2023 Author: Anita Thornton | [email protected]. Last modified: 2023-05-22 03:30
You are probably familiar with preventive withdrawal for pregnancy, but did you know that there is also preventive withdrawal for breastfeeding? Is this for you? We answer all your questions about this CNESST program.
Some workers are exposed to hazards during pregnancy or breastfeeding. This is particularly the case for those who work in environments where there is the presence of solvents or other dangerous chemicals, ionizing radiation or the risk of contracting certain diseases or viruses. It is to protect the latter that the CSST has set up the prevention program For a safe maternity.
Steps to follow
If you believe that your work environment presents real dangers and that this could compromise your breastfeeding (for example, a high presence of lead in the air which would be transmitted in breast milk, or the risk of HIV and hepatitis contamination if you prick yourself with a dirty instrument), the first step is to consult your doctor or the doctor in charge of the establishment's he alth services where do you work."The doctor will validate whether the worker is still able to work and will issue, if necessary, the Certificate for protective reassignment or reassignment of the breastfeeding worker" explains Geneviève Trudel, spokesperson for the Commission for Standards, Equity, He alth and Safety at Work (CNESST).
This document is then validated by a doctor from the Public He alth Department of the territory where your workplace is located. It is he who confirms whether or not there is a real danger for breastfeeding. If the risk is confirmed, you then give the Certificate to your employer. This one will see if he can assign you to other tasks.
Indeed, your employer may offer you tasks that do not represent any danger and that you are reasonably able to perform. “It is important to note that the Safe Maternity Program is fundamentally about allowing a breastfeeding worker to request an assignment to work that does not pose any danger to herself and the breastfed child. This implies that the worker is fit for work. It is only in the absence of an assignment that there will be a withdrawal from work,” specifies Geneviève Trudel.
Thus, if you suffer from depression that makes you unfit for work, you cannot take advantage of preventive withdrawal for breastfeeding.
If your employer cannot modify your workstation or your tasks, he will then send the Certificate to the CNESST, which will determinethe admissibility of your application and the right to the income replacement indemnity.
The amount of compensation
Once the paperwork is cleared and withdrawal granted, you will be en titled to wage compensation. During the first five working days of work stoppage, your employer pays you your regular salary (100% of net salary). This is the salary for the days normally worked provided for in your employment contract and according to the calendar of the main activities of the establishment where you work.
For the following 14 days, your employer will pay you an indemnity equivalent to 90% of your net salary (i.e. your gross salary minus the deductions provided for federal and provincial taxes, the Quebec Pension Plan, theQuebec Parental Insurance Plan and employment insurance) for the days you would normally work.
After these 14 days, the CSST takes over and pays you the income replacement indemnity directly. This is paid every two weeks and is equivalent to 90% of your net income. This allowance is not taxable.
How long can you enjoy it?
“There is no maximum duration,” says Ms. Trudel. So, if you had planned to return to work 11 months after giving birth, but you are still breastfeeding and want to continue to do so for a few more months, this preventive withdrawal is for you and you can take advantage of it for as long as you are breastfeeding.. However, you will have tocomplete a monthly breastfeeding declaration confirming that you are still breastfeeding.
