A woman’s life is an endless roller coaster, full of challenges and butterflies in the stomach. This is true in love life, keeping up with self-care, and especially in professional life, even more so when motherhood comes knocking. The uncertainty of how to act from that moment on and what to expect after a positive pregnancy test is a major concern for women, along with many doubts about pregnancy job security and whether their professional career will end at that point.
These fears are even greater for women who have just started working at a company or are still in the process of being made permanent or in temporary service. In the past, it was very common for women to lose their jobs during the probation period when a pregnancy was discovered, and if their employment was not officially registered, there was nothing they could do. But today, the law has changed, and pregnancy job security now extends beyond those with official registration or permanent contracts.
If a woman is on probation, working under a fixed-term contract and finds out she is pregnant even in the very first month, she will still be protected and entitled to pregnancy job security, as well as to maternity leave, which may begin at the end of pregnancy or only after the baby is born—it is up to the woman to decide when to take leave and when to stop working.
Pregnancy Job Security – When Am I Entitled?
Just like the woman working under probation, all women are protected by labor rights in “almost all” circumstances, including the guarantee of 120 days’ paid maternity leave with no loss of salary or any rights. This also includes domestic workers, who have the same rights as any other employee.
In the case of notice of dismissal, the woman is still protected by her rights even if the pregnancy is discovered on the very last day of notice period. However, the employer must be notified before the employee leaves, so they cannot claim ignorance and force a legal battle to resolve the issue.
The reserved rights and job security during pregnancy can only be broken and don’t need to be upheld by the company if the pregnant employee commits a serious breach and is dismissed for just cause. In this case, the company may terminate her employment without these rights, provided there is a valid reason for this type of dismissal. If the employer does not have a valid reason for a just-cause dismissal but still wishes to let her go, they can opt for immediate dismissal by paying all her rights plus compensation for the period.
The calculation must be made from the day of dismissal until the end of the maternity leave period (5 months). With payment made this way, the employer can request that the employee does not return to her duties and is considered dismissed after this period, thus fulfilling their legal obligations as an employer.
A new right for women was recently included in a complementary labor law, which ensures that if the woman dies after childbirth, job security during pregnancy and maternity leave will transfer to whoever assumes custody of the baby, thus guaranteeing both the mother’s and child’s rights. This new law is little known among women but was created to add to women’s labor rights and now also protects their dependents. Employers should always be alert to changes in the law to guarantee their employees’ rights and avoid harming anyone due to lack of information, as well as prevent unnecessary legal problems!
Also see: Maternity Pay – Who Is Entitled?
Photo: Prefeitura de Olinda, Marcelo Cantarela Junior
