as a precaution.

Across the UK restrictions have been eased following the move to Step 4 of the roadmap.

There is different guidance on pregnancy for those living in England, Scotland, Wales and Northern Ireland.

Those who are pregnant, as a minimum, should follow the same guidance on COVID-19 as everyone else (for example about testing or self-isolation), though some pregnant women may wish to take extra precautions.

Key advice for pregnant women during the pandemic:

  • Vaccination is recommended in pregnancy. You can get vaccinated against COVID-19 if you’re pregnant and aged 18 or over. Receiving two doses of the vaccine is the safest and most effective way of protecting you and your baby from COVID-19 infection (read our Q&As about COVID-19 vaccines and pregnancy for more information).

 

  • As COVID-19 restrictions ease across the UK, pregnant women who are unvaccinated or not fully vaccinated, may choose to limit the close contact they have with those they do not usually meet with in order to reduce the risk of catching or spreading COVID-19, particularly if they are in the third trimester and when COVID-19 disease levels in the general community are high.

Occupational health guidance for pregnant women who work in a public-facing role

Q. Can I still go to work? What if I work in a public-facing role?
We understand that it must be an anxious time if you are pregnant and you work in a public-facing role.

The government has published Coronavirus(COVID-19): advice for pregnant employees.

Employers have a responsibility to protect the health and safety of pregnant women who are working. This responsibility is laid out in the Management of Health and Safety at Work Regulations 1999 or the Management of Health and Safety at Work Regulations (Northern Ireland) 2000. Under these regulations, employers are required to carry out risk assessments. If there are risks, your employer must take reasonable action to remove the risks by altering your working conditions or hours of work; by providing suitable alternative work on the same terms and conditions; or by suspending you on full pay (if there is no suitable alternative work).

Information contained in the RCOG/RCM Guidance on Coronavirus (COVID-19) in pregnancy should be used as the basis for a risk assessment. The most relevant sections for use in a risk assessment are sections 1.5, 1.6 and 1.7. Your employer should advise you how and where you can safely work, after they conduct their risk assessment of your workplace and your individual situation. As well as considering information in the RCOG/RCM Guidance on Coronavirus (COVID-19) in pregnancy, the remaining factors involved in reaching a decision about your safety at work must be evaluated in an individualised risk assessment, conducted by your employer, that is individual to you and your employment setting. Employers are guided on this by sector-specific advice published on the UK government Working safely during Coronavirus (COVID-19) and NHS Employers websites. The RCOG is not able to comment or advise on these aspects as it is outside our area of expertise.

If you are unable to work from home, you can work in a public-facing role provided your employer conducts the risk assessment and is able to make appropriate arrangements to sufficiently minimise your exposure to the virus.

Q. What is the advice for pregnant women about going to work following changes to shielding guidance?
The government made changes to shielding advice on 1 April however pregnant women have never been specifically advised to shield unless they also have underlying conditions, such as a serious heart condition. Anecdotally, some employers have treated pregnant women at or beyond 28 weeks gestation in the same way as people who are shielding, but this was not part of the official occupational health advice from the government.

The requirement to undertake a risk assessment for pregnant women has not changed as a result of the changes to government shielding advice. Your risk assessment should also not change based on whether or not you have had a vaccine.

General Guidance
The general coronavirus guidance starts here:-
https://www.gov.uk/coronavirus

John Cook – Solicitor

John Cook

I am a qualified Solicitor with over 30 years’ experience running a business, managing a team, appearing in the Employment Tribunal and advising on almost every conceivable employment law and HR issue. Clients appreciate my down to earth and straight forward approach that allows them to achieve results and manage their organisation more effectively. I take the worry out of employment law and HR issues with a proactive and robust approach.