The stability of the pregnant woman in the work environment consists in maintaining the guarantee of employment while the professional is pregnant and, after the birth of the baby, during the months of maternity leave.
Some of your labor rights are:
- Maternity leave;
- Childcare assistance;
- Maternity pay;
- Release to take exams and consultations.
This issue has always generated frequent doubts among companies and the main one is whether or not it is possible to dismiss an employee in this situation.
Every day, many companies violate the rights of their pregnant employees for not knowing clearly what the law says. In these cases, employers end up suffering labor liabilities and being required to carry out the reinstatement of the employee or pay compensation.
The legislation guarantees the stability of the pregnant woman from the moment the pregnancy is confirmed. Even for situations where the professional is on a probationary period.
This issue is extremely important for business and must be carefully addressed by companies. If there is any abuse of rights, the corporation may suffer serious consequences.
Therefore, it is essential to be aware of all legal issues to ensure all the rights of pregnant employees in your company. In this post, we will discuss what these rights are and the main doubts in this situation. Follow:
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Rights that guarantee the stability of the pregnant woman
Every woman who is pregnant is protected by the Consolidation of Labor Laws (CLT). Therefore, HR must be aware of all the labor rights of pregnant professionals in your company.
To prevent mistakes from being made and the company from suffering any labor action, it is necessary to ensure that the Desktop does not pose any risk to the management or make the employee not have to leave the newborn because of work obligations.
But, after all, what are the labor rights of pregnant women? Let's clarify them below, check it out:
1. Maternity leave
According to the law, the period of maternity leave must be 120 days, without prejudice to the employee's job or salary. This benefit is guaranteed by the art. 7, XVII of the Federal Constitution.
For those companies that participate in the program called “citizen companies”, the employee will also have the term of her license extended for another 60 days.
2. Consultations and exams
The right to exams and consultations is also guaranteed so that the pregnant woman can be sure that everything is ok with her health and that of the baby. Thus, pregnant employees are exempt from working hours during the period specified in the certificate.
For this, the law guarantees the exemption from medical procedures for at least six consultations and other complementary exams.
3. Maternity Salary
To ensure the effective stability of the pregnant woman, the law guarantees her paid leave during the maternity leave. The employee is entitled to the Maternity Salary paid by the EHIC, for a period of 120 days.
The payment of this salary must be made directly by the companies, which are reimbursed by the social Security.
4. Role transfer
The pregnant woman can request her change of sector or activity, if her occupation could pose risks to her health or that of the baby. To fulfill this requirement, it is necessary to have a certificate from the company's occupational physician and the professional accompanying the pregnancy.
When the pregnant woman returns to work, after her leave, it is ensured that she resumes her role previously exercised.
From the moment of confirmation of pregnancy and up to five months after delivery, the stability of the pregnant woman in her job is guaranteed. This period is independent of the duration of maternity leave.
It guarantees stability even if a dismissal is made before the pregnancy is confirmed, but it is verified that the pregnancy has started before the employee leaves. Thus, the company must guarantee an indemnity over the total period of stability or carry out the employee reinstatement.
In cases where the pregnancy occurs within early warning, whether it is worked or indemnified, stability is also valid.
Another way to ensure the stability of the pregnant woman is through the childcare assistance. Those companies that have at least 30 women professionals on their staff must guarantee a kind of day care center for the breastfeeding period.
It is necessary to provide an appropriate place for employees to keep their children in care during the breastfeeding period. If the company does not have the infrastructure to install a nursery, there may be an agreement for the crèche reimbursement to cover the expenses of the one chosen by the employee.
Pregnant women are entitled to breastfeeding, including during working hours, after maternity leave until the child completes 6 (six) months.
It is provided to the pregnant woman, during the working day, two breaks, of half an hour each for a journey of 8 hours a day. In addition, it is permissible for the breaks to be joined, so that the nursing employee can arrive an hour later or leave an hour earlier.
8. Non-criminal abortions
In this situation, stability of the pregnant woman or maternity leave are not offered, as these measures are granted for the protection of the baby. However, in the case of non-criminal abortion, when proven by an official medical certificate, the woman is entitled to paid rest for 2 weeks.
The idea of this rest is to ensure that the employee can recover physically and psychologically after the situation.
Once you know what the rights of pregnant employees in your organization are, it is still necessary to know what the common questions are at that time. They require the company to be prepared so that it can give the correct guidance to its employees. See what they are:
Main doubts about the pregnancy of female employees
1. Is it possible to get a certificate before maternity leave?
The answer is yes. The obstetrician who accompanies the pregnancy can remove the employee from her duties if she considers that she is unable to work due to the pregnancy.
This leave does not count as maternity leave, as long as it takes place before the 36th week of pregnancy. After that, medical leave is already accounted for in maternity leave.
2. What is required to take maternity leave?
The employee needs to take the baby's birth certificate and yours work card in personal department from the company and confirm if there is a need for any extra documents.
3. Which employees are entitled to maternity leave?
All female employees, micro-entrepreneurs and self-employed professionals who contribute to Social Security (EHIC) have this right. It is enough that they have contributed for at least 10 months until the moment of the baby's birth.
4. What is the value of maternity leave?
The amount received by the employee is the same as her monthly salary before giving birth. For the cases of commissioned employees, an average of the salaries of the last months before the start of the leave is calculated.
5. Are adoptive mothers also entitled?
Yes, as long as they have a minimum of 10 months of contribution. For cases of adoption of more than one child, the period of removal is not cumulative.
6. Who pays maternity leave?
In cases where the leave lasts 120 days, the company must pay the full salary to the employee, passing on the EHIC part normally.
Now, when the company is part of the program “Citizen company”, the extra 60 days are paid in full by the company, which can then deduct the income tax.
For micro-entrepreneurs and self-employed professionals, the payment is made by the EHIC.
7. How is the employee's vacation entitlement?
When the employee has, at the end of her maternity leave, overdue vacation, the company can grant the 30 days of vacation after the period of leave if it wishes.
Now, in cases where there has been a vacation for more than 23 months, the company is obliged to take a vacation after the leave.
8. How long does the pregnant woman's stability last?
The stability of the pregnant woman lasts throughout her pregnancy. After delivery, the employee still has another 5 months of stability.
9. What happens if the professional resigns after maternity leave?
In this situation, the company may no longer charge the traffic ticket regarding the prior notice, if the employee does not intend to comply with it. However, if the organization so wishes, it is possible to demand compliance with the notice or payment of a fine for the period.
10. Can the employee who becomes pregnant in the experience contract be fired?
The pregnant employee cannot be exempted from the experience contract, except for just cause.
11. And when pregnancy happens on notice?
The employee has the guaranteed stability right of the pregnant woman, even if indemnified, since the period of notice is also part of the length of service for all legal purposes.
12. Is the pregnant woman required to inform her about her pregnancy at the job interview?
No. The company is prohibited from requiring this information or carrying out tests to confirm the pregnancy. This fact can cost the job vacancy, as the employer knows that, after a short period of work, the employee will be removed from the service. Therefore, the law prohibits the requirement of pregnancy certificates.
13. How can the company support pregnant women?
There are several ways for the company to support pregnant women. One of them has been gaining a lot of strength in the market and is a novelty in the UK.
We live in a time when HR must take on its multifunctional and strategic side for the qualification of its companies' workforce.
Often taking over the reins of conditions outside the work environment, but which impact on professional routine. It is the case of the financial well-being of employees.
And as an example of this practice, a new modality arrived in the UK residents market – the salary on demand.
The search CareerBuilder, conducted in 2017, attested that 78% of respondents are barely able to settle the bills with their salary.
In addition, of the more than 3,000 respondents, about ¾ of them also attested that they have one or more debts accumulated. Clear sign that something needs to change, do you agree?
O salary on demand is a modality that has been gaining strength in the market and aims to add flexibility so that employees are paid for hours worked but not yet paid. Something that greatly relieves the mothers-to-be, who are worried about the arrival of the new family member.
Let's look at a simple example: if the company is in the habit of making payments to its human resources only on the 30th, or on the fifth business day of each month, professionals are limited to that.
If an outstanding account will earn interest in that period when there is no more money in the account, the debts pile up. However, with the offer of salary on demand, the professional can receive payment for the days already worked whenever he wants. Best of all, it has the flexibility to plan your month.
We recommend that you read this article to better understand wage on demand. In it you will understand the features of HR Consultant UKy, a corporate benefit of payments on demand.
It is essential that the company guarantees the stability of the pregnant woman for its employees. All rights discussed above are protected by CLT and must be strictly followed by corporations. Supporting their female employees at this time is a great differential for their business and should be part of the organizational culture to guarantee the fulfillment of all rights.
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