Protection for pregnant or breast-feeding women
Whether for a full-time or part-time job, detailed information on the procedures to follow to guarantee good working conditions during and after an employee's pregnancy can be found on this page.
In a nutshell
In accordance with Luxembourg legislation, pregnant or breastfeeding employees benefit from specific protection against the risks associated with their professional activity. This protection includes restrictions on certain tasks, such as:
- The transport of heavy loads,
- Working positions that are incompatible with their condition,
- Night work.
On this page, you can find out about:
- Situations concerned by an adjustment of working conditions;
- The procedure to be followed;
- Possible repercussions on the employee's salary.
Information on maternity leave (8 weeks before the expected date of delivery and 12 weeks after delivery) can be found on the ‘Maternity and Paternity’ page.
Everything you need to know
- Conditions
- Procedures
- Income
Adjustment of working conditions for pregnant or breastfeeding employees
Employees who are pregnant or breastfeeding may be entitled to an adjustment of their working conditions or an exemption in certain situations.
These adjustments may be requested if one of the following conditions is met:
- Exposure to dangerous agents: The employee is exposed to dangerous biological or chemical agents.
- Transport of loads: The employee is required to transport loads of more than 5 kilos;
- Risky postures: The work requires prolonged periods of standing or squatting, for example;
- Night work: The employee works at night, between 10 p.m. and 6 a.m.
Important: during the period of breastfeeding, the necessary adjustments are maintained until the date of the child's first birthday.
What measures can be taken by the employer?
On the advice of the occupational health practitioner, the employer must take the following measures to guarantee the safety and well-being of the employee:
- Temporary adjustment: Temporarily adjust the employee's working conditions or hours, or
- Reassignment: Reassign the employee to another position, if necessary, or
- Dispensation from work: Dispense the employee from work if no other solution is possible.
Procedures to be undertaken with the employer and the CNS in the context of pregnancy or breastfeeding
- Informing the employer: It is necessary to inform the employer of the pregnancy or breastfeeding. This information can be provided by means of a medical certificate, which can be sent by registered letter with acknowledgement of receipt, delivered by hand, or sent by fax or e-mail.
- Requesting an adjustment or exemption: If occupational risks are identified, a request for a job adjustment (working conditions or hours) or exemption can be made using the appropriate forms.
Procedures to be undertaken by the employer
- Risk assessment: The employer must carry out an assessment of the potential risks associated with the job, in collaboration with the occupational health physician.
- Adaptation of the position or reassignment: In the event of identified risks, the employer is required to adapt the workstation or reassign the employee to another position that eliminates these risks.
- Administrative formalities: The employer forwards the request for dispensation or adaptation to the occupational health physician and must follow the recommendations issued by the latter.
Then, the occupational health physician assesses the health and safety risks, recommends adjustments (such as a change of assignment or dispensation from work) and determines the duration of the dispensation.
Procedures to follow with the CNS in the event of dispensation from work
To benefit from dispensation from work, the following documents must be sent to the CNS:
- the favourable opinion of the occupational health physician,
- a copy of the employer's request for an opinion,
- a medical certificate indicating the expected date of delivery.
The documents should be sent to the following address:
Caisse nationale de santé
Indemnités pécuniaires
L-2980 Luxembourg
Detailed explanations can be found on the page ‘Protection scheme for pregnant or breastfeeding women’ on Guichet.lu.
Impact on income
Adaptation of the workstation or temporary assignment
In the event of adaptation of working conditions or a new assignment due to pregnancy or breastfeeding, the salary is maintained without loss of income.
Transfer to a day position or dispensation from work
For a transfer to a day job or for the granting of dispensation from work, the employer must obtain the favourable opinion of the competent occupational health physician. In order to receive compensation from the Health insurance fund, the employer will have to send a copy of this opinion, as well as a medical certificate specifying the expected date of delivery.
- Transfer to a day shift: When transferring from a night shift to a day shift, the employer pays the full salary and can request reimbursement from the CNS for the difference in income.
- Dispensation from work: If it is impossible to adapt the working conditions, temporarily assign the employee or transfer to a day shift, a dispensation from work can be granted, with direct compensation from the CNS.
How to request an adjustment or exemption?
There are several situations where specific procedures must be undertaken, both by the employee and by the employer.
It is important to note that the Fund does not provide precise details regarding the procedures to be followed by the employee and the employer.
Consequently, it is recommended that you consult the Guichet.lu website for detailed and precise information on the procedures to follow.
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