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 staying away from work. In many cases, work can continue as usual or under adjusted conditions. At the same time, the employer is obliged to assess risks in the working environment and take account of restrictions arising from pregnancy.

If a pregnant employee's health condition does not allow her to work under the existing conditions, she may be entitled to work under lighter or otherwise adjusted conditions on the basis of a certificate of incapacity for work. If suitable work cannot be offered, release from work duties and a benefit from Tervisekassa may be considered.

The information in the article has been verified as of September 14, 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 Regulation No. 95 of the Government of the Republic of Estonia, “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 their pregnancy. The employer must then consider whether the working environment contains risk factors 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 hazards and, if necessary, change the working conditions.

Depending on the job, possible solutions may include:

• 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 must not work. The question is whether the specific work and working environment are safe, taking the employee's health condition into account.

There is a separate guide on this in Tööinspektsioon's Tööelu portal: working during pregnancy.

If your health no longer allows you to work under the existing conditions

From 15 May 2024, the main rule governing work suited to a pregnant employee's health condition is no longer derived from the former § 18 of the Employment Contracts Act. Working on the basis of a certificate of incapacity for work is now 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 appropriate to their health condition 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 certificate of incapacity for work.

How much must the employer pay during adapted work?

If a pregnant employee works under adjusted conditions on the basis of a certificate of incapacity for work, the remuneration paid by the employer must not be less than 50% of the remuneration applicable before the start of the relevant certificate of incapacity for work.

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 sick leave certificate and salary data.

According to Tervisekassa's current benefit table, this is treated as a sick leave certificate with the reason “providing a pregnant employee with work appropriate to their health condition”.

Further information: Tervisekassa sickness benefit terms and conditions.

What happens if suitable work cannot be offered?

If the employer cannot provide a pregnant employee with work that complies with the restrictions specified on the sick leave certificate, the pregnant employee may refuse to perform their duties. The pregnant employee is also not required to accept the adapted work offered to them.

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 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 remuneration, insurance details, and the type of certificate of incapacity for work affect the final amount.

The sickness benefit cap of 126,87 euros: does it also apply to pregnant employees?

From 1 January 2026, a general benefit cap applies to new cases of temporary incapacity for work paid by Tervisekassa.

In 2026, the maximum amount per calendar day is 126,87 euros.

However, there is an important exception. The maximum is not applied to a certificate of incapacity for work for providing a pregnant employee with work suited to her health condition if:

• the pregnant employee's working conditions have been adjusted;
• they continue working;
• Tervisekassa compensates for the difference between the wages paid by the employer and the previous average wages.

Therefore, it is not correct to say that the daily limit of 126,87 euros automatically applies to all pregnancy-related sick leave certificates.

What changed regarding long-term sick leave on 1 April 2026?

From 1 April 2026, in the event of a long-term illness, an employee may begin working under adjusted conditions on the basis of a certificate of incapacity for work once more than 30 calendar days have passed since the start of release from work duties.

Previously, this generally required a longer wait.

Adjusted work may mean, for example:

• a reduced workload;
• shorter working hours;
• lighter work duties;
• other working conditions that take into account the restrictions prescribed by the doctor.

Such work is voluntary and requires the employee, the treating physician, and the employer to be 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.

More information: Tervisekassa – temporary easing of working conditions.

Prenatal examinations take place during working hours

A pregnant employee has the right to attend an antenatal examination at the time specified by a doctor or midwife.

The employer must grant time off for this, and this time is counted as working time.

This right derives from subsection 10(4) of the Occupational Health and Safety Act.

Can a pregnant employee be sent on a business trip?

A pregnant employee's consent is required to send her on a business trip.

The same principle applies to an employee raising a child under three years of age 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 the employment contract, but it is important to understand that this is not an absolute prohibition on terminating the 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.

Termination of the employment contract on another lawful basis 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 lawfulness of terminating an employment contract, the time limits 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 an employment law specialist.

Flexible working hours 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 specifically intended for pregnant employees, nor does it automatically entitle them 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?

1. Inform the employer of the pregnancy, if special measures are required due to the working environment or work arrangements.
2. Talk to a doctor or midwife, if the existing working conditions are unsuitable due to your health condition.
3. Check the restrictions indicated on the sick leave certificate and provide the employer with the necessary information.
4. Discuss specific solutions with the employer – for example, changing working hours, workload or duties.
5. Do not assume that the only solution is to stop working entirely. In many cases, work can continue under adjusted conditions.
6. 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 a pregnant employee 2026: a quick overview

Frequently asked questions

Does an employer always have to offer lighter work to a pregnant employee?

Not merely because of the pregnancy itself. If workplace risks or the employee's health condition require changes to working conditions, the employer must assess possible measures. Working in a role appropriate to the employee's health condition while on sick leave is subject to the restrictions prescribed by a doctor.

Can a pregnant employee decline adjusted work?

Yes. Under the Occupational Health and Safety Act, a pregnant employee or an employee entitled to maternity leave may decline adjusted work offered on the basis of a certificate of incapacity for work.

Can an employer reduce a pregnant employee's pay if she works a reduced workload?

When working under adjusted conditions on the basis of a certificate of incapacity for work, the remuneration paid by the employer must not be less than 50% of the remuneration in effect before the certificate began. Tervisekassa may, subject to the applicable conditions, compensate for part of the resulting wage difference.

Can a pregnant employee be made redundant?

Generally not. However, the law provides for exceptions, such as when the employer ceases operations and in certain cases of bankruptcy.

Must the employer be informed of the pregnancy immediately?

There is no general obligation to disclose a pregnancy immediately after becoming aware of it. However, if the employee wishes to use special occupational safety measures related to pregnancy or special protection against termination of the employment contract, it is important to inform the employer.

Summary

The central principle of pregnant employees' rights in Estonia is that, where possible, the work is adapted to the employee's health condition rather than automatically assuming that the employee should stay away from work.

The employer must assess workplace risks, comply with the restrictions specified on the certificate of incapacity for work, 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 condition, the nature of the work, the restrictions specified on the certificate of incapacity for work, 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

This article is for informational purposes and is not a substitute for individual legal or medical advice. Artificial intelligence was used in preparing the article, and the key legal and benefit-related information was verified against publicly available official sources as of 14.09.2026.