Where a pregnant or breastfeeding woman wishes to be granted an exemption from night work, she must send a request to that effect to her employer.
The request must be sent by registered post, or delivered personally against the issue of an acknowledgement of receipt:
- within 8 days following receipt of the letter, the employer must refer the matter to the occupational doctor for the latter's opinion;
- within 15 days following such a reference by the employer, the occupational doctor communicates his opinion to the female employee concerned and to the employer.
- if there is no risk, the woman may continue to work at night;
- if there is a risk, the employer is required to transfer the employee to a daytime post, with maintenance of wages;
- if a transfer to a daytime post is not technically and/or objectively possible or cannot be reasonably required for duly substantiated reasons, the employer, on the basis of a supporting opinion from the occupational doctor, is required to exempt the female employee from working throughout the period necessary for the protection of her health or safety, that period being defined by the occupational doctor.