Risk exists when the conditions of a job can adversely affect the health of a pregnant worker or of the fetus or, in the case of breastfeeding, of a child under nine months old. These conditions involve the inability to continue on the job, the company is responsible for demonstrating the existence of the specific risk of exposure through a risk assessment of the job. It is not an automated process; it requires an individual study in each case.
Beneficiaries are workers employed by others or self-employed workers, including those who work part-time, who are affiliated and registered with any of the Social Security regimes at the time that the employment contract is suspended due to Risk during Pregnancy or Breastfeeding.
- The employee should notify her employer about her pregnancy or breastfeeding. To do so, she must request from the National Health Service a medical report showing that she is pregnant and when the expected due date is.
- The employer should implement the preventive measures necessary to prevent the risk from existing. If this is not possible, the company should change the employee's job (this solution entails a 50% reduction on the company's contribution for non work-related injuries and non-occupational diseases of the contributions paid during the time the employee is in the new position).
- When this change cannot be made or, despite the change, the working conditions may adversely affect the health of the pregnant worker, of the fetus or of the breastfeeding child, the worker should request from FREMAP a certificate of risk during pregnancy that justifies the need to change jobs.
- The company should switch the employee's job, moving her to a position compatible with her pregnancy or breastfeeding. If this is not possible, the employment relationship will be suspended and the worker will request from FREMAP recognition of the benefit.
We should not confuse situations of Risk during Pregnancy or Breastfeeding with other situations in which the worker's inability to perform the job is the result of circumstances unrelated to the job or is due to an illness requiring medical treatment, in which case the benefit to be provided would be the benefit for Temporary Disability due to Non-occupational Disease.
A total of 100% of the benefits base for work-related injuries and occupational diseases applies. The right to receive the benefit begins the same day as the employment contract is suspended. The benefit will no longer be provided:
- The day before maternity leave begins.
- If the worker begins working in her job as usual.
- The day before the child turns nine months old (natural breastfeeding).
- When the employment contract is terminated.