Decision supports teachers, education specialists and pedagogical coordinators
The Court responded to a request from Fetems (Federation of Education Workers of Mato Grosso do Sul) and granted an injunction so that pregnant women who were not vaccinated against covid or who have a medical recommendation for teleworking do not return to face-to-face work. The decision supports teachers, education specialists and pedagogical coordinators of the state public education system.
According to lawyer Ronaldo Franco, the request for an injunction was supported by Federal Law 14,151/2021. The legislation determines that during the public health emergency resulting from the new coronavirus, the pregnant employee must remain away from face-to-face work activities, without prejudice to her remuneration. The employee must remain telecommuting.
According to the PGE (State Attorney General), the federal law covers pregnant employees governed by the CLT (Consolidation of Labor Laws), without application to state employees.
“It should be clarified that the federal law in question is limited to pregnant workers under the CLT regime, not including statutory servants, who are governed by a different legal regime and with their own rules. Therefore, the rule is inapplicable directly to state civil servants, given the autonomy of federal entities to legislate on the relationship with their civil servants holding effective and commissioned positions”, informs prosecutor Adriano Aparecido Arrias de Lima.
Also according to the PGE, each secretary is empowered to analyze, case by case, the situation and authorize telework. The pregnant woman who did not take the vaccine on medical advice remains with the remote work.
“In this context, it appears that there is no impediment to the authorization of the remote service of pregnant servants, based on an analysis of the specific case, as well as for the adoption of other measures that the State Department of Education deems relevant to avoid the contagion and propagation of the coronavirus”, highlights the prosecutor.
On the 6th, the judge of the 2nd Court of Diffuse, Collective and Individual Homogeneous Rights of Campo Grande, David de Oliveira Gomes Filho, granted an injunction to determine that pregnant women who were not vaccinated or who have a medical recommendation to remain in telework , do not return to face-to-face work.
“All thoughtful and without forgetting that we are at the beginning of the process (it’s just an injunction), I decide that those pregnant women who were not vaccinated although they could have been and those who were vaccinated and have a medical recommendation for social isolation should remain in telework until a final decision is reached in this process”, says the magistrate.
Already vaccinated pregnant women, who have completed the quarantine of 15 days after the vaccine and who have no medical recommendation for isolation, must return to face-to-face work according to state decree.