On Wednesday, the Chamber approved a bill that provides for the return of pregnant women to face-to-face work after they are immunized against covid-19. The text amends Law 14,151/21, which guaranteed the removal of pregnant women from face-to-face work with full pay during the pandemic, and is now being analyzed by the Senate.
The approved project is a substitute for the rapporteur, Deputy Paula Belmonte (Cidadania-DF) and guarantees the removal only if the pregnant woman has not been fully immunized, that is, a period of 15 days has passed after the second dose. There is currently no such criterion. The employer also has the option of keeping the worker telecommuting with full pay.
If the option is to return to face-to-face, the pregnant employee must return to work in the event of the end of the state of emergency; after your complete immunization; if she refuses to be vaccinated against the new coronavirus, signed a waiver; or if there is a miscarriage with receipt of the maternity allowance within the two weeks of leave guaranteed by the Consolidation of Labor Laws (CLT).
For the reporter, the text guarantees the removal while there is no protection of immunization and solves the problem of the productive sector. “Today, 100% is being paid by the productive sector and, often, the micro-entrepreneur is unable to make this payment. Several women want to return to work, as they often lose their wages because they earn commission, overtime,” said Paula Belmonte.
If the pregnant woman cannot exercise her occupation through telecommuting or other form of distance work, even with a change in her function, the situation will be considered as a risky pregnancy until she completes the immunization, when she must return to face-to-face work. During the period considered as a risky pregnancy, the worker will receive the maternity allowance from the start of the leave until 120 days after delivery or, if the company is part of the Citizen Company program for extended leave, for 180 days. However, there can be no payment retroactive to the date of publication of the future law.
* With information from the Chamber Agency
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