University of Pavia – Maternity e paternity
As specified in D.Lgs. 81/08 Law, in all companies with at least one worker, the employer is required to carry out a risk assessment for pregnant workers, in order to evaluate any dangerous situations and the measures to be implemented both for workers in the company and in the event that women are hired at a later time.
Once the pregnancy has been ascertained, workers are required to promptly notify the employer.
The employer, the University Safety Team Responsible, the Workers’ Safety Representative and the competent doctor, togheter evaluates:
the various tasks envisaged
the exposure to all potential risks
the presence or absence of risks associated with pregnancy
the structural characteristics of the various work areas and the related risks
the adequate protection and prevention measures
Furthermore, the assessment takes into account risk situations associated not only with the pregnancy period but also with the puerperium and breastfeeding.
Particularly risky jobs and activities are reported, which cannot be carried out by pregnant women. Article 7 of D.Lgs. 151/2001 Law, in fact, prohibits “assigning pregnant female workers to transport and lift weights, as well as to dangerous, tiring and unhealthy jobs”.
In this sense, among the most common risky jobs during pregnancy are:
- jobs that expose to ergonomic risks (manual handling of loads, carrying and lifting weights, biomechanical overload of the upper limbs)
- work in a prolonged upright posture (for more than half of the working hours)
- work on ladders, scaffolding and platforms
- work on board means of transport (forklifts, planes, buses, etc.)
- work that exposes to physical risks (vibrations, noise, artificial optical radiation, etc.)
- work at night
- work carried out at very high or very low temperatures
- work at heights or in confined spaces
- work that exposes to biological, chemical or carcinogenic risks
- work that exposes to work-related stress risks
If possible, the employer may assign the pregnant worker to another compatible task, for the period in which the ban is provided, in order to avoid exposure to the risk or by changing the working hours, conditions or place of work. Furthermore, the current regulations establish that, even if she is assigned tasks that are lower than her usual ones, the worker “retains the remuneration corresponding to the tasks previously performed, as well as the original qualification”.
In general, for activities in which the period of abstention from work is not already defined by law, it is important to consult the Occupational Doctor or the Own Specialist Doctor.
In the case of prohibited work during pregnancy, the employer considers:
- assigning the worker another compatible job that does not expose her to risks
- modifying the working conditions, working hours or place of work, always with a view to avoiding exposure to risks
- if this is not possible, proceed with sending the request for early prohibition to the Competent Organization
Maternity leave, for female workers, generally runs from two months before to three months after the date of birth.
However, at the request of the worker and with the consent of the treating gynecologist and an extraordinary medical examination by the Occupational Doctor, the leave can be postponed up to cover the five months following the birth.