Reduced hours in pregnancy

A member who is pregnant has been advised by her doctor to reduce her hours from eight to four per day. Our employer has agreed to the change in hours, but says that she must take the additional time off as annual leave? Is this right?

Where an employee is unable to carry on with her usual duties because she is pregnant, the employer is obliged to offer her alternative work. However, this cannot be on substantially less favourable terms and conditions, under section 67 of the Employment Rights Act 1996.

If she were required to take those hours that she is unable to work as holiday, her terms would be substantially less favourable (as she would be required to take annual leave in a particular form). Equally, if she were to be paid only for the hours she is now working, this too would result in substantially less favourable terms and conditions.

* Further information: British Airways Ltd v Moore (EAT 185/99)