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Recourses – For a Safe Maternity Experience Program

Pregnant or breastfeeding workers may file an application for a review or reconsideration of a decision rendered by the CNESST under the For a Safe Maternity Experience Program. They may also contest the position they have been reassigned to. 

Reconsideration of a decision

A worker may file an application for reconsideration of a decision rendered by the CNESST under the For a Safe Maternity Experience Program: 

  • within 90 days of their becoming aware of an essential fact, if the latter was not known when the decision was rendered 
  • within 90 days of the date of the decision if an error has been made 

Administrative review

If a worker disagrees with the CNESST’s decision regarding the application of the For a Safe Maternity Experience Program and believes that her rights have not been respected, she has 30 days from the date of the decision to file an application for an administrative review.

Contesting an administrative review

She may contest the decision rendered following the administrative review by contacting the Tribunal administratif du travail within 45 days of the date of the decision.

Contesting a reassignment

Same hazards

A pregnant or breastfeeding worker may contest her reassignment if the position or tasks involve the same hazards as those described in the Preventive Withdrawal and Reassignment Certificate for a Pregnant or Breastfeeding Worker

Her right to an income replacement indemnity cannot be recognized until a decision has been rendered regarding the contestation of the reassignment. In this case, she may remain in the position she has been reassigned to until the decision is rendered or stop working. Payment of her indemnity will be retroactive if the decision confirms that the position she has been reassigned to involves the same hazards. 

New hazards

If she believes that the proposed reassignment involves new hazards, she may obtain a new Preventive Withdrawal and Reassignment Certificate for a Pregnant or Breastfeeding Worker confirming the hazards. She must give it to her employer. The CNESST will render a new decision as to whether she is eligible for the program and is entitled to the indemnity.

Inability to perform the tasks in the position she has been reassigned to

The worker may not be physically able or have the skills or training required to perform the tasks in the position she has been reassigned to by the employer. In this case, she may: 

  • ask the health and safety committee or the safety representative and the employer to examine the situation and render a decision. If there is no committee or representative, she may make her request directly to the CNESST. 
  • remain in the position she has been reassigned to until the decision is rendered or stop working. Payment of her indemnity will be retroactive if the decision confirms that she is unable to perform the tasks. 

The CNESST will render a decision within 20 days of the date of the request.  

If the worker does not agree with our decision, she has 10 days to apply for an administrative review.  

If she would like to contest the decision rendered following the administrative review, she has 10 days to appeal the decision with the Tribunal administratif du travail.

Laws and regulations

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