You are pregnant? Have you just found out and have many doubts arise about who to tell and how to act? You should know that there is no legal obligation to communicate the pregnancy to your company and however it is advisable to do so. When and how? We talk about all this in Mothers Today.
A pregnancy involves carrying out prenatal exams that may require you to be absent from work. Therefore, the general recommendation is communicate the pregnancy to the company before this becomes evident. However, there are cases that could influence delaying or advancing this decision.
Is there a legal obligation to communicate my pregnancy?
A worker does not have the obligation legal to communicate the pregnancy as long as it is not known. There is no law in Spain that forces us to do it on a specific date or stage of pregnancy, unless the working conditions pose a risk to the fetus, in which case you should not waste your time!
Why is it recommended to do so?
Although it is not mandatory, it is advisable to do so in order to maintain a good relationship with the company and give them time to organize themselves during maternity leave. It is, so to speak, an action in good faith and for practical purposes.
Practical not only for the company but for you as a worker. And you probably have to use the paid right to be absent from work for carrying out prenatal exams, to give just one example.
Also if the pregnancy is considered risky or could represent a danger to you or the baby, the ideal is to communicate it as soon as possible. Why take unnecessary risks when the conditions or working hours could be adapted to you? And whenever the health of the worker or the baby may be affected, she must perform a different job or function compatible with the pregnancy within an equivalent professional group or category. What if the company is small and this is not possible? Then the worker may be temporarily assigned to another position, collecting the salaries of the original position, or if it is not feasible to take medical leave due to risk during pregnancy.
How to communicate it to the company?
Have you decided to communicate your pregnancy to the company? From Mothers Today you We recommend that you do it in writing. In the document you must indicate the expected date of delivery, whether it is a pregnancy considered at risk and, in that case, whether rest, a change or adaptation of the job, or medical leave due to danger during the pregnancy has been recommended. You must also attach the corresponding doctor's reports that indicate this.
You can send it by email with certified content and with acknowledgment of receipt addressed to HR department or hand deliver it yourself if possible. Always remember to put the date and signature of the day you make the communication.
Protection against layoffs
Is your hesitance when communicating it due to fear of dismissal? You must know that in our country labor rights For pregnant workers, they begin automatically from the moment of pregnancy, regardless of when the company is informed.
The legislation protects workers fired during pregnancy and up to twelve months after delivery. During this period, it is presumed that the dismissal is null and void, unless the company proves that there are duly justified reasons for dismissal. So if that happens, sign the termination notice specifying “non-compliant” and take legal action.
The Workers' Statute also regulates the right to be absent from work to attend medical appointments for pertinent prenatal exams, as well as to attend childbirth preparation classes. And all this during working hours, without time limitations and without having to make up those hours.
Are you now clearer about when and how to communicate your pregnancy to the company? Do you feel more protected now knowing what rights you have?