Pregnant women – rights and obligations
Pregnant women have the obligation to notify the employer in writing, by bringing a medical certificate confirming the pregnancy. The certificate must be issued by their family physician or their gynecologist. From the moment the employer has been notified in writing, pregnant women are under maternity protection, as follows:
1) Risk analysis at the workplace, pregnant women are scheduled by the employer to undergo an examination by the occupational health professional who will issue a pregnancy report in which it will be mentioned whether the job requirements and responsibilities of the pregnant woman will endanger the normal development of the mother or the fetus.
If needed, the occupational health professional can propose to reduce the working hours of pregnant women by one quarter without affecting their salary, or transferring the pregnant worker to another post, in order to allow her pregnancy to progress normally.If it’s recommended to change the workplace and the employer has no other posts according with the recommendations, pregnant workers may benefit of maternal risk leave.
Maternal risk leave is granted before or after pregnancy leave and it’s issued by the family doctor or specialist doctor for a period that can’t exceed 120 calendar days. Disease Code for Maternal risk leave is 15, and the benefits are calculated at 75% of the average monthly gross income of the pregnant employee for the last 6 months prior to maternal risk leave.Monthly income has a ceiling set on 12 minimum wages, which at this moment is 1900 lei * 12 = 22,800 lei, meaning that if the employee’s income higher than 22,800 RON in one of the months, the calculation of the compensation is considered at 22,800 RON.
The compensation for maternal risk leave is paid by the employer and is fully supported by the Health Insurance Agency in which the employer resides. The compensation is granted without contribution stage.
2) Pregnant women can’t be forced to perform night work
3) They have exemption rights for check-up and consultation up to 16 hours / month, without affecting their salary, if the appointments can only be made during work schedule.
4) Dismissal protection– According to art. 21 of GEO 96/2003 regarding maternity protection at work, conjunction with art. 60 of the Labor Code, employers who are aware of the pregnancy status of the employee are forbidden to dismiss pregnant employees. If the employee does not notify the employer in writing about her pregnancy, the employer is relieved of any obligation to her.
Obligations of the employer
- To notify, within 10 working days, the health care practitioner that there are pregnant women at workplace and to schedule them for check-up,
- To notify, within 10 working days, the territorial labour inspectorate on which ray is operating
- To provide a copy of the report issued by the health care practitioner to the pregnant worker
- To keep the confidentiality of pregnancy for the months when it is not visible
Maternity leave
Maximum length of maternity leave is 126 calendar days which is usually divided into 63 calendar days before birth and 63 calendar days after birth. The two periods (before and after birth) can be compensated between one another provided that at least 42 days after birth are remaining. The 42 calendar days of maternity leave after birth are mandatory, the remaining can be waved according to the health condition of the employee.
For these 126 days the employee receives from family doctor or from the gynecologist medical leave with medical code 08 and diagnostic code 995; and maternity compensation is calculated at 85% of the average monthly gross income of the employee for the last 6 months prior to maternity leave.
Maternity compensation is paid by employer and is fully supported by the Health Insurance Agency in which the employer resides.
For maternity compensation no health or tax contributions are to be paid, the only thing retained is individual pension fund, called NHIH – National Health Insurance House.
Disabled women who got pregnant can request maternity leave from the beginning of the sixth month of pregnancy.
In the unfortunate event of the child being born dead, or the child dies during the 42 calendar day after birth, the maternity compensations is to be taken for the whole duration of the leave.
Can a contract of employment of a pregnant woman be terminated during probation period?
“Will I be fired if I inform my company that I got pregnant?” this is the most common question of women who got pregnant; better said, this is their greatest fear.
The Labor Code forbids pregnancy tests upon hiring and it allows the termination of the employment contract during the probation period according to art. 31 alin (3) by written notice at the initiative of either party, however GEO 96/2003 prohibits employers from dismissing pregnant employees for reasons related strictly to their physiological condition, so the pregnant employees who have informed in writing the employer about the evolutionary pregnancy cannot be dismissed during the probation period.However, if they are dismissed during thier probation period, they can challenge the decision of termination legally, in Court and they are exempted from the judicial fee.
