If you believe that your work endangers your health and that of your unborn or nursing baby, consult your physician, describing your working conditions (tasks, movements, working positions, exposure to products, etc.). Depending on these conditions, you may be eligible for the Safe Maternity Experience program.
Under this program, you may be assigned to risk-free tasks that you are reasonably able to perform. If your employer does not propose a reassignment, you have the right to stop working temporarily and receive compensation.
The For a Safe Maternity Experience program uses preventive measures to allow pregnant and nursing women to continue working.
On the recommendation of her physician, an employee who performs tasks that constitute a hazard to her health or that of her child has the right to ask to be assigned to other, non-hazardous, duties that are within her capabilities. If this is not possible, the employee is entitled, through her right to preventative withdrawal, to stop working temporarily and to receive benefits.
While exercising her right to reassignment or preventive withdrawal, the employee retains all the advantages associated with her employment. Subsequently, she has the right to return to work.
Note
An employee who benefits from the program during her pregnancy has the right to take these steps again in order to benefit from it again during the nursing period. However, only hazards to the child’s health will be considered.
ClientelePregnant or nursing women who, in performing their duties in the workplace, are exposed to hazards to their health or that of their children.
RequirementsThe employee must be available for reassignment and be medically fit to work.
RestrictionsThe following employees are not covered:
- unincorporated self-employed workers;
- domestic help working for an individual;
- students in training;
- volunteer workers;
- women working outside Québec;
- women working for an employer that does not have an establishment in Québec;
- employees of businesses under federal jurisdiction.
Salary paid during the period of reassignment to other duties
The employee must receive her regular salary during reassignment to non-hazardous duties, even if the reassignment is part-time or if the salary for the new position is less than what the employee was receiving for her usual position (the employer will be reimbursed the difference by the Commission).
Benefits paid during the period of preventative withdrawal
During the first five business days of the employee’s preventative withdrawal, she is entitled to 100% of her net salary. For the following 14 calendar days, she is entitled to 90% of her net salary for the days normally worked (the employer will be reimbursed by the Commission).
Thereafter, the Commission directly pays the employee an income replacement indemnity equal to 90% of her net income, up to a maximum of $67,500 (maximum insurable annual salary). The net income retained is calculated based on:
- the salary provided for in the employment contract or the income for the last 12 months (under the benefits rule applied by the Commission);
- the employee's family situation, as reported under the income tax laws;
- the deductions for income tax, Employment Insurance, the Québec Pension Plan and the Québec Parental Insurance Plan.
The Commission will cease payment of the income replacement indemnity:
- on Saturday of the fifth full week before the expected delivery date (to harmonize, if applicable, with the first payment of the Québec Parental Insurance Plan, which is on a Sunday);
- at the end of the nursing period;
- when the employee is assigned to a position that allows her to work safely;
- when the hazard that justified the preventive withdrawal has ceased to exist, temporarily or permanently (company closure, strike, end of seasonal work, etc.).
If the employee is not eligible for the Québec Parental Insurance Plan, the Commission will continue to pay the indemnity up to the date of birth, if a request is made.
Note
The end date of payments may be adjusted if the expected delivery date changes and the employee’s physician notifies the Commission at least 28 days before the expected delivery date on the form.
Terms of payment for income replacement indemnities
Income replacement indemnities are exempt from taxes.
Payments are made by cheque or direct deposit every two weeks.
The For a Safe Maternity Experience program was created in 1981.
