Leave of absence for pregnant aircrew in Brazil

current scenario

Abstract

Medical restrictions on the work of female aircrew during pregnancy are established worldwide. In Brazil, recent changes in the medico-legal assessment of these professionals caused conflict and attracted public attention to the matter. The purpose of this study is to present the current scenario of leaves of absence of pregnant aircrew in Brazil. Development: Aircrew in Brazil are subject to specific regulations, developed by the National Civic Aviation Agency (ANAC), which considers a pregnant woman unfit for work from the moment of the pregnancy diagnosis. The Joint Boards of the National Institute of Social Security (INSS) took this law into consideration when assessing these professionals, granting the benefit in such cases. However, as of May 2017, aircrew were assessed in the same way as the other professionals insured by the General Regime of Social Security (RGPS) and pregnant aircrew started having their benefits rejected, falling into the so-called social security limbo. After a court decision issued in November 2017, this situation changed and the benefits for the same requests were granted again, now only with administrative documentary evaluation and no medico-legal reports. Conclusion: There is a divergence between the laws regulating aviation and Social Security. It has been resolved to date by a court decision that followed a union's claim, granting pregnant aircrew paid sick leave for disability via an administrative process, a hitherto unprecedented decision.