Protecting pregnant workers

and new mothers

PROFFESOR
PhD .CĂTĂLIN ȚACU
STUDENT

AXINTE ANA-MARIA

FACULTY GRADUATION

UNIVERSITY OF “ALEXANDRU IOANCUZA” IASI - FACULTY OF LAW

Table of Contents
Abstract ............................................................. 3
Situation of pregnant workers ........................... 3
Legal framework ............................................... 4
Conclusions ....................................................... 5
Bibliografie: ...................................................... 7
Abstract
On this essay, I will focus on the protection on pregnant women situation before and after the
birth, and also to the Directive that is imperatively applied in all EU countries.
Nowadays, there are special regulations and specific laws that protect the pregnant workers and
also the new mothers or breastfeeding mothers. But if we look behind on the history, this aspect
was long time neglected, along with other aspects, like equality of men and women, the right to
vote, discrimination, and others. Although, in some countries this aspects arestill neglected this is
another real problem which I will not discuss it here.

When a working woman is already seen as an outsider, her pregnancy and any requests for
modification of its pregnancy-related tasks can be considered as being additional evidence that
work is inappropriate for women, employers refuse to provide accommodation. Though,
accommodations are often cost-free or reduced costs for the employer.

Situation of pregnant workers

Just a few decades ago, pushing pregnant women out of the workplace was both ordinary and
legal. Between 1961 and 1965, for example, 44 percentages of mothers who worked for the first
time during pregnancy was pushing out from work; in contrast, between 2006 and 2008, nearly
two-thirds of first-time mothers worked while pregnant.1
Most of the pregnant women will never need adjustmentat work, but others will not be able to
continue that wayhad before pregnancy. Pregnant workers in jobs thatrequire physical activity
are particularly vulnerable to beingforced out of work because they can represent some
“challenges” during certain stages of pregnancy. In most of thecases, slight changes in the job
would allow these womento continue to work without the risk to harm themselves or their
pregnancy. When employers refuse make theadjustments, pregnant women are forced to do the
impossible choice between protecting their health and their jobs.

These women are often surprised to find that their employers do not want to make even the
smallest changes and are shocked that so many employers do not recognize that they break the
law by denying these accommodations.

In some jobs there are risks that can affect the health and safety of new ones and expectant
mothers and their child and there are specific laws calls on employers to protect the health and
safety of new and pending mothers.

The mothers may be at risk due to processes, working conditions or physical, biological and

1
https://www.census.gov/prod/2011pubs/p70-128.pdf
physical conditions, chemical agents and these risks will vary according to the health and
different health pregnancy stages. It is very important to provide them with written notification
as early as possible. After they received the notification, your employer may review the initial
risk assessment to identify if you need to do more to make sure you and your child are not at
risk.
Pregnancy is not a disease, but employees can endanger their health and the child of their own
when working in an office - for example, if you are exposed to constant stress.
Pregnant workers that are working in inflexible, physically demanding, or also risky jobs are
particularly more likely to need accommodations to continue working safely.

Legal framework
 Council Directive 92/85/EEC of 19 October 1992

The Directive started to be applied since 24th of November 1992.

The purpose of this Directive 92/85/EEC of October 1992, regarding the pregnant workers is to
protect the health and safety of women at work when they are pregnant or after recent birth, and
women who are breastfeeding.

The objective of this directive seeks to protect the health and safety at work of pregnant women,
newly born women, or nursing women.
According to the Directive, EU countries have the obligation to notify employers and workers of
the European Commission's guidelines on health and safety risks related to the presence of
hazardous industrial substances and processes. In the cases where risks are identified, employers
are required to take measures to protect the workers, for example by giving them free days or
transferring them to another post. If free days are assured, the employer must ensure that the
rights attaching to the employment contract are respected and provide an appropriate allowance
to compensate for any income loss.Also, pregnant workers are not required or obliged to take a
night shift, subject to the presentation of a medical certificate.Pregnant workers are entitled to
remuneration for prenatal medical consultations during working hours.The directive establishes a
14-week maternity leave, of which two weeks of prenatal leave.Women will not be dismissed
from work because of pregnancy and maternity.
There is also an amendment to the Directive 92/85/EEC - European Parliament legislative
resolution of 20 October 2010 on the proposal for a directive of the European Parliament and of
the Council amending Council Directive 92/85/EEC on the introduction of measures to
encourage improvements in the safety and health at work of pregnant workers and workers who
have recently given birth or are breastfeeding .
So to the article 1a is inserted “This Directive also aims to improve the conditions for pregnant
workers and workers who have recently given birth to remain in, or return to, the labour market
and to ensure better reconciliation of professional, private and family life”, whilst the 1st article
states:“The purpose of this Directive, which is the tenth individual Directive within the meaning
of Article 16 (1) of Directive 89/391/EEC, is to implement measures to encourage improvements
in the safety and health at work of pregnant workers and workers who have recently given birth
or who are breastfeeding”. As we can see, the latest amendment is encouraging the return to the
labour market by assuring support of all aspects, starting with professional, private and also for
the family life. This is a new change, as I think that good life-work balance is the key to ensure
that all new mothers should be, support (all kind of support, starting with psychological,
social,etc.) so they can reintegrate natural and fast to the job they have left, or to a new one.
The entitlement of a woman on maternity leave to return, after the end of that leave, to her job or
to an equivalent post is laid down in Article 15 of Directive 2006/54/EC of the European
Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal
opportunities and equal treatment of men and women in matters of employment and occupation.2
Women should therefore be protected against discrimination on the grounds of pregnancy or
maternity leave and should have adequate means of legal protection in order to protect their
rights to decent working conditions and a better balance between family life and professional
ones. (DIRECTIVE 2006/54/EC on the implementation of the principle of equal opportunities
and equal treatment of men and women in matters of employment and occupation)3.
At is is stated in the article 21, a post named “equivalent” should mean that is the same as the
former post, regarding both the salary paid and also to the duties that are performed. Where this
is not possible, a similar post corresponding to the worker’s qualifications and also to the
existing salary.4

Conclusions
Clear policy guidance, laws, and employers protecting the right to reasonable accommodation for
pregnant workers in need will help to put an end to the serious physical ,economic, and
emotional difficulties suffered by pregnant workers and their families when women are pushed
off the job, and afford pregnant women the equal opportunity that they disserve.
Taking into account that we live in a time when all areas of activity are developing rapidly,
information is increasingly dynamic, and changes in the work environment and work content
are frequent, newly born workers tend to be disadvantaged and left somewhat out of the "trend."
Because the time I can spend away from work - sometimes keeping almost nonerelated to the
work environment - can be long (up to 2 years for those who after the leavematernity choose to
go into maternity leave), they tend to lose contact with new developments domain and new
information.
Starting the Directive 92/85/EEC of 19 October 1992on the introduction of measures to
encourage improvements in the safety and health at work of pregnant workers and workers who
have recently given birth or are breastfeeding, directive 2006/54/EC of the European Parliament
and of the council of 5 July 2006 on the implementation of the principle of equal opportunities
and equal treatment of men and women in matters of employment and occupation, and other
national laws, pregnant women and new mothers started to be protected at workplace. Though, I
2
https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=uriserv:OJ.L_.2006.204.01.0023.01.ENG&toc=OJ:L:2006:204:TOC
3
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32006L0054
4
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52010AP0373
personal think that more transparency should be applied, and more information to the pregnant
worker, as there are still mothers that do not know that they can be protected, or they do not have
the courage to step on to get the law applied, and suffer of being pushed off the job.
Bibliografie:
Books:

1. Maternity leave: Policy and Practice by Victoria Gordon

Directives:

1. Council Directive 92/85/EEC of 19 October 1992 on the introduction of

measures to encourage improvements in the safety and health at work of
pregnant workers and workers who have recently given birth or are
breastfeeding

2. DIRECTIVE 2006/54/EC OF THE EUROPEAN PARLIAMENT AND OF

THE COUNCIL of 5 July 2006 on the implementation of the principle of equal
opportunities and equal treatment of men and women in matters of employment
and occupation -

Internet:

1. https://www.census.gov/prod/2011pubs/p70-128.pdf - Maternity Leave and

Employment Patterns of First-Time Mothers: 1961–2008 - U.S. Department of
Commerce Economics and Statistics Administration U.S. CENSUS BUREAU
Washington, DC 20233 OFFICIAL BUSINESS