Abstract
This article examines the Québec legislation regarding the preventive reassignment of pregnant or breast-feeding workers, a program designed to enable pregnant workers to obtain safe work or paid leave during pregnancy. The author describes the program, considers the role of treating physicians and public health physicians in its application, and concludes with an analysis of its qualities and drawbacks. Conclusions are based on the analysis of 349 Appeal Tribunal decisions representing all final appeal decisions relating to the program that circumscribe conditions of application, particularly in relation to definition of hazards and the role of doctors in adjudication. Although this program is currently unique in North America, the author suggests that it may serve as a model for other jurisdictions, providing a progressive alternative to traditional fetal protection policies.
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