Does a pregnant woman take a vacation in advance. Replacement of annual leave with monetary compensation for pregnant women. Sample application for leave before and after the decree

13.06.2019

It just so happened that Russians go on vacation in the summer. And pregnant women are no exception. They also want to escape from the stuffy city somewhere to the sea. But they are overwhelmed with doubts: will the rest harm the health of the baby? We asked the obstetrician-gynecologist of the Eridan-95 clinic, Natalya Valentinovna KOREEVA, to tell us about how to spend vacations during pregnancy.

What climate do you prefer?

If the pregnancy is proceeding normally, you can rest in any climatic zone, although in the last trimester a sharp change in climate is still undesirable. Women with complications during pregnancy are recommended to rest within the boundaries of the usual climatic zone, and even better - in specialized sanatoriums and resorts (for example, a visit to Yalta has a beneficial effect on pregnant women with bronchial asthma). The fact is that pregnancy itself can provoke diseases that a woman has not suffered before - pyelonephritis, hypertension and others, and climate change can only aggravate these diseases. In any case, before going on vacation, it is still advisable to make sure that nothing threatens you by visiting an obstetrician-gynecologist.

Types of transport

Unfortunately, in any mode of transport there are factors that can negatively affect the body of a pregnant woman and the fetus. For example, car and bus trips are associated with a long stay in a forced position, rail travel is associated with vibration and motion sickness. In an airplane, a “whole bunch” of harmful factors immediately affects a pregnant woman: noise, changes in atmospheric pressure, prolonged oxygen deficiency (hypoxia) and vibration. And they add psycho-emotional stress, overload during landing and take-off and in air pockets ... The plane is the most dangerous mode of transport for pregnant women. Pressure drops can cause bleeding, abruption of the placenta, increase the risk of miscarriage and premature birth. Vibration can also lead to premature birth.

Western airlines generally limit the duration of flights for pregnant women to 26-28 weeks. In the US, they will not be allowed on board without a medical certificate, and after 28 weeks with a certificate, preferring not to risk it. Although, in principle, many flight attendants know the basic techniques of obstetrics.

Air travel nausea remedies

Peppermint tablets help very well, validol with or without glucose, "KIM" - a liquid balm that rubs whiskey. But from "Bonin", which contains meklozin, it is better to refuse. It can cause irritability in children if the mother took this drug during pregnancy. As for the violation of the laying of organs and tissues in the fetus under the influence of "Bonin", this issue has not yet been studied enough. By the way, do not forget to take with you no-shpu and papaverine suppositories, which are good for stomach pains.

Exotic fruits

Some doctors believe that a woman, starting from the 30th week of pregnancy, should exclude yellow and red fruits from her diet if she does not want her child to be born allergic. However, this does not mean at all that the expectant mother will have to give up exotic fruits on vacation. Caution in choosing fruits should be shown only to women prone to allergic reactions. If fruits were normally digested before pregnancy, you can eat them at any time. Fruits and vegetables that grow in the climatic zone familiar to a woman are better absorbed. But their exotic counterparts can also bring undeniable benefits and even treat certain diseases.

For example, pregnant women who are obese are advised to eat eggplant, bananas and pineapples, which burn calories well. If you have diabetes, you need to eat blackberries or drink a decoction of unripe banana peels. Recently, many women suffer from anemia during pregnancy. They are very useful pomegranate and melon. And for the prevention of hypertension, varicose veins, late toxicosis (preeclampsia) and DIC during childbirth, it is recommended to eat 300 grams of mature or 150 grams of dried figs per day for 2-3 weeks. In the last weeks of pregnancy, it is necessary to introduce bananas into the diet, which not only serve as a source of multivitamins, but soothe, reduce pressure and stimulate lactation. So, eating exotic fruits, a pregnant woman not only enjoys, but also benefits.

Swimming pool

Some pregnant women should not swim in the pool - for example, with hypertension. The path to the pool is also booked for spotting, polyps and erosions. Pregnant women with neurodermatitis - skin diseases that sometimes appear during pregnancy - will also have to abandon the pool.

Swimming is very useful for varicose veins, as it maintains muscle tone. Diabetes mellitus and obesity are not a contraindication to visiting the pool. If you have kidney problems, you should consult your doctor and try not to catch a cold. And if a woman has slightly high blood pressure, she can swim with the permission of a physiotherapy doctor.

It is possible and even desirable for a healthy woman to swim in the pool, while observing the rules of personal hygiene. After all, this sport serves as a kind of preparation for childbirth, trains endurance and muscles. Pregnancy is a healthy state of a woman. And there is no point in feeling sick and lying flat on the bed.

Tan

As before pregnancy, it is advisable to sunbathe before 11 and after 4 in the afternoon - during the period of inactive sun. True, expectant mothers need to take some extra precautions. Pigmentation, which may appear after sunbathing in early pregnancy, does not go away for a long time (this is due to changes in hormonal levels).

Trips to tropical countries

It is impossible to unequivocally answer the question of whether it is possible for pregnant women to travel to exotic countries. As you know, it is not safe to vaccinate pregnant women. The doctor decides on vaccination in each case individually. Vaccination against rubella, mumps and measles is done a few months before the expected pregnancy. In the first trimester, vaccination against influenza and all tropical infections is prohibited so as not to harm the health of the developing fetus.

Precautionary measures

Avoid large crowds, especially in an unventilated area where viral infections are likely to spread.

Be careful when vacationing in areas of questionable water quality. Drink only mineral water and do not eat fruits and vegetables that you are not sure are clean.

Have a nice holiday!

Must assess your condition and make recommendations for maternity leave. If the results of the tests are apprehensive, ultrasound reveals tone, abruption or placenta previa - anything that could mean a threatened miscarriage - the doctor will recommend refraining from traveling.

Question 2. How long to travel?

Flights to can provoke serious complications up to termination of pregnancy.
- ideal time for a vacation during pregnancy. The child has already fixed and settled in your tummy, and you have probably moved away from the delights of toxicosis.
Traveling is harder. Many airlines set flight restrictions. Most often, flights are prohibited for expectant mothers after 36 weeks, and even earlier in case of multiple pregnancy.

It should be borne in mind that a child who decides to be born, for example, in sunny Greece, will be automatically recognized as a citizen of this country. To take it to Russia, you will have to overcome a lot of legal delays.

Question 3. Where to go?

Agree, you want to leave, leave and leave again, away from the hateful working days! And if the doctor has imposed a taboo on long-distance travel? Ask for a ticket to a specialized sanatorium for expectant mothers. Relax under medical supervision. If travel is allowed, it is best to head for the sea or lakes. Quiet family hotel on the Mediterranean coast - a great option. Let this particular vacation be the most "easy" in your life. Choose countries with a flight range of no more than 4 hours, with a mild, not too hot climate.

Question 4. What to ride?

Any type of transport will do, provided that it is possible to get up and stretch a little. Aircraft - if there are no contraindications. Car - subject to stops every two hours for 10-15 minutes. For some reason, doctors' trains are not favorites, allegedly because of the strong shaking. Although it is worth noting that in long-distance trains it shakes rather gently than shakes. But joyfully jumping to the top shelf is not worth it.

Rest during pregnancy at the expense of the state. You can find indications for sanatorium treatment in the appendix to the Order of the Ministry of Health and Social Development of Russia dated January 27, 2006 No. 44 “On aftercare (rehabilitation) of patients in a sanatorium”.

Question 5. What should I bring with me?

In addition to the basic documents, ask the doctor for your exchange card with the results of tests and examinations. Suddenly you need to seek medical help during pregnancy leave? Take a first aid kit with you on any trip. For exact contents, consult your doctor. It must contain first aid for pulling pains in the abdomen, a complex for colds, drugs for headaches, poisoning, candidiasis, cystitis, a thermometer.

In what cases does the legislation provide for the opportunity to take days for rest (vacation) immediately before the maternity period? This question often arises - during this period, pregnant women may need to rest before such a crucial event.

The right to rest under the Labor Code

In some cases, ignorance of the current labor legislation in Russia leads to conflict situations. To avoid such disagreements, it is necessary, first of all, to be guided by the norms of the Labor Code of the Russian Federation.

Details about the right to rest, including the next vacation, are written in the 3rd part of the Labor Code in the section "rest time". During this period, the employee is completely released from the performance of direct duties. Engagement to them can only occur in connection with a non-standard production situation with the consent of the employee. At the same time, the time that he spends on the needs of the organization is not counted towards vacation days.

What do pregnant women need to know who want to get days off with pay before the decree?

The main thing is the clauses of the Labor Code that guarantee the exercise of this right:

Art. 114 - leave must be given to the employee annually. In some cases - 2 times a year (for hazardous industries, etc.)
Art. 116 - the organization has the right to independently indicate a convenient period of additional rest, if this does not contradict the law.
Art. 115 - vacation duration.
Art. 122 - determines the possibility of taking additional time for rest.
Art. 125 - division of the prescribed vacation into several parts.

These are the main points of the Labor Code of the Russian Federation, which directly apply to pregnant women. You also need to familiarize yourself with chapter No. 41 of the Labor Code, which describes guarantees for workers in this category.

Duration

According to article No. 115 of the Labor Code of the Russian Federation, the annual rest period should not be less than 28 days. This period can be divided into two periods. Moreover, the number of days in one of them should not be less than 14 (Art. No. 125). This nuance is negotiated between the employee and the employer.

Can an employee be called back from vacation? Based on the content of the same article No. 125 of the Labor Code of the Russian Federation, it is impossible. It clearly defines the categories of workers who are not allowed to be involved in the performance of official duties.

These include:

Minors (under 18 years of age).
Pregnant.

In fact, in most cases, the employer goes to meet the employee if she has expressed a desire to take a vacation before the decree. Failure to provide rest can be challenged in court or by contacting the representative office of the Ministry of Labor and Social Policy or the trade union.

Periodicity

Is it necessary to work for a position for more than 6 months for a vacation? Article 122 explicitly states that an employee is entitled to paid rest only after this minimum period of employment with the organization has expired.

But there are exceptions to this rule:

Women before legal maternity leave.
Underage employees.
If the employee has adopted a child under the age of 3 years.

The transfer of vacation in this case is not relevant, since in most cases, upon its completion, the woman receives the prescribed maternity leave.

Preferential categories

The legislation provides for the possibility of obtaining additional rest time. First of all, it concerns the category of workers involved in production with harmful and life-threatening working conditions (after assessment - 2nd, 3rd or 4th category). Minimum additional vacation time - 7 days.

With an irregular schedule - at least 3 days.
If it is provided for in the employment contract.

There is no additional paid rest for pregnant women.

But you can use the prescribed one, regardless of the current vacation schedule for the organization.

How to take a vacation before the decree?

For working pregnant women, it is recommended to plan your vacation in advance. You need to be prepared for the fact that before the legal decree (before childbirth), the general state of health may worsen. It is best to coordinate this nuance with the management in advance. In this case, possible disagreements can be avoided. This is especially true for those workers whose temporary replacement is problematic.

There are several situations when you can take a paid vacation before the maternity period. The easiest of them is to use non-vacation. It may be additional if the employee has not used the right to rest for 2 years. You can also dispute the dates if information about them was received less than 2 weeks before the start of the vacation (Article No. 123)

Annual off-schedule

The most common misconception (or deliberate distortion of the law) by the employer is the misinterpretation of the Labor Code.

In particular, they refer to its following paragraphs:

No. 123 - an employee has the right to go on vacation only according to a pre-agreed schedule (drawn up according to the rules of Art. No. 372).
No. 124 - postponement of the period of guaranteed rest. This section does not list maternity benefits.

But in this case, it is necessary to apply the points of another chapter of the Labor Code - No. 41. Article No. 260 clearly states that the management of the organization is obliged to provide paid leave, regardless of the current schedule, at the first request of the employee.

Additional

Alas, in the labor code there is no way to take additional paid rest time for pregnant women. This right can only be exercised by those categories of employees that have been described above. However, this is not the only way to gain strength.

You can take a vacation without financial support.

This should be agreed with the management, since article No. 128 does not indicate pregnancy as a reason for granting leave without providing monetary compensation. There are a number of factors that justify additional paid annual leave. They can be used for pregnant women.

In addition to them, such a right can be used:

An employee whose day has no rationing.
Involved in hazardous production.
Residents of the Far North, teachers, etc.

The duration of additional rest time is determined in accordance with the articles of the Labor Code. Special attention should be paid to this even when drawing up an employment contract.

in advance

Is it possible to take a vacation in advance? This can be done only with the consent of the employer, since the legislation does not provide for such privileges for pregnant women. In fact, it is almost impossible to achieve extraordinary paid leave for the next year.

This is due to the following nuances:

Payout. They should be accrued for the current year 2019.
In the event of a subsequent dismissal, the organization can recover only 20% of the last salary (Art. No. 137 and 138 of the Labor Code)

Another factor is the prescribed break in labor activity for pregnancy and childbirth, as well as the mandatory care of a young child (Articles No. 255 and 256 of the Labor Code). In total, the employee will be absent from the workplace for about 3 years. At the same time, the employer must guarantee her the right to take the position after the end of this period.

Decor

You need to know that the application for the desire to receive paid leave before the decree is written in free form. After registration in the documentation journal, the personnel department or accounting department are required to draw up an order in the T-6a form. Familiarization with him is mandatory.

The text of the document must contain the following information:

Name of the employee.
Subdivision (structure) of the organization.
Job title.
Vacation time - "from" and "to" inclusive.

This information is duplicated in the employee's personal card. If the leave is not granted, this must be indicated in the application. It is advisable to reinforce the desire with a reference to the relevant paragraph of the Labor Code - No. 260.

Nuances

First of all, you need to familiarize yourself with all the above legislative acts. Only they are the basis for the provision (refusal) of paid rest before maternity leave.

What should be paid attention to in this case?

Was the vacation for the current year used in full? If so, it will be problematic to achieve the possibility of providing additional days for rest in advance.
Justification for additional leave - these conditions are described in detail in articles No. 118 and 119 of the Labor Code of the Russian Federation. Particular attention should be paid to additions that may specify the activities or conditions for this procedure.
In case of incomplete use of the prescribed vacation, the duration of the required vacation is determined by the difference - the used days are deducted from the days prescribed. It must also be remembered that at least one part of the days of rest should not be less than 14.
Particular attention is recommended to be paid to the correct calculation of calendar days of rest. If public holidays and weekends fall within this period, they are not included in the number of days (Article No. 120).

By clarifying these points, you can plan in advance the duration of the vacation before the decree, as well as avoid disagreements with the management of the organization.

How many days can you take?

The duration of the required paid rest is also determined by the current Labor Code of the Russian Federation. The minimum annual number of vacation days must not be less than 28.

It is possible to divide them into several parts, but, as mentioned above, the duration of one of them is more than 14 days.

The period of additional leave should also be based on the Labor Code of the Russian Federation. It all depends on the working conditions, schedule of exits and geographical location. So, for residents of the Far North, the additional vacation time can be up to 40 days.

The so-called extended paid rest time is granted to the following employees:

Teachers and teachers, minor employees - 31 days a year.
Disabled persons – term, not less 30 days.
Employees of municipal organizations - not less than 30 days.
For employees of research institutes with a scientific degree - from 36 days.

It is also possible to provide additional rest with payment by mutual agreement of the parties. In this case, appropriate changes should be made to the employment contract.

How is it paid?

As a rule, the calculation of vacation funds does not raise questions among employees. But for a general acquaintance, you need to know the order of their accrual. The last 12 months are taken as the calculation period. If the period of tenure is less, the actual days of work are taken into account.

The following charges must be included in the amount:

Salary, bonuses, etc.
Surcharges are calculated only on the basis of accounting rules.

The amount received does not include the days when the employee was on a trip, was on vacation.

Also, sick leave or other time when he did not perform his functions at the workplace is not taken into account.

The following formula is used to calculate vacation pay:

(ZP / (12 months * 29.4)) * number of vacation days

If the employee has worked less than a full year, the amount of unworked days should be taken into account.

Can I claim compensation?

According to article No. 126 of the Labor Code of the Russian Federation, part of the days of paid leave can be replaced by monetary compensation. This is done at the mutual will of the employee and the employer. In fact, some employers neglect this article, as a result of which the unused days accumulated over several years of work can amount to a large amount when recalculated.

However, guided by the content of the same article, it is not allowed to replace pregnant women with financial compensation for an annual guaranteed rest time with payment.

Those. this only applies to unused days accumulated from previous years of work, if any.

What else needs to be considered if you want to take a vacation before the decree? First of all, that this time of rest can be used at the end of the decree and the due period for caring for a child. The choice is entirely up to the pregnant woman.

leave before maternity leave?

can not

conclusions

leave before maternity leave

And if even with the exclusion of maternity leave for previous periods there were no paid salaries or other monetary accruals, vacation pay is accrued based on the tariff scale or salary according to the position. Compensation for unused leave upon dismissal after a decree It happens that while on maternity leave a woman decides to devote herself to a child, and at the end of the decree she leaves. If an employee did not take annual leave before going on vacation in B&R, then she is entitled to monetary compensation upon dismissal.

"WE EXTEND" THE DECREE. When is it more profitable for an employee to take annual leave: before the decree or after

To calculate the number of days of rest, it is necessary to take into account all the days worked, calculate the product of the resulting number of days and the average woman's earnings per day (in the amount for the past year). 3 days before the official date of leaving work, the employee receives the calculated amount of compensation for unused rest days.

Rules for issuing leave before the decree

Attention This means that if a woman, before going on maternity leave in the current calendar year, did not use the right to annual leave, then the employer, on the basis of her application, is obliged to provide her in advance with all 28 calendar days of leave before the decree or the number of days left it for the current calendar year.
InfoIt does not matter that the leave before the decree is provided outside the vacation schedule or the woman has worked for less than six months with the employer.

Also, under no circumstances can an employer at any time withdraw a pregnant employee from leave before the decree, including even in the event of her subsequent dismissal and failure to work in full for the year for which the annual leave before the leave before the decree was granted in advance (Art.

Get compensation and benefits

It may turn out to be longer if the employer wishes to provide employees with such an opportunity, which should be enshrined in the collective agreement of the enterprise.
By agreement with the employer, it can be divided into two vacations of 2 weeks (14 days).
So it becomes possible to take a break from everyday work twice a year, but fewer days. If last year a woman did not go on paid vacation before or after pregnancy-related leave, she has the right to take both unused vacations at once, that is, 56 days. At the same time, the employee has the right to decide for herself whether to use her right to leave in full or rest for only 2 weeks.
In the case when leave is granted in advance, it is usually about 14 days of rest, although it is not forbidden by law to use all 28 days.

How to take a vacation before the decree?

Vacation accounting and vacation pay calculation

Every woman before the decree, if desired, can relax by going on annual leave.

Focusing on family circumstances, well-being, mood, she can take the next vacation not before, but after the vacation in connection with pregnancy and the upcoming birth or after the baby is 1.5 years old.

And if for an employee preparing to become a mother, this vacation is her right, then for the employer to let her go to rest is a direct obligation.

Important Pregnant women under the protection of the labor code Labor law contains many guarantees to protect a woman in the most vulnerable and responsible period of preparation for future childbirth and upcoming motherhood.

How to take a vacation before the decree? who is entitled to vacation and how to calculate it?

Sole proprietors should not be in a hurry to pay 1% contributions for 2017 First, because this year the deadline for paying such contributions has been moved from April 1 to July 1. Accordingly, 1% contributions for 2017 must be transferred to the budget no later than July 2, 2018 (July 1 - Sunday).< Переход из одной ИФНС в другую не потребует обязательной сверки Налоговая служба обновила регламент организации работы с плательщиками налогов, сборов, страховых взносов на ОПС, а также налоговыми агентами. Поправки касаются мероприятий, которые в обязательном порядке проводятся при переходе налогоплательщика из одной ИФНС в другую. <

Can I take a vacation before maternity leave?

According to the law, a pregnant woman can apply for a vacation on the second day after official employment, if there is an appropriate confirmation from a medical institution.

At the same time, the employer must provide, at the request of the employee, full leave, regardless of how much time she has worked. The use of leave in parts is permissible only with the consent of the employee. Recalling a pregnant woman from vacation is prohibited by article 125 of the Labor Code of the Russian Federation.

How many days can be taken before maternity leave The number of days in each individual case may be different:

If a woman has already used annual leave in the current year, and her new working year has not yet begun, the leave is not allowed.
That is, in this case, vacation days are equal to zero.
If a pregnant woman, for some reason, does not want to take a full vacation, she can write an application for part or half of the vacation.

Leave before maternity leave according to the labor code

According to the norms of the Labor Code of the Russian Federation, any woman before going on maternity leave has the right to receive annual paid leave.

At the same time, an employee in a state of pregnancy has the right to provide such rest, regardless of the length of service and the length of time worked for this employer.

However, this provision of the law is not always implemented in practice, and the reason, as a rule, is the legal ignorance of the employee Contents of the article ○ Part 1. Who is entitled to leave before the decree. ○ Part 2. What is advance leave? ○ Part 3.

How many days leave before the decree? How to calculate? ○ Part 4.

Should I take vacation before maternity leave? Pros and cons. ○ Part 5.

Step-by-step instructions: How to take a vacation before the decree? ○ Part 6.

Vacation before the decree - how many days can I get?

Can a woman demand an unscheduled annual vacation if she has transferred the right to take care of her baby to her husband, but wants to stay with her family longer and not take up official duties immediately after the BiR vacation? Yes, an employee has such a right, even if the deadline for going on paid leave has not yet come.

Question number 2. Can the husband of an employee on parental leave ask his superiors to grant him paid leave at a time that suits him, regardless of the vacation schedule? Yes, the husband of a woman on maternity leave has the right to go on vacation at the same time as his wife.

Pregnant women are entitled to maternity leave before and after childbirth. The length of prenatal maternity leave can be either 70 days for a singleton pregnancy or 84 days for a multiple pregnancy. This leave is usually called a decree. Learn more about how many weeks you go on maternity leave.

However, the question arises, is it possible to get another leave before maternity leave?

And the law says that it is possible. So article 260 of the Labor Code says that before maternity leave, a woman has the right to receive an extraordinary paid leave.

Leave before maternity leave under the Labor Code in 2018

Moreover, this leave can be received in advance, that is, without sufficient work experience in this company.

Any pregnant woman has the right to take paid leave before the decree and the employer does not have the right to refuse her this.

Of course, in order to receive such a vacation (as well as to receive any other), it is required to write an application for the provision of annual paid leave.

Employers generally know the law very well and no one usually tries to challenge the legal right of a pregnant woman to an extraordinary vacation. In the event that the employer turned out to be incompetent or simply stubborn, then you should contact the labor inspectorate.

On the basis of Article 260 of the Labor Code, I ask you to provide the annual basic paid leave from _____________ 20__ for ___ calendar days.

As a general rule, the employee has the right to annual leave after 6 months of work for this employer.

Pregnant women who apply for annual leave are not subject to this rule; they can go on leave before the specified period.

Thus, even a woman who has worked for the employer for only 4 months can receive annual paid leave. And immediately after the annual leave, she can go on maternity leave.

Do you have to provide vacation in advance for the next year?

If in the current year a woman has already been on vacation, then she can apply for vacation in advance for the next year can not, and if it hasn't been yet, it can. This is quite logical, otherwise, a woman could be on vacation not for the prescribed 28 calendar days, but for all 56 (28 days of vacation + 28 extraordinary days).

Can a vacation be divided into parts?

Quite often, the vacation is divided into parts. What to do in this case, if you want to go on maternity leave early? You can take the rest of the required annual leave before maternity leave. For example, a woman took 14 days of vacation in a year, which means she can leave before the decree for the rest of the vacation (14 days), but no more.

Consequences after taking a vacation in advance

Vacation in advance, even received before the decree, must be worked out, and it must be worked out as soon as the woman returns to work. If a woman does not want to work, then the vacation pay paid in advance will have to be returned, but not in cash, but by deduction from wages.

Deductions cannot exceed 20% of salary.

A pregnant woman cannot be fired from a company unless the organization is liquidated. If a woman is fired due to the liquidation of the enterprise, then the advance payment will not have to be returned. You will not have to return it even in the event of a reduction, but after going to work.

If a woman quits immediately after leaving parental leave, then it will not be possible to return vacation pay paid in advance. An exception may be only litigation, but usually employers do not win in them.

Is it worth taking a vacation before the decree?

Our advice is to take as many vacation days as you really have. But no more! If you have worked for half a year or have already been on vacation (14 days), take 14 days of vacation. Do not create situations where you owe your employer a vacation, it will be more difficult to work it out later and wait for a new one.

If it is possible not to take a vacation (work allows, good health), then do not take it in handy. According to the same article 260 of the Labor Code of the Russian Federation, a woman can take leave out of turn not only before the decree, but also after it or after parental leave. Situations in which you need to take a vacation after giving birth occur quite often (more often than we would like), so the extra days of unfinished vacation will never be superfluous.

conclusions

Any pregnant woman can take leave before maternity leave, if she has not yet taken annual paid leave during the current year, or she has vacation days left for the current calendar year. Vacation can also be taken in advance, even if the required number of days has not been worked.

Jun 19, 2006 at 07:39 PM

In the Labor Code, it is somehow incomprehensibly written: "Before the maternity leave or immediately after it, or at the end of the parental leave, a woman, at her request, is granted annual paid leave, regardless of the length of service in this organization."
That is, it means that the vacation should be right before the maternity leave? Or am I misunderstanding this?
More specifically, the question is as follows: I need to go on vacation in 2 weeks - in any case, I need to, even if I have to quit my job ... Decree - only in October. Although it was agreed in advance (in the vacation schedule, that is), that I would go out in July, now the situation has changed, and they don’t want to let me go ... Can I appeal to this article of the TC, or will I be rightly sent nah ...? I just don’t want to advertise pregnancy in advance without good reason ...

Jun 19 2006, 09:21 PM

They didn’t give me a vacation, they said that after the decree, and after that they didn’t give me again, they said after 3 years. So I’ll wait.

Jun 20 2006, 06:02 AM

You can ask for changes to your family leave schedule.

Tanya, they MUST give you a vacation. You can write an application and leave it at the office, after registering.

Jun 20, 2006 at 12:25 PM

So I don’t understand ... Do they give vacation right before the decree? Or at any time I need before maternity leave?

Jun 20, 2006 12:29 PM

Probably, it will not work not to advertise the pregnancy - it will simply be easier to achieve your goal.
This article refers specifically to the state. leave before or after maternity or parental leave. This means a full-fledged vacation of 28 days, even if you just recently walked all the right things. Those. This vacation will be accrued and calculated in advance for you. By the way, during maternity leave (140 sick days), vacation days are counted.
The company simply does not have the right not to provide such leave, as in the situation with Tanya # 5 - this is a gross violation of the law and you can go to the state labor inspectorate with it. The company will face penalties.
Basically, be confident. Show your knowledge of legal matters. You can simply write an application and go on vacation, having previously registered it with the secretariat, as described above, or better, sending it in advance by a letter with a notification - you will receive documentary confirmation of the receipt of your application by the enterprise.
vdvkid, In your case, this article does not apply. But, if you provide a certificate of pregnancy, the organization does not have the right to postpone the vacation. By the way, you can write an application for leave without pay - they have no right to refuse.
You can threaten that if they do not comply with the laws, you will bring a certificate of transfer to light work and exemption from work on a PC (you can give nothing at all, and you are required to pay salary according to the average monthly salary).
If something is not clear, please contact us.

Jun 20, 2006 12:39 PM

NataliaZ it’s already late. At that time I didn’t have the Internet and no one advised me. I myself thought with my head. Then we’ll see.

Leave before maternity leave: Labor Code

Jun 20 2006, 03:52 PM

Girls, do not forget that there are legal consultations at the LCD (albeit not at each, but for the district). Any controversial issue can be resolved with representatives of the state labor inspectorate. For all benefits payments, find out in the social authorities. security - social security, etc., because Each region has its own surcharges.

Jun 23, 2006 at 11:50 AM

Thanks for the answers Although they weren't useful: I coped with the methods of licking and persuading, without advertising "newly discovered circumstances". Perhaps, the confidence that I would still achieve what I needed helped - one way or another. And without information about my rights, this confidence would be much less

But another question arose: is this most extraordinary vacation given at the main place of work? And where I am a part-time worker, how is it organized there?

May 20, 2007, 05:20 PM

Hello, I have a question: I am on parental leave (for a child of 2.6 years.) In September he will be 3 years old. And in October I am going on maternity leave again with my second child. Can I use the right of extraordinary leave before the decree if I took leave in advance. the right to take only in 2008?

May 24, 2007, 10:22 am

exactly…
everything looks beautiful in the "law".

And I've read only 12 days of vacation. I opened a thread about my problem here. Our organization was renamed in January and forced to write applications for dismissal and then for employment.
In a decree to me July 2.
So, the personnel officer said that I was entitled to leave only for the time worked and counted 12 days. Although I was sure that the entire vacation would be given on the basis of Art. 270 (if I'm not mistaken in the number)
Today, the LCD told me that most likely this is wrong and advised me to contact a lawyer. I'm actually going to see him tomorrow. And judging by the fact that you wrote my suspicions about the fact that I was "cheated" not without good reason. Now I want to clarify all the details and know exactly what I should do and how to act. Of course, I don’t want to go into secret with a scandal, but I don’t want to “give” anything to this office either. I have already agreed with the doctor that they will give me a certificate stating that I cannot work from June 4th. But this is worse than a vacation, the money will come out less, do I understand correctly?

Like this. I don’t want to scandal, but I still want justice.

Quick response:

Parents Forum

However, the question arises, is it possible to get another leave before maternity leave?

And the law says that it is possible. So article 260 of the Labor Code says that before maternity leave, a woman has the right to receive an extraordinary paid leave. Moreover, this leave can be received in advance, that is, without sufficient work experience in this company.

Any pregnant woman has the right to take paid leave before the decree and the employer does not have the right to refuse her this.

Of course, in order to receive such a vacation (as well as to receive any other), it is required to write an application for the provision of annual paid leave.

On the basis of Article 260 of the Labor Code, I ask you to provide the annual basic paid leave from _____________ 20__ for ___ calendar days.

As a general rule, the employee has the right to annual leave after 6 months of work for this employer.

Vacation before maternity leave

Pregnant women who apply for annual leave are not subject to this rule; they can go on leave before the specified period.

Thus, even a woman who has worked for the employer for only 4 months can receive annual paid leave. And immediately after the annual leave, she can go on maternity leave.

Do you have to provide vacation in advance for the next year?

Can a vacation be divided into parts?

Consequences after taking a vacation in advance

Deductions cannot exceed 20% of salary.

Is it worth taking a vacation before the decree?

conclusions

However, the question arises, is it possible to get another leave before maternity leave?

Any pregnant woman has the right to take paid leave before the decree and the employer does not have the right to refuse her this.

Of course, in order to receive such a vacation (as well as to receive any other), it is required to write an application for the provision of annual paid leave.

On the basis of Article 260 of the Labor Code, I ask you to provide the annual basic paid leave from _____________ 20__ for ___ calendar days.

Thus, even a woman who has worked for the employer for only 4 months can receive annual paid leave. And immediately after the annual leave, she can go on maternity leave.

Do you have to provide vacation in advance for the next year?

Can a vacation be divided into parts?

Quite often, the vacation is divided into parts. What to do in this case, if you want to go on maternity leave early? You can take the rest of the required annual leave before maternity leave.

Vacation for pregnant women before the decree in advance

For example, a woman took 14 days of vacation in a year, which means she can leave before the decree for the rest of the vacation (14 days), but no more.

Consequences after taking a vacation in advance

Deductions cannot exceed 20% of salary.

Is it worth taking a vacation before the decree?

conclusions

It should immediately be emphasized that we will focus on the types of recreation that are acceptable during pregnancy, we will not talk about extreme recreation.

First of all, you need to get to the place of rest. The path should be comfortable and safe for the pregnant woman. Of all the modes of transport that civilization has given us, with regard to pregnancy, air is the most controversial. That is, traveling by plane can be unsafe, lead to the threat of termination of pregnancy. Cycling and horse riding can also lead to the same consequences, but they can rather be classified as non-recommended sports: it is unlikely that many pregnant women are going to travel by bike or on a horse. Other modes of transport: a car, a bus, a train, a ship - can be considered suitable for a future mother to travel, of course, if the conditions are appropriate, and the journey is not very long and tiring.

The most suitable period for travel is the middle of pregnancy - the second trimester. It is better not to plan a trip for up to 12 weeks, since the first trimester can be called the most fragile. It is at this time that all organs and systems of the baby are laid, the placenta is formed, and any negative impact on the expectant mother can lead to serious consequences - the formation of fetal malformations or termination of pregnancy. Therefore, in the first trimester of pregnancy, it is better to wear yourself like a crystal vase and follow the normal rhythm of life. Flights in the first trimester of pregnancy are especially undesirable due to a significant increase in the threat of abortion from overloads during takeoff and landing. And even if you find successful examples of trips and flights among your friends, do not forget that this pregnancy is developing in you here and now and it is in your power to insure yourself against failures as much as possible. The second trimester of pregnancy (after the 12th, and preferably after the 16th week) is the most favorable for travel. It is at 16 weeks that the placenta is already fully formed and comprehensively ensures the vital activity of the fetus. During the second trimester, as a rule, the expectant mother feels well, toxicosis has already passed, and the tummy is still small and does not interfere with active movement. In the period after 30 weeks, it is better to postpone the trip for the postpartum period or limit yourself to short trips so that, if necessary, you can quickly get to the hospital.

beach holiday

The indisputable advantages of such a pastime is the opportunity to enjoy natural healing factors - sea air, sea water, sun.

Sea bathing well relaxes the muscles, tone up the nervous system. In the water, the expectant mother does not feel the heaviness of her own body, she relaxes and refreshes her body on a hot day. It has been scientifically proven that sea bathing significantly reduces the risk of various pregnancy complications, and is even used to treat the initial manifestations of fetal and placental insufficiency - conditions when the baby does not receive enough oxygen and nutrients. In addition, swimming is an excellent exercise for the respiratory and muscular systems of the body, which will help prepare for childbirth.

Sunlight contributes to the production of vitamin D in the body, which regulates the metabolism of minerals: calcium, magnesium, phosphorus, and also prevents the development of rickets in an unborn child.

However, while relaxing on the beach, you need to take some precautions. You should not swim in the sea if the water seems too cold to you: this is fraught with hypothermia and inflammatory diseases (the water temperature should not be lower than 22 ° C). Do not arrange long and long swims.

The sun also needs to be used wisely. You can stay in the open sun until 10 am and after 4-5 pm. At any time of the day, while in the sun, it is necessary to use sunscreen that matches your skin type. If you ignore these elementary precautions, then sunbathing can end in trouble - from relatively harmless, albeit not very pretty, age spots to sunburn, sunstroke and threatened miscarriage.

Let's go to a health resort!

A kind of beach holiday or a separate type of holiday within the area of residence is a holiday in a sanatorium,

A sanatorium for expectant mothers may have several programs, some of which involve the presence of certain diseases and complications of pregnancy. In a number of general sanatoriums there are programs where, after discharge from the hospital, pregnant women are admitted for aftercare. Such treatment can even be paid for under the compulsory health insurance program. But the subject of our conversation will be sanatorium programs that provide for procedures that are allowed during a normal pregnancy, that is, those that you can choose for yourself as a vacation.

In any case, a woman can count on special medical care around the clock, daily she will be offered weighing, measuring blood pressure, and if necessary, laboratory and instrumental examinations can be performed.

The expectant mother will be offered a specially designed diet enriched with fruits and vegetables. Kinesitherapy programs are also planned: regular light gymnastics improves health and has a positive effect on the emotional state of a pregnant woman. Properly selected exercises help to avoid back pain, excessive weight gain. By improving blood circulation, you can avoid such troubles as constipation, high blood pressure, varicose veins. veins. The programs can also include aero-, phyto- and music therapy. Appropriate music and water and light effects help to relax. Aromatherapy helps with headaches, stress, insomnia. Relaxation sessions are aimed at removing and preventing emotional overload of pregnant women.

Swimming in the pool with an instructor will have a positive effect on the state of the musculoskeletal system, which experiences increased stress during pregnancy. In addition, classes in the pool perfectly prepare the muscles for childbirth. For the prevention and treatment of uteroplacental circulation disorders and the prevention of intrauterine fetal hypoxia (lack of oxygen), ozone therapy can be offered - intravenous administration of ozone dissolved in saline. This method is effective in the event of a threatened miscarriage, early toxicosis, anemia, the risk of intrauterine infection of the fetus and other complications of pregnancy, as well as a high risk of their occurrence.

Thus, the undoubted advantage that a vacation in a sanatorium gives a pregnant woman is a wellness program offered specifically for expectant mothers. If the resort is located on the seashore, then all these benefits can be combined with air and sea baths.

Off-road driving…

One of the options that a future mother can choose as the time for her next vacation can be caravanning.

During a road trip, you are actually not limited in freedom: you can choose a route according to your desires and preferences, you can stop along the way, and change the route if you wish. Having your own transport allows you to be quite mobile.

It is necessary to seriously prepare for the trip: develop a route that, in addition to the sights planned for visiting, should include places for parking and overnight stays. To do this, you must pre-book rooms in the hotels where you are going to stay.

When planning a route, you should focus not on the maximum speed that you can “squeeze” out of the car, but on the average, so that there is always a margin of time: it’s better to devote an extra hour to getting acquainted with the sights or just relaxing. In addition, it is necessary to determine in advance the points where, if necessary, you can receive medical assistance. When traveling in Russia, these are regional or district hospitals, which, as a rule, have obstetric departments.

The car in which you are going to travel must be prepared accordingly - you can not go on a long journey in a brand new car, as well as in a car that has the slightest malfunction.

When traveling by car, you should always have a small supply of food and drinking water with you in case of force majeure.

river cruise

This is another pleasant pastime during pregnancy. During a river cruise, vacationers have the opportunity to enjoy the excursion program, which, as a rule, is quite rich and varied, because the ship does not stand still, and exits to the city are provided at each parking lot. If the hike is planned to be very long, then the expectant mother can refuse it, explore the city on her own or separate from the tour in case of fatigue. In addition to excursions, while driving, you can enjoy the views that open from the deck. In addition to the excursion program, vacationers are also offered recreational activities, many of which may be interesting for the expectant mother.

If necessary, medical assistance can be obtained on the ship, where there is a doctor, or in medical institutions of the cities where the ship stopped.

If you plan to travel in the warm season, then you must follow the same safety measures when handling the sun and water as during a beach holiday.

When going on a river cruise, you need to take into account that the air temperature on the water or near the water is always slightly lower than on land, in addition, a cold wind is not ruled out, so be sure to take warm clothes with you.

How can I get help with health insurance?

If an insured event has occurred with you or your relatives abroad, then the procedure should be as follows.

First of all, you need to call the call center of the service company (its phone number is indicated in the policy). This is the official partner of the insurance company, which takes care of the organization and payment of medical care to the insured, provides guarantees for the clinic. The call is paid by the insurance company. Russian-speaking operators work in the call center. The operator needs to give your policy number, name, location, phone number where you can be called back, and explain what happened. If you feel a slight discomfort, you will most likely be advised to see a doctor yourself. Then you will have to bear all the costs yourself. You will pay for the doctor's services, and then the insurance company will reimburse you. You need to take documents confirming the treatment, the bills you paid from the doctor. Prescription medications can also be reimbursed by your insurance company, so keep your pharmacy receipts and prescriptions. If the case is more serious and hospitalization is necessary, then a service company is involved. From the nearest clinic, with which the insurance company has an agreement, they send Ambulance (“ambulance”) or authorize the hotel doctor for an examination, and here you no longer pay anything, all expenses are at the expense of the insurance company.

Travel first aid kit

On any trip, the tourist takes a first aid kit with him. A pregnant woman should consult with her doctor about what remedies may be useful to her as a first aid in case of any complications of pregnancy.

Insurance is not a luxury

When traveling abroad, an extremely important point in planning is the availability of medical insurance.

Buying a tourist trip abroad, to the CIS countries, across Russia, as well as simply getting a visa abroad, we become the owners of a medical insurance policy. When receiving such a policy, you need to know the following.

Pregnancy in the vast majority of cases is not an insured event. Of course, in a life-threatening situation, a large insurance company, valuing its reputation, is likely to pay for the hospitalization of the expectant mother and return to her homeland. Small insurance companies will simply point out to you that such expenses are not provided for in the contract, and you will only have to rely on your wallet.

Medical insurance is valid only for those diseases that overtook a vacationer abroad - these are food poisoning, flu, acute appendicitis, other acute diseases, injuries. If such troubles happen to a pregnant woman, the insurance company will reimburse the costs of treatment.

As a rule, under the terms of insurance, expenses for the treatment of injuries received in the zone of popular unrest, uprisings, riots, wars are not reimbursed. Injuries received when participating in competitions, betting, horse racing, auto and motorcycle racing are not paid. Sunburn treatment costs are not covered: such a nuisance is considered a manifestation of your carelessness. The insurance company does not guarantee assistance for infections that could have been vaccinated against in advance (this usually applies to countries in Africa where it is not recommended to travel during pregnancy). Compensation is not guaranteed for damages incurred while intoxicated. All this is stipulated in the terms of insurance.

It is also necessary to strictly follow the procedures that describe the rules of transportation (more often special transport is assumed), the time and place of entry into force of insurance (the time of crossing the border is usually taken as a starting point), etc. If you violate the terms of the contract: evacuate yourself from the country or from the scene of an accident, violate the procedure, etc., then the insurance company has the right not to compensate for the damage.

In tourist health insurance, a deductible is sometimes used. It is absolute and relative. An absolute deductible for a certain amount, for example, $ 100, means that out of all the costs of treatment, you undertake to compensate this amount yourself, the rest is the insurance company. Relative franchise operates differently. If the bill for treatment exceeds $100, the insurance company will pay for everything, if medical services turn out to be cheaper, you will have to pay yourself.