S.L. 452.91 Art. 3Employmentrights and special maternity leave.

(1) In this regulation, employee includes ''pregnant employee'', ''employee who has recently given birth'' and

''breastfeeding employee''.

(2) The employee’s employment shall be ensured and her wages shall not be less favourable than those stipulated in her contract of employment when an employer takes measures to protect the health and safety of an employee, after a risk assessment has revealed a risk to the safety or health or an effect on the pregnancy or breastfeeding of the employee.

(3) The measures referred to in the preceding subregulation include:

(a) the temporary adjustment of the working environment and, or the hours of work of the employee concerned;

(b) the assignment of the employee to suitable alternative work which is appropriate for her to do in the circumstances, in the event that the adjustment of her working conditions and, or hours of work is not technically and, or objectively feasible, or cannot reasonably be required on duly substantiated grounds: Provided that an employee who, without justification, refuses to perform suitable alternative work provided by her employer which is considered acceptable in the circumstances by the Occupational Health and Safety Authority, shall not be entitled to any remuneration referred to in subregulation (5) during her special maternity leave: Provided further that when the reason for the measures taken in terms of subregulation (3) no longer remain valid, the employer shall endeavour to reassign the employee to the same job or when this is no longer possible for a valid reason, to equivalent or similar work which is consistent with her original contract of employment.

(4) If the employer acts in accordance with the General Provisions for Health and Safety at Workplaces Regulations but is still unable to comply with the provisions in subregulation (3), the employee concerned shall be given special maternity leave by the employer for the whole of the period necessary to protect her safety or health, without prejudice to her other entitlement by virtue of regulation 6 and regulation 7.

(5) During the special maternity leave referred to in subregulation (4), the employer shall pay the employee, for the whole of the period necessary to protect the employee’s safety or health, a special allowance equivalent to the rate of sickness benefit payable in terms of the Social Security Act: Provided that the employee shall remain entitled on termination of the special maternity leave, to all benefits which may accrue to other employees of the same class or category of employment at that place of work.

(6) If an employee to whom leave has been given under subregulation (4) as being an employee who is breastfeeding ceases breastfeeding, she shall, at the earliest practical time, notify her employer in writing that she has so ceased.

(7) Without prejudice to subregulation (6), if, during a period of special maternity leave given to an employee, the employee becomes aware that her condition is no longer such that she is vulnerable to the risk by virtue of which she was given the special maternity leave, she shall at the earliest practical time notify her employer in writing that she is no longer at risk.

(8) Where an employer receives notification from an employee under subregulation (6) or (7) and has no reason to believe that, if the employee returned to work, she would be vulnerable to risk as an employee to whom these regulations apply:

(a) the employer shall take all reasonable measures to enable the employee to return to work in the job which she held immediately before the start of her leave and shall then notify her in writing that she can resume work in that job; and

(b) the special maternity leave given to the employee shall end seven days after the notification under paragraph

(a) is received by her or, if it is earlier, on the day she returns to work.

(9) If, during a period of special maternity leave, her employer -

(a) either takes whatever measures which are necessary in terms of the General Provisions for Health and Safety at

Workplaces Regulations to ensure that she will no longer be exposed to any risk by virtue of which she was given the special maternity leave or becomes able to move the employee referred to in subregulation (2), and

(b) notifies the employee in writing that she can return to work without exposure to that risk or, as the case may be, that other work is available to her which is suitable for her as mentioned in subregulation (3)(b), the special maternity leave shall end seven days after the notification under paragraph (b) is received by her or, if it is earlier, on the day she returns to work or, as the case may be, takes up the other work.