Pregnancy is a stage in which mother's work must be a safe place, both for her and for her baby in gestation, but so is the period of breastfeeding. And it is that sometimes, the working conditions, the schedule or the type of work that is performed can affect negatively, and it is important to detect it as soon as possible and find solutions.
Today we want to focus on analyze when there is occupational risk during pregnancy and lactation, and how to proceed in those cases. Remember that this right is included in the Law on Occupational Risk Prevention.
How to know if there is occupational risk during pregnancy and lactation
Article 26 of the Occupational Risk Prevention Law establishes how the existence of occupational health risk for pregnant women and nursing mothers, and what measures should the employer take in those cases.
So, if you are pregnant and consider that your work may put your baby's health or the development of pregnancy at risk, it is advisable to inform the company as soon as possible, in order to take the appropriate measures. The same happens if you are breastfeeding."The risk assessment shall include the determination of the nature, degree and duration of exposure of workers in a situation of pregnancy or recent birth to agents, procedures or working conditions that may negatively influence the health of women workers or of the fetus, in any activity capable of presenting a specific risk ".
In Babies and more When to announce pregnancy at work?If during the pregnancy or the period of breastfeeding, the conditions of your job or your job functions vary, a new risk assessment should be made.
What kind of jobs could put pregnancy and lactation at risk?
There are several factors that could negatively affect the normal development of pregnancy and the health of the baby, as well as breastfeeding:
Physical factors, such as extreme cold or heat, constant noise, vibrations, shocks, bad postures, standing for a long time, mental and physical fatigue ... Among these jobs would be, for example, those performed in cold stores, loading and unloading work , work with machinery that transmits vibrations ...
Psychosocial factors, which condition the normal and standard development of a pregnancy. In this line we would include those jobs with excessive demand, a high rate of activity, work stress, prolongation of working hours beyond the permitted hours ... For example, shift work, which causes important time differences in the periods of rest and sleep of Mother.
Chemical and biological factors, originated by the manipulation or exposure to certain chemical products or to certain working conditions that, without being dangerous a priori, can seriously compromise the health of the fetus and the mother. The full list of products that cannot be contacted during pregnancy or lactation is detailed in RD 39/1997 on Prevention Services Regulation.
In Babies and more Pregnancy and work: occupational risk preventionIn addition, as regards breastfeeding, the Breastfeeding Committee of the Spanish Association of Pediatrics has long developed a Guide on occupational hazards during breastfeeding, with advice, information and keys needed to make it possible.
In this regard, it is important to take into account the number of hours of separation between mother and baby, the facilities that are given to the mother so that the milk can be extracted and preserved correctly, and the labor fatigue. Thus, certain jobs with long or continuous hours, guards or night shifts could be a risk factor for breastfeeding.
In Babies and more Breastfeeding permit: what it is and what you should consider if you wish to request itHow to proceed in case of risk for pregnancy and lactation
If once the study is done, the results reveal that there is a risk to your safety and health, or a possible impact on your pregnancy or breastfeeding, the employer must take the necessary measures to avoid exposure to said risk, which would go through:
Adapt your working conditions.
Adapt your work time.
It could include, if necessary, measures such as no night work or shift work, as provided in article 26.1.
In Babies and more Working at night, even in shifts, is a risk for pregnant and nursing mothers, according to the European Court of Justice What happens if the occupational risk continues, or it is not possible to adapt the working conditions?
When the adaptation of the conditions or working time is not possible, or the risks continue despite the aforementioned, the employer must proceed as follows:
First, you must be assigned a different position compatible with your status, within your professional group or equivalent category, as long as the risk persists.
If this were not possible, You could be assigned to a job that does not correspond to your group or category, although in this case you will keep the set of compensation of origin.
In Babies and more Pregnancy and work: risk pregnancies and job change- But if the previous measure were not possible, it would proceed to suspend your risk contract during pregnancy. This suspension would last the time necessary to guarantee the protection of your health, and as long as the impossibility of returning to your previous position or another position compatible with your state persists.
In case of suspension of contract, which economic benefit corresponds to me?
As we can read in the 2018 Artemis Guide published by UGT, as long as you have the contract suspended for risk during pregnancy, You have the right to receive an economic benefit, equivalent to 100% of the regulatory base of the temporary disability derived from professional contingencies.
The management and payment of the economic benefit will correspond to the National Institute of Social Security or to the Mutual of Occupational Accidents and Occupational Diseases of the Social Security depending on the entity with which the company has the coverage of professional risks.
If you suspend your employment contract due to risk during pregnancy or breastfeeding, you must carry out a series of administrative procedures, -detailed in the USO Maternity Protection Guide, - to record your situation and the specific risk that the development of your pregnancy or breastfeeding runs.
In Babies and more The Supreme recognizes the provision of a flight attendant for breastfeeding risk Is it "the same as being low for risk pregnancy" as the "risk for pregnancy"?
Although the terms sound similar, these two meanings have nothing to do. In the case of "pregnancy risk", the source of the problem is the work itself, while "risk pregnancy" can be caused by multiple factors related to your health, physical conditions, or the development of pregnancy itself.
In this way, we can find a risky pregnancy at a high age of the mother, maternal diseases or problems in the fetus, a multiple pregnancy, a uterine malformation ...
If you have a risky pregnancy that prevents you from working, your GP will sign you out for temporary disability, which you must process through Social Security. The amount of the benefit in this case will be 60% of the regulatory base, from the fourth day of the withdrawal until the 20th inclusive, and 75% from the 21st day, provided that the minimum contribution period is met Social Security.
In Babies and moreThe labor rights of pregnant women
