Supporting Pregnant and Breastfeeding Employees—What Employers Need to Know

The law is clear: employers have a duty to ensure that pregnant workers, new mothers, and breastfeeding employees are not exposed to any risks that could harm their health, their pregnancy, or their child.

The  Protection of Maternity at Work Places Regulations (S.L.646.5) (‘the Regulations’) outline the  employer’s obligation to perform a risk assessment to coordinate a proactive review of the workplace and identify anything that could pose a danger. This includes an assessment of the nature and degree of any hazard present at the workplace, together with the anticipated duration of exposure, as well as the resultant risks to the health and safety of the person concerned, the pregnancy and/or the child of a breastfeeding worker.

Both the physical and mental health of the worker are to be considered in such assessment! This makes the scope of the assessment broad, covering everything from posture and manual labour to exposure to certain chemicals, biological agents, and industrial processes. In fact, the law makes specific and non-exhaustive reference to various risk factors. There are also specific agents, processes and working conditions that pregnant workers must never be exposed to—such as lead, certain viruses, or working in pressurized environments. These are outlined in the Regulations.

If the assessment reveals any risks, the employer is legally required to inform the employee and act on the results! This may entail adjusting the employee’s duties, changing her working hours, or even reassigning her to a different role—without reducing her pay or benefits.

A pregnant worker is also entitled to paid time off to attend antenatal appointments if these need to take place during working hours, and to be exempted from night shifts if a medical certificate states that night work could be harmful.