06 January 2010 #Employment
The EU Pregnant Workers Directive provides for the health and safety protection of pregnant workers and new mothers. In the case of Parviainen v Finnair Oyj (2009) the Advocate General has given his opinion that the Directive does not require an employer to pay a pregnant worker, who is temporarily transferred to a different job to prevent her being exposed to health risks, the average salary that she earned prior to the transfer. Instead, the employer is required to provide her with an adequate allowance, which must be no less than a male or female worker is paid for doing an equivalent job.
In the UK, however, where suitable alternative work is offered to pregnant employees to avoid health and safety risks, the new job must not be on terms and conditions substantially less favourable than those that governed the employee`s previous role. As such, she should receive the same rate of pay.