Protecting pregnant women is essential for employers in order to comply with legal obligations, avoid legal risks and ensure a safe working environment. By being well informed, employers can protect their employees and strengthen trust within the organisation. Here are the main protective measures you need to know about.
Protection against dismissal
As soon as an employee informs her employer of her pregnancy, either verbally or in writing, no later than seven weeks before the expected date of childbirth, she is protected against dismissal. This protection extends until one month after postnatal leave, except for reasons unrelated to pregnancy.
Health and safety protection
Prohibition on performing certain work
Together with the company doctor, the employer must assess the risks for pregnant or breastfeeding employees. If risks are identified, the employer must adapt the working conditions, change the position or suspend the contract if no other solution is possible. If the contract is suspended, the employee receives sickness and invalidity insurance benefits. The same measures apply during the breastfeeding period, with a further medical examination eight days after the employee returns to work.
Refusal of night work
Employees may refuse night work (8pm-6am) for eight weeks before giving birth, with a medical certificate, and for four weeks after maternity leave. The employer must then offer daytime work or suspend the contract.
Prohibition on overtime
Pregnant or breastfeeding employees may not work overtime (more than 9 hours a day or 40 hours a week), with certain exceptions for certain positions of trust.
Right to leave
Pregnant employees may be absent from work for prenatal medical examinations during working hours, with their normal pay being maintained. A medical certificate may be required to justify the absence.
Appeal procedure
Against the employer's omission or decision
If the employer fails to take the necessary action, the employee may contact the prevention adviser, the Committee for Prevention and Protection at Work, or the union delegation. Appeals may be lodged with the Direction régionale du Contrôle du bien-être au travail (labour inspection) or with the Labour Court.
Against the decision of the prevention consultant - company doctor
In the event of a dispute, the employee may consult a doctor of her choice for a consultation with the company doctor and may lodge an appeal with the company doctor within seven working days of submission of the health assessment form.
Daniel Binamé, Development and Partnerships Manager, Partena Professional
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