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What the labor code stipulates for pregnant workers. Rights of pregnant women at work

Working conditions of a pregnant woman

The law establishes additional social guarantees for women who are pregnant. Working conditions for pregnant women consist initially in the prohibition of heavy physical and harmful work. But the facilitation of labor discipline for such a category of workers is not limited to this. An employer cannot fire a pregnant woman without her consent, and you must be aware of this.

What labor benefits are there?

Legislation (Article 253, Russian Labor Code) restricts the use of female labor in hazardous, hazardous or underground work, and activities for the transfer of weights that are outside the permissible limits. But, when a worker is pregnant, she has the right to demand a reduction in physical activity. The main thing is that there is no gender discrimination.

According to the medical opinion and at the request of the expectant mother, the employer is obliged to transfer her to a job that excludes harmful effects on the human body.

If the new labor costs less, then the payment for the result does not change - the woman receives the average salary of the position from which she was transferred due to pregnancy (Article 254, Russian Labor Code).

Before the transfer is issued, a woman is released from her work duties with the preservation of wages.

In addition, it is prohibited (article 259, Russian Labor Code):

  • The use of labor force of pregnant women in night work shifts.
  • Overtime employment.
  • Travel directions.
  • Call on Saturday, Sunday and holidays.

Technical requirements for the work of a pregnant woman

According to the sanitary standards (Decree No. 32 of the Sanitary and Epidemiological Committee) for workers during pregnancy, a prohibition of labor actions that entail an increase in physical, psychological, overload of the body is established.

The expectant mother is prohibited from working:

    Forcing you to lift goods above your shoulders; from the genital surface; with muscle tension in the legs and abdomen; in a certain position of the body (squatting or kneeling, resting on the stomach); with a mandatory inclination of the body at an angle of more than 15 °.

    On foot operated machines.

    On conveyor technology with a preset movement rhythm.

    Leading to a nervous and psycho-emotional breakdown.

    Interacting with pathogens.

    Under the condition of infrared radiation above natural values ​​and at a temperature of the working surfaces above 35 °.

    Causing soaking of clothes and shoes, or passing through drafts.

    With strong changes in atmospheric pressure.

    If there are no windows and no natural light sources in the place of work.

    Subject to constant use of video display terminals and computers.

Technical actions for a pregnant woman are selected taking into account the following physical activity:

  • If there is a lifting and movement of goods, these actions alternate with other work, the weight of the object being lifted is allowed up to 2.5 kilograms. If the alternation does not occur during the work shift, then the permitted weight is reduced to 1.25 kilograms.
  • When moving goods at a distance of up to five meters from work tables, the total weight of items does not exceed 60 kilograms for one hour of activity or 480 kilograms for the entire time of work.

When performing her work duties, the expectant mother is allowed to perform simple actions related to folding, packing, sorting objects in a free position, if the work process complies with sanitary and hygienic standards.

A pregnant woman can be fired only by agreement of the parties, so if you do not want to voluntarily quit, in no case sign anything.

Requirements for a woman's place of work during her pregnancy

Legal norms (Resolution No. 32, adopted by the Sanitary and Epidemiological Committee of Russia) establish the necessary conditions for creating a space for the future mother's work. It complies with the rules if:

  • Allows you to perform actions in an unclamped mode and posture, makes it possible to change the position of the body at the request of the worker.
  • It includes a swivel chair with backrest adjustment, which has hand and head holders, a lumbar protrusion. The tilt of the back is allowed to be adjusted depending on the time of pregnancy, the characteristics of work and rest of the employee.
  • Its design provides for a footrest, the slope and height of which is adjustable at the discretion of the pregnant woman.
  • The table top has a recess for the body, its corners are rounded and the surface is matte.

The optimum temperature in the room, office, warehouse where the woman is located when performing her labor activities is 23-25 ​​° C. Air humidity is 40-60%. Consecration is the maximum allowable, the noise level is not higher than 60 decibels. There is no vibration and ultrasonic radiation. Atmospheric pressure corresponds to natural parameters.

Registration of transfer to light working conditions

Legislatively (Article No. 253 of the Russian Labor Code) it is established that the transfer to another position occurs at the request of the employee upon receipt of a medical certificate, which indicates the need to change the parameters for performing professional duties.

If an employee expresses a desire to change her job duties and confirms her status with medical documentation (it is allowed to issue it already at the first visit to a gynecologist), the necessary work is selected. After that, the organization issues an order to transfer the woman to another job, to establish a new wage for her, the minimum amount of which is equal to the average earnings in the previous position.

Such a transition is allowed at the will of the employer. To do this, the woman is sent an offer to move to another job. If she agrees to change the labor function, then a transfer order is issued.

After signing the internal order, an additional agreement to the work contract is drawn up. It is necessary to amend the employment contract according to the law (Article 72 of the Labor Code of Russia) if:

  • There was a temporary change in the labor function of the worker.
  • The place of her employment is changing.
  • Wages are changing.

If situations arise when the working conditions do not allow the expectant mother to be transferred immediately (there are no vacancies or the woman does not fit in qualifications), the employer removes her from work while maintaining the average wage. Suspension lasts until translation becomes possible.

Additional social guarantees for pregnant women

In addition to restrictions on harmful working conditions, the law provides for the following social guarantees and benefits for expectant mothers:

  • A prohibition for an employer to dismiss without her consent (Article 261 of the Russian Labor Code). This rule does not apply to the liquidation of the enterprise where the pregnant woman works.
  • Prolongation of a fixed-term employment contract at the request of a woman and upon presentation of a pregnancy certificate by her. This rule does not apply to cases of returning a temporarily absent employee.
  • Providing, regardless of the length of time, annual leave before leaving on maternity leave and immediately after leaving it.

Establishing a preferential labor regime for pregnant women is a way to support the birth rate and protect the rights of pregnant women ..

Employees of the portal site will help you draw up the documents correctly if you want to facilitate your activities, force the manager to find a job that meets legal requirements.

Our support will allow to defend rights and protect property interests while waiting for the birth of a child. Consultation on the site is a way to find answers to legal questions of employment of expectant mothers.

If they want to dismiss you during maternity leave, please contact our specialists immediately.

Labor legislation of the Russian Federation gives pregnant women special rights in comparison with other workers. They have a number of benefits, which will be discussed in this article. Every woman who has provided a certificate from the antenatal clinic confirming registration in connection with pregnancy can take advantage of the privileges. This certificate is registered with the personnel department.

Pregnancy and working conditions

Many of the benefits provided to pregnant women are related to working conditions. So, in article 254 of the Labor Code of the Russian Federation it is said that at the request of a woman, she can reduce the production rate. In addition, it is possible to transfer to another job, excluding the impact of harmful factors. At the same time, the woman retains both the position and the average earnings.

Earnings are also saved when a woman is absent from work in connection with the passage of a mandatory dispensary examination. In this case, the woman must provide the employer with certificates from the clinic confirming her absence from work for this very reason.

Pregnant women are exempt from certain types of work: they are forbidden to lift weights over 2.5 kilograms, work night shifts, and come into contact with hazardous substances.

According to the law, a woman must change her type of activity in the case of piecework, assembly line work, in the presence of frequent business trips, etc.

To transfer to a simpler job, a woman needs to write a statement asking for a transfer and support it with a certificate from a doctor. This procedure will not be reflected in the work book and will not affect the amount of wages.

Article 90 of the Labor Code of the Russian Federation allows a pregnant woman to work part-time as agreed with the employer. In this situation, the labor and insurance record of the pregnant woman cannot be adjusted, but the wages will depend on the hours actually worked.

The legislation also defines the requirements for the workplace of a pregnant woman: the room must be equipped with ventilation, must have normal air temperature and humidity. The workplace should not be located near copying and duplicating equipment. It is necessary to work at the computer no more than three hours in one shift. And although today it is difficult to imagine in practice, women should still be aware of the existence of such rights and at least take periodic breaks from working at the computer.

Rights and obligations of pregnant women at work

The rights of pregnant women are reflected in several articles of the Labor Code of the Russian Federation (Articles 254, 255, 259, 261 and others).

The basic rights indicated in the document include the following:

  • the right not to go to work on weekends and holidays, not to work overtime;
  • the right to compulsory payment of maternity leave regardless of the woman's length of service;
  • keeping a woman at her workplace during the entire maternity leave;
  • continuation of the accrual of labor and insurance experience;
  • the impossibility of terminating the employment contract on the initiative of the employer, except in cases of liquidation of the company.

To exercise her rights, a woman can apply with written applications for the provision of certain benefits to the leadership of the organization.

In applications, it is necessary to refer to the articles of legislative acts, according to which these benefits are provided.

In addition to the listed rights, labor legislation assigns certain responsibilities to pregnant women.

These include:

  • timely notification of management about the upcoming decree by providing an appropriate document;
  • compliance with the rules, regulations and charter of the organization;
  • non-admission of absence from the workplace without good reason;
  • avoidance of evasion from the performance of direct duties.

Applying for a new job

According to article 64 of the Labor Code of the Russian Federation, a pregnant woman cannot be denied employment due to pregnancy when applying for a new job. The decision to hire should be made on the basis of the person's personal and professional qualities, and not on the basis of the absence of the fact of pregnancy.

If such a situation occurs and a woman is refused, she can ask for a written explanation of the refusal, with which you can safely go to court.

According to article 145 of the Criminal Code of the Russian Federation, unjustified refusal to hire by a court decision may be punishable by a fine or compulsory work for the employer.

The same applies not only to refusal to hire, but also to unjustified dismissal.

There is no probationary period for pregnant women and women with children under one and a half years. This means that a woman cannot be fired due to the failure to pass the probationary period. In principle, any infringement of the rights of pregnant women can turn out pretty badly for employers.

Since almost all family concerns have traditionally been on the shoulders of women, most of these benefits are exclusively for them. The physiological characteristics of a woman, her reproductive function cannot but leave an imprint on the scope of her rights in the process of working. Associated with this are restrictions when performing heavy work, lifting heavy weights and other benefits and incentives provided by our labor and social legislation.

Benefits, guarantees and compensations provided by the legislation for pregnant women and women with children are provided by the employer regardless of its form of ownership (private, state, municipal).

Guarantees are the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured. The guarantees established at the conclusion of an employment contract, in particular the possibility to appeal in court against the refusal to conclude an employment contract, are a way to protect the rights of an employee. 164 Labor Code.

The following benefits are provided for a pregnant woman:

1) a decrease in the established production rates or service rates;

2) transfer of a pregnant woman while maintaining the average earnings from her previous job to another job, which will exclude the impact of unfavorable production factors;

3) transfer of a woman with children to another job if it is impossible for her to perform her previous job;

4) the establishment of a part-time working regime (Appendix 2).

Part-time work can be established at the request of a pregnant woman, a woman with children under the age of 14, either part-time or part-time. In this regard, women can contact the employer both at the time of employment and later. Moreover, the legislation does not limit the number of hours by which the employer can reduce the working time, therefore this is achieved by agreement between the employer and the employee. When a part-time working regime is established, remuneration is carried out in proportion to the time worked or depending on the amount of work performed. At the same time, for an employee in respect of whom a part-time regime is established, there are no restrictions in connection with the duration of the annual paid leave, the calculation of the length of service and other labor rights. Information about the provision of part-time work is not entered in the work book.

For pregnant women, guarantees are also provided in the form of restrictions on business trips, overtime work and night work. Sending pregnant women workers on business trips, overtime work, night work, weekends and non-working holidays is prohibited. This prohibition persists even if the woman agrees to perform such work.

Women with children under the age of 3 can be sent on business trips, involved in overtime work, night work, weekends and non-working holidays, but only with their written consent. Moreover, they must be informed in writing of their right to refuse to be sent on a business trip, to engage in overtime work, work at night, weekends and non-working holidays. Also in this case, the medical indicators of the worker's health are taken into account. Women with children can be involved in the above jobs only if it is not prohibited by medical recommendations.

The legislation also provides for guarantees for pregnant women and women with children upon termination of an employment contract. The Labor Code of the Russian Federation contains a ban on termination of an employment contract on the initiative of an employer with a pregnant woman. Moreover, this does not depend on the form of ownership of the employer. However, the dismissal of a pregnant woman is allowed in case of liquidation of an organization, as well as when a decision is made to terminate the activities of a branch or representative office of this organization, since in this case the legal consequences for employees are similar to those provided for cases of liquidation of an organization.

In case of termination of the employment contract on the initiative of the employer while the woman is in a state of pregnancy, the woman has the right to apply to the court with a request to reinstate her at work. This requirement of a woman is subject to satisfaction on the basis of the Resolution of the Plenum of the Armed Forces of the Russian Federation on some issues arising when the courts apply legislation regulating the work of women, and regardless of whether the administration knew about the pregnancy and whether it was preserved during the consideration of the case.

In the event that a fixed-term employment contract was concluded with a pregnant woman and its term expired during pregnancy, the employer is obliged to extend the term of this contract until the moment she has the right to maternity leave, Article 255 of the Labor Code of the Russian Federation. The basis for the extension of a fixed-term employment contract is the application of a pregnant woman. Moreover, the total duration of the contract in this case may exceed the term of the fixed-term contract established by Article 58 of the Labor Code of the Russian Federation, but the work of a woman outside the term of the employment contract does not transform the fixed-term employment contract into an agreement concluded for an indefinite period. The basis for the extension of a fixed-term employment contract is the application of a pregnant woman.

In the event of termination of an employment contract with a pregnant woman at her own request or by agreement of the parties, the employment contract is terminated in accordance with the generally established procedure without providing any additional benefits and compensations, Article 80 of the Labor Code of the Russian Federation.

Labor legislation also establishes guarantees upon termination of an employment contract on the initiative of the administration for women who have children under the age of 3, for single mothers with children under the age of 14 or disabled children under the age of 18. Dismissal of these persons is allowed only in the following cases:

1) the liquidation of the organization or the termination of the activities of the employer - an individual;

2) for health reasons in accordance with a medical report;

3) repeated non-performance by the employee without good reason of labor duties, if he has a disciplinary sanction;

4) absenteeism (absence from the workplace without good reason for more than 4 hours in a row during the working day);

5) appearance at work in a state of alcoholic, drug or other toxic intoxication;

6) disclosure of secrets protected by law (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties;

7) committing at the place of work theft (including petty) of someone else's property, embezzlement, deliberate destruction or damage, established by a court verdict that has entered into legal force or by a resolution of a body authorized to apply administrative penalties;

8) violation by the employee of labor protection requirements, if these violations entailed grave consequences (industrial accident, accident, catastrophe) or deliberately created a real threat of such consequences;

9) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to the loss of confidence in him on the part of the employer;

10) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

11) one-time gross violation by the head of the organization (branch, representative office), his deputies of his labor duties;

12) submission by the employee to the employer of forged documents or deliberately false information when concluding an employment contract Art 81 of the Labor Code of the Russian Federation.

Dismissal on the above grounds is carried out without further compulsory employment of a woman and without preserving the average wage.

When assigning benefits for state social insurance in case of termination of an employment contract with pregnant women or mothers with children, moreover, children adopted or under guardianship or guardianship, under the age of 14 or a disabled child under the age of 16, continuous work experience persists, but subject to employment before the child reaches the specified age.

Currently, the current legislation provides for a unified system for providing citizens of the Russian Federation with children, state benefits in connection with the birth and upbringing of children. This system is designed to provide state-guaranteed material support for motherhood, fatherhood and childhood.

Federal Law of May 19, 1995 N 81-FZ "On State Benefits to Citizens with Children" (as amended on December 22, 2005) regulates the procedure for payment of state benefits to citizens who have children. This Law establishes the following types of state benefits:

1) maternity allowance;

2) a one-time allowance for women registered with medical institutions in the early stages of pregnancy;

3) a lump sum for the birth of a child;

4) monthly allowance for the period of parental leave until the child reaches the age of one and a half years;

5) monthly child allowance Federal Law of May 19, 1995 N 81-FZ "On State Benefits to Citizens with Children."

However, the legislation on state benefits to citizens with children does not apply to:

1) citizens of the Russian Federation (foreign citizens and stateless persons), whose children are fully supported by the state;

2) citizens of the Russian Federation (foreign citizens and stateless persons) deprived of parental rights;

3) citizens of the Russian Federation who have left for permanent residence outside the Russian Federation.

The payment of state benefits to citizens with children is carried out at the expense of the Social Insurance Fund of the Russian Federation, funds from the federal budget or funds from the budgets of the constituent entities of the Russian Federation. Moreover, the costs of the delivery and forwarding of state benefits are carried out from the same sources from which the payment of benefits is made, and when paying state benefits through banking services, no fee is charged from citizens with children. The amounts of state benefits to citizens with children in regions and localities with regional coefficients to wages established in them are established using these coefficients, which will be taken into account when calculating state benefits if they are not taken into account in the composition of wages. At the same time, recipients are obliged to promptly notify the authorities that assign these benefits about the occurrence of circumstances that entail a change in the size of state benefits or the termination of their payment. The term for notification of changes may not exceed 3 months.

In the event that a situation arises when the monthly allowance was paid excessively through the fault of the recipient (provision of documents with deliberately incorrect information, concealment of data affecting the right to assign state benefits to citizens with children, calculating their size), these overpaid amounts are withheld from the recipient.

In case of termination of the payment of benefits, the remaining debt is recovered from the recipient in court. Amounts overpaid to the recipient through the fault of the authority that awarded the state benefit will not be withheld, except in the event of an accounting error. In this case, the damage is recovered from the guilty persons in the manner prescribed by the legislation of the Russian Federation.

The maternity allowance is assigned and paid in accordance with the Regulation on the Procedure for Provision of Benefits for State Social Insurance, the Law on State Benefits to Citizens with Children, as well as the Regulation on the Procedure for Appointment and Payment of State Benefits to Citizens with Children.

The right to receive maternity benefits from employing organizations is reserved for female workers who are subject to state social insurance, namely, on whose wages and salaries are deducted from the unified social tax. At the same time, the basis for his appointment is only the sick leave issued in the prescribed manner, and in case of its loss - a duplicate of the sick leave.

The state allowance is paid for the period of maternity leave, the duration of which, according to Article 255 of the Labor Code of the Russian Federation, is 140 calendar days from 30 weeks of pregnancy (70 calendar days before childbirth and 70 calendar days after childbirth), and in case of multiple pregnancies - from 28 weeks pregnancy and the total duration of prenatal and postnatal leave 180 days. In accordance with the instructions on the procedure for granting postnatal leave in case of complicated childbirth, a woman is granted 86 postnatal leave, and 110 calendar days after the birth of two or more children. Maternity leave is provided completely regardless of the number of days actually used by a woman before childbirth, since it is calculated in total.

The state maternity allowance is also issued for the adoption of children under the age of 3 months. At the same time, the duration of the leave for which the benefit is payable, based on the period from the date of adoption to the expiration of 70 calendar days (in the case of adoption of two or more children - 110 calendar days) from the date of birth of the child (children).

In the event that a miscarriage occurs after 196 days of pregnancy, the maternity benefit is paid on a general basis.

The maternity allowance is calculated from the average earnings (income) in the manner established for calculating the temporary disability allowance. However, unlike sick leave benefits, maternity benefits are paid in full regardless of the employee's length of service. At the same time, when a time-based wage is established in the organization, all allowances and bonuses that are paid to her in the current year are added to the employee's salary.

When calculating this benefit, the following types of earnings are not included in the calculation of average earnings:

1) wages for overtime work, including additional payments for this work;

2) payment for part-time work, and payment is taken into account both at another enterprise and at the place of main work;

3) additional payment for work that is not part of the duties of a worker or employee in the main job;

4) wages for downtime days, for regular and additional vacations, during a military training or verification fee, for the performance of state or public duties;

5) payments of a one-time nature (one-time bonuses, compensation for unused vacation, severance pay, etc.).

The state maternity allowance is paid for all working days during the period of maternity leave. The appointment and payment of this allowance is made at a time for the entire period of the leave granted, but no later than 10 days from the day the employee presents the certificate of incapacity for work. In this case, a woman must apply for an allowance no later than 6 months from the date of the end of the maternity leave.

The allowance is paid to the employee within 10 days after she submits a certificate of incapacity for work to the accounting department of the organization. It is discharged to an employee at the antenatal clinic when she ends maternity leave. The accounting department is obliged to pay the woman for all working days that fell on this vacation. An employee can apply for benefits within 6 months from the end of the vacation.

The right to a lump sum is granted in addition to the maternity benefit. This allowance is eligible for pregnant women who are registered with medical institutions in the early stages of pregnancy (up to 12 weeks).

This state allowance is paid at the expense of the Social Insurance Fund of the Russian Federation, the federal budget and the budgets of the constituent entities of the Russian Federation in accordance with the established procedure.

As we can see, all controversial issues related to the guarantees and benefits provided to women are rather detailed and widely regulated not only by labor law norms, but also by the norms of other industries, in particular social security.

The Labor Code of the Russian Federation has significantly expanded the scope of legal regulation of the labor of women and persons with family responsibilities. The state paid great attention to the protection of motherhood, childhood, women's health during pregnancy, childbirth and immediately after them; provided more benefits and opportunities at work. Indeed, in the conditions of the spiritual revival of society, it is necessary to pay great attention to the younger generation, on which the development of our country largely depends on Sheptulina N.N. Features of labor regulation of certain categories of workers / N.N. Sheptulina. // Labor law. - 2004. - N6. -С.21 - 24 ..

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

Stress, unhealthy work, night shifts, getting up early and in a hurry can definitely harm the health of the mother and the unborn child, while working with normal conditions and a schedule that allows you to take a break helps to distract from the anxieties and fears common during pregnancy. How to build a relationship with an employer so that you don't have to choose between pregnancy and work? What rights and responsibilities do expectant mothers have, and what do employers have?

The Labor Code provides for special guarantees for expectant mothers to protect this category of workers, not too beloved by employers. This applies not only to employees, but also to those who are just starting a new job, since pregnancy cannot be a reason for refusing to accept. Such women cannot be assigned a probationary period.

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

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

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

Working conditions

The Labor Code provides for the possibility of softening the requirements for results and work schedule when an employee confirms pregnancy, this includes a decrease in production rates or transfer to another job while maintaining average earnings. If such a transfer took some time, for this period the woman is released from work with the preservation of the average wage. The basis is a medical certificate or a statement by the employee herself.

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

Features of work during pregnancy

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

Such employees should not be involved:

  • in nighttime;
  • overtime;
  • on a rotational basis;
  • on holidays and weekends;
  • on business trips.

No pregnancy is complete without regular visits to antenatal clinics and other medical examinations. The employer is obliged to let the employee go to visit doctors and take tests, and the average earnings for this period are preserved.

If everything is clear with physical exertion and harmful working conditions, is it possible to perform sedentary work during pregnancy? Given the changes in the body, this can be fraught with stagnation of blood in the small pelvis and an increase in the load on the intervertebral discs. These consequences of sedentary work during pregnancy can be avoided by choosing the right chair, taking 15-20 minute breaks every hour, and forgetting about the leg-to-leg position.

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

When do I need to bring a pregnancy certificate?

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

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

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

Remember, your main task is to endure the child, and stress, overwork, lack of sleep carry complications for the health of the mother and the fetus. Do not overexert yourself - physically or mentally. Feel free to rest, have a snack, get out for the air. Ask for shorter working hours or other working conditions if necessary. This can be problematic, for example, when working in a kindergarten during pregnancy, you can only be offered a shorter shift with all responsibilities retained, however, if necessary, you can ask the gynecologist to send you to sick leave.

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

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

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

Employers are usually reluctant to hire pregnant women. For this reason, they have no right to refuse a position, but the motivation may be different. If you are applying for a new job, it is better to hide the pregnancy, instead, try to prove yourself as a competent specialist and responsible employee - this will help maintain relations with the employer and give you the opportunity to safely return to this position after maternity leave.

Dismissal and layoffs

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

Situations when a woman can still lose her job:

  1. Liquidation of the organization or termination of the activities of the individual entrepreneur.
  2. Fixed-term employment contract. If it is concluded during the absence of another employee, the employer is obliged to offer other vacancies that are suitable for working conditions. If translation is impossible, the woman will be fired. If a fixed-term employment contract is not "tied" to the return of another employee to work, then it is extended until the end of pregnancy or maternity leave, and the employee must provide confirmation of her condition (a certificate from a gynecologist) at the request of the employer.

Returning to work after childbirth

In the application for maternity leave or childcare leave, the length of the period of absence of a woman from work is indicated, and after its end she has the right to go to work for the same position. A woman can interrupt her vacation and leave early by writing an application to the employer. She maintains the amount paid and is entitled to a reduced day.

Most often, the main problems are two - having a small child and the need to get used to work again. For young mothers, the laws provide for some concessions - shorter working hours, holidays, sick leaves, but the restoration of professional qualifications and adaptation will have to take time and effort.

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

Useful video about working during pregnancy and going on maternity leave

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A woman who decides to have a baby is often faced with a dilemma. For many, it is very difficult to decide what is a priority for their career or personal life. Realizing that she is pregnant, the expectant mother begins to look for answers to the questions: what to do with work, when to take maternity leave, how the authorities will react in case of frequent sick leave, and suddenly they will be offered to quit, and so on. Pregnancy and work are quite compatible, and every woman should understand this.

Mom-to-be and her job

Do you have good news, did you get pregnant? Don't make hasty decisions, calm down and think it over well. Visit your gynecologist initially and consult about your current condition. If there is a risk of complications, it may well be that for a certain period of time you will have to forget about the workplace.

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

This is done for various reasons. Some think that they will surely be fired, others are afraid of being deprived of additional payments and bonuses, others do not say anything, simply for superstitious reasons. All these fears are unfounded. On the contrary, they deprive a pregnant woman of all sorts of privileges that her position carries and rightfully deserves to her. The employer is not entitled to:

  1. To dismiss this category of employees or to lay them off.
  2. Transfer them to easier work and at the same time reduce wages.
  3. Refuse to shift the work schedule (this applies to the beginning and end of the work shift).

You should always be prepared for the fact that the leadership may behave, to put it mildly, "unfairly." Ignoring the laws that protect expectant mothers, bosses are looking for ways to get rid of such a "burden".

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

How do I report pregnancy?

Before you give important news to your boss, you need to prepare ahead of time. There is no guarantee that this message will be received positively. Do not be offended in case of such a reaction. Set yourself up on a positive note, do not make a scandal, do not threaten, and try to discuss the issue calmly and kindly.

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

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

Don't think solely about your own benefits, because the boss must prepare for your departure. And this takes time. Timely awareness will allow you to select a person in your place in advance.

Restrictions during work

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

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

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

Documents for registration of a decree

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

Having made sure of your position, do not delay contacting the antenatal clinic, where you will be taken for medical supervision. Here they must issue a certificate, which is subsequently submitted to the personnel department for registration of a leave associated with bearing a child and future childbirth. In addition, benefits will be paid on the basis of this document. When calculating it, the average earnings for 180 days of previous work are taken into account. Including bonus payments, travel allowances, surcharges and vacation pay are taken.

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

Persons engaged in entrepreneurial activity are paid by the decree by the social insurance fund. Students and unemployed people apply for payments to the Department of Social Security.

Rights of working mothers

Basically, all women, being pregnant, are quite sure that they can master the volume of official duties. But in reality they do not always succeed. If you realize that you are not coping, do not ignore this fact. Talk to management about how you can reduce the workload and eliminate the most difficult responsibilities. You can ask for help if you do not have time to do something. Surely the bosses will not mind.

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

A pregnant woman who is employed may:

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

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

Sitting position

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

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

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

Pregnancy and computer technology

Many expectant mothers are concerned about the safety of working at the computer during the period of carrying a child. If the job requires the use of a computer, will it harm the baby? After all, performing office functions can be spent in front of the monitor all day.

For many years, experts have been trying to determine how dangerous a computer is for a woman expecting a baby. Repeated studies were carried out, statistical records were kept of pregnant women, whose job is to constantly be at the computer, and the percentage of pathologies in the development of the fetus and spontaneous abortions was determined. Fortunately, no connection has been established between possible miscarriages and computer work.

It is worth noting that the technique is being improved with incredible speed and these are not the same machines that were produced several decades ago. Then, in order to protect yourself, it was necessary to use protective screens from electromagnetic radiation. Despite this, it cannot be said with certainty that prolonged exposure to a computer screen during pregnancy is absolutely safe.

You need to sit in front of the monitor in the correct posture, with your back straight and at the optimum permissible eye distance from the monitor. It is important to take breaks from work. Be aware of the dangers of physical inactivity and blurred vision.

Pregnancy and Labor Code

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

  • A woman is able to work for the first six months of pregnancy. Very often the employer refuses this category in admission to work. Thus, he relieves himself of the problems associated with the payment of maternity money and vacation pay.
  • It is important to know that this is illegal unless there are other compelling reasons.
  • You must be accepted into the state, and without assigning a probationary period.

Knowing clearly about your rights, you can easily develop a strategy for behavior in a team. The Labor Code is designed to protect individuals and their rights to work and rest. Women carrying children are no exception. This is not to say that absolutely everyone likes these laws. But nevertheless, we are obliged to comply with them. It will take a certain amount of courage to defend your positions. And remember - the law is on your side.

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

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

Time to rest

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

After all, after sick leave, most often, women go on parental leave and can no longer use the opportunity to “take a day off” the days prescribed by law. This technique is widely practiced in government agencies.

Payments at the birth of children

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

To apply for money, you must provide the following documents:

  1. An approved form from the hospital.
  2. Application of the established form.
  3. Help from the place of work, study, service.
  4. Individual tax number, passport, work book.
  5. Document from the employment center (if you are looking for a job and for this you have submitted documents to the employment service).

You should apply for the allowance within six months of the end of the leave in connection with pregnancy and childbirth.