The new rules for the return of pregnant women to work during the pandemic are already in place. Sanctioned by President Jair Bolsonarothe law provides for a return to the face-to-face regimen after vaccination.
The absence from face-to-face work is only maintained for women who have not yet completed the vaccination cycle.
The new rule provides that the pregnant woman must return to face-to-face activity in the following cases:
– after the end of the state of public health emergency resulting from the coronavirus;
– after your vaccination against the coronavirus, from the day the Ministry of Health considers the immunization complete;
– if the pregnant woman chooses not to vaccinate, by signing a term of responsibility, committing to comply with the preventive measures adopted by the employer.
Despite the new rule, the employer has the autonomy to choose to keep the employee in remote work with full remuneration.
Freedom to vaccinate
The new law considers that the option not to be vaccinated is an “expression of the fundamental right to freedom of individual self-determination”. According to the measure, if you decide not to be immunized, the pregnant woman must sign a term of responsibility and free consent for the exercise of face-to-face work.
risk pregnancy
For cases in which the worker’s face-to-face activities cannot be carried out remotely, even if her functions are changed, respecting her skills and personal conditions, the situation must be considered as a high-risk pregnancy until the pregnant woman completes the immunization and can return to work. in person.
During this period, she must receive the maternity allowance from the beginning of the leave until 120 days after giving birth or, if the company is part of the Empresa Cidadã program to extend the leave, for 180 days. However, there can be no retroactive payment to the date of publication of the law.
vetoes
President Jair Bolsonaro vetoed the section that provided, in the case of return after miscarriage, the receipt of maternity pay in the two weeks of leave guaranteed by the Consolidation of Labor Laws (CLT).
It was also vetoed the provision of considering high-risk pregnancy in the event that work is incompatible with doing it at home through telework, remote work or otherwise at a distance. In this case, the project provided for the replacement of remuneration by maternity pay.
According to Bolsonaro, the proposition is contrary to the public interest, by instituting the granting of social security benefit for the maternity situation in a different way from that provided for maternity assistance.
* With information from the Senate Agency
