Rights of pregnant employees in Estonia in 2026: employer obligations, certificates of incapacity for work, and protection against dismissal
Rights of pregnant employees in Estonia in 2026 do not automatically mean having to stay away from work. In many cases, employees can continue working as usual or under adapted conditions. At the same time, the employer is required to assess workplace risks and take account of restrictions arising from pregnancy.
If her health condition does not allow her to work under the previous conditions, a pregnant employee may be entitled to work under lighter or otherwise adapted conditions on the basis of a sick leave certificate. If suitable work cannot be offered, exemption from performing work duties and compensation from Tervisekassa may be considered.
Important in 2026
The general maximum amount of the temporary incapacity benefit paid by Tervisekassa is 2026. aastal 126,87 euros per calendar day. However, this maximum does not apply to a pregnant employee on sick leave for work suited to their health if they work under adapted conditions and Tervisekassa compensates for the difference in pay.
The information in the article was verified as of 14 September 2026.
When must an employer take pregnancy into account?
Occupational safety for pregnant employees is regulated, among other things, by the Occupational Health and Safety Act and Government of the Republic Regulation No. 95 “Occupational health and safety requirements for the work of pregnant and breastfeeding women”.
The special requirements set out in the regulation apply if the employee has informed the employer of her pregnancy. The employer must then assess whether the working environment contains hazards that may affect the pregnant employee's health or the course of the pregnancy.
The employer's obligation is not limited to merely having a risk assessment. If a risk actually exists, a practical solution must be found to reduce or eliminate it.
What must an employer do if the work may be dangerous for a pregnant employee?
The employer must assess a pregnant employee's exposure to work-related risk factors and, if necessary, modify the working conditions.
Depending on the work, the solution may include, for example:
- easing working conditions;
- changing working hours or work arrangements;
- providing suitable rest breaks;
- changing work duties;
- temporary transfer to other suitable work;
- eliminating exposure to a specific hazard.
Pregnancy itself does not mean that a person should not work. The question is whether the specific work and working environment are safe in view of the employee's health.
The Tööinspektsioon Tööelu portal has a separate guide on this topic: working during pregnancy.
When health no longer permits working under the previous conditions
From 15 May 2024, the main rule on assigning work appropriate to a pregnant employee's health no longer derives from the former § 18 of the Employment Contracts Act. Currently, working on the basis of a certificate of incapacity for work is primarily regulated by § 12 of the Occupational Health and Safety Act5.
A pregnant employee and an employee entitled to maternity leave have the right to temporarily request work suited to their health on the basis of a sick leave certificate if their health does not allow them to perform the agreed duties under the existing conditions.
Both the employee and the employer must comply with the restrictions specified on the sick leave certificate.
Important: § 12, applicable to pregnant employees,5 does not require 30 days of sick leave to have passed before starting adapted work. The 31-day sick leave rule concerns the general return to work under adapted conditions during a long-term illness.
How much must the employer pay during the period of adapted work?
If a pregnant employee works under adapted conditions on the basis of a certificate of incapacity for work, the salary paid by the employer must not be less than 50% of the salary applicable before the relevant certificate of incapacity for work began.
Tervisekassa may compensate for the difference between the employee's previous average salary and the salary paid by the employer. The exact benefit depends on the specific certificate of incapacity for work and salary data.
According to Tervisekassa's current benefits table, this is treated as a certificate of incapacity for work with the reason “assigning work appropriate to a pregnant employee's health”.
More information: Tervisekassa sickness benefit conditions.
What happens if suitable work cannot be offered?
If the employer is unable to provide a pregnant employee with work that complies with the restrictions specified on the sick leave certificate, the employee may refuse to perform her duties. The pregnant employee is also not required to accept the adapted work offered to her.
According to Tervisekassa, if a pregnant employee has one employer and is released from work because suitable work is unavailable, sickness benefit is paid from the second day at a rate of 70% based on the income subject to social tax in the previous calendar year.
For a specific case, it is always advisable to verify the benefit calculation with Tervisekassa, as salary, insurance data, and the type of certificate of incapacity for work affect the final amount.
Sickness benefit cap of 126,87 euros: does it also apply to pregnant employees?
Starting from 1 January 2026, a general benefit cap applies to new cases of temporary incapacity for work paid by Tervisekassa.
2026. aastal on ühe kalendripäeva ülempiir 126,87 euros.
However, there is an important exception. The maximum does not apply to a pregnant employee on sick leave for work suited to their health if:
- the pregnant employee's working conditions have been adapted;
- they continue working;
- Tervisekassa compensates for the difference between the salary paid by the employer and the previous average salary.
Therefore, it is not correct to say that there is a daily limit of rasedusega seotud haiguslehtedele kehtib automaatselt 126,87 euros for everyone.
What changed for long-term sick leave on 1 April 2026?
From 1 April 2026, in the case of a long-term illness, work under adapted conditions may be started on the basis of a certificate of incapacity for work after more than 30 calendar days have passed since the beginning of the exemption from performing work duties.
Previously, this generally required a longer wait.
Adapted work may include, for example:
- a lighter workload;
- shorter working hours;
- lighter work duties;
- other working conditions that take into account restrictions prescribed by a doctor.
Such work is voluntary and requires that the employee, treating physician, and employer are able to implement the arrangement. Tervisekassa pays sickness benefit and compensation for the wage difference arising from working under adjusted conditions for a total of generally up to 182 days per case of illness.
See 31. haiguspäeva põhimõte ei ole aga raseda § 125 alusel terviseseisundile vastava töö nõudmise eeltingimus.
Additional information: Tervisekassa – temporary easing of working conditions.
Prenatal examinations take place during working hours
A pregnant employee has the right to attend a prenatal examination at the time set by a doctor or midwife.
The employer must provide time off for this, and this time is counted as working time.
This right arises from subsection 4 of § 10 of the Occupational Health and Safety Act.
Can a pregnant employee be sent on a business trip?
A pregnant employee's consent is required before sending her on a business trip.
The same principle applies to an employee who is raising a child under the age of three or a child with a disability. In such a situation, the employer cannot unilaterally make a business trip mandatory.
Can a pregnant employee be dismissed?
In Estonia, a pregnant employee has stronger protection against termination of their employment contract, but it is important to understand that this is not an absolute prohibition on terminating an employment contract for any reason whatsoever.
Under the Employment Contracts Act, an employer may not terminate an employment contract because the employee is pregnant or entitled to maternity leave.
In addition, the following important restrictions apply to pregnant employees:
- as a general rule, a pregnant woman or a woman entitled to maternity leave may not be made redundant;
- exceptions include, among other things, the cessation of the employer's activities and bankruptcy-related situations specified by law;
- the employment contract of a pregnant woman or a woman entitled to maternity leave may not be terminated due to a reduction in the employee's capacity for work.
However, termination of the employment contract on other lawful grounds may still be possible in certain circumstances. For example, pregnancy does not entitle an employee to breach the employment contract without consequences.
The employer must be informed of the pregnancy
For the special protection under § 93 of the Employment Contracts Act to apply, the employee must have informed the employer of her pregnancy or entitlement to the relevant leave before receiving the notice of termination or no later than 14 calendar days after receiving it.
At the employer's request, a document from a doctor or midwife confirming the pregnancy may be required.
If a dispute arises over the legality of terminating an employment contract, the deadlines for initiating a labour dispute must also be taken into account. In such a situation, it is advisable to promptly seek advice from Tööinspektsioon, a lawyer, or a labour law specialist.
Flexible working time agreement from 2026
On 13 February 2026, a new option for a flexible working time agreement entered into force under the Employment Contracts Act.
Under certain conditions, this allows working time to be divided into agreed working hours and additional hours. However, this is not a right intended specifically for pregnant employees, nor is it an automatic right to demand a freely chosen work schedule.
Work restrictions arising from a pregnant employee's health must be assessed separately under occupational health and safety rules.
What practical steps could a pregnant employee take?
- Inform your employer of your pregnancy, if special measures are required because of the working environment or work arrangements.
- Talk to a doctor or midwife, if your current working conditions are unsuitable due to your health.
- Check the restrictions indicated on the certificate of incapacity for work and provide the employer with the necessary information.
- Discuss specific solutions with your employer – for example, changing working hours, workload or duties.
- Do not assume that the only solution is to stay away from work completely. In many cases, employees can continue working under adapted conditions.
- If the employer and employee cannot reach an agreement on their rights or obligations, seek advice from Tööinspektsioon or an employment law specialist.
Rights of pregnant employees 2026: a quick overview
| Question | Current principle |
|---|---|
| Does pregnancy automatically mean being issued a certificate of incapacity for work? | No |
| Must the employer assess risks in the working environment? | Yes |
| Can a pregnant employee demand work suited to her state of health? | Yes, on the basis of the relevant certificate of incapacity for work |
| Does a pregnant employee have to wait until the 31th day of sick leave before starting adapted work? | No, this general rule is not a precondition applicable to a pregnant employee under § 125 of the Occupational Health and Safety Act |
| Is a prenatal examination counted as working time? | Yes |
| Can a pregnant employee be sent on a business trip without her consent? | No |
| Tervisekassa's general daily benefit cap 2026 | 126,87 € |
| Does the limit of Kas 126,87 € apply to compensation for the wage difference paid to a pregnant employee working under adjusted conditions? | No |
| Can a pregnant employee be dismissed simply because she is pregnant? | No |
Frequently asked questions
Must an employer always offer a pregnant employee lighter work?
Not merely because of the pregnancy itself. If workplace risks or the employee's health require changes to working conditions, the employer must assess possible measures. Work suited to the employee's health condition on the basis of a sick leave certificate must be performed in accordance with the restrictions prescribed by a doctor.
Can a pregnant employee refuse adjusted work?
Yes. Under the Occupational Health and Safety Act, a pregnant employee or an employee entitled to maternity leave may refuse adapted work offered on the basis of a sick leave certificate.
Can an employer reduce the salary if a pregnant employee works a reduced workload?
When working under adjusted conditions on the basis of a sick leave certificate, the salary paid by the employer must not be less than 50% of the salary applicable before the sick leave began. Tervisekassa may, subject to the applicable conditions, compensate for part of the resulting pay difference.
Can a pregnant employee be made redundant?
Generally not. However, the law provides for exceptions, for example when the employer ceases operations and in certain bankruptcy cases.
Do you have to inform your employer about your pregnancy immediately?
There is no general obligation to disclose a pregnancy immediately after becoming aware of it. However, if an employee wishes to make use of special pregnancy-related occupational safety measures or special protection against termination of the employment contract, it is important to inform the employer.
Summary
The central principle governing the rights of pregnant employees in Estonia is that, where possible, the work is adapted to suit the employee's health condition rather than automatically assuming that they must stay away from work.
The employer must assess workplace risks, comply with the restrictions specified on the sick leave certificate, allow working time for prenatal examinations and take into account the stronger protection afforded to pregnant employees when terminating an employment contract.
However, not all pregnancy-related rights are absolute, and the specific solution depends on the employee's health, the nature of the work, the restrictions indicated on the sick leave certificate and the employer's actual ability to offer suitable work.
Sources
- Riigi Teataja – Occupational Health and Safety Act
- Riigi Teataja – Employment Contracts Act
- Riigi Teataja – Regulation No. 95 “Occupational health and safety requirements for the work of pregnant and breastfeeding women”
- Tervisekassa – Sickness benefit
- Tervisekassa – Temporary easing of working conditions
- Tööelu – Working during pregnancy
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The article is for informational purposes and does not replace individual legal or medical advice. Artificial intelligence was used in preparing the article, and the key legal and benefit-related information was verified using official public sources as of 14.09.2026.
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