Preventive withdrawal
Pregnant or breastfeeding workers may be entitled to preventive withdrawal if reassignment to another position or other duties is not possible. This measure is part of the For a Safe Maternity Experience Program. It allows a pregnant or breastfeeding worker to stop working and receive an income replacement indemnity.
Preventive withdrawal may be granted when it is impossible for the employer to:
- eliminate at source the hazards present in the workplace and described in the protocol or the medical-environmental report attached to the Reassignment or preventive withdrawal certificate for a pregnant or breastfeeding worker (in French only)
- adapt the worker's position or modify some of her duties
- offer the worker a reassignment to other duties that she is capable of performing, immediately or later, and where she is not exposed to these hazards
The worker must also meet the eligibility requirements for the For a Safe Maternity Experience Program.
Wages and indemnities paid by the employer in the event of preventive withdrawal
For the first 5 working days
The employer must pay the worker 100% of her regular wages for the first 5 working days after she stops working. These are the wages paid to her for the days normally worked as stipulated in her employment contract and according to the schedule of main activities of the establishment where the worker is employed. The CNESST does not reimburse the employer this amount.
First, the date the worker stops working must be determined. This date will determine when the employer will start paying her the benefits she is entitled to.
- In the case of immediate withdrawal, the date is the day the worker gives her employer her Reassignment or preventive withdrawal certificate for a pregnant or breastfeeding worker.
- If she was working the day she gave her employer the certificate, the date is the day after she gave them the certificate.
- If the preventive withdrawal takes place after the date the certificate is given, the date is the day after the last day worked.
If the employer refuses to pay the worker her wages for the first 5 working days of preventive withdrawal, she may file a complaint with the CNESST.
For the next 14 days
After the first 5 working days and for the next 14 full days, the employer must pay the worker an indemnity equivalent to 90% of her net income. This amount is equal to her annual gross income less deductions for federal and provincial income tax, the Québec Pension Plan, the Québec Parental Insurance Plan and employment insurance for the days she would normally have worked. The employer may be reimbursed this amount by the CNESST. The indemnity may not exceed the current maximum annual insurable earnings (in French only).
Service for the employer
You must complete the Reimbursement claim for the preventive withdrawal of a pregnant or breastfeeding worker in your secure space for employers (in French only). This will allow the CNESST to obtain information on the worker's gross annual income. The CNESST will reimburse the amount within 14 days of receipt of the claim.
File a claim for reimbursement of the indemnity
If you do not have a MonEspace CNESST account, you must register.
You can also use the online service if you are not registered (in French only).
If the employer refuses to pay the worker her income replacement indemnity, she may file a complaint with the CNESST.
Indemnity paid by the CNESST during the preventive withdrawal
When the CNESST receives the reimbursement claim from the employer, it determines whether or not the worker's request for preventive withdrawal is admissible. If the request is admissible, the income replacement indemnity will be paid to the worker.
The indemnity is paid every 2 weeks and is equivalent to 90% of the net income. The income replacement indemnity is not taxable. The gross annual income used to calculate the income replacement indemnity may not exceed the current maximum annual insurable earnings (in French only).
Note
As a worker, you can receive your income replacement indemnity by direct deposit.
If the CNESST determines that the worker is not eligible for preventive withdrawal under the For a Safe Maternity Experience Program, she may contest the decision.
Adjustment of the indemnity if the expected date of delivery changes
If the expected date of delivery changes, the date the indemnity ends may be adjusted. In this case, the date of the last day paid will be adjusted if the professional who is providing the worker's pregnancy care informs the CNESST of the change in the expected date of delivery or if the worker sends the CNESST a document signed by the professional attesting to the change of date. The CNESST must be informed or must have received the document no later than 4 weeks (28 calendar days) before the expected date of delivery indicated on the Reassignment or preventive withdrawal certificate for a pregnant or breastfeeding worker (in French only).
End of payment of the indemnity
The worker is eligible for the income replacement indemnity until 4 weeks before the week of the expected date of delivery. At that time, she may begin to receive benefits under the Québec Parental Insurance Plan (QPIP). Payment of the indemnity ends on a Saturday to harmonize with the payment of QPIP benefits, which begins on a Sunday.
If the worker is not eligible for the QPIP, she may receive the CNESST indemnity until the date of delivery. In this case, she must send us the decision letter from the Ministère de l'Emploi et de la Solidarité sociale indicating that she cannot receive parental insurance benefits.
In the case of preventive withdrawal while breastfeeding, the worker is entitled to the income replacement indemnity for as long as she is breastfeeding and meets the eligibility criteria.
Reduction or interruption of payment of the income replacement indemnity
During the preventive withdrawal, the income replacement indemnity may be reduced if the worker has another job for which she receives wages.
The CNESST may also permanently stop payment of the indemnity when there is no longer any hazard for the unborn or breastfed child or for the worker because of her pregnancy, for example if:
- the worker is assigned to another position or other duties in the establishment
- the employment contract ends
- the establishment shuts down
- the worker is laid off or resigns
- the worker gives birth or the pregnancy is terminated
- the worker stops breastfeeding
Payment may also be suspended temporarily if the worker is no longer exposed to the hazard for a period of more than 7 consecutive days (for example, a teacher who stops working during the summer).
The worker and the employer must inform the CNESST of any changes that could affect the duration or payment of the income replacement indemnity by completing the Notice of change in situation enclosed with the letter of eligibility.
Maintenance of employee benefits
The worker retains all the employee benefits she had before her preventive withdrawal, including her regular wages. After her preventive withdrawal, the employer must reinstate the worker in her job.