Preventive reassignment is a preventive measure aimed above all at maintaining employment, without danger, for pregnant or breastfeeding workers.
Government level
Provincial (Workplace He alth and Safety Commission, CSST)
What is it
This is a prevention program called For safe motherhood. This program allows a pregnant or breastfeeding worker to apply for an assignment to other tasks that do not entail danger and that she is able to perform and, in some cases, preventive withdrawal. The protective reassignment of the worker is exercised only when the modifications to the workstation or the assignment cannot be made.
When
As soon as you are pregnant and you suspect a real danger to your he alth, that of the unborn child or that of the breastfed child.
For whom
All workers (certain conditions apply) whose working conditions endanger them or the child they are carrying or breastfeeding.
How
- Consult the company doctor or if there is none, consult your doctor and describe your work to him (tasks, gestures, postures,exposure to products, etc.)
- The doctor consulted will complete the Certificate for preventive withdrawal and reassignment of the pregnant or breastfeeding worker.
- Give your employer the certificate completed by the doctor. He may try to eliminate sources of danger or assign you to other tasks.
- If this is not possible, you are en titled to preventive withdrawal and benefits until you give birth or until your employer can assign you to a safe position.
How much
- 5 first working days following your withdrawal from work: your employer pays you your usual salary. This amount is not reimbursable by the CSST.
- During the following 14 calendar days: you receive compensation equivalent to 90% of your net salary. Your employer pays you this indemnity and the CSST reimburses it.
- Thereafter and until the date of the assignment, up to four weeks preceding the expected date of delivery or until the end of breastfeeding, the CSST will continue to pay even to the worker compensation equivalent to 90% of her net income.
- These indemnities paid by the CSST are not taxable and cannot exceed the maximum annual salary.
Deficiency
The CSST does not cover the first 5 days: the employer is responsible for the first week.
Notes
- When you are assigned to another position, you receive from youremployer your usual salary and related benefits, even if the salary of the position to which you are assigned is less.
- If you want to breastfeed and suspect that your work may endanger your child's he alth, you must repeat the same process, even if you have benefited from preventive withdrawal.
- If your job falls under federal jurisdiction (banking, communications, federal civil service, etc.) you cannot claim preventive withdrawal measures from the CSST, which is a provincial organization.
For more information on the program, consult the Portail Québec site or the CSST site.
