There are several laws created to guarantee the well-being of workers, among them the pregnant woman's law aims at guaranteeing rights, as well as stability on the job, for women who become pregnant.
Although maternity leave is a benefit known to most people, other points are not always known. In addition to the importance for workers on the recognition of their own rights, for companies it is essential that these rules are very well known and applied, in order to avoid possible labor actions.
Therefore, we have prepared content for everyone to know in detail how the law of the pregnant woman works, in order to ensure that it is complied with correctly. Read on!
The guarantees of the law of the pregnant woman
The current UK residents labor legislation guarantees a series of rights for pregnant women to ensure that they are not harmed in the labor market due to pregnancy.
Through the CLT, several mechanisms are used to grant these rights to pregnant women. According to article 391-A w / art. 10, the pregnant woman has the right to a job guarantee from the confirmation of the pregnancy up to five months after delivery.
In addition, the law of the pregnant woman also seeks to ensure that changes in the routine of the future mother are not a setback for her performance in her work activities.
However, many of these standards are breached by corporations. That is why it is essential that the HR of your company know all of them so that labor lawsuits are avoided in the future.
The main rights of pregnant women
Below, you can see what are the main rights guaranteed by the law of the pregnant woman. It is worth mentioning that, with the Labor Reform approved in 2017, the law of the pregnant woman has undergone some changes. Even though, in general, these changes were few compared to other changes that have occurred, they provoke debates for their character.
The main guarantees of pregnant and lactating women with the law after the Labor Reform are:
1. Non-mandatory pregnancy diagnosis
Many companies require a woman to have an exam to diagnose that she is actually pregnant. However, this practice is not legal. According to article 373-A of the CLT no boss can compel the employee to undergo the test, not even in the admission or dismissal exam.
If, during the selection process, the candidate finds out about the pregnancy, it is an ethical conduct to inform those responsible for the recruitment.
2. Maternity leave
For 120 days from the eighth month of pregnancy, the law of the pregnant woman guarantees that the woman has maternity leave without any prejudice to her salary or to the position occupied.
In the case of pregnant women, receive a variable salary. The call maternity pay will be calculated based on the average of the last six months that the employee received.
It is also worth mentioning that the pregnant woman’s law allows maternity leave to extend, which is called extended maternity leave. With that, the benefit can reach 180 days (6 months).
The extended maternity leave is valid for companies that join the program Citizen Company, and ends up bringing benefits to both sides. While the woman will have more time to care for her newborn child, the organization may choose to deduct from the income tax the total full remuneration paid to the employee in the additional months.
It is important to inform that this law does not include small and micro companies, since they already have tax exemptions on the part of the government.
3. Guarantee stability
Another right that the law of the pregnant woman grants is the guarantee that the pregnant woman cannot be fired. This benefit starts from the beginning of pregnancy and lasts 120 after delivery. Therefore, the woman has the right to occupy the same position as before pregnancy, with the same salary, for five months.
The dismissal can only occur for a just cause, even for situations of collaborators in a trial period. In addition, if the dismissal happened before the discovery of the pregnancy, and the employee can prove that she was already pregnant before the dismissal, she can enjoy all the rights.
In such cases, the law of the pregnant woman ensures that the woman can be readmitted and has stability normally. Although, the woman has only 30 days to report the pregnancy to the company. She can still choose to receive compensation equivalent to the period of pregnancy plus the leave. The same is true when the pregnant woman discovers the pregnancy within the period equivalent to early warning (worked or indemnified).
Stability is a fundamental labor right that aims to protect women and children, and is based on the assumption that the professional will have greater difficulties in finding another job in the period close to childbirth, which can put her life and that of the baby at risk.
4. Right to monitor pregnancy
In Brazil, in addition to the right to maternity leave, the law of the pregnant woman allows time off from work for at least six medical appointments and other complementary exams during the period, such as prenatal care.
Medical consultations can be carried out when necessary, it is enough for the pregnant woman to present the medical certificate to the company to justify her absence.
It is possible to sign agreements with the employer, advising, whenever possible, the dates of the consultations so that the pregnant woman's tasks can be passed on to other professionals.
5. Breastfeeding intervals
Before the Labor Reform, the breastfeeding mother was entitled to two daily breaks to breastfeed babies up to 6 months old. Now, breastfeeding schedules can be individually agreed between the employee and the company.
6. Temporary role switching
Before, pregnant or lactating women were prohibited from working in an environment with any degree of unhealthiness (minimum, medium or maximum). With the Labor Reform, it is allowed to work in an unhealthy environment (minimum or medium).
Therefore, when the place is considered to be of maximum unhealthiness, the pregnant woman has the right to be removed or to change her role to carry out another activity within the company.
In places considered healthy, the removal or change of activity is only allowed if the pregnant woman presents a medical certificate.
7. Adoption
When a woman adopts a child, she also has the right to maternity leave. In cases where the child is up to one year old, the license is the standard: 120 days. If the child is between one and four years old, the leave will be only 60 days. In cases where the child is between four and eight years old, the benefit is 30 days. Lastly, for children over the age of eight, the entitlement is no longer valid.
The law of the pregnant woman is fundamental for women to guarantee their rights during this very special period of their lives, without major concerns in relation to work. For companies, it is essential to follow the legislation and contribute by ensuring that all rights listed above are followed correctly.
Now that you understand a little more about the law of the pregnant woman, take the opportunity to share this information with others through your social networks.
