Pregnant women are being ‘gaslit’ by current guidance from the Royal College of Gynaecologists that says ‘healthcare workers should have a choice about whether they work in patient facing roles or not’, according to the founder of Pregnant Then Screwed.
Speaking to Grazia this morning, Joeli Brearley said that the guidance needs to be made clearer so the ‘NHS would be forced to do what’s necessary’ to protect pregnant staff on the frontline. According to Pregnant Then Screwed data, 34% of pregnant NHS staff are working in environments in which they feel are unsafe.
The warning comes after the tragic death of a pregnant nurse, Mary Agyeiwaa Agyapong, 28, who had worked at Luton and Dunstable University Hospital for five years. The ‘highly valued and loved’ nurse died on Sunday after contracting Covid-19, with her baby delivered successfully.
Demanding an investigation into Mary’s death, Brearley said that it is not yet known where and when she contracted Covid-19 or whether she was working at the time. ‘We think her maternity leave started on 12 March but we don’t know how pregnant she was at that point or whether she was called back in to do other shifts or not. We have to understand what actually happened and whether she was put at risk or not.’
Current guidance from the RCOG makes the distinction between women who are before and after 28 weeks’ gestation, stating that after 28 weeks, women shouldn’t be working in patient-facing roles because they are more likely to have severe symptoms should they develop Covid-19. Vertical transmission – women passing Covid-19 onto their babies – has not yet been seen. The problem, however, is the guidance for women who are before 28 weeks gestation.
‘The guidance is very woolly,’ says Brearley. ‘It talks a lot about choice: “healthcare workers should have a choice about whether they work in patient facing roles or not”. The problem with that is that of course they want to help out during this crisis, but they're also pregnant and incredibly anxious about what will happen if they give Covid-19 to their baby.'
She continues: ‘And what we're finding is they're not being given a choice at all. Pregnant nurses and healthcare [workers] are being gaslit a lot, and if they make any fuss it’s made out that because of the RCOG guidance, there's no risk to them and they must carry on working because this is a crisis and this is their job.’
Pointing out that while there is no evidence to suggest there are serious problems with pregnant women having Covid-19 before 28 weeks, there is also no evidence to the contrary. ‘We just don't know the impact of Covid-19 on a growing foetus because the disease is so new,’ Brearley adds. ‘So, in our view, all pregnant women should be suspended on full pay if they cannot be kept safe. And particularly for women of colour, because as we've seen, people of colour are more likely to die from Covid-19 and have graver symptoms.’
Alongside calling for clearer advice, Pregnant Then Screwed have outlined the rights of pregnant women should they feel unsafe at work – even drawing up a letter that can be sent to managers outlining the law should women feel they are being forced to work. Here is their advice if you’re pregnant and worried about working right now:
What rights do I have if I’m pregnant and can’t work from home?
‘An employer must, by law, make your workplace safe for you. This includes altering your working conditions or hours in order to reduce the risk. They should demonstrate how they will do this through a risk assessment. This is nothing new – employers have had to do this for years. The Management of Health and Safety at Work Regulations 1999 says so.
‘If they can’t make your job safe for you and can’t alter your conditions (such as letting you work from home) or find an alternative for you, then section 16(3) of those regulations says that your employer must suspend you on full pay, in accordance with section 67 and 68 of the Employment Rights Act 1996. This is called a suspension on maternity grounds.
‘So if you are pregnant, at any gestation, and your employer cannot keep you safe from the risk of infection in the workplace – i.e. keep you two metres away from everyone – they must alter your working conditions. And if they can’t do that, then they should suspend you on full pay. The only exception to this is if it is four weeks or less until your due date – in that case, your maternity leave should start.’
I’m a healthcare worker, should I be working with patients?
‘No. The government have told you to socially distance and RCOG have been very clear that pregnant healthcare workers of all gestations should not be working in patient-facing roles, due to the very high risk of infection.’
My employer is still forcing me to come to work. What should I do?
‘We know some employers are being difficult about this and saying you can’t work from home. Some are even forcing you to take annual leave, sick pay or unpaid leave if you are pregnant. If you work for a company in the private sector that’s doing this, please email sarah@pregnantthenscrewed.com – we are joining forces with the brilliant people at The Good Law Project to help you challenge this via legal redress.’
Will I get paid if I stay home from work while pregnant?
‘This depends on whether you’re actually working from home or not. If you’re working from home, then yes you’ll be paid as normal. However, if your employer can’t alter your working conditions or provide an alternative, and consequently they are forced to suspend you, then yes, you should be paid in full in accordance with the Management of Health & Safety at Work Regulations 1999 and the Employment Rights Act 1996.
‘You should not be required to take sick pay, annual leave or unpaid leave in these circumstances. If you are, please get in touch with our free legal advice line on 0161 930 5300. A suspension can last up to 26 weeks with full pay, but will usually end once your maternity leave begins. An employer can enforce the start of your maternity leave at any point in the four weeks before your due date.
‘You are not entitled to full pay while suspended, if you have been in your job less than a month, or if you refuse suitable alternative work that was offered to you.’
Can my employer make me start my maternity leave early?
Yes, if you are within four weeks of your due date.
Read More:
From Childbirth To The Economy, Women's Rights Are Endangered By The Coronavirus Crisis
Coronavirus And Childcare: What Are Your Rights Now That Schools And Nurseries Are Closed?
Coronavirus: What Should I Do If I Had A Honeymoon Planned This Summer?