Changes to legislation concerning occupational health and safety of pregnant workers – grounds for granting special pregnancy allowance stay the same

A decree enacted in April clarifies matters relating to the health and safety of pregnant workers. The changes will not affect the grounds on which Kela grants special pregnancy allowance.

The Finnish Government has issued a decree on 5 April 2024 on the protection of workers from exposure to workplace hazards when they are pregnant, have recently given birth or are breastfeeding. These legislative changes further refine the list of workplace hazards so that it better corresponds to the EU Directive on the protection of pregnant workers.

Since Kela pays special pregnancy allowance under the Health Insurance Act, these changes do not affect the grounds for granting special pregnancy allowance.

No changes to the act under which Kela pays pregnancy allowance

Kela pays special pregnancy allowance to pregnant persons who are forced to be absent from work due to being exposed to hazards in the workplace. Special pregnancy allowance is paid before the person starts receiving actual pregnancy allowance.

The Health Insurance Act defines the hazards that entitle pregnant persons to special pregnancy allowance. These include chemical substances, radiation and infectious diseases. Kela pays out the benefit on the grounds defined in this Act. The Government Decree on the Implementation of the Health Insurance Act has not been amended, which means that the grounds for granting special pregnancy allowance also remain unchanged.

The obligations laid out in the decree enacted in April concerning the health and safety of pregnant workers apply to employers. The list of workplace hazards has been amended to include noise, the physically demanding nature of the work and the threat of violence, amongst others. Following the enactment of the decree, the law now better reflects current practices, and matters relating to the protection of the health of pregnant workers are clearer.

Occupational healthcare providers can provide up-to-date information

It is important for both occupational healthcare providers and pregnant persons to take into account that these legislative changes do not affect Kela’s grounds for paying special pregnancy allowance. Kela cannot employ discretion when issuing decisions on special pregnancy allowance. The decisions must always be based on the Health Insurance Act.

Pregnant persons should contact Kela and their occupational healthcare provider to find out if they are entitled to special pregnancy allowance.