The 10 labor rights that a pregnant woman has

A key moment arrives in the life of any pregnant worker and this entails the eternal doubt, what are the rights while pregnant? But due to the great instability of the labor market in Spain, what many pregnant women ask themselves is: what happens if I am pregnant and have a temporary contract?

Although it does not end there, what happens if I am fired in a state of good hope? Is there a right to collect compensation? Can I be reinstated? But in terms of labor law, other aspects of special relevance are also raised, such as how much is breastfeeding.

To answer all these important labor questions in anyone's life, the first thing to remember is that maternity and paternity leave has been equal to 16 weeks for both parents, from January 1, 2021 what is regulated in the BOE. Specifically, it does so in Royal Decree-Law 6/2019, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation.

These are the 10 labor rights of pregnant workers

Before beginning to enumerate the 10 rights in the labor activity of women while pregnant, it is essential to know that pregnant workers enjoy what is known in terms of rights such as maternity protection.

This mechanism serves to protect this vulnerable group and begins to work automatically from the moment the pregnancy occurs, even before the company is aware of the news. Taking all this into account, below we show the 10 rights that all pregnant women have in their workplace.

There is no obligation to communicate the pregnancy on a certain date

Pregnant women do not have a legal obligation to communicate the pregnancy on a specific date. The truth is that there is no law in Spain that requires announcing the pregnancy at a specific time of gestation. Although in an act of good faith, it is advisable to announce the expected date of the baby's birth with sufficient time.

The objective is that the company can organize the activity during the material leave and apply the rights that belong to the surrogate mother. However, in the event that the working conditions pose a risk to the fetus, it is mandatory to notify the employer so that they can change to a job that is exempt from these dangers for the mother. It is even possible to suspend the employment contract with the intention of receiving the benefit for risk during pregnancy.

16 weeks of maternity leave: 6 uninterrupted

The right to maternity leave is included in the Workers' Statute in article 37.4, but it was reformed this year of 2021 "so that both parents can enjoy it simultaneously". Therefore, fathers and mothers will have the right to enjoy 16 weeks of maternity and paternity leave, being able, in the case of the mother, to enjoy 10 weeks during pregnancy.

The other 6 remaining weeks must be taken after childbirth, since it is a fundamental and inalienable rest period to ensure and protect the health of the son or daughter before, during and after pregnancy. This leave will be extended by two more weeks in the event of the child's disability. Also for each son or daughter from the second in cases of multiple birth, one for each of the parents.

Right not to be fired

The employer, even if he does not know the worker's pregnancy status, cannot fire her for this reason. Dismissal without just cause from the date of the beginning of the pregnancy is considered invalid dismissal. Spanish legislation presumes that since there is no other justified cause, the real cause is the pregnancy itself and hence it is declared null. If not, in addition, the employee must be readmitted to the position she held in the company, as well as pay the processing wages. Moreover, the employer could be sentenced to pay an amount for the moral damage suffered by the worker.

Holiday not enjoyed

Despite sick leave, paid leave or the maternity benefit, the pregnant woman has the right to enjoy all the vacation days that correspond to her, without prejudice to the days that she is sick. Moreover, if the vacation period set by the company coincides in time with a temporary disability due to pregnancy, childbirth or breastfeeding or with the period of suspension of sixteen weeks of maternity leave, the worker will have the right to enjoy the vacations on a different date even if the calendar year has ended once the temporary incapacity or maternity leave you are enjoying ends.

Reduction of working hours per child

Working women have the right to reduce their working hours to care for a son or daughter under 12 years of age, which will correspond to a proportional decrease in the established salary. In addition, both the father and the mother will be able to enjoy a reduction in the working day that can comprise a maximum of half the daily working day.

Risks during pregnancy

The company has the obligation to eliminate the risks that the position may bring, if this is not possible, it must change the worker to a different job that is exempt from said risks. If this is not possible, in this case, the employment contract can be suspended, work can be stopped and the benefit for risk during pregnancy can be received, which replaces the salary that is not received.

nursing leave

Maternity leave also brings with it breastfeeding leave. Therefore, the nursing permit grants the worker a one-hour break from the day of reincorporation until the child is nine months old. During these measures, the protection against dismissal will remain in force.

Benefit for risk in pregnancy

It is an economic benefit that Social Security approves and pays for pregnant women who cannot carry out their work normally, due to possible risks to the health of the fetus or the mother herself. The purpose is to protect both the pregnant woman and the baby from problems arising from the job. In these cases, those women who develop activities of action or contact with dangerous materials, are normally forced to request it. The requirements to receive help for pregnant women are: