Under the new legal provisions, by “job” means the area delimited in space, depending on the specific labor, endowed with the means and materials necessary for the work, in order to achieve an operation, a work or for performing an activity by one or more performers, with their preparation and skills, in appropriate technical circumstances, organizational and of safety and health at work, from which it is obtained an income under an employment relationship with an employer.
Regarding the duration of the compulsory confinement leave, it was modified in the sense that it is of 42 days which the mother employee has the obligation to carry it after birth, during pregnancy and confinement leave for a total duration of 126 days that female employees receive under the law.
The employer has the responsibility for all activities that may pose a specific risk of exposure to the agents, processes or working conditions, non-exhaustive list of which is presented in Appendix. 1 to the law, to assess the nature, degree and duration of exposure to female employees in the company and/or establishment and subsequently any change of the working conditions, either directly or through protection and prevention services provided in art. 8 and 9 of Law no. 319/2006, as further amended, in order to: a) assess any risk to the safety or health of female employees and any possible effect on the pregnancy or breastfeeding, within the meaning of art. 2 letter c) -e); b) to decide what measures should be taken.
This evaluation is done by the employer, with the mandatory involvement of the occupational physician and their results, with all the measures to be taken concerning the safety and health at work, shall be recorded in written reports.
If the assessment results, reveal a risk to the safety or health of female employees specified in art. 2 letter c) -e) or an effect on the pregnancy or breastfeeding, the employer must take all measures to ensure that, by temporarily adjusting the working conditions and/or working hours of the employee concerned, to avoid its exposure to risks highlighted, as recommended by the occupational physician or family doctor, with maintaining the incomes.
If the change of the working conditions and / or working hours is not possible or cannot be made by good reasons, the employer shall take measures to assign it to another workstation without risks to her health or security, as recommended by the doctor of work medicine or the family doctor, with maintaining the incomes.
If the employer, objectively and for justified reasons, cannot meet the obligation provided in art. 9 paragraph (2), the female employees specified in art. 2 letter c) -e) are entitled to maternity risk leave as follows: a) prior to the date of requesting the maternity leave, established according to the provisions of Government Emergency Ordinance No. 158/2005 regarding leaves and social health insurance allowances, approved with amendments by Law no. 399/2006, as further amended and supplemented, for female employees specified in art. 2 letter c); b) after the date of return from the mandatory confinement leave, for female employees specified in art. 2 letter d) and e), if there is not requested the leave and allowance for raising and caring for children up to the age of 2 years or, in the case of disabled children up to 3 years.
Also, employers are obliged, within 5 working days from the date of the preparation of the written reports mentioned above, to hand over a copy of them to the employees’ representatives with specific responsibility for the safety and health of the workers.
Employers also have the obligation to inform, in writing, the female employees of the results of the evaluation on the risks that they may be exposed to in their jobs, of the measures to be taken concerning the safety and health at work and the rights under this emergency ordinance.
Based on the recommendation of the family doctor, the pregnant employee, which cannot meet the normal duration of work for health reasons, hers or her fetus, is entitled to a reduce by a quarter of the normal working duration, with maintaining the wages, supported entirely from the wage fund of the employer, according to legal regulations.
This Emergency Ordinance transposes the provisions of Directive 92/85 / EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding [a tenth directive within the meaning of Article 16 (1) of Directive 89/391 / EEC], published in the Official Journal of the European Union (OJEU), series L, no. 348 of November 28, 1992.