Mental Health Awareness: The Importance of Maternal Mental Health in the Workplace

Workplace culture and often lack of legal understanding or compliance can have a significant impact on maternal mental health.

Last week marked Mental Health Awareness Week, a week which which raises awareness and promotes recognition of unique challenges faced by women before, during, and after maternity leave. 

Why Maternal Mental Health Matters

Maternal mental health includes the emotional and psychological wellbeing of women during pregnancy and the postnatal period. The perinatal period is one of immense change, and for many women, making them more vulnerable to anxiety, depression, and other mental health conditions. The workplace often fails as a place of support and can be an additional stressor.

Women with parental responsibilities are statistically more likely to leave their jobs than men, especially if they lack adequate support and understanding from employers. There is a direct correlation between poor mental health and increased absences, even resignations which cost businesses in loss of not only talent but also productivity.

Creating a Supportive Workplace Culture

Building a culture of support is the foundation of a supportive employee wellbeing strategy.

Key Legal Responsibilities of Employers Regarding Maternal Mental Health

1. Duty of Care and Safe Working Environment

• Employers have a legal duty of care to do all they reasonably can to support the health, safety, and wellbeing of all workers, including those experiencing maternal mental health challenges.

This includes making sure the working environment is safe, carrying out risk assessments, and treating mental and physical health as important.

2. Risk Assessments for Pregnant and New Mothers

• Under the Management of Health and Safety at Work Regulations 1999, employers must specifically assess and manage risks to women of childbearing age, pregnant workers, and new mothers.

• Once an employer is notified that a worker is pregnant, has given birth in the last six months, or is breastfeeding, they must review and adjust risk assessments accordingly.

3. Protection from Discrimination

• The Equality Act 2010 makes it unlawful to discriminate against or dismiss a worker because they are pregnant, a new mother, or are breastfeeding. This protection applies regardless of length of service and covers contract, agency, and apprentice workers.

• Mental health conditions that amount to a disability (i.e., have a substantial, adverse, and long-term effect (likely to last / or have lasted 12 months or more) on normal daily activities) are also protected under this Act.

4. Reasonable Adjustments

• For mental health conditions which qualify as a disability under the Equality Act 2010, employers must make reasonable adjustments to remove or reduce workplace disadvantages. Examples include flexible working arrangements, more frequent breaks, or adjusting workloads.

5. Suitable Rest Facilities

• Employers are required to provide suitable places for pregnant and breastfeeding workers to rest, as set out in the Workplace (Health, Safety and Welfare) Regulations 1992.

6. Alternative Work and Suspension

• If a risk cannot be avoided and no suitable adjustment can be made, employers must offer suitable alternative work on the same terms and conditions. If that is not possible, the employee may need to be suspended on full pay for health and safety reasons, as stipulated by the Employment Rights Act 1996.

7. Supporting Return to Work

• Employers should handle requests for flexible working reasonably and in line with statutory procedures. Mis-handling or unreasonable rejection of such requests may constitute sex discrimination.

• Employers should also provide support and training to help returning mothers reintegrate into the workplace.

8. Confidentiality and Open Communication

• Employees should feel able to disclose mental health conditions without fear of disadvantage or discrimination.

• Employers should foster a supportive culture and ensure confidentiality is maintained.

Practical Steps to Support Maternal Mental Health

1. Foster a Supportive Workplace Culture

• Normalise conversations about maternal mental health and reduce stigma by sharing resources and encouraging open dialogue.

• Making it clear in policies and communications that mental health is as important as physical health.

• Creating support groups or networks for pregnant employees and new parents.

2. Provide Flexible Working Arrangements

• Offer flexible working arrangements such as flexible hours, remote working, phased returns, or compressed weeks to help mothers balance work and family responsibilities.

• Use Keeping in Touch (KIT) days to maintain appropriate contact during maternity leave, subject to the employee’s preferences.

3. Ensure Access to Mental Health Resources

• Access to confidential counselling, therapy, or employee assistance programs tailored to perinatal and maternal mental health needs.

• Signpost external support charities and organisations.

4. Return-to-Work Support

• Plan and agree a supportive and smooth transition back to work, including training or coaching to update returning mothers on changes in the workplace.

• Keep lines of communication open during and after maternity leave to avoid isolation and ensure mothers feel valued and included.

5. Accessible Private Environments

• Ensure there are private, safe spaces for breastfeeding or expressing milk, and communicate the availability of these facilities before the employee returns.

6. Regular Check-ins and Proactive Support

• Schedule regular check-ins with new mothers and their partners to identify signs of mental health challenges and offer support.

• Train managers to recognize and respond appropriately to signs of maternal mental health struggles.

• Extend support and resources to partners and other caregivers when possible4.

7. Encourage Work-Life Balance

• Challenge cultures of presenteeism and ensure that workloads and expectations are realistic for new and returning mothers.

By implementing these practical steps, employers can create an environment where maternal mental health is not only recognised but prioritised, leading to healthier, more engaged, and retained employees.

At Osborne Wise our employment lawyers aim to encourage and support compliance so that you are not left having to resolve disputes.

For further advice on implementation of family friendly policies including training and compliance contact us on info@osbornewise.com