On 9 March 2022, Law 14.311/2022 was enacted, amending Law 14.151/2021, which has governed leave from on-site work for pregnant employees during the public health emergency resulting from covid-19.
Effective from the date of its publication, the law establishes that pregnant employees who have not been fully vaccinated against covid-19, including domestic workers, must not carry out on-site work. Instead, they must remain available to carry out work duties remotely, where possible, without prejudice to remuneration.
During the leave, the employer may temporarily change an employee's duties after considering the nature of the work and the employee's capacity to perform work. During this time, the employee on leave will be fully remunerated and their previous position will be reinstated upon return to on-site work.
In addition, if the employer chooses not to keep the employee working remotely, the employee must return to on-site work:
- when the public health emergency is declared to be over;
- after being fully vaccinated against covid-19, following the provisions set by the Ministry of Health; or
- if they choose not to be vaccinated, in which case she must sign a liability waiver.
For further information on this topic please contact Maury Lobo at CGM Advogados by telephone (+55 11 2394 8900) or email ([email protected]). The CGM Advogados website can be accessed at cgmlaw.com.br.
Poliana César assisted in the preparation of this article.