Labor rights of a pregnant woman at work and their observance by the employer. Pregnancy and working conditions. What are the payouts at work?

Current regulations Russian legislation provide for a number of additional rights and privileges for employees preparing for the birth of a child. Absolutely every employer is endowed with a number of specific responsibilities in relation to the expectant mother, the fulfillment of which must be carried out on time. Basically, all the privileges granted are aimed at the following purposes:

providing the most gentle mode of work in terms of both emotional and physical costs, because too high loads can cause a deterioration in the health of the expectant mother or her child;
improving existing working conditions so that they are fully acceptable and suitable for the expectant mother;
ensuring full protection against the manifestation of any signs of discrimination by others. It's no secret that an employer rarely wants to have women employees in their position. This is easily explained, because such workers cannot perform certain tasks. professional tasks on par with others. In addition, the manager must take certain actions to change working conditions, which is often quite troublesome. That is why the current legal norms categorically prohibit discrimination against expectant mothers, establishing serious penalties for this crime.

Employment procedure for pregnant applicants

As mentioned above, not every employer wants to hire a pregnant employee. However, the current norms tell us that applicants for this or that position are absolutely not obliged to talk about their position. This is done so that the decision on employment, or refusal to do so, is absolutely “clean”. The employer must render the final verdict solely on the basis of the candidate's suitability for the existing vacant position.

If the head of an enterprise or organization has issued an official refusal to the applicant for employment due to her pregnancy, his actions will be recognized as absolutely illegal.

Employed pregnant employees are also not subject to the mandatory pre-probationary period.

Even if the employment contract contains a probationary clause, a pregnant employee may well sign the document, however this rule will not apply to it.

Features of further labor relations with the expectant mother

As mentioned above, pregnant employees working under a formal employment contract will have the following privileges:

they cannot be called to work at night - from 10 pm to 6 am;
future mothers also cannot work overtime, even if there is a need for this in the organization;
pregnant employees cannot be sent on business trips. In addition, they should not perform their professional duties on a rotational basis;
the working day of a pregnant employee can be reduced at any time upon her written application submitted to the head of the organization;
a woman can leave her workplace for a certain period of time in order to undergo mandatory periodic medical examinations. At the same time, this working day must be paid in the usual manner, without deduction of hours of absence;
if it is difficult for an employee to comply with a previously approved labor standard, it can be reduced upon her written application.

light labor

The concept of " light labor» may include a whole range of activities and additional measures, each of which is aimed at facilitating the current execution conditions professional duties pregnant worker.

In addition to the mandatory reduction in the established production rate, the employer, at the request of the employee, can transfer her to home work.

If a woman's work was previously associated with harmful or difficult working conditions, after the onset of pregnancy, she must be transferred to a new place of work where there are no such conditions. In a situation where there are simply no such places in the organization, the employee can be completely released from work with the preservation wages.

Working conditions in organizations or at work

In order to provide a pregnant employee with suitable working conditions for her, it is necessary to determine which of them are normal and which are harmful or difficult.

Difficult conditions may include the following professional duties:

constant lifting and carrying of heavy objects, the mass of which exceeds 2.5 kg;
the need to perform work in a certain physical position, for example, on your knees, as well as the movement of certain objects, with a total weight of more than 480 kg per work shift;
squatting or behind a conveyor, subject to pedal control, etc.

Harmful working conditions may include:

A pregnant employee may be involved in mechanized labor if its conditions do not contradict the above conditions. It is also allowed to perform work related to eye strain, but only if such activity does not exceed ¼ of total working time.

Particular attention must be paid to the workplace. It should not mean:

Constant presence in one position or standing.
Sitting on a chair without a back during the working day.

Features of the provision and registration of the vacation period

The employer issues maternity leave on the basis of a previously submitted and duly completed sick leave. Standard duration given period, in accordance with current regulations, is 140 days. At the same time, it can be increased, for example, with certain complications during pregnancy or due to the birth of two or more children.

During the scheduling of holidays for the coming year, a pregnant woman should always have the advantage and the right to exercise the first choice. As a rule, regular leave is simply added to the maternity period, thereby extending total time rest of the expectant mother.

At this time, the father of the child can also use certain privileges. For example, he has the right to take a vacation during the period he needs, regardless of the presence or absence of the required length of service, as well as other nuances. To do this, he must submit the main documentary evidence - a certificate issued by a doctor from the antenatal clinic.

If a pregnant employee is on legal leave, the employer will have absolutely no rights to recall her, even if her help is now much needed in the organization. In addition, the additional part of the vacation cannot be compensated by a certain monetary payment.

As soon as the official maternity period comes to an end, the mother will immediately have a legal right to receive parental leave.

Penalties against a pregnant employee and her dismissal

The current regulations establish that pregnant employees do not have any special privileges in relation to the imposition of disciplinary or liability. This means that in case of violations, certain penalties can be applied to them, but with the obligatory exception of dismissal.

If any dispute arises between the parties, it must be resolved in judicial order. At the same time, throughout the entire period of proceedings, the employee should be paid wages in the average amount.

The employer will not have the right to dismiss a pregnant employee, even if she is working for fixed-term contract. In such a situation, the validity of the document must be extended until the end of the legal maternity leave.

The only grounds for the dismissal of a pregnant woman at the initiative of the employer will be complete liquidation organizations. However, here you should also remember about the mandatory payment of severance pay.

If a pregnant worker believes that her legal rights have been violated certain actions employer - she can apply to one of the following authorities: a labor commission, a prosecutor's office or a judicial institution. At the same time, care should be taken in advance to collect all the necessary evidence, including medical certificates, a valid employment contract and other documents.

The modern state is doing everything possible to ensure that the rights of expectant mothers are reliably protected from the point of view of the law. At the same time, the awareness of pregnant women about these rights and additional privileges will also be an important aspect.

The first and main recommendation of gynecologists to all women bearing a child is the absence of unrest and rest at the first sign of fatigue. However, the reality is that most women combine pregnancy and work, but not all have the opportunity or desire to adjust their schedule or responsibilities to changed conditions. Someone is afraid of the sidelong glances of superiors and colleagues, some give all their strength to their favorite work, forgetting about sleep and rest, others focus on making money so that after childbirth they can recover calmly and take care of the child.

stress, harmful production, night shifts, early rises, and rushing are undeniably detrimental to the health of the mother and unborn child, while working with normal conditions and a schedule that allows for breaks helps to distract from the anxieties and fears common during pregnancy. How to build a relationship with the employer so that you do not have to choose between pregnancy and work? What rights and obligations do expectant mothers have, and what do employers have?

Labor Code provides for special guarantees for expectant mothers, allowing to secure this category of workers, not very beloved by employers. This applies not only to employees, but also to those who are just entering the new job, since pregnancy cannot be a reason for refusing admission. Such women cannot be assigned probation.

Many employers insure themselves by writing a condition about this in an employment contract, however, for pregnant women, this item will be illegal. This also applies to cases where the employee is in a position at the end of the probationary period.

With regard to leave at work, the Labor Code guarantees women during pregnancy the following rights:

The next leave can be granted according to the schedule either immediately before the maternity leave or immediately after it. Moreover, it can be taken by those women whose experience at the enterprise is less than six months, while in the general case, employees can go on vacation only after 6 months of work.
It is impossible to recall an employee from vacation even if she agrees to it.
It is not allowed to compensate with money unused vacation, a pregnant woman must realize it fully.
Maternity leave is granted for 140 days (in the general case), 156 (if ), 160 (if living in a radioactive territory) or 184 (if ) days. It starts 70 days (in general), 90 (for those living in a radioactive area) or 84 (for multiple pregnancies) days before delivery. The duration of the leave does not depend on the length of service, position, salary or other similar factors. During pregnancy, it is paid after the provision of sick leave in accordance with federal laws based on the average daily earnings at work, and the source Money is the FSS, not the employer. If a woman decides to work even at 8-9 months of pregnancy, she receives a salary, but not a benefit - it is accrued only after going on vacation.

Working conditions

The Labor Code provides for the possibility of easing the requirements for the results and mode of work when confirming the pregnancy of an employee, this includes reducing production standards or transferring to another job while maintaining average earnings. If such a transfer took some time, for this period the woman is released from work with the preservation of the average wage. The basis is a medical certificate or a statement from the employee herself.

Another one common cause for unrest - safety. As for the specific influence of technology, scientists do not have an unambiguous opinion about the action of radiation and electromagnetic fields, but various eye diseases due to constant voltage are a very real problem. According to the law - SanPiN of 2003, the time of working at a computer during pregnancy is limited to 3 hours per shift, however, few people know about this.

Features of work during pregnancy

During pregnancy, laws provide for getting rid of a heavy work schedule.

Such employees should not be involved:

at night time;
overtime;
shift method;
on holidays and weekends;
on business trips.

Not a single pregnancy can do without regular visits to the antenatal clinic and other medical examinations. The employer is obliged to release the employee to visit doctors and take tests, and average earnings maintained for this period.

If with physical activity and harmful working conditions, everything is clear, is it possible to perform sedentary work during pregnancy? Given the changes in the body, this can be fraught with stagnation of blood in the pelvis and an increase in the load on the intervertebral discs. These consequences sedentary work pregnancy can be avoided if you choose the right chair, take breaks for 15-20 minutes every hour and forget about the cross-legged position.

At the request of the employee, she should be given a schedule with incomplete working week or part-time. Under normal conditions, such a regime is established by agreement of the parties, but in the case of a pregnant woman, her unilateral demand is sufficient.

When do I need to bring a pregnancy certificate?

Evidence of pregnancy for the employer is a certificate from the antenatal clinic. This document is obtained only if necessary. If an employee does not have, for example, overtime, night shifts, harmful conditions, and the employer lets her go for medical examinations without any problems and does not plan to fire her, then you can do without a certificate.

On the other hand, for transfer to other conditions or working hours, as well as in case of disputable situations, it is necessary as soon as possible. At work, a certificate of pregnancy must be registered immediately after receiving it.

Pregnancy changes a woman's attitude towards herself and work. Not everyone can withstand the previous pace of life, the body is rebuilt, which leads to drowsiness, memory problems and poor health, and physical labor becomes especially severe during pregnancy. On the other hand, pregnancy is not a disease, and future mom may well continue to live as she used to, but with some nuances.

Remember your the main task is to bear a child, and stress, overwork, lack of sleep bring complications for the health of the mother and fetus. Do not overexert yourself - physically or mentally. Feel free to relax, eat, get outside. Ask for a reduced work day or other working conditions if needed. This can be problematic, for example, when working in kindergarten during pregnancy, you can only be offered a reduced shift with the preservation of all duties, however, if necessary, you can ask the gynecologist to send you on sick leave.

Pregnancy itself is not a contraindication to work, but in some cases the gynecologist may insist on the need for inpatient or outpatient treatment. , like bloody issues, pain, lack of movement - this is a reason to quit all work matters, no matter how important they may be.

When to tell at work about pregnancy, each woman decides for herself, taking into account all the pros and cons. If you do not want attention from colleagues, are afraid of problems, or work involves maintaining appearance, you can hide your condition with clothes for the first 3-4 months, however, then it will be difficult to do so.

If you report your pregnancy in the first weeks, try to keep a balance between the changed capabilities of your body and professional requirements. Simply put, if under the pretext of pregnancy you shift all your work to colleagues in the office, good relationship you are unlikely to save with them, and your reunion with the team after maternity leave will be greatly complicated.

Employers are usually reluctant to hire pregnant women. For this reason, they do not have the right to refuse a position, but the motivation may be different. If you get a new job, it is better to hide the pregnancy, instead, try to prove yourself as a competent specialist and responsible employee - this will help maintain relations with the employer and give you the opportunity to calmly return to this position after maternity leave.

Dismissal and reduction

Many people know that a pregnant woman cannot be fired or laid off. Even if the employer at the time of the decision did not know about the condition of the employee, she can easily recover through the court. However, this statement is valid only when an open-ended employment contract has been concluded with her.

Situations when a woman can still lose her job:

Liquidation of the organization or termination of the IP.
Fixed-term employment contract. If it is concluded for the duration of the absence of another employee, the employer is obliged to offer other vacancies suitable for working conditions. If the transfer is not possible, the woman will be fired. If a fixed-term employment contract is not “tied” to the return of another employee to work, then it is extended until the end of pregnancy or maternity leave, and the employee must provide confirmation of her condition (certificate from a gynecologist) at the request of the employer.

Returning to work after having a baby

The application for maternity leave or parental leave indicates the duration of the period of absence of a woman from work, and after it ends, she has the right to return to work in the same position. A woman can interrupt her vacation and leave early by writing a statement from her employer. She retains her benefit and is entitled to a shorter day.

Most often, two main problems become - the presence of a small child and the need to get used to work again. For young mothers, the laws provide for some concessions - reduced working hours, vacations, sick days, but the restoration of professional qualifications and adaptation will have to be given time and effort.

It's no secret that not everyone follows the laws. If you come across an unscrupulous employer, do not conflict and calm down. Your task during pregnancy is to save your nerves and strength, and the labor inspectorate, the court, the prosecutor's office, or in some cases a higher organization will deal with violations at work. In most conflict cases, the law is on the side of pregnant women.

Useful video about work during pregnancy and maternity leave

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Every working woman goes on maternity leave sooner or later. The employer partially observes the rights of pregnant women at work or, in general, does not consider her position. But the legislation of our country provides for many rights and benefits for expectant mothers, but not all pregnant women know about them. Let's see what a pregnant woman can claim.

What rights does a pregnant woman have under the law?

For the first time being in a position, a woman is obliged to know the privileges that she is entitled to by law. Very often, an "unsophisticated" pregnant woman is infringed and deprived of the privileges provided for by the Labor Code. In order not to get into such a situation, it is necessary to know the legal side of labor issues.

Do I need to hide my position when applying for a job?

Pregnancy cannot be called a disease. Therefore, a pregnant woman retains the right to "ask" for a job and refuse her employment because of an interesting situation, making it the reason for refusal, they have no right. And the Labor Code of the Russian Federation provides for criminal punishment for refusing to a woman in a position. They can refuse to accept a job if the education or its level does not meet the requirements of the workplace.

If the employer plays up and tries to find non-existent reasons, demand a written refusal indicating the arguments for which he cannot or does not want to accept you. This document can become decisive if the case goes to court.

There is no trial period for pregnant women at any enterprise or organization. She must be hired immediately. The law does not prohibit a pregnant woman from "hiding" the fact of pregnancy when applying for a job, and the employer does not have the legal right to hold her accountable after revealing the "secret". In this case, the role moral principles, and if you want to remain in your position after the decree, then it’s better not to hide your position.

The rights of pregnant women at work: can a future mother be fired?

Terminate at the main job due to pregnancy labor Relations her have no right. Here, "cunning" directors will not be helped by a reason for negligent attitude to work. A pregnant woman who negligently performs official duties, the maximum that threatens is a reprimand. A future mother can be dismissed from her position only in one case - the complete liquidation of the enterprise (transition from one owner to another or a change in the form of government is not a complete liquidation). The same reasons for dismissal apply to mothers on maternity leave.

In cases where the employee works under an employment contract. and the end of his term falls at the time of pregnancy, according to the law, the authorities must conclude with the expectant mother labor contract before the birth of the child. Only after a successful delivery or under unforeseen circumstances, the loss of the fetus (miscarriage) at work have the right to terminate the employment contract with her.

Working conditions for women in an interesting position at the main place of work: what can change?

The rights of pregnant women to light work are protected legislative framework. According to the Labor Code of the Russian Federation, a pregnant woman has the right to transfer to a place with a reduced working time. How many mandatory hours a woman in position should work is not spelled out, so this issue is being resolved with management. As for the payment, it will be charged only for the hours worked.

Also, the labor code provides that a pregnant woman is not required to work on weekends, holidays, night and overtime hours. Mandatory (under the guidance of superiors) business trips for them do not exist.

As an exception, when working conditions are contraindicated for a pregnant woman, and this is confirmed by a medical opinion, she must be transferred to easier working conditions, but at the same time her average monthly salary from her previous position should be maintained.

Vacation for pregnant women. What don't many people know?

According to the Labor Code, which applies to all employees, the employee has the right to annual leave. When going on vacation, the employee is required to pay vacation pay. For those who work in the organization for the first year, such a right comes after the first six months worked. As for women in interesting position, then they are allowed to go on their annual leave by attaching it to the decree (that is, "taking a walk" before or after the decree). How long a woman worked - it does not matter.

It is forbidden by law to recall the expectant mother ahead of schedule from annual leave. The concept of "decree" can be divided into two positions, namely:

1) The first is the statutory paid maternity leave. It is provided on the basis of a hospital document (sick leave), which is issued for a period of 30–32 weeks. With multiple pregnancies, the law allows a woman to be released on such leave at 28 weeks. It lasts:

140 days - subject to the normal course of pregnancy and successful delivery;
194 days - if the fetus is not one or there are complications during childbirth.

All vacation days are paid, vacation pay is accrued at 100% of the average monthly earnings (regardless of length of service). Vacation pay is paid in one lump sum.

2) Leave to care for a child up to 3 years. It is also divided into:

care leave up to 1.5 years;
vacation from 1.5 to 3 years.

The basis for sending a woman on parental leave is the birth certificate of the baby. According to the date of birth indicated in it, the employer must provide the accomplished mother with unpaid leave for a period of 3 years. All labor relations remain with the mother, and the employer does not have the right to dismiss or transfer to another place of work without her knowledge and consent. The only exception is the complete liquidation of the enterprise. Only in this case, the maternity clerk can be fired, but they must notify about this at least two months in advance.

How to put the boss in front of the fact of his position?

Seeing two stripes on the test, you should not immediately run to the authorities and declare that you are pregnant. Many bosses, having learned about the pregnancy of an employee, look for loopholes in the legislation in order to minimize the rights of pregnant women at work. But no matter how stubborn your boss is, remember that the law is on your side.

In order to avoid conflicts at work and the boss could not unlawfully infringe on the rights of a pregnant woman, it is necessary:

It is advisable to come to a mandatory examination by a gynecologist before 12 weeks. The first ultrasound (scheduled for 11-13 weeks) will show if your baby is healthy. In cases where a pathology is detected in the fetus, and the doctor insists on an abortion, then it is no longer worth talking about the rights of pregnant women. If everything is in order, then get registered and take a document that confirms your interesting position.
Take the certificate received in the antenatal clinic to the personnel department. If you have a suspicion that the “news” about your position will not be accepted with a bang, then first make a copy of the certificate and let the personnel officer put down the date of receipt of the document and the incoming registration number on it. Very often, such a piece of paper helps a woman to defend her rights.
In addition to the certificate, you, if you wish, write a statement in any form. It indicates that you want to enjoy all the rights and benefits that are legally provided for pregnant women. Usually such statements are "in use" when the "stubborn" boss does not want to take into account the position of the employee.

By such actions, you will reinsure yourself against unexpected "surprises" from the leadership.

Excerpts from the Labor Code of the Russian Federation. Get ready to meet the boss!

The Labor Code (Labor Code) was developed back in Soviet times, so the information below will be useful not only to citizens Russian Federation, but also to everyone who has citizenship in the post-Soviet countries. Since it was this legislative code that formed the basis of the Labor Codes of the countries formed after the collapse of the USSR. The only difference may be the numbers of articles that you will have to refer to, proving to your superiors that you are right.

The rights of pregnant women at work, what can be claimed according to the Labor Code of the Russian Federation?

Art. 64 - prohibits refusing employment due to future motherhood;
Art. 70 - exempt from passing the probationary period;
Art. 255 - regulates issues of maternity (maternity) leave;
Art. 258 - if you return to work before the end of maternity leave, then according to this article, until the age of a year and a half, a woman has the right to additional time intended for feeding him (30 minutes, but every 3 hours);
Art. 259 - protects from sending on a business trip (with the exception of the written consent of the expectant mother) and work at night, holidays, overtime;
Art. 261 - prohibits the dismissal of women in position;
Art. 298 - excludes employment with rotational working conditions.

Waiting for the birth of a child is a bright period for every woman, so nothing should overshadow this time. In order not to violate the rights of pregnant women at work, try to solve all non-standard situations with management in a dialogue way, but do not forget to point out to your superiors the legal component that you already know about. Easy childbirth and conflict-free situations at work.

Author of the publication: Olga Lazareva

The Labor Code prohibits denying employment to women in position. The rights of pregnant women at work are also protected. In particular, the law does not allow establishing a probationary period for them when hiring, dismissing them at the initiative of the employer, except for the cases specified in the law, provides for a number of other benefits.

Rights and benefits of pregnant women in employment

Article 64 of the Labor Code of the Russian Federation regulates the rules for concluding an employment contract, prohibiting restricting a person’s right to get a job according to any criteria, including because of the presence of pregnancy or small children, except for business qualities.

The Labor Code protects expectant mothers and provides them with a number of benefits when applying for a job. In accordance with Article 70 of the Labor Code of the Russian Federation, pregnant women must be employed without a probationary period.

When hiring a woman, the employer does not have the right to refuse her employment if she is pregnant. Also, he should not be interested in whether she is pregnant at the time of employment. It is possible not to hire a future mother if the level of her qualifications is insufficient or does not meet the requirements for the job that the pregnant woman is applying for.

If a woman understands that she is being refused on a far-fetched pretext, she has the right to ask for a refusal in writing. With it, you can subsequently apply to the labor inspectorate or the court and prove that there was an employer's bias and an unreasonable refusal of employment.

In practice, this is not so easy to do. Employers, knowing about the requirements of the law, try to circumvent them so as not to fall under penalties. Therefore, do not just ask for a written refusal, but state your request on paper and register with the director's secretary as expected, with the assignment of an incoming number and with registration in the call log.

Rights of pregnant women at work

The rights of a pregnant woman at work are protected by the Labor Code. She cannot be fired even under Article 81 of the Labor Code of the Russian Federation for violation work schedule, absenteeism or other violation.

The rights and benefits of a pregnant woman at work are discussed in the following video

Benefits of working expectant mothers

By law, a working woman, preparing to become a mother, can take advantage of benefits specially provided for by law. Not all women know the law well, and employers often take advantage of this. In order not to lose the right privileges, you need to remember the following:

Transfer to another position

If a pregnant woman is unable to fulfill her previous duties, the employer must offer her another job. According to part 3 of Art. 261 of the Labor Code of the Russian Federation, this can be not only a job that matches the qualifications of the employee, but also a lower paid and lower position, as well as all vacancies that are suitable for a woman for health reasons and are located in the area.

Pregnant women should be given light work. The expectant mother has the right to ask for a transfer to light work. This is done in the application form. A medical certificate confirming the need for translation can be attached to the application. It is issued by a antenatal clinic doctor. It indicates which specific work is contraindicated. For example, lifting weights, working in rooms with high humidity, etc. If a woman is transferred to light work, she retains the average earnings that she had in her previous position.
The pregnant woman has the right to switch to. How many hours her working day will last, the manager sets. Payment must be made for actual hours worked.
A pregnant woman is released from work on weekends, holidays, days. She should not be asked to work nights or overtime.
A pregnant woman has the right to take an annual labor or after it. Every employee has the right to receive paid leave once a year. You can take it after working for at least 6 months. This rule does not apply to expectant mothers. As the Labor Code of the Russian Federation regulates, pregnant women can take annual paid leave after working any amount of time. It is impossible to call a pregnant woman to work from vacation ahead of schedule.
A pregnant woman cannot work on a rotational basis. The Labor Code of the Russian Federation of 2019 for pregnant women, in article 298, limited the possibility of working away from their permanent place of residence.
A pregnant woman has the right to leave work to see a doctor for regular checkups. If the pregnancy is multiple or gestation is complicated by various problems, systematic examinations, tests, etc. may be required. A woman must be released from work with pay at the time of the visit to the clinic.
After the expectant mother takes a certificate from the medical institution confirming her condition and registers her in personnel department, she is obliged to allocate time to visit the doctor as needed.
A pregnant woman in the process of work should receive additional breaks. She also cannot be transferred to another job without her consent, unless it is a transfer to light work.
A pregnant woman is entitled to paid maternity leave. In the usual case and a normal pregnancy, a woman has the right to write an application for a paid leave for B&R for a period of 30 weeks. If the pregnancy is multiple, the law allows you to take a vacation of 28 weeks. If a woman lives in areas that have the status of environmentally disadvantaged, she is allowed to go on leave for B&R at 27 weeks. Thus, depending on the circumstances, the duration of the BiR leave can be 140, 156, 160 or 194 days. If the birth went with complications, one more for 16 days will be added to the sick leave for 140 days. It will be issued by the doctor of the maternity hospital.

In addition to a pregnant woman, her husband also has benefits. At his request, the employer is obliged to provide him with annual leave for the period when his wife is on maternity leave. Moreover, it does not matter what his experience of continuous work at this enterprise.

Vacation in BiR is granted on a declarative basis. Let's take a closer look at what this means and why you need it. Having written an application for going on vacation in BiR, and attaching a sick leave to it (Article 255 of the Labor Code of the Russian Federation), the expectant mother hands these documents to her employer (when the employer should report pregnancy, read). Vacation pay begins. And here it may turn out that it is unprofitable for a pregnant woman to go on vacation, because she will lose in salary. The fact is that women receive all maternity payments at the place of work, but the Social Insurance Fund allocates funds for their payment to the employer. The Fund's possibilities are not unlimited, therefore, when calculating the amount, the value of the basic marginal income was introduced. The amount of vacation pay for B&R depends on the size of the average daily earnings of the maternity mother for the 2 years preceding the year of maternity leave.

When the average daily earnings are calculated, it must be compared with the value of the maximum average earnings for the current year adopted by the legislator. If a woman's earnings exceed the value established by law, the base is taken to calculate the allowance.

You can watch the calculation of the B&R allowance in this video

That is why it is unprofitable for some expectant mothers whose income is above the legal baseline to go to maternity leave. The law provides for the possibility of such situations. Therefore, going on vacation in BiR is a voluntary matter of the worker herself.

She has the right to continue working until the day of delivery and to issue only the postpartum part of the leave. The next stage, registration of leave to care for a child under 3 years old, a young mother may also not use. She has the right to go to work, and her father, grandmother or other working relatives can take leave to care for a newborn. Look for material on the design of maternity leave for your husband at the link.

The expectant mother needs to remember what rights a pregnant woman has at work, whether she is entitled to benefits under the law, and in case of misunderstanding or unreasonable actions of the head, refer to the article of the Labor Code.

If the requirements of the pregnant woman are legal and she knows all her benefits and rights, the employer will not violate the law. Failure to comply with the rules threatens him with serious sanctions (Article 145 of the Criminal Code of the Russian Federation).

Rights of a pregnant woman upon dismissal

Additionally

If the rights of a pregnant woman were nevertheless violated, it is necessary to defend them, relying on the law. This can be done in several ways. First you need to write a statement addressed to the head with reference to the articles of the law and the requirement to comply with them. If this does not work, then it is worth writing a complaint to the State Labor Inspectorate and (or) to the prosecutor's office. An extreme measure would be to go to court, but no later than 3 months from the date of violation of rights.

A pregnant woman cannot be fired at the initiative of the employer. It is also impossible to try to circumvent the law prohibiting dismissal and come up with some kind of violation or find fault with the employee and accuse her of poor-quality work. Article 81 of the Labor Code of the Russian Federation, regulating the dismissal of workers for disciplinary violations, prohibits the dismissal of pregnant women, no matter what offense they have committed.

It is possible to dismiss a pregnant woman only in the event of the liquidation of the organization and the closure of the IP. More information on the dismissal of a woman on maternity leave during the liquidation of an enterprise -.

The Labor Code of 2019 establishes for pregnant women certain rules layoffs at the initiative of the employer. This can only be done when the enterprise where the woman works is liquidated. Upon dismissal, she will receive a salary for the hours actually worked, compensation for unused vacation, job loss benefits and maternity payments to the Social Insurance Fund or the Social Security Administration.

Also, you can fire the expectant mother:

if her work takes place in difficult conditions and transfer to light work within the framework of this organization is impossible;
by agreement of the parties;
at will.

In a disputable situation, remind the employer of the articles of the Labor Code of the Russian Federation for pregnant women that give them rights and benefits:

Art. 64 of the Labor Code of the Russian Federation guarantees the future mother the conclusion of an employment contract.
Art. 70 of the Labor Code of the Russian Federation prohibits testing a pregnant woman in order to verify her compliance with the work received.
Art. 255 of the Labor Code of the Russian Federation speaks of granting leave in BiR for at least 140 days.
Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women.

You can ask questions about the rights of pregnant women at work in the comments to the article.

A woman who has made the decision to have a child often faces a dilemma. It is very difficult for many to decide what is a priority for them - career or personal life. Realizing that she is pregnant, the expectant mother begins to look for answers to questions: what to do with work, when to take maternity leave, how the authorities will react in case of frequent sick leave, and suddenly they will offer to quit, and so on. Pregnancy and work are quite compatible, and every woman should understand this.

Expectant mother and her work

You good news are you pregnant? Do not make hasty decisions, calm down and think things through. Initially, visit a gynecologist and consult about your current condition. If there is a risk of complications, it may well be that for a certain period of time you will have to forget about the workplace.

In the absence of health problems, you can safely continue to attend work, until the decree. Don't be afraid to tell employees about your situation. Hiding it is highly discouraged. As practice shows, many women try to “hide” their pregnancy for as long as possible.

They do so for various reasons. Some think that they will definitely be fired, others are afraid of deprivation of additional payments and bonuses, others do not tell anything, simply for superstitious reasons. All these fears are unfounded. On the contrary, they deprive the pregnant woman of all the privileges that her position brings and is rightfully due to her. The employer is not entitled to:

Dismiss this category of employees or reduce them.
Transfer them to easier work and at the same time reduce wages.
Refuse to shift the work schedule (this applies to the beginning and end of the work shift).

It is always worth being prepared for the fact that management can behave, to put it mildly, "unfairly." Ignoring the laws that protect expectant mothers, the bosses are looking for ways to get rid of such a “drawer”.

A woman is offered a woman to switch to a lower rate in order to save money, sent at "her own expense" and even offered to quit. Noticing this attitude towards yourself, you should not be afraid and despair. Learn your rights and stand up for them boldly. In case of violation of the law, the employer is liable.

How to report pregnancy?

Before you tell your boss important news, you need to prepare in advance. There is no guarantee that this message will be received positively. Do not be offended in case of such a reaction. Set yourself on a positive note, don't make a fuss, don't make threats, and try to discuss the matter calmly and kindly.

When planning to stay at work and then go on maternity leave, it is best to inform management in advance. After all, sooner or later it will have to be done. Don't wait until your "secret" becomes too obvious.

The boss will perceive silence as a conscious deception and the attitude towards you is unlikely to become positive. From the experience of such cases, it is clear that it is better to resolve all issues in a timely manner. It is irresponsible to bring the situation to distrust of oneself, thereby aggravating the situation in the team.

Do not think solely about your own benefit, because the boss must prepare for your departure. And this takes time. Timely awareness will allow you to pre-select a person for your place.

Restrictions while working

What rules should a pregnant woman follow at work during the period of bearing a baby?

Avoid excessive physical activity.
Avoid situations that cause nervous stress and depression.
It is contraindicated to stay in one position for a long time (sit or stand), to come into contact with toxic and chemical substances in your activities.
It is necessary to take rest breaks during the work shift.
Work is shown no more than forty hours a week, and only in the daytime.

The workplace in the office should not be located near heaters, fans, in a draft, near an air conditioner, near printers, copiers and other equipment.

Documents for issuing a decree

Women officially registered under an employment contract should not worry. All payments are made by the organization in which you are registered at work. The rest of the expectant mothers will have to apply to the relevant structures, namely the Department of Labor and Social Protection of the Population (UTSP) according to the registration of the place of residence or actual residence.

After making sure of your position, do not delay contacting women's consultation where you will be taken for medical control. Here they must issue a certificate, which is subsequently submitted to the HR department for registration of leave related to the bearing of a child and future childbirth. In addition, on the basis of this document allowance will be paid. When calculating it, the average earnings for 180 days of previous work are taken into account. Including bonus payments, travel allowances, surcharges and vacation pay are taken.

When deciding to reinstate at work, even if a sick leave was issued, maternity money is not paid. The law does not provide for parallel financing of salaries and benefits.

Persons involved in entrepreneurial activity, funds under the decree are paid by the social insurance fund. Students and the unemployed apply for payments to the Social Security Administration.

The rights of working mothers

Basically, all women, being pregnant, are quite sure that they can master the performance of the volume of official duties. But in reality, they don't always succeed. If you understand that you are not coping, do not gloss over this fact. Talk to management about ways to reduce workloads and eliminate the most difficult tasks to complete. You can ask for help if you do not have time to do something. Surely the boss won't mind.

The issue of the health of the mother and the unborn baby should come first. And overworking during the period of bearing a child is extremely dangerous. Therefore, even with a slight deterioration in condition, fatigue or the appearance of questionable symptoms, the best thing to do is to suspend work activities for a while.

A pregnant woman who is employed can:

Sick leave for an unlimited number of days.
Require management to reduce production standards or transfer to a site with lower loads (without changes in wages).
Raise the issue of reducing the length of the working day.
Do not work at night, in excess of established standards, on weekends and holidays.
Refuse travel.

The workplace is retained for the entire period of stay on postnatal sick leave and parental leave. The employer is not entitled, without this consent, to reduce or dismiss a pregnant woman. If the company is liquidated or declared bankrupt, the management is entitled to dismiss such an employee, and her subsequent employment is mandatory.

Working in a seated position

If your job requires constant sitting, then it would not be superfluous to know some rules:

You need to sit on a comfortable chair, with armrests and with a back.
The height of the chair is adjusted so that the feet rest completely on the floor, while the bent legs create a right angle.
It is necessary to take breaks from work every 45 minutes and get up from the workplace to walk and do exercises.
When you are sitting, do not cross your legs. In this position, blood circulation in the pelvis is disturbed.

During pregnancy, the load on the spine increases significantly as the uterus grows. Incorrect posture when sitting on a chair exacerbates the load, and also leads to pathological processes in the pelvic organs. Prolonged sitting, in the absence of breaks, contributes to the development of hemorrhoids.

Pregnancy and computer technology

Many expectant mothers are concerned about the safety of working at a computer during the period of bearing a child. If the job requires the use of a computer, will it harm the baby? After all, performing official functions, you can spend the whole day behind the monitor.

For many years, experts have been trying to determine how dangerous a computer is for a woman who is expecting a baby. Repeated studies were carried out, statistical records were kept of pregnant women, whose work is a constant presence at the computer, the percentage of pathologies in the development of the fetus and spontaneous abortions was determined. Fortunately, the connection between possible miscarriages and working at a computer has not been established.

It is worth noting that technology is improving at an incredible speed and these are no longer the machines that were produced several decades ago. Then, in order to protect yourself, it was necessary to use protective screens from electromagnetic radiation. Despite this, it cannot be said with certainty that prolonged exposure to a computer screen during pregnancy is absolutely safe.

You need to sit in front of the monitor in the correct position, with a straight back and at the optimal eye distance from the monitor. It is important to take breaks from work. Do not forget about dangers such as physical inactivity and blurred vision.

Pregnancy and labor code

Awareness in the issue of "pregnancy and work" helps ladies in the position in employment.

A woman is able to work the first six months of pregnancy. Very often, the employer refuses to enroll this category in a job. Thus, he saves himself from the problems associated with the payment of maternity money and vacation pay.
It is important to know that it is illegal in the absence of other good reasons.
You are required to be accepted into the state, and without appointing a probationary period.

Knowing clearly about your rights, you can easily develop a strategy for behavior in a team. The Labor Code is designed to protect a person, his rights to work and rest. No exception and women bearing children. This is not to say that absolutely everyone likes these laws. However, we must comply with them. You will need some courage in upholding positions. And remember, the law is on your side.

You can plan a decree from the seventh month of pregnancy. The doctor in charge of your pregnancy will issue a certificate. It will indicate the term of your position and the expected date of delivery. The duration of prenatal leave is 70 days, in case of multiple pregnancy it is extended to 84 days. After childbirth, according to the law, 70 days of sick leave are required if the birth went without complications. If there are problems with delivery, a woman is disabled for 86 days, and 110 if twins were born.

At the end of the period of prenatal and postnatal sick leave, an application is written for granting leave to care for the baby, until he reaches the age of three years. For the entire period, the organization retains the workplace for you. Also, the maternity period is counted in the insurance experience. You can return to work without waiting for the end of the three-year break. But, in such a situation, funding for benefits will be suspended.

Rest time

For women in an "interesting position" there are also benefits regarding vacations. Prior to going on sick leave before childbirth, the employer must not create obstacles and provide the employee with annual and additional leave without taking into account the period worked at the enterprise for the current year.

After all, after the sick leave, most often, women go on parental leave and can no longer use the opportunity to “walk away” the days laid down by law. This technique is widely practiced in government institutions.

Payments at the birth of children

According to the current legislation, both working women and those who are not employed are entitled to receive benefits. If a woman waiting for a baby is registered at work employment contract, then the allowance will be provided at the place of her work. The basis for this is a certificate of incapacity for work issued in medical organization. The amount of payments is one hundred percent of wages. The rest of the fair sex applies for registration of assistance to the social security at registration.

To apply for a loan, you must provide the following documents:

Certificate of approved form from the hospital.
Application of the established form.
Certificate from the place of work, study, service.
Individual tax number, passport, work book.
A document from the employment center (if you are looking for a job and have submitted documents to the employment service for this).

You should apply for the allowance within six months from the end of the maternity leave.