Abstention from work for working mothers

Compulsory abstention from work for maternity normally starts from the seventh month of pregnancy and continues until the third month after the birth.

However, in certain circumstances, it is possible to obtain early abstention, in particular in the case of a pregnancy whose conditions may be a risk to the health of the mother or the child (1), or if the employee during a normal pregnancy instead carries out work activities (2) that may endanger her health and/or that of the child (including the breastfeeding period).

(1) In the first case (pregnancy with a health condition at risk, in particular from complications or pre-existing morbidities) the competence for the procedure for early abstention lies with the Provincial Board of Health and must be forwarded directly to it.

(2) In the second case - job at risk due to the type of work performed - the application shall be submitted to the Employment Service of the PAT, which may order, if necessary also on the basis of a medical assessment and by availing itself of the competent bodies of the National Health Service, the early abstention from work of pregnant workers, up to the period of compulsory abstention (the two months preceding the presumed date of delivery), and up to 7 months after delivery, for the following reasons

(a) when the working or environmental conditions are deemed detrimental to the health of the woman and the child;

(b) when the worker cannot be transferred to other duties.

The application may be submitted by:

• Employers
• Female employees of public or private employers

◊ The worker can submit an application to the Labour Service - also by email/PEC - or to the peripheral offices of the Autonomous Province of Trento, using the appropriate forms and enclosing

• in the case of early abstention, the original pregnancy certificate with the presumed date of delivery;

• in the case of extended interdiction for the period of breastfeeding (7 months after childbirth), self-certification by the working mother, with the date of birth of the child.

In both cases, the employer's declaration on work risk assessment must be enclosed.

◊ If the application is submitted by the employer, fill in the form and attach the above documents (pregnancy certificate or birth certificate).

The maximum time limit for the conclusion of the procedure is 7 days (L) starting from the day after receipt of the complete documentation, including all necessary and useful integrations for the preliminary investigation. Conclusion by silence assent: no.