Protection for pregnant or breast-feeding women
Whether I am a full-time or part-time employee, this page provides detailed information on the procedures to follow to ensure good working conditions during and after my pregnancy.
I can read about maternity leave (8 weeks before the expected date of childbirth and 12 weeks after childbirth) on the 'Maternity and paternity' page by clicking here.
Everything I need to know
- Conditions
- My steps
- My salary
In what situations can I obtain an adjustment to my working conditions or an exemption?
During my pregnancy or breastfeeding period, I can benefit from temporary accommodation if:
- I am exposed to dangerous biological or chemical agents;
- I am required to carry loads weighing more than 5 kg;
- My work requires me to stand or squat for long periods of time;
- I work at night, between 10pm and 6am.
Good to know: as far as the breast-feeding period is concerned, the necessary adjustments are maintained until the child's first birthday.
What measures can my employer take?
My employer, on the advice of the occupational health practitioner (médecin du travail), must:
- temporarily adjust my workstation (working conditions or working hours), or
- reassign me to another job, or
- excuse me from work if no other solution is possible.
What procedures do I need to take with my employer?
- Informing my employer: I must inform my employer that I am pregnant or breastfeeding. This can be done by sending a medical certificate by registered letter with acknowledgement of receipt, hand-delivered, or even by fax or e-mail.
- Requesting an adjustment or dispensation: If I am exposed to risks, I must request an adjustment to my workstation (conditions or time) or a dispensation from work, using the specific forms.
What procedures must my employer undertake?
- Assess the risks: My employer must assess the potential risks associated with my job, in collaboration with the occupational health physician (médecin du travail).
- Adapt my workstation or change my assignment: If risks are identified, my employer must either adapt my workstation or reassign me to another position to eliminate the risks.
- Carry out the administrative formalities: My employer must forward my request for exemption or adjustment to the occupational health physician and comply with the advice given by the latter.
It is then up to the relevant occupational health physician to assess the risks to my health and safety, recommend any adjustments (including a new assignment, transfer from a night shift to a day shift or exemption from work) and determine their duration.
What procedures do I need to undertake with the CNS?
In order to benefit from a dispensation from work, I must send the necessary documents to the CNS:
- a favourable opinion from the occupational health physician,
- a copy of my employer's request for an opinion,
- a medical certificate stating the expected date of childbirth.
I send it to:
Caisse nationale de santé
Indemnités pécuniaires
L-2980 Luxembourg
Detailed explanations can be found on the 'Protection of pregnant or breastfeeding women' page on Guichet.lu.
Will my income be affected?
Adapted working conditions or temporary assignment
If, because of my pregnancy or breastfeeding, I benefit from modified working conditions or a new assignment, my salary will be maintained. I will not suffer any loss of income.
Transfer to a day shift or dispensation from work
In both these cases, my employer must obtain a favourable opinion from the relevant occupational health physician. In order to receive compensation from the health insurance fund, they will need to provide a copy of this opinion and a medical certificate stating the expected term of pregnancy.
- Transfer from a day shift to a night shift: For such a transfer, my employer is required to advance my entire salary. The CNS will reimburse my employer for the difference in income.
- Exemption from work: If the impossibility of adapting my working conditions or offering me a temporary assignment or a day shift is duly justified, I will be exempted from work and paid directly by the CNS.
How do I ask my employer for an adjustment or dispensation?
There are a number of situations where specific procedures need to be undertaken, both by me as an employee and by my employer.
As the CNS is unable to provide me with precise details of the procedures to be followed between me and my employer, I refer to the Guichet.lu website for detailed information.
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