Brazil: Bill of Law regulates telecommuting, remote work and other form of non-presential work for pregnant employees

In brief 

Bill of Law No. 2058/2021 (“BL”), initiated by the Chamber of Deputies, in 06/07/2021, proposes amendments to the recent and controversial Law No. 14.151/2021, which deals with the removal of pregnant employees from on-site work during the public health emergency of national importance due to the new coronavirus.

The BL specifically regulates (i) telework; (ii) remote work and/or (iii) other forms of non-presential work, specifically with regard to pregnant employees.

More details

The main points under discussion in the BL are that (a) a pregnant employee, fully vaccinated for COVID-19, will not be entitled to the leave set forth in Law 14.151/2021 and (b) if there is no possibility of teleworking or remote working, employer may temporarily suspend the employment contract, at which time the employee will be entitled to the payment of the Emergency Employment and Income Maintenance Benefit.

The bill is still in process and many of its aspects can still be adjusted, due to the gaps contained in Law nº 14.151/202, which were the object of intense debate.

In any case, we understand that the main objective of this BL is, in addition to maintaining the protection of pregnant employees, allowing them to be removed from on-site work, with a guarantee of full remuneration, to assist companies (especially small and medium-sized ones) who had and still have their revenue impacted by the pandemic and are being forced to pay the full salaries of pregnant employees without them providing services, due to the impossibility of activating themselves remotely.