Maternity Protection in the Workplace
Maternity protection is governed by a special law (OUG 96/2003), supplemented by general provisions from the Labor Code and the Law on Health and Safety at Work. To benefit from legal protection, employees who are pregnant, postpartum, or nursing must inform their employer in writing, accompanied by a medical document.
Employer’s Obligations
Once informed, the employer must promptly conduct a risk assessment with the occupational health physician to identify any specific risks to the employee. The findings must be documented and communicated to the employee. If risks are identified, the employer must temporarily adjust the working conditions or schedule to avoid exposure to these risks. If adjustments are not feasible, the employer must assign the employee to a different, risk-free position. If reassignment is also not possible, the employee is entitled to maternity risk leave.
Maternity Risk Leave
The maximum duration of maternity risk leave is 120 days, which can be taken entirely or in parts before maternity leave or after postpartum leave if parental leave is not requested.
Other Specific Rights
Right to breaks and arrangements for sitting or movement at regular intervals.
Reduced working hours by a quarter based on the family doctor’s recommendation.
Time off for prenatal consultations up to 16 hours per month without salary reduction.
Minimum 42 days postpartum leave (mandatory).
Two one-hour breastfeeding breaks during work until the child is one year old or reduced working hours by two hours daily upon request.
Right not to work night shifts.
The right not to work in unsanitary or strenuous conditions.
Protection from dismissal related to pregnancy.
Protection from termination during maternity risk leave (+6 months after return), maternity leave, parental leave, or while receiving the insertion incentive.
For personalized legal advice and to ensure proper understanding and application of these rights, consulting a specialized lawyer is recommended.
