Covid-19 : Preventive withdrawal (protective reassignment)

New INSPQ recommendations

In September 2023, Institut national de santé publique du Québec (INSPQ) updated its recommendations on the preventive withdrawal of pregnant workers in the context of COVID-19. The INSPQ considers that there are two categories of workers for applying the preventive withdrawal of the pregnant worker:

) Those with hybrid immunity
2) All other workers

In any case, if you believe that your job involves hazards for you or your unborn child, contact your FIQ union without delay.

Moreover, the INSPQ recommendations can be very technical to interpret. Don’t hesitate to contact your FIQ union to help you in identifying the hazards to which you or your unborn child may be exposed. With your union, you can determine a strategy for requesting a safe assignment in the context of COVID-19.

The FIQ maintains that to be safe in the context of a pandemic, the assignment or reassignment of pregnant workers must be done applying the precautionary principles. Given the probable emergence of new variants (BA.2.86) that may overcome acquired immunity (even “hybrid”), the FIQ considers that it would be preferable to continue applying the precautionary principle to all categories of pregnant workers.

Pregnant healthcare professionals who want to use the right to a preventive withdrawal must contact their FIQ union who can help them in this process.

Steps for a safe reassignment

Here are the steps for pregnant healthcare professionals to follow a safe reassignment.

A worker who becomes pregnant and does not already have a preventive withdrawal for the pregnant worker and is exposed to hazards must:

Analyze the hazards for her work position. She can ask her union for help in identifying the hazards. This help can be crucial, especially in the context of hazards related to COVID-19;
Quickly meet with a physician of her choosing to inform them of these hazards. The physician must produce a RPTE certificate after consulting the regional public health authority or institution’s physician. The certificate is the foundation for the right to the preventive withdrawal for the pregnant worker. This step is decisive for the rest of the process.

Once the certificate is submitted, the employer must assign the worker to duties without hazards or else remove her from work.

If the employer assigns the worker to duties that are exposed to hazards identified on the certificate, such as risks of contracting COVID-19 for example, then the worker must ask the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) to study the matter and to make a statement on the compliance of the assignment.
If the employer assigns the worker to duties that have new hazards that weren’t identified on the certificate, the worker must identify these hazards and once again consult her physician to obtain another certificate that specifies these new hazards.
If the worker believes she is exposed to hazards despite an assignment that complies with the certificate, she must contact her union and ask the CNESST to investigate it.

A worker who was already on a preventive withdrawal, but the employer decides to return her to her position or offer her a new assignment must:

Analyze the hazards for her work position or her new assignment. She can ask her union for help in identifying the hazards. This help can be crucial, especially in the context of hazards related to COVID-19;
Consult the CNESST if it concerns hazards that were already specified on the initial certificate;
Recontact the physician to obtain another certificate if there are new hazards.

The CNESST’s decision, which must study the compliance of the assignment, can be reviewed within ten days. A worker who undertakes this process could go without pay if she refuses to work to not be exposed to the hazards. The FIQ can offer financial support in these situations. It is important to contact your local union if you want to take these steps.

Healthcare professionals who have doubts about the safety of the proposed reassignment must contact their local union.

Frequently asked questions

All
coronavirus enceinte

I am pregnant and I think that my work entails a danger of contracting COVID-19 for my unborn child or myself

Consult a physician to obtain a “Certificat visant le retrait préventif et l’affectation de la travailleuse enceinte ou qui allaite” (Protective Reassignment and Assignment of the Pregnant or Breast-Feeding Worker Certificate) attesting that your working conditions entail a danger of contracting the virus, for your unborn child or, because of your pregnancy, for yourself. This certificate will be issued after a consultation with the Public Health Department.

What document do I give my employer if my working conditions entail physical dangers of contracting the virus for my unborn child or myself?

A worker must furnish a medical certificate attesting that the conditions of her work include physical dangers for her unborn child or, because of her pregnancy, for herself.

Can I be assigned to other duties if my working conditions entail a danger of contracting the COVID -19 virus?

A worker who gives the employer a medical certificate attesting that her working conditions may be physically dangerous for her unborn child or herself may request to be assigned to duties involving no such danger and that she is reasonably capable of performing. Submitting this certificate is not a request to stop working.

What happens if my employer does not reassign me as soon as the medical certificate is submitted?

If the requested assignment is not carried out immediately, the worker may stop working until the assignment is made or until the date of delivery.

If my employer does not reassign me to other duties, what indemnities will I receive?

A worker is entitled to be paid her regular salary rate for the first five working days of a work stoppage.

At the end of this period, she is entitled to the income replacement indemnity to which she would be entitled under an Act respecting industrial accidents and occupational diseases.

Do I keep my benefits during my assignment to other duties or if I stop working?

If a worker has been assigned to other duties or stops working, she keeps all her benefits linked to the job she occupied before that assignment.

Will I be able to return to my position at the end of the assignment or work stoppage?

Ø The employer must return the worker to her regular position at the end of the assignment.

What recourses do I have if my employer does not respect the conditions in my protective reassignment certificate?

A request may be sent to the CNESST asking that they ensure that the conditions in the protective reassignment certificate are respected and to render a decision on this request.

Are the INSPQ protective reassignment (preventive reassignment) recommendations for pregnant women the same as for those who are breast-feeding?

No. According to the INSPQ, there is currently no evidence-based data on direct transmission of the infection through maternal milk. Therefore, the INSPQ does not recommend a protective reassignment (preventive reassignment) of the worker who is breast-feeding.

What recourses do I have if I am disciplined after exercising a right granted me under an Act respecting occupational health and safety?

Ø A complaint under Section 227 in an Act respecting occupational health and safety may be filed if the worker believes she has been disciplined after exercising a right under that Act.

What should I do to contest the assignment proposed by my employer?

Inform your local union team..
Obtain a Protective Reassignment and Assignment of the Pregnant or Breast-Feeding Worker Certificate from your physician identifying the working conditions with dangers for the fetus or yourself.
Once this certificate is submitted, the employer must assign you to duties exempt from all danger, including the COVID-19 virus.
If the employer proposes an assignment that does not comply with the dangers identified in your certificate, you can contest it by filing a written complaint with the CNESST.
If the CNESST decides the assignment does not comply, you will be removed from work with compensation, unless the employer proposes an assignment that complies.
If the CNEEST decision is against you, you can contest it in the 10 days following receipt of the decision. You can receive a first loan from the FIQ of $1,000 if needed.

To learn more about a protective reassignment for the pregnant or breast-feeding worker:

Note :The following documents are used in a normal situation. We feel it is important in the current rapidly evolving context, to give a warning to this effect.