On March 9, 2022, Law 14.311/2022 was enacted, amending Law 14.151/2021 that governs the leave of pregnant employees from on-site work during the public health emergency resulting from the coronavirus.
Effective from the date of its publication, the law establishes that the pregnant employee who has not yet been fully immunized against the coronavirus, including domestic worker, must remain away from on-site work, remaining available to carry out her activities remotely, without prejudice to remuneration.
During the leave, the employer may, observing the abilities for the performance of the work and the employees’ conditions, temporarily change the activities performed, maintaining full remuneration and ensuring that the employee will be reinstated to her previous position upon the return to work at the company’s premises.
In addition, if the employer chooses not to keep the employee working remotely, the employee must return to on-site work in the following situations:
- at the end of the public health emergency state;
- after having completed the immunization against coronavirus, under the provisions set by the Ministry of Health; and
- by individual choice not to vaccinate against the coronavirus, case in which she must sign a liability waiver.
