Maternity Protection in the Workplace: Rights and Regulations
Maternity Protections
Today, it is considered that different treatment of employees is justified only for biological reasons (maternity, delivery, breastfeeding). In addition, there is a physiological basis to support this special protection. The fetus is particularly sensitive to external assault during the first trimester of pregnancy, and above all, during the first month and a half of gestation.
Employer Responsibilities
- Risk Evaluation: Note the steps and duration of pregnancy, given that it extends to childbirth or during periods of lactation. Certain risks can influence the health of the mother or the fetus. Risks can include physical or chemical agents, vibration, and noise that negatively affect sleep.
- Preventive or Protective Measures (3 phases):
- Adaptation of working conditions, including a change to working in nightclubs and preferably a change of shift.
- Change of position or functional mobility when the risk cannot be avoided in the first phase, and it is certified that the position generates risk. The employer cannot change the employee’s position under any circumstances.
- Reduction or suspension of the work contract. However, this option is best addressed in the previous phase.
A new provision states that to access economic benefits for risk during pregnancy, the same requirements will apply as for occupational disability due to common illness. The entity pays the same benefits as for occupational disability due to common contingencies from the time of contract suspension until the maternity leave period or until the employee returns to work.
It is a basic right of pregnant workers to refuse to perform work that poses a risk to the fetus or themselves.
Rights for Workers in Situations of Maternity Risk
- Maternity Leave: The minimum duration of rest is 16 weeks, with an additional 2 weeks for each child in the event of multiple births. Fathers can also enjoy this leave, either simultaneously or successively.
- Breastfeeding Leave: This is the right to a paid leave to disrupt the working day, although it is not exclusive to women. This leave is for mothers with children under 9 months.
- Leave for Prenatal Classes and Childbirth Preparation: Employees must notify their employer in advance. These leaves are required to be within the work schedule.
Guarantees
Dismissal due to pregnancy, breastfeeding, or related reasons is prohibited. Dismissals under these circumstances will be considered null and void. Similarly, non-renewal of a temporary contract under these circumstances will also be considered null and void. Dismissals will be considered null and void in the following circumstances:
- When dismissals occur during the period of contract suspension due to maternity, risk during pregnancy, or adoption.
- When dismissal occurs from the start date of pregnancy until the start date of the contract suspension period.
- When an employee requests leave for breastfeeding.