Extraordinary leave during pregnancy. What should you pay attention to? How many vacation days can you take?

Take a vacation before maternity leave Any pregnant employee can, and the employer has no right to refuse her. It is enough for a woman to write application for leave before maternity leave, management's opinion in in this case no one asks: it doesn’t matter whether the employer agrees or not. There is an application - I must provide it. Usually in such a situation, HR officers and accountants have several questions. Is it provided pre-maternity leave in advance, if the working year has just begun, and after past period Is your vacation off? If the working year is not fully worked, then how many days vacation before going on maternity leave obliged to provide? And what to do if taken leave before maternity leave in advance, and at the end of maternity leave the woman quits? After all, in this case, she received money for a vacation that she had not yet earned.

Are you required to provide annual leave before maternity leave?

Let's turn to the legislation that protects the rights of pregnant women. As follows from Art. 260 of the Labor Code of the Russian Federation, work experience of this employer not important because annual paid leave before maternity leave is provided at the request of the woman. Even if she has only worked for a couple of months and, according to the personnel officer or accountant, she has not yet earned her vacation.

In case of refusal, contact the labor inspectorate.

We are writing an application for maternity leave :

Based on Art. 260 TC, I ask you to provide annual basic paid leave for the period of work(indicate the working year: from the date of admission year) at 28 calendar days from... to...(28 days before the start of sick leave, 29 days is the start of sick leave)

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Is it obligatory to provide annual leave in advance if leave was provided during the previous working year?

If vacation has already been granted for the previous or current working year, and the next working year has not yet begun, then you are not required to do so. If the next working year has begun, then you must.

According to Art. 122 of the Labor Code of the Russian Federation, vacation is granted annually, while the employee’s right to the first vacation arises after 6 months. after starting work for this employer, subsequent holidays can be provided at any time of the working year, regardless of length of service (Article 123 of the Labor Code of the Russian Federation).

However, pregnant women are an exception to the rule. If she writes an application, then she must be given leave before maternity leave before the expiration of 6 months, even if this is the first year of work.

But vacation is granted for the past or current working year. If the working year has not yet begun, then there is no right to vacation either.

Let me give you a few examples.

The woman worked for 5 months. from this employer, wants to take annual leave and then maternity leave.

She has the right to take this leave; she just needs to write a statement to express her desire.

Example #1

Working years for women: from August 1, 2011 to July 31, 2012, from August 1, 2012 to July 31, 2013, from August 1, 2013 to July 31, 2014, from August 1, 2014 to July 31, 2015, etc.

She took her vacation for the first working year (from August 1, 2011 to July 31, 2012). From December 1, 2012, she begins maternity leave.

She has the right to take annual leave before maternity leave, since the second working year has already arrived a long time ago, i.e. the 2nd working year began on August 1, 2012.

If vacation under the BIR began on July 15, 2012, for example, then vacation would not be due, since vacation for the period from August 1, 2011 to July 31, 2012 was taken off, and the next working year has not yet begun.

Example No. 2.

The woman has been working since December 1, 2011. She was given 28 days of vacation in the summer for her first working year (from December 2011 to November 30, 2012). On November 15, 2012, she begins maternity leave.

She does not have the right to claim annual leave for the second working year before maternity leave, since the second working year will begin only on December 1, 2012, and for the first working year the vacation was taken off.

How many days can a woman take before maternity leave if the vacation is provided in advance?

As follows from Art. 115 of the Labor Code of the Russian Federation, the duration of annual basic leave is 28 days, and some employees, for example, teachers, are entitled to extended leave.

That is, an employee must take 28 days off per year and no less. Dividing vacation into parts is possible only by agreement between the employee and the employer (Article 125 of the Labor Code of the Russian Federation). An agreement implies the consent of both parties.

Therefore, the employer’s statement: “I won’t give you 28 days because I haven’t worked yet,” is illegal.

Thus, since the duration of annual leave is set at 28 days (or extended), and division into parts is allowed only with the consent of the employee, then if a pregnant woman wants to go on leave for all 28 days, even if she has not yet earned her leave, the employer is obliged to let her go .

Are vacation pay returned if vacation is provided in advance, and the woman quits without working?

Money paid for days not worked vacations will be deducted from wages on the basis of Art. 137 Labor Code of the Russian Federation. True, they do not have the right to withhold them in the event of your dismissal due to liquidation, layoff, etc.

In addition, deductions cannot exceed 20% of salary.

What to do if a woman quits her job immediately after maternity leave? After all, there is no salary. And in this case, it is impossible to collect vacation pay, which is why employers do not want to provide vacation in advance.

Should I take a vacation before maternity leave?

If you want a vacation in advance, don’t plan to quit after maternity leave, and really don’t want to work, take it. This will not affect the amount of BIR leave and parental leave. And if you don’t take your vacation, you will have to return the money.

If you get part of your 28 days of vacation in advance, and you don’t want this part to hang on you, take the number of days you worked. At the same time, maternity leave, like any sick leave, like the vacation you go on, is included in the length of service, so consider these months as worked. Count 2.33 days for each month of work.

What to do, if ?

What is the order of organization

Based on the provisions of the Labor Code of the Russian Federation, a pregnant woman can use her legal paid rest time at her own discretion, both before and immediately after maternity leave. Providing the expectant mother with work holidays before maternity leave is the employer’s responsibility; he has no right to neglect it. Let's consider in our article how it is provided unused vacation before maternity leave, and whether it is paid.

Is leave required before maternity leave?

There are several options for the duration of the vacation, which is paid before the period under the BiR arrives. At will and mutual agreement An employee can apply for any of the following methods:

• labor leave in advance. Maximum term such fully paid rest - 28 days or more, if the conditions and nature of work provide for a long period of rest;
• vacation pay for time worked that precedes the start of the child care period. Sick days due to pregnancy and childbirth must also be counted as time worked.

How many days of vacation before maternity leave?

The expectant mother has the right to register annual holiday V in full or partially at your own discretion. It is impossible to take leave before maternity leave for days worked only in one situation - if you have already received vacation pay in the current year. Art. 260 of the Labor Code of the Russian Federation gives a pregnant employee the right to take paid leave, the duration of which is at least 28 days, at any time. It is possible to divide them into several parts, but the duration of one of them is more than 2 weeks (Article 125 of the Labor Code of the Russian Federation).

The general rule, according to which an employee has the right to rest no earlier than six months after being hired, does not apply to pregnant women.

Work schedules, work requirements and geographic location also affect the possibility of additional leave before maternity leave. Residents of the Far North are entitled to up to 40 days of such rest. In addition, the provision of vacation pay is possible by mutual agreement of the parties. In this situation, it is necessary to make appropriate amendments to employment contract.

Paid holiday

There are no exceptions to the payment of vacation pay before the BiR. The main days are paid in full and within the terms established by the Labor Code of the Russian Federation and labor agreement. Vacation pay is calculated by multiplying vacation days by the average daily rate (Article 114 of the Labor Code of the Russian Federation). The amount is determined according to the following principle:

• summarize all items of income received for the year before the start of paid vacation;
• the resulting figure is divided by 29.4 (the average number of days in a month).

Vacation in advance

Such rest is possible only with the consent of the employer. In fact, get extraordinary paid leave for pregnant women before maternity leave in advance for next year impossible. This is associated with the following features:

• payment of vacation pay. They are accrued for the current year;
• in a situation of subsequent dismissal, the enterprise can recover only 20% of the last salary (Article 137 of the Labor Code of the Russian Federation). Another circumstance is the required break from work for pregnancy and childbirth, as well as child care (Article 255 of the Labor Code of the Russian Federation). IN total an employee can remain in her job for about three years. Moreover, the employer is obliged to guarantee her the opportunity to take up the position after the completion of this period.

Part of the annual paid rest that exceeds 28 calendar days, at the request of the employee in writing can be replaced by compensation in the form of cash for unspent vacation before maternity leave.

There are 3 main ways in which you can dispose of unused vacation days:

1. before the start of sick leave issued under the BiR;
2. after completion of maternity leave, that is, leave to care for a child up to 1.5 or up to 3 years (Article 256 of the Labor Code of the Russian Federation);
3. take partially available vacation days before going on maternity leave and the rest of the period after.

The beneficial advantages of taking leave before maternity leave are as follows:

• do not waste your vacation period;
• vacation pay is calculated based on wages for the last 12 months, which is much more profitable than taking paid leave after 3 years;
• time for child care is not reduced by the number of days off taken;
• part of the benefit is not lost, but this would have happened when taking a vacation after the birth of the child, since cash do not accrue.

How to apply?

To provide paid leave to a pregnant woman before maternity leave, you must write an application. The text of the document includes:

• FULL NAME. head of the enterprise;
• information about the applicant, job position;
• a request for annual paid leave;
• duration of vacation in calendar days;
• demand for payment material support and other required assistance;
• date and signature of the applicant.

The application certified by the manager is transferred to the accounting department, where a vacation order is prepared and funds are accrued.

What to do if they don't let you in?

Try to resolve the issue peacefully - remind the manager of the contents of Art. 260 Labor Code of the Russian Federation, namely about due vacation pregnant women.

If you were denied leave before the BIR period, write a leave application and register it with the secretary, or send it by mail with acknowledgment of receipt. In such a situation, they have no right to refuse you if they do not intend to violate the provisions of labor legislation.

If the employer does not let you go, and negotiations and other measures are not effective, then you can apply for protection of your rights to the State labor inspection. This body will oblige the boss to provide you with annual paid rest, and will also hold him accountable for violating labor laws.

Consult with a specialist about the exercise of rights to the next vacation before the onset of the B&R period, as well as get answers to other questions related to labor guarantees for pregnant women, you can visit our portal online or by phone.

Good afternoon In this article we will talk about such an important issue for all women and employers as maternity leave.

Today you will learn:

1. Can a pregnant woman count on vacation and when?
2. What is advance leave?
3. How is maternity leave calculated?

General information about maternity leave

Starting from the thirtieth week of pregnancy, a woman is on maternity leave (in colloquial speech they often say “on maternity leave”). Its start date is calculated by the doctor antenatal clinic, where the woman is observed, and by this time she is given a sick leave.

It looks exactly the same as a certificate of incapacity for work due to illness, but, of course, it is filled out differently. If the pregnancy is not multiple and not complicated, sick leave is issued for 140 days - seventy days before the expected birth and seventy days after.

After this period, the next one, called parental leave, automatically begins. It lasts until the child is one and a half years old.

Considering that, according to the legislation of our country, child benefits are paid only up to one and a half years, but the insurance period is accrued for the entire period that a woman is on maternity leave. So, if desired, a woman can extend her leave until the child’s third birthday. At the same time, the employer is obliged to retain her position and workplace.

My employee has been working for less than six months; when she was hired, she hid her condition. She is soon going on maternity leave and demands to be given leave. Am I obligated to do this?

Indeed, according to the law, an employee has the right to annual paid leave only after working for six months. But pregnant women are an exception to this rule - they can request leave earlier than six months, and you, as an employer, are obliged to provide it.

You also don't have official law refuse to hire a woman in position - she was not obliged to inform you. Your reaction is easy to understand, but take this fact for granted and do everything so that the woman can calmly go on maternity leave, even if you feel deceived in some way.

How to calculate leave before maternity leave

The law states that workers in most professions are entitled to 28 calendar days of vacation per year.

For example, a woman goes on maternity leave from September 26th. By this time, her 28 days had already accumulated. She already took 7 days of vacation in January. She is entitled to 21 days of vacation (28 – 7).

Suppose the length of time a woman works in a given workplace is: less than a year. Then the vacation is recalculated depending on the number of months worked. For each of them, 2.33 days of vacation are accrued. If the month is not fully worked, then if you work less than 15 days, vacation pay is not yet accrued, if more than fifteen days, vacation pay is accrued in full.

For example, a woman got a job on April 19 and goes on maternity leave on December 20. Let's calculate how many days before maternity leave she can take as annual leave:

2.33*8 = 19 days

In our example, vacation days were not accrued for April, since less than fifteen days were worked in the month, but for December these days were accrued, since the month is considered fully worked.

My employee is going to become a mother soon; before this, due to the needs of production, she did not go on vacation, and now many days have accumulated. She doesn’t want to go on vacation, but asks to be paid in money.

The legislator has provided for the possibility cash payment for unused vacation. This is how it works general rule, but in the case of expectant mothers, such monetary compensation is prohibited.

The Labor Code does not say anything about the reasons for such a restriction, but it can be assumed that, in otherwise many women would prefer money instead necessary rest before a difficult test. Compensation for unused vacation can only be paid if the employee decides to quit, for example, after the end of maternity leave.

But the employee has the right to take another leave after the child reaches 1.5 years old, and after that write an application for continuation maternity leave. Or you can take the next vacation when the child turns three years old, and a short period of time is still needed for him to get used to kindergarten.

Is it worth taking a vacation before maternity leave and how is vacation pay calculated?

It's definitely worth taking a vacation. The expectant mother will rest before important event In my life. On later The woman’s condition may worsen, and work will not be her first priority in any case.

Here are a few examples of the pros and cons of taking leave before maternity leave.

Vacation pay is calculated according to the general rule. It is taken as a basis average daily earnings for the previous 12 months.

Can a pregnant woman take additional leave if the main one is used up?

It is up to the employer to decide whether to provide additional leave. If the decision is positive, most often it is leave without pay, although there are exceptions.

• Articles 117, 119 and 321 of the Labor Code talk about categories of workers who have the right to paid additional leave. These are the workers Far North, hazardous industries, as well as without a standardized working day;
• Article 121 states that employees government agencies have the right to one-time additional leave. Usually it is attached to the main one, but at the request of the employee it can be divided.

Here are some general categories workers entitled to additional days vacation.

What is pre-maternity leave in advance and what risks does the employer face?

Hiring date is Starting point to determine the employee's pay period. Thus, it will be individual for everyone. For example, if employment occurred on October 20, 2016, then the employee’s pay period lasts from this date until October 20, 2017. This important point for calculating vacation pay.

In the event that all accrued vacation has already been used for the previous period and for the entire current one, and the pregnant employee asks for a few more days, we will be talking about vacation in advance. These days are taken, as it were, “on loan” from the future working period, which may come only in three years.

By law, the employer is not obliged to provide leave in advance, but can accommodate the employee halfway. In doing so, he puts himself at risk. If the employee quits immediately after returning from maternity leave, he is unlikely to be able to return the vacation pay paid to the employee. The fact is that there will simply be nowhere to get them from. According to the law, the employer does not have the right to cut benefits in this way, and the money could only be returned from an imaginary salary, which will never be accrued.

How to transfer leave due to maternity leave

No later than two weeks before the proposed vacation, the employee must submit a vacation application according to the sample to the personnel department.

In order for a woman to reschedule her planned vacation to a more convenient time due to her pregnancy, she must provide the personnel department with an official document from the antenatal clinic.

The standard certificate indicates the name of the medical institution or details of a private gynecologist, as well as the timing of pregnancy. Even if a woman’s future motherhood is obvious, without official document not enough.

The procedure for obtaining such leave will take place in several stages.

An employee is taking leave until maternity leave. Can I recall her by production needs for a few days?

You can not. The law prohibits recalling a pregnant woman from vacation. There is another way out of the situation. You can agree with her in advance to divide her vacation into two parts. She can use the first part before maternity leave, the second after it.

A pregnant employee wants to change her vacation periods. Can I refuse, citing her signature on the approved vacation schedule?

You can not. According to Article 260 of the Labor Code, pregnant employees have the right to choose periods of their vacation at any time convenient for them, and the employer cannot interfere with this if he does not want to break the law.

Some features of leave followed by maternity leave

The expectant mother should take into account that during internal documents company, there may be a difference between just leave before going on maternity leave and leave followed by maternity leave.

The second concept comes into play when a woman chooses vacation days in such a way that the date last day vacation flowed into maternity leave. This has its own logic, because in this case she will not have to return to work, and she will go on vacation “to make ends meet.”

However, as mentioned above, due to the peculiar “gluing” of two types of vacations, a woman may lose some of her privileges. For example, if the company's internal documents indicate that company housing is no longer provided when a woman goes on maternity leave, the start date of this rule will coincide with the first day of annual leave followed by maternity leave.

Conclusion: if there is not a single working day between vacation and maternity leave, annual leave is “stuck” to maternity leave, which may have some restrictions for the expectant mother.

Here's what I found on the Internet on this topic.

Article 64.

It is prohibited to refuse to conclude an employment contract to women for reasons related to pregnancy or the presence of children.

At the request of a person who is denied an employment contract, the employer is obliged to provide the reason for the refusal in writing. Refusal to conclude an employment contract can be appealed in court

Here's what the Criminal Code says about this: Article 145. Unreasonable refusal to hire or unjustified dismissal women based on her pregnancy, as well as unjustified refusal in hiring or unjustified dismissal from work of a woman who has children under three years of age, for these reasons - is punishable by a fine of two hundred to five hundred minimum sizes wages or in the amount of wages or other income of the convicted person for a period of two to five months or compulsory work for a period of one hundred twenty to one hundred eighty hours

Article 70.

• There is no employment test for pregnant women

Article 93.

• The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman or one of the parents (guardian, trustee) with a child under the age of fourteen (a disabled child under the age of eighteen).
• In this case, remuneration is made in proportion to the time worked or depending on the amount of work performed.
• Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation length of service and other labor rights.

Article 96.

• Pregnant women are not allowed to work at night (night time is the time from 10 p.m. to 6 a.m.).
• Women with children under three years of age, workers with disabled children, mothers and fathers raising children under five years of age without a spouse, as well as guardians of children of this age may be involved in night work only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with medical report.
• Wherein specified employees must be informed in writing of their right to refuse to work at night.

Article 99.

• Pregnant women are not allowed to work overtime.
• Involving women with children under three years of age in overtime work is permitted with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical report.
• At the same time, they must be informed in writing of their right to refuse overtime work.

Annual paid holidays

Article 122.

• Paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of his continuous work in this organization. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.
• Before the expiration of six months of continuous work, paid leave at the request of the employee must be provided to: women - before maternity leave or immediately after it; employees who have adopted a child (children) under three months of age

Article 123.

• At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work in this organization
• Before the expiration of six months of continuous work, paid leave at the request of the employee must be provided to: women - before maternity leave or immediately after it; employees who have adopted a child (children) under the age of three months. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work in this organization

Article 125.

• Pregnant women are not allowed to return from vacation

Article 126.

• Replacing vacation monetary compensation Pregnant women are not allowed.

Article 128.

• The employee according to his written statement in cases of the birth of a child or marriage registration, leave of up to five calendar days without pay may be granted.

Transfer to another job

Article 254.

• For pregnant women, in accordance with a medical report and at their request, production standards at the enterprise are reduced, or it is transferred to a higher level. light work, eliminating the impact harmful factors. At the same time, it retains average earnings in the position in which she previously worked.
• Until the issue of providing a pregnant woman with other work that excludes the impact of adverse production factors, she is subject to release from work with preservation of average earnings for all working days missed as a result at the expense of the employer
• When pregnant women undergo mandatory medical examinations in medical institutions, they retain the average salary at their place of work.
• Women with children under the age of one and a half years, if it is impossible to perform their previous job, are transferred at their request to another job while maintaining their average earnings. previous job until the child reaches the age of one and a half years

Article 255. Maternity leave

• Women, upon their application and in accordance with a medical report, are granted maternity leave of 70 (in the case of multiple pregnancies - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days days after childbirth with payment of state benefits social insurance in the amount established by law.
• Maternity leave is calculated cumulatively and is provided to a woman completely regardless of the number of days actually used by her before giving birth.

Article 256. Parental leave

• Upon application of a woman, she is granted maternity leave until the child reaches the age of three years. The procedure and timing of payment of state social insurance benefits during the period of the specified leave are determined by federal law.
• Parental leave can be used in full or in parts by the child's father, grandmother, grandfather, other relative or guardian actually caring for the child.
• At the request of the woman or the persons specified in part two of this article, while on parental leave they can work part-time or at home while maintaining the right to receive state social insurance benefits.
• During the period of parental leave, the employee retains his place of work (position).
• Parental leave is counted towards the total and continuous work experience, as well as into the work experience in the specialty (except for cases of granting a pension on preferential terms).

Article 257. Leave for employees who have adopted a child

• Employees who have adopted a child are granted leave for the period from the date of adoption until the expiration of 70 calendar days from the date of birth adopted child, and in case of simultaneous adoption of two or more children - 110 calendar days from the date of their birth.
• At the request of employees who have adopted a child (children), they are granted leave to care for the child until he (they) reach the age of three years.
• In case of adoption of a child (children) by both spouses, these leaves are granted to one of the spouses at their discretion.
• Women who have adopted a child, at their request, instead of the leave specified in part one of this article, are granted maternity leave for the period from the date of adoption of the child until the expiration of 70 calendar days, and in case of simultaneous adoption of two or more children - 110 calendar days from their birthday.
• Procedure for provision specified holidays, ensuring the preservation of the secrecy of adoption, is established by the Government of the Russian Federation.

Article 258. Breaks for feeding a child

• Working women with children under the age of one and a half years are provided, in addition to breaks for rest and food, with additional breaks for feeding the child (children) at least every three hours of continuous work, lasting at least 30 minutes each.
• If a working woman has two or more children under the age of one and a half years, the duration of the feeding break is set at least one hour.
• At the request of the woman, breaks for feeding the child (children) are added to the break for rest and nutrition, or in aggregate form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction.
• Breaks for feeding the child(ren) are included in work time and are subject to payment in the amount of average earnings.

Article 259.

• Pregnant women are prohibited from being sent to business trips, involve in overtime work, work at night, weekends and non-working hours holidays.
• Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under three years of age is allowed only with their written consent and provided that this is not prohibited by medical recommendations.
• At the same time, women with children under three years of age must be informed in writing of their right to refuse to be sent on a business trip, to be involved in overtime work, to work at night, on weekends and non-working holidays.

Article 260.

• Before or immediately after maternity leave, or at the end of parental leave, a woman, at her request, is granted annual paid leave, regardless of her length of service in the organization.

Article 261.

• Termination of an employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization.
• If a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, at her request, to extend the term of the employment contract until she becomes entitled to maternity leave.
• Termination of an employment contract with women who have children under three years of age, single mothers raising a child under fourteen years of age (a disabled child under eighteen years of age), other persons raising these children without a mother, at the initiative of the employer is not allowed (with the exception of dismissal under paragraph 1, subparagraph (a) of paragraph 3, paragraphs 5 – 8, 10 and 11 of Article 81 of this Labor Code).

It is impossible to fire a pregnant woman. She can commit theft at her place of work or ignore work altogether, even if the employee does not appear at the workplace at all; it is impossible to fire her during pregnancy. The maximum that an employer can do in such a situation is not to pay for days of absenteeism.

Be careful: there is one trick that employers often use - when hiring with new employee It is not an employment contract that is concluded, but a civil law one, for example a contract, a contract for the provision of services, or copyright agreement. Unlike an employment contract, they do not give rise to labor relations and are aimed only at achieving the final result. The presence of a civil law contract does not give the employee the right to claim guarantees and compensation provided for Labor Code. Employees working on the basis of a civil contract receive the same pension protection, like employees who have entered into an employment contract, but they are not subject to social insurance and security. Therefore, having concluded such an agreement, future mom falls into the category of persons not subject to social insurance, and therefore has no right to receive maternity benefits. Moreover, in accordance with Civil Code The Russian Federation has not established any features that protect mother and child

Article 264. Guarantees and benefits for persons raising children without a mother

• Guarantees and benefits provided to women in connection with maternity (limitation of night work and overtime work, involvement in work on weekends and non-working holidays, assignment on business trips, provision of additional holidays, establishment of preferential labor regimes and other guarantees and benefits, established by laws and other regulatory legal acts), apply to fathers raising children without a mother, as well as to guardians (trustees) of minors.

Article 298. Restrictions on work on a rotational basis

• Pregnant women and women with children under three years of age cannot be involved in work performed on a rotational basis.

During pregnancy, you often really don’t want to work. Not because of laziness, but because feeling unwell or lack of strength. Concerns about the unborn child take away great amount strength and means. Legislation will help resolve this issue. vested right on vacation before maternity leave.

Work or rest?

Should I take a vacation or should I be patient and work until the thirtieth week? It may happen that in the morning a girl happily goes to her favorite job, but after a couple of hours she is wildly tired and wants to go home. Such changes can occur not only in pregnant women, but also in any woman or even a man in the prime of life. It all depends on the job. Therefore, going on vacation before maternity leave becomes a very tempting prospect. I would like to finish my workdays early and get serious about preparing for childbirth, tidying up the house, buying everything necessary for the baby, not asking for time off to visit hospitals and, finally, not getting up early in the morning.

The decision to use vacation should be made after assessing your condition, the opportunities it provides and familiarizing yourself with legislative framework And financial capabilities this type of vacation.

Legislation

Leave days before sick leave for pregnancy and childbirth can be taken regardless of length of service, approved schedule vacations or other rules in force in the organization. Even if the work experience in the current company is less than 6 months, a pregnant woman must be sent on leave simply by written application. It can be calculated both before going on sick leave and after maternity leave. Vacation is paid the same as regular vacation, no free days.

If an employee’s working year has already passed, the vacation for it has been taken, but after a few months it is time to go on maternity leave, then she can write an application for leave for the working year in which she will go on maternity leave in advance. That is, 28 days of vacation are guaranteed for a pregnant woman. This works for those who have already started the new working year. If the leave for the current working year has already been used and the new one has not yet arrived, then the employer is not obliged to provide paid leave.

Financial issue

Having a child is a very expensive business. For those who don't know this, a big surprise is in store. Expenses also increase for maintaining the health of the mother, creating living conditions for the child, food, and the little person needs to buy absolutely everything, cosmetics, clothes, strollers and cribs, toys and baby food. A lot of new expense items can quickly eat up vacation pay received before maternity payments, therefore, you need to be prepared for some changes in the schedule for receiving financial injections, as well as prepare the family for the new budget management.

Some nuances of calculations

1. Pregnant women do not replace vacation with monetary compensation, even with the consent of the woman herself. This is unacceptable and is enshrined in law.
2. Payment sick leave for pregnancy and childbirth is calculated based on the actual time worked. That is, when calculating the average payment amounts, the amount does not include vacation and sick pay for the calculation period. Therefore, when going on leave before maternity leave, it is worth calculating how this will affect the payment of sick leave.
3. The amount of benefits paid during parental leave is also calculated based on the actual time worked. Consequently, every vacation or sick leave in billing period will affect the amount of the benefit, making it less.
4. Leave can be transferred to the end of parental leave. That is, in the standard version, the mother must go to work on the child’s birthday, on the day she turns three. When rescheduling the vacation, you will not have to go to work, and after the day of release, the woman goes on paid leave. But in this case, during pregnancy until the thirtieth week you will have to work, and accordingly, receive wages.

Employer Responsibilities

In addition to the main responsibilities of providing a pregnant woman with a workplace without harsh working conditions, vacation days before maternity leave (or after it), preservation average size wages, length of service and workplace for the entire period of incapacity, free visit medical institutions During working hours, the employer is obligated to inform the employee about the employee’s rights during this period.

At work in legal department or the human resources department should provide comprehensive advice on the rights of a pregnant woman at work and her relationship with the employer, with the specifics of providing vacations, sick leave, and methods of obtaining material payments and their types.

Of course, you can take such advice elsewhere to confirm the employer’s words, or in case incomplete information is provided.