5 December 2024
zwangere

An advice from the government (FPS Employment, Labour and Social Dialogue and Supervision of Well-being at Work) of February 29, 2024 has changed the working method. Premed will implement this change on January 1, 2025.

Until 31/12/2024, Premed will still apply the old working method.

Risk assessment maternity protection (the policy)

Nothing is changed about this. The employer must carry out a risk assessment in which they inventory the hazards, estimate the exposures, and identify the possible consequences. This applies to all tasks performed and all employees. Special attention must be paid to vulnerable employees. Women who are pregnant or breastfeeding are considered vulnerable employees. The employer must therefore dedicate a chapter to them.

In this risk assessment, the employer specifies which measures apply to which functions or tasks in the company. They request the advice of the occupational physician for this document. If applicable, they request advice from the CPBW.

Application of the policy

This working method is also unchanged. When a woman is pregnant or breastfeeding, the employer immediately applies the policy, which is laid down in the risk assessment. If the employee is actually at risk, they make an appointment for her with the occupational physician "without delay".

This appointment is not super urgent, as the employer must already apply the policy measures. The appointment is necessary to allow the employee to obtain any replacement income through her health insurance fund.

New from 29/02/2024: one consultation and use of the RIZIV document to obtain reimbursement

From that date, a single consultation with and thus a single document from the occupational physician is sufficient to be in compliance. The occupational physician will record their decision for the pre- and postnatal period on a single health assessment form. This is provided that the risks of the position have not changed in the meantime. Prenatal means before birth, i.e., during pregnancy. Postnatal means after birth, i.e., during breastfeeding (with the benefit limit being the day before the baby turns 5 months old).

It is only in the event that the employee would suffer a loss of earnings due to the application of protective measures that the employer must arrange for a replacement income through the health insurance fund. If there is no loss of earnings, this is unnecessary.

To implement this, Premed replaces an old document with the standard RIZIV document. The employer must complete, sign, and provide this to the employee. The employer adds the occupational physician's decision to the document. 

The employee supplements this RIZIV certificate, completed and signed by the employer, with the health assessment form and the necessary certificates from her treating physician, stating whether it is a single or twin pregnancy and including the expected delivery date in the case of pregnancy. 

The employer must therefore provide the employee with a RIZIV document twice, when applicable: during pregnancy and during any breastfeeding. Please note: the health insurance fund reimburses a maximum until the day before the baby turns 5 months old. An employee who wishes to breastfeed longer will therefore no longer be entitled to reimbursement from the health insurance fund after 5 months. 

Work exclusion | RIZIV (fgov.be)

An employee who stops breastfeeding earlier is expected to resume work immediately.

Employees who do not run any risks during breastfeeding are not entitled to compensation. For lifting and carrying, eligibility for compensation is limited to the 10th week after delivery. If there was sick leave or a work stoppage as a protective measure before delivery, postnatal rest extends to the 14th week (single birth), so there is no additional compensation.

Up to the 9th month after delivery, mothers can take breastfeeding breaks, for which the health insurance fund does provide compensation.

Breastfeeding breaks | RIZIV (fgov.be).

Conclusion

The occupational physician will only issue one health assessment form with a decision that constitutes the practical application of the policy drawn up by the employer. From then on, the occupational physician will no longer intervene. Premed therefore no longer provides its own document for the health insurance fund. The government's decision makes the use of the RIZIV certificate mandatory.

When the policy causes a loss of earnings, such as through a work stoppage, the employer must complete the appropriate RIZIV certificate and provide it to the employee. This can occur twice: during pregnancy and/or during breastfeeding. 

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