The Law No. 14,151 / 2021 is in force, which imposes the obligatory removal of the pregnant women of their face-to-face labor activities, without prejudice to the remuneration, in order to avoid contamination by coronavirus, as long as the emergence of public health.
The maid away must be at the disposal of the employer to exercise the activities in a remote way during the pandemic. However, a situation that concerned employers, because it has not been embraced by that law, resides in the provision of services that can not be carried out remotely.
The issue was analyzed by the Federal Regional Court of 4th Region, in judgment of appeal * that dealt with exactly of this situation. The Court's understanding was in order to frame the salary of pregnant women away due to the pandemic, such as maternity salary.
As the maternity salary is a social security benefit, the employer should make payment to the pregnant maid away, slaughtering the corresponding value of the social security contribution due in the month.
It is important to note that it is not a definitive decision, since there may be a resource. The Carpena Lawyers team will follow the theme and is available to remedy any questions about it.
* Instrument aggravation nº 5028306-07.2021.4.04.0000 / SC
