Maísa Ribeiro Vidal
Lawyer at Marcos Martins Advogados
On October 6, 2021 (Wednesday), the Chamber of Deputies approved Bill 2058/21, which establishes measures regarding the work of pregnant women during the pandemic, providing for a return to face-to-face activities after immunization against covid-19. The bill will now be sent to the Senate.
It is worth noting that the aforementioned bill was authored by deputy Tiago Dimas, and proposes changes to Law 14.151/21, guaranteeing pregnant women leave from on-site work, as well as full pay during the pandemic.
The bill was approved in substitute form, i.e. the original content of the proposal had been substantially altered, with the modification coming from the rapporteur, deputy Paula Belmonte, who guaranteed the pregnant woman’s leave from in-person work only in cases where there has not yet been full immunization (15 days after the second dose), allowing the employer the option of keeping the worker teleworking with full pay.
However, if the employer opts for the pregnant woman to return to in-person work, the worker must return to work in the following cases: the end of the state of emergency, as well as after vaccination – considering the day on which the Ministry of Health considers immunization to be complete – and in cases of miscarriage with receipt of maternity pay for the two weeks of leave guaranteed by the CLT.
Pregnant workers who refuse to be vaccinated against COVID-19 must return to work and submit a statement of responsibility to their employer.
According to rapporteur Paula Belmonte, the bill ensures that pregnant women can take time off work until immunization is guaranteed, thus bringing benefits to the productive sector.
However, if the pregnant worker is unable to carry out face-to-face activities, not even through teleworking and changes to her duties, the pregnancy will be considered risky until the employee completes immunization. Thus, during the period considered to be a high-risk pregnancy, the pregnant woman will receive maternity pay from the start of the leave until 120 days after delivery or, if the company is part of the Empresa Cidadã (Citizen Company) program to extend the leave, for 180 days, with retroactive payment to the date of publication of the future law being prohibited.
Therefore, until the bill is approved and comes into force, employers must maintain the measures for the leave of pregnant women, as established by Law 14.151/21, as well as by the Ministry of Labor, and it is of the utmost importance to monitor legislative changes and take legal advice to ensure that the legislation is correctly adapted to the company’s reality.
Marcos Martins Advogados is attentive to changes in legislation and is able to offer legal advice to its clients on issues related to Labor Law.
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