Protection of pregnant and breastfeeding women

Pregnant women enjoy certain protective measures: from the moment of hiring until they stop breastfeeding.

Pregnancy and hiring

During a job interview, pregnant women are not required to inform their prospective employer of their pregnancy.

If asked by their employer, they are under no obligation to disclose their pregnancy. Pregnancy is considered to be a private matter.

If a pregnant woman is hired, maternity protection only applies from the moment she informs her employer of her condition.

Informing your employer of your pregnancy

The law on maternity protection only applies from the moment a pregnant woman informs her employer of her condition.

You must inform your employer of your pregnancy by submitting a medical certificate attesting to the pregnancy and stating your expected due date. The employer must be informed at least 10 weeks before that date. The employer will forward the certificate to the appropriate health insurance fund.

If you are handing the certificate over to your employer, ask them to sign the duplicate or copy of the certificate, which you can then retain.

To prevent any risks relating to working conditions during your pregnancy, it is preferable to inform your employer as early as possible so that, if necessary, they can make adaptations to your working conditions or transfer you to another post.

Doctor's appointments during working hours

Pregnant women are entitled to attend antenatal appointments with their gynaecologist during working hours, without loss of earnings.

Exemption from work during pregnancy or breastfeeding

Certain jobs are considered hazardous to the health and safety of a woman who is pregnant or breastfeeding.

There are two distinct risk categories:

• jobs linked to risks due to physical agents,
• jobs linked to risks due to biological or chemical agents.

If a pregnant or breastfeeding woman is exposed to one of these risks, the competent occupational health practitioner may require the employer to make temporary adjustments to her working conditions or working hours.

If such an adjustment cannot be made, the employee must be transferred to another position without loss of earnings.

If it is not possible to assign her to another position, the occupational health practitioner can order an exemption from work for the pregnant or breastfeeding woman.

During her exemption from work, the pregnant or breastfeeding woman is entitled to a benefit similar to sick pay, paid by the health insurance fund.

Night work between 22:00 and 6:00

If the pregnant or breastfeeding woman does not want to work nights, because such work represents a danger to her health or safety, she must send a request to her employer by registered letter.

The employer must consult the occupational health practitioner within 8 days of receiving the letter.

The occupational health practitioner will issue advice within 15 days of being consulted by the employer. They will send their advice to both the employer and the employee in question.

If the occupational health practitioner believes that night work between the hours of 22:00 and 6:00 would be hazardous to the woman's health and safety, the employer must transfer the woman who is pregnant or breastfeeding (up until her child's first birthday) to a day job.

The pregnant woman's salary must remain the same. The health insurance fund will reimburse the employer for the difference in salary resulting from the transfer.

If it is not possible to transfer her to a day job or day shift, the employer must exempt the woman from work for the period necessary to protect her health or safety.

Pregnancy and overtime hours

Breastfeeding or pregnant women cannot be compelled to work overtime.

Protection against dismissal

A woman who is pregnant or has given birth is protected from dismissal with notice. Similarly, she cannot be summoned to a pre-dismissal interview. On the other hand, she is not protected from dismissal for serious misconduct.

Protection against dismissal runs from the first day on which the pregnancy is medically confirmed, to 12 weeks after the birth.

If the pregnant woman has not yet informed her employer of her pregnancy and receives a letter of dismissal, she can send her employer a medical certificate attesting to her pregnancy, by registered letter, within 8 days of receiving the letter of dismissal.

Within 15 days of receiving such a letter, the pregnant worker may, simply by writing to the Head of the Labour Court, ask for her dismissal to be nullified.

Termination of the contract and priority for re-employment

At the end of her maternity leave, the employee may terminate her employment contract without notice, and without having to pay a severance fee.

She is entitled to be given priority for re-employment, maintaining all the same benefits as she had at the time of termination, for a period of one year. If she wishes to be re-employed, she must submit a request to this effect.

Pregnancy and trial period

If the pregnant woman is on a permanent contract that includes a trial period, the trial period is suspended from the day of submission of the medical certificate until the start of her maternity leave.

The remaining portion of the trial period will resume at the end of the period of protection against dismissal – i.e. 12 weeks after the birth.

Seniority and maternity leave

Time spent on maternity leave is counted as time worked for the purposes of calculating a woman's seniority at her company. Thus, it must be taken into account in relation to the payment of a bonus, a 13^th month's salary or any other benefits.

Breaks for breastfeeding (or expressing milk)

A woman returning to work after her maternity leave and/or parental leave and who is continuing to breastfeed her child is entitled to 'breastfeeding breaks'.

Breastfeeding women are entitled to take two 45-minute breastfeeding breaks per working day; once at the start of the day and once at the end.

If the working day is only broken up by a 1-hour break, or the woman cannot breastfeed her child in the vicinity of her workspace, the two 45-minute periods may be conflated into a single period of 90 minutes for breastfeeding.

Breastfeeding time is treated as time effectively worked. Employers may ask for a medical certificate attesting that the woman is breastfeeding.

Annual leave and maternity leave

Time spent on maternity leave is counted as time worked for the purposes of calculating annual leave. Thus, the pregnant woman is entitled to annual leave during her maternity leave.

Accrued leave that has not been taken before the maternity leave can be carried forward, within the legal timeframe, to the period after her return from maternity leave. This means that it must be used up by the end of the year or, in keeping with the collective work agreement in force at the company, by 31 March of the following year at the latest.