New rules regarding removal from work during pregnancy

pregnant New rules regarding removal from work during pregnancy

During your pregnancy or if you have given birth and / or breastfeeding, your employer may not let you work on certain work stations or production departments where you are exposed to risks to your health or your child can compromise. The employer should consider whether an alternative employment without health risks, possible. If this is not possible, you will need to temporarily stop working. Work and working conditions that are not appropriate during pregnancy such as noise exposure • • high temperature • chemicals • vibrations • risk of contamination • carrying heavy loads • night work. Job Elimination is possible both during pregnancy and after birth (up to five months after giving birth). The decision whether you are eligible for removal from work and its duration are determined by the occupational health. In case of a removal from work you entitled to a benefit from the fund that receives the wage loss. Previously there were two procedures : if the risk “list of occupational diseases” was, it turned a compensation fund for Occupational Diseases (78.237% of net wage). Was that not the case, given the employee an allowance of RIZIV (60% of the limited gross pay).That difference has now been lifted. Since January 1, all pregnant women at work removing entitled to be reimbursed, even for jobs that are not on the list of recognized occupational diseases occur.

Full and partial removal from work

exists complete removal from work if you do not work longer to perform.
There is apartial removal from work :

• Your employer assign an alternative job, but this brings loss of income with it,
• if you have multiple activities in paid employment (whether or not with different employers) and you are just one of those activities should stop working;
• You are employed and have a self-employment: the work must stop because the risks, the self-employed, you can continue because there are no health risks.
A partial removal from work, the procedure and benefits other than a complete removal from work. what benefit? The amount of your benefit depends on several factors: - Full or partial removal - period of removal from work (during the pregnancy or after delivery)

Full removal from work

If you are a pregnant employee is removed completely from the work, you will receive a benefit which 78.237% of your average daily wage is. This benefit is however limited to a maximum (capped at the SIB-wage ceiling). This is currently € 97.02 per day. You get that benefit from the first day of removal from work until the sixth week before the expected delivery date. Six weeks before the expected delivery date, the removal from work on maternity leave and also changes in your benefit. If you have more than one child is expected to receive reimbursement up to eight weeks before the expected delivery date. From the sixth / eighth week before the expected delivery date begins the period of maternity leave. For workers who have given birth work not resuming occupational because breastfeeding is the benefit 60 percent of the limited gross salary, with a maximum of € 74.40 per day.

Partial removal from work in the exercise of a custom activity with loss of pay receive an allowance equal to 60% of your average daily wage from your business before the measure of maternity protection. The wages of the custom activity that allowance deducted under certain income brackets: • a first installment of this professional is exempt, • half drive for 25% charged, • third disc is a 50% charge; • everything above is for 75% charged. The affects the amount of your benefit increases as your professional higher. If you have multiple be employed and you only have one of these two activities stop working, you will receive in principle 60% ​​of the average daily wage of the activity you had to stop. This benefit is limited to 60% of the sum of the average daily wages of the activities you have performed the measure of removal from work and when the average daily wage of the activity that you can continue, is deducted. The latter happens in certain income brackets: • a first installment of this professional is exempt, • half drive for 25% charged, • third disc is a 50% charge; • everything above is for 75% charged. The impact on the amount of your benefit increases as your professional higher.

How to apply?
You have a number of certificates needed:
• a certificate completed by the employer,
• a certificate of occupational health on the decision to mandatory removal from work,
• a medical certificate from your doctor:
- expected delivery date;
- if applicable : a statement that it is a pregnancy of a multiple birth. These certificates are on the website of the Belgian social security available in the category other domains. You send these certificates to your health , you will receive from the fund an information sheet and a certificate of return to work. The information sheet must be completed as soon as possible and return to the institution. Your employer will be asked to pay data directly from the fund. By eight days after the end of the removal from work, send proof of resuming work and return it to the fund.

Public sector

The new scheme does not apply to workers in the public sector and which the provisions of the Act of July 3, 1967 on compensation for industrial accidents and occupational diseases in the public sector to apply. The new provisions do apply to contract workers employed in the provincial and local administrations that are connected the National Social Welfare of the provincial and local administrations.

Breastfeeding Leave

 For the occupational work can not resume because you are breastfeeding, then you fall under the removal from work and you will thus benefit from the fund. However, if you themselves decided to stay home because of breastfeeding, you are not entitled to compensation from the fund. In this case you will remain unpaid at home, or you can rely on a system of time credit, to request from the RVA and unemployment institutions. More info: For more information, please contact your health insurance . On these websites you will also more

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