Maternity protection and breastfeeding

Maternity protection in a nutshell

There’s a baby on the way! If an employee tells you with a radiant smile (and a medical certificate) that she’s pregnant, a number of special protective measures enter into force:

• She is allowed to visit the doctor during working hours (if this isn’t possible outside working hours). 
  
  

• She is protected against dismissal until one month after her postnatal leave. 
  
  

• You may not require a pregnant employee to work nights during the last eight weeks before the due date or (if the employee has a medical certificate) for four weeks after the birth. 
  
  

• Pregnant and breastfeeding employees aren’t allowed to work overtime, other than in certain positions (e.g. senior management or strategic roles where absence would have a significant impact). 
  
  

• You may never discriminate against an employee on the basis of pregnancy. 

Mamma mia! Adapted work during pregnancy

As an employer, you are required to carry out a risk assessment to screen your workplace for risks to pregnant employees: chemicals, physically demanding work, night shifts and so on. This requirement applies even if no employee is pregnant yet (as far as you know). We’ll be happy to help you organise and follow up on this.

• Adapted working conditions

• Adapted schedule 

• Adapted task set 

• (or a combination) 

We’ll explore your options together. If you’re unable to follow the occupational physician’s advice for practical or organisational reasons, you must temporarily suspend the employment contract. Your pregnant employee will receive benefits from the health insurance fund during this period.

If your pregnant employee has to temporarily stop working, but is able to return to work thanks to the adaptations you’ve made, she must undergo another medical examination by the occupational physician 10 days after returning to work.

Is your employee allowed to breastfeed (or express milk) at work?

Absolutely. Breastfeeding employees are entitled to breastfeeding breaks (paid for by the health insurance fund) for up to 9 months after the birth: 

• 30 minutes per day of 4 or more working hours 

• 1 hour (or 2 x 30 minutes) per day of 7.5 or more working hours

Your employee must notify you of this 2 months in advance. During the period in which she takes breastfeeding breaks, she must submit a medical certificate every month as proof that she is breastfeeding. 

Breastfeeding at work: what do you have to do as an employer?

Provide a space where your employees can breastfeed or express milk discreetly. The following four requirements need to be factored in: 

• A sufficiently large room without any windows that provide a view into it 

• Hot and cold water 

• A comfortable chair and a refrigerator 

• Adequate ventilation, lighting and heating 

All of this should be arranged in close consultation with your risk prevention advisor or occupational physician. Mensura will be happy to help you make your workplace as safe and healthy as possible for all mothers (and mothers to be) in your workplace.