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How long after a pregnancy can a pregnancy related condition be 'protected'?

Discussion in 'Workplace dilemmas' started by ThereAreBunniesInMyHead, Nov 10, 2017.

  1. ThereAreBunniesInMyHead

    ThereAreBunniesInMyHead Occasional commenter

    Does anyone with experience in employment law / HR know if a pregnancy related condition can still be considered a 'protected condition' even after you have given birth? Its been 18 months since I had my 2nd baby but I am still getting regular medical treatment for a condition caused by my last pregnancy (I have a doctor's note confirming the condition was caused by pregnancy). I just wondered if it could still be considered a protected condition in terms of the equality act, even if I am 18 months post pregnancy? My union has broached the issue with the school prior to my attendance meeting but they haven't responded yet and I just wondered if anyone here knew? It is a physical condition, not a mental health condition, if that makes any difference at all.
     
  2. sunshineonarainyday

    sunshineonarainyday New commenter

    There are people who know far more about this kind of thing than I do, but I do remember that when I developed mastitis following stopping breastfeeding (after I returned to work, as I breastfed for 13 months) that definitely wasn't covered under the protected pregnancy/maternity rules. I think I was told that once you return to work all of that protection goes, although clearly mastitis following breastfeeding was undoubtedly a pregnancy/maternity related illness!
     
  3. ThereAreBunniesInMyHead

    ThereAreBunniesInMyHead Occasional commenter

    Thanks yeah this is what I am thinking the situation is too. My union rep has said that I still might be covered under the equality act because the condition I have been left with is long term and affects my day to day life so it could be considered a disability. But the school haven't responded to any of his emails suggesting occupational health etc so at the moment we're in the dark about what they think about the condition.
     
  4. Anonymouse4

    Anonymouse4 New commenter

  5. Moony

    Moony Lead commenter

    If it's an ongoing condition and effects your ability to get things done physically then it may well count under the equality act under its own right even if you've gone past the point of it being a pregnancy related thing.
     
  6. Crowbob

    Crowbob Established commenter

    Equality Act 2010 s18(6)The protected period, in relation to a woman's pregnancy, begins when the pregnancy begins, and ends—
    (a)if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy;
    (b)if she does not have that right, at the end of the period of 2 weeks beginning with the end of the pregnancy.

    So, no protection for pregnancy related stuff but that doesn't rule you out of the 'disability' category...
     

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