The law protects pregnant employees when their job may be harmful for their health or that of the baby they are expecting. Some jobs are directly incompatible with pregnancy, such as professions that involve contact with certain chemical or biological agents, or exposure to radiation that may harm the fetus.
When the work activity involves a risk for the pregnant employee or the fetus, the law obliges the company to modify the work conditions to avoid these risks.
If the employer cannot modify the conditions of the post or offer a suitable alternative work, the pregnant employee should be given medical leave, and she will receive a benefit for risk to the pregnancy, equivalent to 100% of the regulatory base (a daily amount obtained from dividing the salary before deductions in 30 days).
For this reason, in the first visit to the gynecologist, the practitioner will ask the mother about her work conditions, in order to assess the situation and identify any changes that are necessary.
However, if a pregnant worker has a certificate from their doctor that specifically states that working at night may harm the health of the mother or the baby, the mother may request a change of shift. Article 26.1 of the Law on Occupational Risk Prevention, contemplates night work and shift work as conditions that may represent a pregnancy risk.