Description of
the right

If your job poses risks to your pregnancy or breastfeeding, your employer has an obligation to reassign you to safer tasks. If this is impossible, you are entitled to preventive withdrawal from your workplace.

This request cannot cause you to suffer any form of retaliation (dismissal, non-payment, loss of benefits).

To be entitled to preventive withdrawal, you must make a request to the Commission des normes, de l’équité, de la santé and de la sécurité du travail (CNESST). Requirements are detailed in the For a Safe Maternity Experience Program.

During preventive withdrawal, your salary will be paid in part by the CNESST.

Some employers provide additional benefits in addition to the CNESST, get informed.

Several examples of situations

  • Your job requires lifting heavy boxes regularly, coming into contact with harmful chemicals, or standing for long periods of time.
  • You work with toddlers or primary school children and you do not have immunity to fifth disease.

References

Quebec Charter of Human Rights and Freedoms: section 46

Canadian Charter of Rights and Freedoms: section 7

Act respecting occupational health and safety: sections 40 to 48.2