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The Labor Court’s Decision Recognized That the Hospital Violated the Right to Leave of the Nursing Technician from Unhealthy Environment During Breastfeeding, Determining Compensation of R$ 30 Thousand and Monthly Payment Equivalent to Maternity Salary Until the Child Turns 24 Months.
The Labor Court sentenced a hospital in Rio Grande do Sul to pay R$ 30 thousand for moral damages and monthly maternity salary until the baby turns two years old, after the institution failed to provide leave for a nursing technician from unhealthy activities during the breastfeeding period. The decision is from the 6th Panel of the Regional Labor Court of the 4th Region (TRT-4), which understood that the protection of maternity is a fundamental and non-waivable right.
According to the portal Migalhas, the panel based its ruling on Article 394-A of the CLT and the recommendations of the World Health Organization (WHO), which advise breastfeeding for a minimum of 24 months. The understanding reinforces that the right to breastfeeding and to the protection of the child exceeds the traditionally adopted six-month period, imposing on employers the duty to ensure a safe environment free from harmful agents.
The Origin of the Case and the Employee’s Request
The nursing technician had returned from maternity leave and requested a transfer to a department without exposure to unhealthy agents, presenting a medical report recommending the continuation of breastfeeding, as the baby did not adapt to industrialized formulas.
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However, the hospital did not comply with the request and kept the professional in the same duties.
Without reassignment and with her child’s health at risk, the employee sought judicial leave with pay until the baby turned 24 months old.
The hospital defended itself by stating that it respected the employee’s rights during pregnancy and lactation, and that the environment provided safe conditions.
The 3rd Labor Court of Porto Alegre ruled the request unfounded, limiting protection to the first six months, which motivated the appeal to TRT-4.
Legal Foundations and Understanding of the Labor Court
The reporting judge, Judge Beatriz Renck, emphasized that labor legislation, when addressing the protection of breastfeeding women, does not restrict leave to the initial breastfeeding period.
Citing Article 394-A, item III and §3 of the CLT, and the STF’s decision in ADIn 5,938, the magistrate recalled that the Supreme Court had already deemed it unconstitutional to require a medical certificate to prove the need for leave in cases of pregnant and breastfeeding women in unhealthy environments.
In her vote, Renck reinforced that “health authorities recommend breastfeeding for a minimum of two years, and this is the period that should be considered for the purposes of maternity protection.”
For the panel, the company’s negligence constituted a serious violation of the worker’s dignity and the child’s right to health, justifying the payment of compensation and the amounts corresponding to the maternity salary.
The Sentence and the Amounts Defined by TRT
Based on the reporting judge’s vote, the 6th Panel of TRT-4 decided unanimously to sentence the hospital to pay R$ 30 thousand in moral damages and a monthly maternity salary, from the date of termination of the employee until the baby turns 24 months old.
The court emphasized that the failure to comply with the leave is not just a labor infraction, but also a violation of the constitutional protection of childhood and maternity.
This understanding reinforces the employer’s role in preventing health risks and in promoting work policies compatible with the norms of protection for women and children.
The Legal and Social Impact of the Decision
The sentence is regarded as a milestone in strengthening maternity protection in the workplace, consolidating the interpretation that the right to leave from unhealthy activities extends throughout the whole breastfeeding period, according to medical guidelines and international organizations.
In addition to ensuring individual reparation, the decision reaffirms the social responsibility of healthcare institutions, which should act as examples in observing the norms of protection for working women.
For experts, the case contributes to standardizing jurisprudence and encouraging the revision of internal policies in hospitals and companies with biological risk activities.
Do you agree with the Labor Court’s decision? Do you believe that leave from unhealthy activities should apply throughout the entire breastfeeding period or only in the initial months? Share your opinion in the comments; we want to hear from those living this reality in practice.
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