The Chamber of Deputies approved at dawn this Thursday (17) a project that makes the return of pregnant women to work in person more flexible and that determines the return to face-to-face activities of pregnant women who choose not to vaccinate.
The text, which is being sanctioned by President Jair Bolsonaro (PL), also establishes that pregnant women who have not completed the immunization may remain away from face-to-face activities.
The text makes the law of May 2021 more flexible, which says that, during the public health emergency of Covid-19, pregnant women must remain away from face-to-face work activities, without prejudice to their remuneration. According to the text, the pregnant woman will be able to carry out activities remotely.
The rapporteur, deputy Paula Belmonte (Citizenship-DF), rejected the amendments made by the Senate and which sought to soften the text. One of the discarded changes was intended to exclude pregnant women with comorbidities who are in a risk group for coronavirus from the chances of returning to work in person according to the National Immunization Plan.
In addition, the senators had excluded the possibility that the pregnant woman would not choose to be immunized and return to face-to-face work.
With the rejection of the Senate’s changes, the deputies resumed the text of the Chamber.
According to the project, the employee on leave for not having completed the immunization against Covid-19 will be available to carry out activities from home, through telework, remote work or other form of remote work, without this affecting their remuneration.
The project gives the company the possibility to change the role performed by the pregnant woman in remote work, but without changing the remuneration. The company will have to respect the competences for the performance of the work and the personal conditions of the pregnant woman for the exercise of the task. When she returns to face-to-face activity, the employee will be assured of resuming her previous role.
Unless the employer opts for the pregnant woman to work remotely, she must return to face-to-face activity after the end of the public health emergency resulting from the new coronavirus or after completing the vaccination cycle.
The text also provides for the return if the pregnant woman refuses to be vaccinated or if there is an interruption of pregnancy, with the receipt of maternity salary.
The pregnant woman who refuses to be vaccinated must sign a term of responsibility and free consent to work in person and will need to commit to complying with all preventive measures adopted by the employer.
The bill says that the option not to be vaccinated is an expression of the fundamental right of freedom of individual self-determination, “no restriction of rights can be imposed on the pregnant woman who chooses not to be vaccinated.”
“An ode is being made, a banner to denialism, to the so-called freedom of not being vaccinated”, criticized deputy Erika Kokay (PT-DF). “Another life is going on too, not just women’s lives.”
The rapporteur defended her opinion and stated that the objective is for pregnant women “to be able to find a job, return to work and continue producing.”
“We also need to serve this micro-entrepreneur, this small trader, because we know that, unfortunately, the country’s economy needs strengthening.”
According to the text, if the nature of the work is incompatible with remote activity, the pregnancy may be considered at risk until the pregnant woman completes the immunization. In lieu of remuneration, she will receive maternity pay from the beginning of the leave until 120 days after childbirth or a longer period, in cases of extension.
The pregnant woman who fits this hypothesis must return to face-to-face work if she completes the immunization or if the public health emergency ends. This will also occur if the pregnant woman refuses to be vaccinated or if the pregnancy is terminated. When she returns to face-to-face work, she will no longer receive the maternity pay extension.
The payment of the extension of the maternity salary will not have retroactive effect.
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