Question: We have a worker in an office customer service position, who would like to work right up until she gives birth. Most pregnant workers usually stop working between 2 months to 2 weeks before their due date. The worker has told us that she has received medical advice stating there is no medical issue and that she can work right up to the date she goes into labour.

I have researched the law regarding maternity leave and understand that while the pregnant worker is employed, the employer owes a duty of care to the unborn child in addition to the worker. I can’t find anything relating to when a pregnant employee should stop working prior to giving birth.

Keeping both the worker and the unborn child’s best health in mind, is this legally allowed?