Workstation layout for a pregnant woman
When a pregnant or breastfeeding woman is exposed to benzène, or another reproductive toxic chemical classified in catégories 1 or 2, (according to the French labor code L.1225-12 ) at her workstation the employer has to offer a job compatible with her state of health.
According to the below articles from the French labor code, when a pregnant woman is exposed to certain occupational risks and when the employer cannot offer another job without exposure to these occupational hazards, the expecting woman is entitled to receive full pay during her leave :
Occupational risks determined by legislation
- Reproductive toxic chemicals classified in catégories 1 or 2
- Exposure to the toxoplasmosis or rubella virus, except when it is proved the pregnant woman has sufficient personal immunity .
- Exposure to pest control products when the label bears either of the following instructions : they can cause heritable genetic damages or birth defects, or are classified carcinogenic, mutagenic, or toxic to the reproduction .
- Exposure to metallic lead and its compounds
- Works in a hyperbaric environment, in which [ pressure related to] the maximum pressure exceeds [pressure of] 1,2 bar.
This also applies to women who have given birth or for breastfeeding women but only during one month after returning from parental leave.
When the employer cannot offer another work position to the pregnant woman, he has to inform the pregnant woman and the occupational physician, in writing, his reasons for refusing. The employment contract is then suspended, except during statutory maternity leave.
When the contract is suspended the pregnant woman is entitled to receive 100 per cent of her wage. The salary consists of :
- daily allowance paid by Social security funds (according to the Social security code : article L. 333-1),
- which is supplemented by employer contributions ( ordonnance N° 2001-173 du 22 février 2001.)
According to the French labor code, L 1225-9 , the pregnant woman who usually has a night work can work during daytime if she wants or for health reasons.
A pregnant woman is not obliged to work during the night during her pregnancy and over a certain period following childbirth, subject to the submission of a medical certificate stating that this is necessary for health and safety reasons.
The labour doctor states, in writing, if it is necessary for the pregnant woman to work during daytime only for health reasons.
In case of redeployment to another position, the salary is maintained.
When the pregnant woman is exposed to other occupational risks such as carrying heavy loads, the occupational physician may request a redeployment to another position for her.
In any case a pregnant woman can ask to meet the occupational physician if her working conditions are too intense in order to consider modifying the working conditions in agreement with the employer.
If there is no possibility of redeployment, the pregnant woman will be entitled to a sick leave but will only receive daily allowance paid by Social security funds and not supplemented by employer contributions : it is different from the situation where there are occupational risks determined by legislation ( benzene, metallic lead, etc)
You can also read the following posts :
- Some professional exposures must be avoided during pregnancy
- Social welfare for pregnant woman
- Reinstatement visit after maternity leave
- Paternity leave