The Risk Analysis: The basis of prevention
Even before pregnancy, the basis for protection must already be in place. Every employer is obliged to draw up a risk assessment to assess whether the work remains suitable during a possible pregnancy.
Please note: Even if you currently have no female employees, this risk assessment remains mandatory.
Together with the occupational physician and internal prevention service, you identify whether there are elements present that could be detrimental to the health of the expectant mother, the breastfeeding mother, or the child. Specific attention is paid to:
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Physical agents: Such as ionizing radiation, noise, vibrations, extreme cold or heat, and manual handling of loads.
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Biological agents: Viruses or bacteria that can harm the health of the fetus (e.g., toxoplasmosis, hepatitis, CMV…).
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Chemical agents: Dangerous and/or carcinogenic substances (e.g., pesticides, carbon monoxide…).
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Psychosocial and ergonomic strain.
The procedure during pregnancy
When an employee is pregnant, the protection mechanism comes into effect based on the previously made risk assessment.
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Notification: It is advisable for the employee to report her pregnancy as early as possible to the employer. The sooner the notification, the sooner the employer can take appropriate protective measures. This may be done verbally or in writing.
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Assessment: The employer assesses the employee's function against the risk assessment and immediately takes the measures described therein.
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Consultation: If the function involves a risk, a health assessment by the Premed occupational physician follows.
Important: Even if no direct risk has been identified in the risk assessment, the pregnant employee may request a spontaneous consultation with a Premed occupational physician.
Measures: from adjustment to removal
If the risk assessment or the occupational physician's examination shows a danger to the health of the mother or child, the employer must take measures according to a legal hierarchy:
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Step 1: Temporary adjustment of working conditions. The risk is eliminated by adjusting the work (e.g., lifting aids, sit-stand alternation).
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Step 2: Other work. If adjustment is technically or objectively not possible, the employee temporarily receives another task compatible with her condition.
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Step 3: Work removal. If the work cannot be adjusted and no other work is available? Then the employment contract of the person concerned is temporarily suspended (prophylactic leave) and they receive benefits from the health insurance fund.
Night work and overtime
Pregnant employees may not be obliged to perform night work (between 8 PM and 6 AM) in the period of 8 weeks before the presumed date of delivery.
Even outside this period, the occupational physician can decide that night work poses a risk to safety or health. In that case, the employer must transfer the employee to day work or, if impossible, suspend the execution of the employment contract.
Breastfeeding breaks and leave
Protection does not stop after childbirth.
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Breastfeeding breaks (CBA no. 80): Employees are entitled to one or two half-hour breaks per day to breastfeed or express milk, up to nine months after the birth of the child.
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Prophylactic breastfeeding leave: If the workplace poses a risk to breastfeeding (e.g., exposure to certain chemicals that enter breast milk), and adaptation or other work is not possible, the employee may be removed from work as long as she is breastfeeding (up to a maximum of 5 months after childbirth).
Fedris
To ensure the follow-up of the removal of pregnant workers, the employer must obligatorily provide certain data to Fedris.
This data must reach Fedris within 10 working days following the effective removal. The information must be provided via a specific form, available on the website: MONIT - Health surveillance of pregnant workers (employers) | Federal agency for occupational risks. From June 30, 2026, this will only be possible via The Belgian Social Security | La Sécurité Sociale Belge | Die Soziale Sicherheit | The Belgian Social Security. A filled-in example can be consulted here: Declaration by a fictitious employer.pdf.
The resumption of work
After maternity leave, the employee resumes her previous position in the company. All female employees who have been absent for longer than 4 weeks and are subject to periodic health surveillance must undergo a medical examination with the occupational physician no later than 10 days after resuming work.
The role of Premed
Premed supports you at every step of this process:
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We assist in drawing up the risk assessment specifically for maternity protection.
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Our occupational doctors carry out the necessary medical examinations.
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We advise on possible workstation adaptations to keep your employees safely at work.
Do you want to make an appointment for a risk assessment or schedule a consultation? Contact us.
