A pregnant more rights and benefits than the employee, who is not going on maternity leave. Woman in position may absent himself to the hospital, to go on vacation is not on the schedule and work part-time shift. A leader has no right to penalize such employee.
We understand what other benefits there from pregnant workers.
The right to work
An employer can not refuse to accept the vacant post of a woman due to pregnancy. If the employee does not want to hire because of the interesting situation is discriminationArticle 64 of the LC RF. The offender be brought to criminal responsibilityArticle 145 of the Criminal CodeHe will pay a fine or be sent to public works.
pregnant It may be refused if its level of education or work experience does not fit the requirements of the employer. He must give a detailed response in writing why the woman refused. Usually explain that the candidate did not pass because of the low level of qualification.
Also pregnant can not take on a job where conditionsResolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 "On the application of legislation governing the work of women, persons with family responsibilities and minors" Labor is too heavy or do not meet safety requirements.
When a woman took, she gets to work without a trial periodArticle 70 of the Labor Code. If an employee hid the pregnancy from the future chief, it is not considered a violation. No violations on the part of the employer, who established a probationary period, not knowing that she is pregnant. But he will have to prove that the employee did not know about the condition.
Women who become pregnant during the probationary period, can not fireResolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 "On the application of legislation governing the work of women, persons with family responsibilities and minors"Even if she did not pass the test. To stay in the workplace, it must provide a certificate from the hospital.
light work
Pregnant women have the right to an easier labor. That is, a woman can ask for a reduction of the workloadArticle 254 of the Labor Code. manufacturing standardEncyclopedia rights or serviceDictionary of Economic Terms We must change: to allow for a certain time to serve fewer clients make fewer parts and more.
More pregnant are required to translateArticle 254 of the Labor Code to another job where there is no influence of adverse factors:
- noise volume of more than 60 dB;
- hazardous chemicals;
- repelling substances and offensive odor;
- vibration, ultrasound;
- drafts and so on.
In this case, the employee can not:
- pick up objects from the floor;
- take more than 2 kilometers;
- to work in an environment where wet clothes and footwear;
- work squatting, kneeling, stooping;
- constantly lifting weights more than 1.25 kg.
These and other provisions recorded in the sanitary rules2.2.0.555-96 SanPiN "Hygienic requirements for women working conditions"As well as hygiene recommendationsHygienic recommendations for the rational employment of pregnant women to the employment of pregnant women.
If you consider all the health standards, it turns out that even the woman at the computer in the position can not beSanitary-epidemiological rules and norms SanPiN 2.2.2 / 2.4.1340-03 "Hygienic requirements for personal computers and the organization of work" to work more than three hours a day.
Despite the relief of working conditions, pregnant women must pay an averageArticle 139 of the Labor Code earnings.
Special operation
Pregnant women waiting for not only stress relief, but also a more flexible mode of operation. They can not work in shifts and business trips. A woman is unacceptable to attract this kind of work, even if she wants it.
And yet the Labor Code prohibits to enter the shift:
- at nightArticle 96 of the Labor Code;
- overtimeArticle 99 of the Labor Code;
- on the weekendArticle 259 of the Labor Code;
- during the holidays.
An employee can apply in the positionArticle 93 of the Labor Code a short working week or shift. Or combine short week with a part time job. It is enough to ask the employer and provide a certificate from the hospital. Vacation and seniority is not affected, but will pay as much as pregnant fulfilled.
Absences in hospital
The Ministry of Health has establishedRussian Health Ministry Order dated November 1, 2012 â 572n "On the Approval of the Procedure of medical care on the profile of" Obstetrics and Gynecology ""That during the whole period of pregnancy, women should visit:
- obstetrician-gynecologist - no less than seven times;
- therapist - not less than two times;
- dentist - not less than two times;
- otolaryngologist and an ophthalmologist - at least once;
- other specialists - according to indications.
Go to the hospital can be during working days from the earliest stages of pregnancy. The Labor Code does not limit the number of visits to the doctor.
The employer must not force the employee to go on vacation or take time off without pay. Pregnant continue to pay an averageArticle 254 of the Labor Code salary.
Annual leave is not on schedule
To get a vacation, a new employee must work in the company for at least six months. Pregnant - exception. They can take a vacation at anyArticle 122 of the Labor Code moment. Dates woman defines itself and can not be verified with the schedule of holidays colleagues.
Head has no right to callArticle 125 of the Labor Code resting pregnant employees to work, even if it is agreed and confirmed this in writing.
Similarly, the law prohibitsArticle 126 of the Labor Code during this period to take monetary compensation for vacation.
The ban on dismissal
Employer at all desire can notArticle 261 of the Labor Code dismiss pregnant, even if she skips work without a valid reason. The maximum that can head - reprimanded or reprimand.
dismiss pregnant without consequences can be in two instances:
- If the SP or the company ceases to exist.
- If the employee works on the replacement, and the contract expires. However, the employer must offerArticle 261 of the Labor Code Other job. And you need to show all the options that exist in this area, even if the position is lower and the salary - less. Suggest a place in another city or region, the employer may, if it is stipulated in the agreement, employment contract or collective agreement.
If the employee expires fixed-term employment contract, it may ask to extend it until the end of pregnancy. If desired, the employer may be included in this period and the maternity leave. In response, a woman needs every three months to provide a certificate from the hospital, arguing that she is still in position. As soon as the chief learns about the birth, he can terminate the contract.
Pregnancy can leave work and on their own. And it does not work two weeks.
allowances
The law is not the usual concept of "maternity leave". There are maternityArticle 255 of the Labor Code I leave, he is registered as a hospital. Depending on the circumstances, can take:
- 140 days - the standard period of the birth of the baby;
- 156 days - if the birth was complicated;
- 194 days - with multiple births (twins, triplets, etc.).
At this time, the woman paid benefitsArticle 6 â 81-FZ (amended on 07.29.2018) "On State benefits for citizens with children" maternity. Or, more simply, "fiat". This year, the Social Insurance Fund increasedOfficial website of FSS sum payments.
- Maximum size - 282 493.40 rubles for 140 days. The amount is determined by the mother's salary for two years. A woman can claim the maximum amount, if for 2017, she earned 755,000 rubles, and in 2018 - 815 thousand.
- The minimum size - 51 919 rubles for 140 days.
If the twins were born or the birth was difficult, payments will be higher. Their increase took hold on, depending on how many days sick leave.
After the maternity leave comes maternity leaveArticle 256 of the Labor Code for a child. It can last as long as the child is three years old. For mom to maintain jobs and vacation time off in the experience.
As long as the baby is less than one and a half years, the woman receives an allowance every monthArticle 11.2 number 255-FZ "On Compulsory Social Insurance against temporary disability and maternity" on 29.12.2006 for child care. The size of payments - 40% of the mother's salary for two years.
A woman can work at home or to go part-time. So it will getArticle 11.2 number 255-FZ "On Compulsory Social Insurance against temporary disability and maternity" on 29.12.2006 and benefits and salary.
When the child gets older, the mother receives payment onlyPresidential Decree of 30.05.1994 number 1110 (amended on 01.07.2014) "On the compensation amount of certain categories of citizens" - 50 rubles per month. This amount will be paid to her as a son or daughter is three years old.
Konstantin Bobrov
Director of the Legal Service "United's defenders."
If a pregnant employee rights are infringed, it has the right to appeal to the prosecutor's office, State Labor Inspectorate and the court. In the listed bodies can lodge a complaint either simultaneously or separately.
In this case, you must provide documents confirming violations (including written explanations of witnesses). In the case of negative decision it may appeal, appeal to a higher authority.
see alsođ§
- Maternity leave: how to calculate, to issue and receive payments
- 10 life hacking, which greatly facilitate pregnancy
- How to go to work after the decree
- Why women leave the labor market: this Natalie Portman at the event Power of Women