Return of pregnant women to the workplace following COVID-19 vaccination

On 10 March, Law 14.311/22 was published in the Federal Official Gazette. It has established new rules about the working life of pregnant employees, allowing them to return to a face-to-face working regime after completing their COVID-19 immunization.

The new provision of the law provides that unless the employer chooses to maintain remote working, a pregnant employee who is fully immunized must return to face-to-face activities in the following cases:

1. after the end of the public health emergency due to the SARS-CoV-2 coronavirus;
2. after their vaccination against COVID-19, from the day the Ministry of Health considers the immunization complete; and
3. by signing a term of responsibility and freely consenting to work face-to-face, committing to comply with all preventive measures adopted by the employer after exercising their option to not be vaccinated against COVID-19.

It also provides that a pregnant employee who has not yet been fully immunized against COVID-19, according to the criteria defined by the Ministry of Health and the National Immunization Plan (NIP), must remain away from in-person work activities and may perform her activities remotely.