Canary Islands Court Rules Pregnant Airport Worker Entitled to Early Risk Benefits

A recent ruling by the High Court of Justice of the Canary Islands (TSJC) has set an important precedent for maternity rights in the workplace. The court rejected an appeal from an insurance provider, confirming that a security guard at Tenerife North Airport is entitled to "risk-during-pregnancy" benefits from the very beginning of her pregnancy, rather than starting only in her fifth month.

The dispute began in April 2023, when the employee informed her employer she was six weeks pregnant. Although safety experts recommended several restrictions—such as avoiding heavy lifting, night shifts, prolonged standing, and exposure to potential aggression or radiation—the company argued it could not adapt her role to meet these needs.

The insurance company had classified the job as a "moderate" risk and deemed the employee "fit to work with restrictions." However, the court sided with the worker, noting that she had been forced to use her vacation time because the insurer refused to cover her leave during the early stages of her pregnancy.

The court specifically highlighted the danger of ionizing radiation from security scanners. It ruled that because the employee had to pass through these areas to reach essential facilities like restrooms and locker rooms, she faced a genuine risk that justified full benefits from the start.

This decision underscores the challenges of balancing operational needs at critical infrastructure sites with workplace safety regulations. By refusing to overturn the lower court’s findings, the TSJC has reinforced the protection of pregnant workers against technical assessments that fail to account for real-world safety risks. The ruling serves as a reminder that companies and insurers must conduct thorough, realistic risk assessments to ensure that the burden of managing pregnancy-related leave does not unfairly fall on the employee.