Transfer to lighter work
A transfer to lighter work is only granted on the basis of a certificate for sick leave to pregnant people with health insurance who work under an employment contract, depending on their state of health. To do this, the physician or midwife issues the working pregnant person with the necessary certificate of incapacity for work.
The benefit is payable until the pregnant person starts to receive the maternity benefit or for up to 182 days.
Until the person starts to receive the maternity benefit, the doctor issues a new certificate of incapacity for work every 30 calendar days. The certificate for sick leave for transferring the person to lighter work must be terminated before the start date of the maternity leave. It is up to the pregnant person to tell the midwife when the maternity leave starts.
If the employer is able to do so, they will temporarily arrange for the pregnant person to work a lighter job.
If there is no lighter work on offer, the pregnant person can refuse to work until the maternity leave starts.
If a pregnant person has more than one employer, they may be not working one job and have a lighter job in another or continue under previous conditions.
From 15 May 2024, the Health Insurance Fund will pay the sickness benefit for one calendar day in the event of a transfer to lighter work at the rate by which the pregnant person’s earnings for the calendar month are lower than the earnings for the calendar month before the transfer.
The employer must pay at least 50% of the pregnant person’s previous salary for lighter work.
If a pregnant person is released from work due to the lack of lighter work, the Health Insurance Fund will pay the benefit starting from the second day. The rate of the benefit is 70% of the pregnant person’s earnings before the first certificate for sick leave.
If the pregnant person is given lighter work and if the date of the start of the first certificate for sick leave is 22 December 2024 or later, the Health Insurance Fund will reimburse the difference in pay by which the pregnant person’s pay is lower than the average pay before the start of the first certificate for sick leave.
The employer must pay the pregnant person at least 50% of their average earnings before the start of the first certificate for sick leave for transfer to lighter work.
If a pregnant person is released from work due to the absence of lighter work, the Health Insurance Fund will pay compensation from the second day at a rate of 70% of their average salary before the start of the first certificate for sick leave.
The employer calculates and enters the average salary on the certificate for sick leave on the basis of subsection 29 (8) of the Employment Contracts Act.