On March 09, Law No. 14,311/2022 was published, as an amendment to Law No. 14,151/2021, which establishes the rules for pregnant employees to remain absent from working on-site during the public health emergency due to the novel coronavirus (SARS-CoV-2) pandemic.
In summary, the Law provides that:
- During the public health emergency due to the novel coronavirus (SARS-CoV-2) pandemic, pregnant employees who have not yet been fully vaccinated against the novel coronavirus must remain away from on-site work, without prejudice to their remuneration;
- Pregnant employees must be available to their employers in order to carry out their duties from home, via telework, remote work or other forms of long-distance labor.
- Employers may alter duties carried out by pregnant employees in order to make remote work possible, as long as duties previously performed can be resumed once said employees return to on-site work; and
- Pregnant employees must return to on-site work in the event that: (i) they are fully vaccinated against the novel coronavirus; (ii) the state of public health emergency due to the novel coronavirus (SARS-CoV-2) pandemic ends; or (iii) they exercise their legitimate individual option for non-vaccination against the novel coronavirus (SARS-CoV-2).
In the event that a pregnant employee opts for non-vaccination, a liability agreement must be signed, freely consenting to the return to on-site work.
In light of the above, we must stress the importance of formalizing in writing any changes in labor conditions of pregnant employees, to avoid any labor-related litigation risks.
Demarest’s Labor and Employment team remains at your disposal should you need any further clarifications.