Can a pregnant employee benefit from a workstation adjustment?
Verified 17 June 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Yeah. Yeah. Pregnant employee may be fitted out from his workstation. She cannot work in a job exposed to particular risks or in working conditions hazardous to her health and that of the child. We explain to you in which situations this arrangement is possible and the conditions of its implementation.
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The health of the pregnant employee requires it
Pregnant employees may benefit from adjustments to their working conditions and may be temporarily assigned to another post if sound state of health requires it.
Pregnant employee works on a job exposed to a particular risk
Some activities include health risks for pregnant female employees and children. The employer must offer a position that is compatible with this situation.
It is forbidden to employ a pregnant woman, and in some cases a breastfeeding woman, in the following situations:
Exposure to certain chemicals
The female employee pregnant or nursing should not be exposed to certain chemicals, such as benzene or mercury.
Exposure to rubella virus or toxoplasmosis
The female employee enclosure must not be exposed to rubella or toxoplasmosis if she's not immune.
Exposure to ionizing radiation, cosmic radiation and electromagnetic fields
The female employee pregnant or nursing must not be exposed to ionizing or cosmic radiation and electromagnetic fields.
Exposure to relative pressure greater than 100 hectopascals (hyperbaric medium)
The female employee enclosure shall not be exposed to a relative pressure exceeding 100 hectopascals (hyperbaric medium).
Use of compressed air jackhammers
It is forbidden to employ a woman pregnant or nursing work carried out usingjackhammer type gear.
Using a Devil for Transporting Loads
L'use of the devil for the transport of loads is prohibited in the pregnant woman.
Please note
the pregnant employee who usually works at night may ask the employer to be assigned to a day shift during pregnancy.
The occupational doctor may also find that the night shift is incompatible with the employee's state of health.
The workstation may be adapted at the initiative of the employee. A medical certificate shall be provided to the employer in support of his application. The occupational doctor is competent to assess the need for assignment to another post in the event of disagreement with the employer.
The workstation may also be adapted at the initiative of the employer, after obtaining the opinion of the occupational physician.
The employer offers the employee a workstation layout or a assignment to other post.
The proposed employment shall take account of the opinion of the occupational doctor.
These measures are possible until the date of commencement of the statutory maternity leave and possibly for a maximum of 1 month after the return of the maternity leave.
They must not lead to decrease in remuneration.
If the assignment is proposed in a other establishment, the employee's agreement is obligatory.
FYI
access to the teleworking for the pregnant employee may be provided for in the collective agreement or the charter drawn up by the employer. In the absence of information, telework is possible if the employee and the employer agree.
Workstation exposed to particular risks
The employee shall be entitled to guarantee of remuneration if sound the workstation is exposed to the following particular risks :
- Chemicals (examples: benzene, mercury)
- Rubella virus or toxoplasmosis if the pregnant employee is not immune
- Ionizing radiation, cosmic radiation and electromagnetic fields
- Relative pressure greater than 100 hectopascals (medium hyperbaric)
Where it is not possible to arrange the workstation or to reclassify it, the employment contract shall be suspended.
The employer shall inform the employee in writing of the reasons preventing this temporary assignment. He shall also inform the occupational doctor thereof.
This suspension is possible until the date of commencement of the statutory maternity leave and possibly for a maximum of 1 month after the return of the maternity leave.
The guarantee of remuneration consists of a daily allowance paid by the CPAM: titleContent (subject to the anticipated length of pre-employment) and an employer supplement. The employee must be covered by the CPAM: titleContent in order to be eligible for the employer's supplement.
The additional allowance shall be calculated as in the case of an ordinary sick leave with the exception of seniority conditions.
Of treaty provisions may provide for more favorable conditions.
Other Workstation
In the event that the workstation cannot be arranged or reclassified, the employer shall inform the employee in writing of the reasons preventing such temporary assignment.
He shall also inform the occupational doctor thereof.
The employee is then referred to her attending physician. It will be able to benefit from sick leave until her maternity leave.
The latter will be compensated under the usual conditions of a ordinary sick leave.
Who can help me?
Find who can answer your questions in your region
- Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Labor Code: Articles L1225-7 and L1225-8Temporary changes of assignment for medical reasons
- Labor Code: Articles L1225-12 to L1225-15Temporary changes of assignment due to exposure to particular risks
- Social Security Code: Articles L333-1 to L333-3Allowances paid to women who have been released from work
- Labor Code: Article D4152-3Work involving exposure to biological agents
- Labor Code: Articles D4152-4 to R4152-7-1Radiation-exposed work
- Labor Code: Article D4152-8Work using machines of the pitching hammer type powered by compressed air.
- Labor Code: Articles D4152-9 to D4152-11Work involving exposure to hazardous chemical agents
- Labor Code: Article D4152-12Load handling
- Labor Code: Article D4152-29Hyperbaric interventions and work
- Labor Code: Article R4451-57Exposure to ionizing radiation on board an airplane in flight
- Labor Code: Article R1225-4Compensation guarantee temporary assignment changes
- Labor Code: Article L1222-9How pregnant employees can access a teleworking organization
FAQ
- Is a pregnant worker required to disclose her pregnancy to her employer?
- Is an employee entitled to pregnancy-related absences?
- Is a pregnant employee entitled to a reduction in her working hours?
- Can an employee breastfeed during working hours?
- Does a European national employed in France have the same rights as a French employee?
- Night work of a pregnant employeeService-Public.fr
