If one of your PA’s becomes pregnant and is no longer able to carry out certain aspects of their current job due to pregnancy there are several things to consider.

Firstly, you need to consider whether it is possible for the woman concerned to do suitable alternative work. If not she should then get a certificate from her GP for a medical suspension. (If she is ill for any other reason then this is treated as usual sick leave). She effectively stops coming into work until it is medically safe for her to return. This might be a few weeks or it might be until after her maternity leave.

During medical suspension employees continue to have the same employment rights and wages as if they were working until they begin maternity leave. The local authority has the responsibility to ensure that you are able to use direct payments legally and need to make contingency plans to meet its obligation. They need to cover this additional cost where you need to employ an additional PA or pay extra hours to an existing PA.

For further advice regarding maternity leave contact your local ACAS office or www.direct.gov.uk

If your PA is male he may also be entitled to paternity leave. For further advice regarding paternity leave contact your local ACAS office or www.direct.gov.uk

Local Support Team will support you with the above.

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