Maternity protection in the workplace is an essential aspect of Romanian labour legislation, with the main objective of ensuring the safety and health of pregnant, breastfeeding and breastfeeding employees. The rules in force lay down clear obligations for employers and specific rights for female employees so that they can continue working in safe and fair conditions. The main pieces of legislation in this area include the Labour Code (Law No 53/2003, republished), Emergency Ordinance No 96/2003 on maternity protection in the workplace, Law No 202/2002 on equal opportunities and equal treatment between women and men, and legislation on health and safety at work.
Rights of pregnant workers and workers who have recently given birth or are breastfeeding
- Adapted working conditions and protection against risks
Employers must assess possible workplace hazards and take measures to eliminate or minimise them. If a particular working environment is likely to affect the health of a pregnant or breastfeeding employee, she should either be given modified duties or temporarily moved to a safe job. If neither of these options is possible, the employee is entitled to special leave without affecting her financial entitlements.
- Maternity leave and financial support
Employees are entitled to a period of maternity leave of 126 days, divided between the period before and after confinement. During this leave, they receive an allowance based on their previous earnings. This is intended to provide adequate financial support during the period of recovery and care of the newborn child.
- Protection against dismissal
Employers cannot dismiss an employee who is pregnant, on maternity leave or on childcare leave. There are, however, exceptional situations where this protection does not apply, such as job restructuring following major changes in the company.
- Maternity leave
If the work at the workplace poses a risk to the pregnant employee’s health and it is not possible to adjust the working conditions, she may be granted special leave before maternity leave. Such leave shall be paid and shall not affect entitlement to other statutory leave.
- Paid breaks for breastfeeding
Mothers who are breastfeeding may be entitled to paid time off during working hours to feed their baby. If the employee does not wish to use these breaks, she may opt to reduce her working day. In addition, employers must provide, where possible, a special breastfeeding area.
Other important rights for pregnant employees and nursing mothers
- Adaptation of working hours: Pregnant employees may request a temporary change in working hours or a reduction in working time without loss of pay if there is a medical recommendation.
- Access to medical check-ups: Employers must allow employees to have medical check-ups during working hours if they cannot be done outside working hours.
- Protection against night work and hazardous activities: Pregnant or breastfeeding employees may not be required to work night shifts or perform activities that could affect their health.
- Equal treatment: Any form of discrimination on the grounds of maternity is prohibited and women must be given the same career opportunities as other employees.
Employers’ obligations and possible sanctions
Respecting these rights is not just a recommendation but a legal obligation for employers. If a company does not comply with the provisions on maternity protection, it can be penalised by significant fines. In addition, affected employees have the possibility to go to the competent authorities or the courts to defend their rights.
Conclusion
Maternity protection in the workplace is essential for the health and safety of employees and for a fair working climate. Women who are pregnant, on maternity leave or breastfeeding have the right to legal support and protection against occupational risks. At the same time, employers must be aware of and comply with these provisions in order to avoid sanctions and to help create a favourable working environment. Both employees and employers need to be well-informed to ensure that rights and obligations are properly respected.