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Remote working due to pregnancy

Hey All, Pregnant woman is suffering health issues due to bad Nausea and she can’t cook and eat due to stress at work and nausea getting worse due work related stress. Her father is sick so her parents can’t come over to the Uk to support her. But she has not got doctor note that she needs to be around her family due to her health. We have a global remote policy that you can only away for 30 days in a year remote which she took earlier this year. She now asked to go to 4 weeks to work remote so that her parents can help with cooking and managing her strss as she has no on e in the

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  • As she has no one in the UK support. Can we make exceptions in the policy as we have rejected her request.
  • In reply to soodgeeta:

    Hi

    What kind of sick pay terms does she have?
    - if remote working for a further four weeks is likely to be feasible, why not allow it exceptionally irrespective of this arbitrary policy limit?

    Don't know the particular circumstances, but unless there are sound and demonstrable operational reasons for disallowing her request, would think it's both needlessly harsh and even a bit risky for Equality Act reasons not to allow it.

    - bearing in mind that she might simply go off sick anyhow
  • In reply to soodgeeta:

    It is your company policy. Your company can always make exceptions/changes in exceptional circumstances.

    What would you like the company to do if it was you this was happening to?
  • Putting myself in her situation, I think if there is any way that you can accommodate her request, you ought to. If there are no tax or legal implications to her working abroad for an additional 4 weeks, then it is just company policy in the way, and you are able to make an exception for her.
    She is pregnant, stressed, sick and not eating, she's hardly going to be doing her best work for you. It would likely be a net positive outcome if you can allow her to be cared for by her parents for a few weeks.

  • Steve Bridger

    | 0 Posts

    Community Manager

    31 Oct, 2022 10:47

    In reply to Helen:

    I guess a key point here is that your employee will be working remotely outside the UK. We have quite a few discussions around this topic.

  • In reply to Steve Bridger:

    As you say, Steve, and well worth a look.  However, it may be just me, but the link seems to go striaght back to this discussion.

  • In reply to Caroline:

    In further reply to Steve

    It is me .  There are some relevant threads further down the list - apologies.

  • In reply to Caroline:

    There is one thread in particular where several knowledgeable members explain very clearly the potential pitfalls of employing people who are based abroad.

    https://community.cipd.co.uk/discussion-forums/employment-law-policies-and-procedures/f/flexible-working/17067/re-employee-asking-to-relocate---to-another-country/100374

    This thread dates back to 2019.  I get the impression that, with the rise of remote working, organisations are increasingly being asked to allow people to be based abroad for at least a proportion of the time and they often want to agree.  Given the seriousness of  these potential pitfalls, however, a lot are agreeing, but limiting the duration so that it remains clear that the employee is unequivocally UK-based.  I think a limit of 30 days is quite common.

    In this case, of course, the employee is not asking to be permanently based in her home country and I agree with Helen.  The employee needs support, and the best support would be to stay with her family for a while, so some flexibility in the 30-day rule would be appropriate.  Everything may improve dramatically once she’s through the first stage of pregnancy, and she may well be able to return to work in the UK within a few more weeks.

    If, however, this arrangement drifted into staying abroad for the entire pregnancy and giving birth in the home country, I can see that it could get complicated.  There could, for example, be a question of applying different maternity rights.  I’m not at all expert in this area, so I think I would feel happier, while agreeing that the employee can spend time in her home country for maybe a couple of months, to take specialised legal advice at this stage about any potential problems and options if the employee has a difficult pregnancy and wants to remain with her parents for the rest of her pregnancy.  I guess the CIPD’s legal helpline would be a good place to start.

  • Thank you all for your reply, but employer is not ready to make exceptions
  • In reply to soodgeeta:

    Sounds as if the employer is not at all ready to be a sensible and decent human being!
  • I don't understand this at all. If a company is so advanced that they can have a "global remote policy" then surely they are advanced enough to show a bit of "heart" So what's the alternative, stress your pregnant employee out even more by saying no? the consequences to that don't even bear thinking about.
  • In reply to Fiona:

    Well said Fiona!!
  • Is there a possibility that this could go to a tribunal?