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Pregnancy certificate. How do I get a pregnancy certificate? Pregnancy certificate or when is it better to present good news to your boss? Video: from what time is a pregnancy certificate issued

THE GOVERNMENT OF MOSCOW

DEPARTMENT OF HEALTH

The Department of Healthcare sends for information and use in work the approved "Procedure for the appointment and payment of a one-time allowance to women registered in medical institutions up to 20 weeks of pregnancy."

The Health Department instructs to organize in antenatal clinics a record of issued certificates of registration of a woman up to 20 weeks of pregnancy for presentation to social welfare institutions in the corresponding registration register for issuing certificates.

When filling out the journal, it is necessary to indicate: certificate number, full name. pregnant woman, date of birth of the pregnant woman, address of registration (registration), date of issue of the certificate, duration of pregnancy at the time of registration of the pregnant woman, full name. the doctor who issued the certificate.

Deputy Head

Department of Health

I. A. LESHKEVICH

APPROVED

First Deputy Mayor of Moscow

in the Government of Moscow

L. I. SHVETSOVA

APPOINTMENT AND PAYMENT OF LINGER BENEFITS

WOMEN REGISTERING IN MEDICAL INSTITUTIONS

UP TO 20 WEEKS OF PREGNANCY

This procedure is established in order to implement the order of the Moscow Government dated June 29, 2006 N 1200-RP "On conducting an experiment to introduce a preferential system for servicing pregnant women" (hereinafter - the order of June 29, 2006 N 1200-RP).

1. General Provisions

1.1. Women - citizens of the Russian Federation, foreign citizens and stateless persons registered by registration authorities at their place of residence in the city of Moscow have the right to a one-time benefit.

1.2. A lump sum is assigned to women (regardless of the fact of work, study or service) who got up after July 1, 2006, within 20 weeks of pregnancy, to be registered with medical institutions in Moscow.

1.3. The lump sum is assigned at the expense of the budget of the city of Moscow in the amount established by the Government of Moscow.

1.4. The bodies responsible for the appointment of a lump sum are the Directorates of Social Protection of the Population of Moscow City Districts (hereinafter referred to as the Social Protection Directorate).

1.5. A one-time benefit is assigned if the application was followed at any time after registration with medical institutions in Moscow, but not earlier than the 20th week of pregnancy and no later than 12 months from the month of birth of the child. In some exceptional cases, when a woman applies later than the deadline and submits documents confirming a valid reason for missing the deadline, the Moscow City Social Protection Department, at the request of the social protection department, in each specific case, may consider the issue of assigning a lump sum.

1.6. A lump sum is also due to a woman in the event of the birth of a still child.

1.7. Medical institutions of the city of Moscow, no earlier than the 20th week of pregnancy, issue a certificate of the established form (attachment).

2. Assignment of benefits

2.1. An application for the appointment of a one-time benefit is submitted personally in writing to the department of social protection at the woman's place of residence.

Attached to the application:

a) a copy of the passport, residence permit or other document proving the applicant's identity, place of residence and citizenship;

b) a certificate of a medical institution in the city of Moscow of the established form on the registration of a woman up to 20 weeks of pregnancy after July 1, 2006.

2.2. When accepting an application, the information specified in it is verified with the applicant's passport data. An application for the appointment of a lump sum is registered in the register of decisions on the appointment of benefits.

2.3. The lump sum is assigned using the IS "Assignment and Recalculation (allowance)".

The decision on the appointment is printed out, certified by the signature of the head and the seal of the social protection department and filed together with the application in a separate personal file (subsequently, documents for other types of benefits and compensations for families with children are attached to it). After the head of the social protection department has signed the decision on paper, the electronic version of the decision is approved, the regulatory functions are performed to assign a registration number and the information is individually transferred to the data bank of the served persons.

2.4. In the IS "Social card of a Muscovite" an application form is drawn up for the production of a "Social card of a Muscovite", if necessary, photographs are taken or a photograph is glued to the application form. The application form and the application for the transfer of benefits to OJSC "Bank of Moscow" are printed and signed by the applicant.

If the applicant has a valid "Social card of a Muscovite", an application is drawn up for the transfer of benefits to the OJSC "Bank of Moscow" and information about this is sent to the State Unitary Enterprise "Moscow Social Register".

In the application for the transfer of benefits to the Bank of Moscow OJSC in the requisite "What to transfer to a special card account" the value 4 "one-time benefit" is indicated.

Information about the person being served is transferred to the City-wide Integrated Data Bank (hereinafter - OIBD) of the Distributed Automated Information Processing System for the Social Protection of Moscow Residents (RASOI "Social Protection") on the day of receipt of the application and the necessary documents, but no later than the next day in the schedule for transferring information from the departments social protection established by the regulations for working with the IRBD.

After assigning a personal number in the OIBD (the operation is carried out according to the schedule from 1 to 5 working days), the assigned personal number is entered by hand in the appropriate field of the questionnaire and in the application for the transfer of a one-time benefit to the Bank of Moscow OJSC. The application form together with the photograph is sent to the State Unitary Enterprise "Moscow Social Register" in electronic and paper form on the same day.

2.5. The prepared "Social card of a Muscovite" with an open banking application, after its delivery to the social security department, is issued to the applicant. In the journal of registration of decisions on the appointment of benefits and in the statement of issuing cards, a note is made about the issuance of a "Muscovite Social Card", with the signature of the recipient.

2.6. Information exchange on the issue of the "Muscovite Social Card" in accordance with this Procedure is carried out in accordance with the agreed rules of information interaction.

2.7. The payment of a lump sum from the bank application "Social card of a Muscovite" is carried out from a special card account of the applicant, which is opened in the Bank of Moscow on the basis of information data received in accordance with this document, in electronic form, generated on the basis of an application and a questionnaire - applications submitted to department of social protection.

Information on opening a special card account is transmitted via communication channels to OJSC "Main Information and Computing Center of Moscow" and is taken into account in the OIBD for the formation of appropriate payment documents within the framework of the current regulations for information interaction.

3. Procedure for using the "Muscovite Social Card"

to serve pregnant women

3.1. "Muscovite Social Card" grants the right to purchase goods for children under the system of preferential services in children's centers that have entered into an appropriate agreement with the State Unitary Enterprise "Moscow Social Register", or to receive cash in the branches of the Bank of Moscow OJSC within the amount established by the order from 06/29/2006 N 1200-RP.

3.2. The "Muscovite social card" issued in connection with the appointment of a one-time benefit does not provide the right to free (reduced) travel on city public transport and commuter trains.

The door to the secretariat opened and Lyudochka from the accounting department ran in. She happily announced: "I am expecting a baby, it is already the fourth month!" Marina, the secretary, was glad for Lyudmila, and thought to herself: “What is supposed to be pregnant there? After all, the personnel officer was dismissed. And I have not come across maternity girls, I will have to study this issue. " We will help Marina - we will consider what documents are drawn up by personnel officers for expectant mothers.

IF AN EMPLOYEE ASKS FOR AN INCOMPLETE WORKING DAY

At the request of a pregnant employee, the employer is obliged to establish her part-time or part-time work week (Article 93 of the Labor Code of the Russian Federation) with payment in proportion to the hours worked. That is, the Labor Code of the Russian Federation in this case does not give the employer the right to choose - he is forced to take into account the wishes of workers in this category and transfer them to part-time work.

The Labor Code does not establish a specific length of part-time work, so the parties to the employment relationship will have to agree on this on their own. Since the courts usually take the side of the pregnant worker, in this case, it is worthwhile to meet her halfway in the matter of agreeing on the number of working hours. To establish a part-time work schedule, an employee is required to provide an application (Example 1) and a pregnancy certificate, since it is pregnancy that gives her the right to demand the establishment of such a work schedule.

The employee's application should be registered in the register of incoming documents and obtain an approval visa from the manager.

The agreement on working hours in part-time mode must be recorded in an additional agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation),

since the introduction of part-time work is a change in the terms of the employment contract (Example 2).

It is also necessary to issue an order to establish a part-time working regime for the employee (Example 3).

IF THE EMPLOYEE NEEDS TO BE TRANSFERRED TO ANOTHER JOB

According to the first part of Art. 254 of the Labor Code of the Russian Federation, a pregnant worker must be reduced in production or service rates, or she must be transferred to another job that excludes the impact of adverse production factors. The basis for this is the medical report and the employee's statement (Example 4).

Sometimes the expression “easy work” is used, but there is no such term in the Labor Code of the Russian Federation. Both when the norms are reduced, and when the employee is transferred to another job, her average earnings from the previous job will remain, if the salary for the new job is lower.

Medical report must comply with clauses 13, 14 of the Procedure for issuing certificates and medical reports by medical organizations (approved by order of the Ministry of Health and Social Development of Russia dated 02.05.2012 No. 441n, hereinafter referred to as the Procedure). In accordance with the Procedure, medical reports:

Drawn up in any form;

They are issued with a stamp of a medical organization or on the letterhead of a medical organization (if any);

Signed by specialist doctors involved in the issuance of a medical opinion;

Signed by the head of a medical organization;

Certified by the personal seals of specialist doctors;

Certified by the seal of the medical organization.

The employee's application is also registered in the register of incoming documents and endorsed by the head.

Transfer to another job is allowed in accordance with

from st. 72 of the Labor Code of the Russian Federation by agreement of the parties. In this case, an additional agreement to the employment contract is drawn up (Example 5) and an order for the transfer of the employee, which is drawn up in the unified form No. T-5 or in the form approved by the organization (Example 6).

IF AN EMPLOYEE SHOULD BE RELEASED FROM WORK

If an employee applied for a transfer and attached a medical certificate, this does not mean that she is obliged to transfer to any position proposed by the employer, since such an obligation is not provided for in the legislation. Therefore, if the parties have not agreed on which position to transfer the employee, or the employer has no vacant positions, then the employer is obliged to release the employee from work by virtue of part two of Art. 254 of the Labor Code of the Russian Federation while maintaining average earnings (Example 7).

The same should be done if the employee needs to wait for the transfer to another place of work (for example, if the vacancy becomes vacant in the near future).

In any case, it must be assumed that a pregnant worker should not be exposed to the adverse factors indicated in the report. The time off work for a pregnant employee must be correctly reflected in the time sheet. Form No. T-13 is filled out according to the following rules: in the upper lines of column 4, opposite the employee's surname, an alphabetic ( BUT ) or digital ( 34 ) code, and the bottom lines are left blank (Example 8).

WORKING CONDITIONS OF THE WORKER DURING PREGNANCY

Even if a pregnant worker does not have a special medical certificate, she still has the right to apply for certain working conditions. SanPiN 2.2.0.555-96 “Occupational Hygiene. Hygienic requirements for the working conditions of women. Sanitary rules and regulations "(approved by the decree of the State Committee for Sanitary and Epidemiological Supervision of Russia from 28.10.1996 No. 32, hereinafter - SanPiN 2.2.0.555-96) establishes restrictions for pregnant workers, which are mandatory for employers to comply with.

SanPiN 2.2.0.555-96 establishes, in particular, the following requirements for the workplace of a pregnant worker:

It is not allowed to work under conditions of exposure to infrared radiation (clause 4.1.6).

The types of activities associated with wetting clothes and shoes, work in a draft are excluded (clause 4.1.7).

It is forbidden to work in conditions of sudden changes in barometric pressure (clause 4.1.8).

Production operations related to lifting objects above the level of the shoulder girdle, lifting objects of labor from the floor, tilting the body more than 15 degrees should not be performed.

Work without natural light is not allowed (clause 4.1.9).

Works related to the use of video display terminals and personal electronic computers are not allowed (clause 4.1.10).

Constant work while sitting, standing, moving (walking) is excluded (clause 4.2.1).

The workplace of a pregnant woman is equipped with a special swivel chair with a height-adjustable backrest, headrest, lumbar cushion, armrests and a seat (clause 4.2.2).

The working surface of the table must have a cutout in the tabletop for the case, rounded corners (p. 4.2.4).

The work table, production equipment must have legroom of certain dimensions (clause 4.2.5).

PREGNANCY BENEFITS

Let's outline the important points that the employer should remember if a pregnant employee works for him:

An organization cannot terminate an employment contract with a pregnant employee at the initiative of the employer (part one of article 261 of the Labor Code of the Russian Federation), with the exception of dismissal in connection with the liquidation of the organization (clause 1 of part one of article 81 of the Labor Code of the Russian Federation). The procedure for terminating a fixed-term employment contract with a pregnant employee has also been complicated (parts two and three of Article 261 of the Labor Code of the Russian Federation).

The employer cannot engage a pregnant employee to work at night (part five of article 96, part one of article 259 of the Labor Code of the Russian Federation), overtime work (part five of article 99, part one of article 259 of the Labor Code of the Russian Federation), to work on weekends and non-working holidays (part one of article 259 of the Labor Code of the Russian Federation), to the direction of business trips (part one of article 259 of the Labor Code of the Russian Federation).

An employee has the right to take annual paid leave before maternity leave or immediately after it, or at the end of parental leave, regardless of the length of service with the given employer (Article 260 of the Labor Code of the Russian Federation).

If a pregnant employee undergoes the necessary medical examination, the organization is obliged to keep her average earnings for this period (part three of article 254 of the Labor Code of the Russian Federation).

With regard to the last point, employers usually ask women workers to warn them about their planned absence due to medical examination. However, even if the employee did not do this, but brought supporting documents on the passage of such a survey, then the employer has no right to punish the employee. We believe that in order to avoid conflicts, the employee should be asked to fill out an appropriate application (Example 9).

IF THE EMPLOYEE GOES ON PREVENTION AND MAINTENANCE

Regardless of whether a pregnant worker has worked or was released from work, there comes a time when she goes on maternity leave. And here you will have to work hard to draw up all the necessary documents in an appropriate manner.

For registration of maternity leave, an employee's statement and a certificate of incapacity for work are required. It is more convenient if the employee draws up two applications - for the granting of leave in connection with pregnancy and childbirth and for the payment of benefits. A vacation application can be, for example, as in Example 10.

In order for the employer to avoid problems with the FSS in the future, an application for payment of maternity benefits must be drawn up taking into account the requirements set out in clause 6 of the Procedure and conditions for the appointment and payment of state benefits to citizens with children (approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n, as amended on 05/04/2016; hereinafter - the Procedure for the payment of benefits), and contain the following information:

The name of the organization to which the application is submitted;

Surname, name, patronymic of the employee;

Information about the identity document

(type of identity document, series and number of the document, who issued the document, date of issue);

Information about the place of residence, place of stay of the employee;

Benefit type;

Method of receiving benefits: by postal order or transfer to the personal account of a person entitled to receive benefits, opened in a credit institution;

Information about the details of an account opened by a person entitled to receive benefits (Example 11).

Often, such a statement also contains a request to pay a lump sum in accordance with paragraph 19 of the Procedure for the payment of benefits, if the employee is registered with a medical organization in the early stages of pregnancy. This request can also be set out in a separate application following the template above. To confirm the right to payment, the employee must present the appropriate certificate from the medical institution.

In connection with the statements of the employee, the personnel officer (accountant, secretary - this depends on the distribution of responsibilities in the organization) draws up orders for the granting of leave and payment of benefits (Examples 12 and 13).

Since the employee is granted leave, it is necessary to fill out a personal card in the form No. T-2 (Example 14).

You should also not forget about filling out the time sheet throughout the entire maternity leave of the worker (unified form No. T-12 or T-13).

In timesheets, opposite the surname of the worker in the upper lines, we put down the letter ( R) or digital ( 14 ) code, and the lower ones are left blank (Example 15).

QUESTION IN THE TOPIC

A mother and a daughter work in our organization, but in different departments. The daughter is on parental leave to care for her first child under 3 years of age without receiving benefits. The mother of the worker wants to take leave to take care of her grandchild (the second child of her daughter, who was recently born) up to 1.5 years. Is this legal and what documents should a grandmother provide for a vacation?

According to the second part of Art. 256 of the Labor Code of the Russian Federation, parental leave can be used in full or in parts in addition to the mother by other relatives, if they actually take care of the child. We believe that the fact that both the mother and the grandmother of the child work in the same organization should not affect the grandmother's right to receive leave, since she actually takes care of the child.

In our opinion, parental leave for his grandmother should be issued in accordance with the Procedure and conditions for the appointment and payment of state benefits to citizens with children (approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n; as amended on 05/04/2016, hereinafter - the Procedure ). To do this, an employee, in this case a grandmother, must apply for a parental leave for a child up to 3 years old and payment of an allowance for caring for a child up to one and a half years.

She must also provide (clause 54 of the Procedure):

A copy of the child's birth certificate;

Copies of the birth certificate of the first child;

A certificate from the place of work of the second parent (father) stating that the benefit was not assigned there. In this case, in our opinion, a certificate from the place of work of the grandmother and mother will not be required, since the employer has information that these persons did not take leave to care for this child.

Next, you must issue an order on granting the employee parental leave (form No. T-6 or your own form of organization), in which you should indicate the type of leave - "parental leave until he reaches the age of three" and the date of its start and end ...

SUMMARY

1. At the request of the employee, the employer is obliged to establish a part-time regime for her, but payment is made in proportion to the time worked.

2. In the presence of a medical certificate, the employer is obliged to transfer the employee to another job, and in the absence of a suitable vacancy, to release her from work while maintaining the average earnings.

3. Working conditions of a pregnant worker must comply with the requirements of regulations.

4. The employer is also obliged to provide other guarantees and comply with the restrictions established by labor legislation in relation to pregnant workers.

5. In the presence of a certificate of incapacity for work and an employee's application, the employer is obliged to take maternity leave and pay maternity benefits.

The standard waiting period for a couple wishing to get married is one calendar month. This time is allotted to young people, so that they decide whether they really want to fix their relations at the state level. But, when the future spouse is in a position, it is worth hurrying up. In this case, a pregnancy certificate for a registry office is perfect.

Briefly about help

Couples who are already expecting a child at the time of marriage are not uncommon. Sometimes it also happens that the already planned date of the wedding celebration has to be postponed due to the rounded belly and the deteriorating mood of the bride.

When the vital statistics offices need to be rushed, they need to submit a pregnancy certificate of the sample established for the registry office. It is useful to get such a certificate for a pregnant girl, as it can be useful not only in the registry office, but also in other institutions.

Wedding during pregnancy

This document is issued in the antenatal clinic, in which the woman is registered for pregnancy and childbirth.

Important! The first certificate can be obtained after 12 weeks from the date of conception, and you can take it any number of times.

When can I sign

Ordinary newlyweds are scheduled for exactly a month or more, depending on the workload of the Wedding Palace. The presence of help allows you to speed up this process. How quickly they can paint it depends on the duration of the pregnancy.

If the expectant mother has a period of 4-5 weeks or less, then marriage registration can be appointed 1-2 weeks after the submission of documents. If the term exceeds 4 months, then they can schedule it even on the day of application.

Statement

They can paint ahead of time in three cases:

  • The girl is pregnant.
  • There is a danger to the life of the bride or groom - he works in hazardous work or is seriously ill.
  • The birth of a common child.
  • Confirmed business trip to another region or country for a long time.

The simplest is to have a paper certificate of being in an interesting position. In order to be painted earlier on this basis, you need to provide a certificate to the registry office along with other papers.

Attention! In order for the registration of relations to be successful, you should not forget to pay in advance the state fee for changing marital status in the amount of 350 rubles *. The form can be taken at the registry office.

Why you might need help

The state provides for several types of social guarantees that are provided for a pregnant woman. To issue them, you need to go through many bureaucratic barriers and procedures, submit documents and just show up at a certain place at a specified time. In order to be in time everywhere, the girl is issued a certificate, which can be presented in:

  • educational institution for the provision of academic leave or a lightweight form of passing the credit;
  • a place of work to go to light work or get maternity;
  • for the registry office to postpone the formalization of the relationship to an earlier date;
  • for the court in some cases.

Such a certificate can be issued at any stage of pregnancy at the request of the expectant mother and if necessary.

Help form

Separately, they take such a certificate in order to prevent a divorce on the initiative of a man. In this case, the document goes to court and is the basis for prohibiting divorce in accordance with article 17 of the Family Code. Not only in case of pregnancy, but also within a year after the birth of a child, only a woman can apply for divorce. So the state protects young mothers from the fate of being left alone and gives the couple a chance to restore relations.

The court terminates the divorce proceedings at the moment when the woman brings a certificate from the antenatal clinic, which confirms the pregnancy and its term. Regardless of the stage at which the case is at the time of the submission of the document, if a woman does not agree to divorce and is in a position, then until the moment of establishing paternity, a man has no right to divorce her.

The judge will leave the man's application without consideration as soon as the girl's position and her refusal are documented. For newly discovered circumstances, you can cancel the divorce on the basis of the provided paper. In this case, the court reconsiders the decision and makes a new one.

Important! Even if the court does not ask to bring such a certificate, only its presence is a confirmation of the state of pregnancy and the termination of the divorce proceedings.

With all this, the pregnant woman herself can at any time go to the registry office and write an application for divorce. And in the process of divorce, he also has the right to demand alimony for the unborn child and for his own maintenance up to 3 years. A man has the right to challenge such a decision only when he has in his hands documentary evidence that he is not the father of the child.

What the help looks like

A certificate from the antenatal clinic about pregnancy is issued by an obstetrician-gynecologist with whom the woman is registered. The certificate is issued at the first request of the expectant mother and has an established pattern. It should look like half an A4 sheet, on which the clinic is stamped and the data is indicated:

  1. The surname, name and patronymic of the young lady in an interesting position.
  2. The name of the medical institution in full.
  3. Date of birth of the girl.
  4. Pregnancy in weeks.
  5. The date on which the document was issued.
  6. Full name of the doctor, his position and signature.

Completed help

Attention! It is not always possible to take a certificate that will indicate the exact period of pregnancy. Until 12 weeks, specialists often do not conduct an ultrasound examination and cannot say the exact time, therefore, an approximate period is indicated in the certificate. Most often, any period less than 12 weeks, even according to the results of an ultrasound scan, is put down as approximate. In this case, the help remains a document.

Where can I get help?

A pregnant woman can issue such an extract from a personal card not only in a medical institution in which she is registered. This is the main place, but it is not always available. Where else can you get such paper:

  • private clinic;
  • a medical center with the necessary work permits;
  • any medical institution that has the necessary certificates and license to work.

Such a certificate must have all the necessary marks and the seal of the organization. From which of them it will be - at the discretion of future parents.

How to spot counterfeit paper

It is important to obtain this document, which may be suitable as a basis for the location of the requirement. Some private medical centers may issue falsified papers and charge money for it.

How to distinguish a fake and not get scammed:

  • The handwritten text is not clear.
  • Stamps are unreadable or washed out with water.
  • Graphic or text information is incorrectly placed on the form.
  • The form is not sized correctly.
  • The date when the certificate was registered is not specified.
  • Document number not specified.
  • The print is not "live", but printed on a printer.
  • Non-existent data are indicated - the name of the doctor who does not work in the institution, or the incorrect address of the hospital.

The form of the received paper should be standard, with all the marks and seals affixed. Otherwise, it will not be accepted at the place of demand and will have to be done again, only in a different place. This document is for reference only, but with its help you can get benefits, take time off from work in the hospital, or get married ahead of time.

The validity of the certificate is not limited - it is valid from the moment it is issued until the moment the child is born, when the pregnant woman loses her status and gains a new one.

It is important to make sure that the stamp of the polyclinic or other medical institution to which the woman has applied must be stamped. Not printing a document can be critical. Regardless of where it was submitted - if there is no stamp, then the document is recognized as invalid.

Newlyweds

In some cases, the employee can independently verify the authenticity of the certificate by calling the address where the hospital is located and asking to connect him with the woman's attending physician. If the data is confirmed to him, then the paper can be accepted. But this is not an obligation of the employee - he may not call anywhere, but send a redo certificate.

It is not difficult to get a pregnancy certificate for the registry office - it is enough to be pregnant and go to the LCD or a private clinic where there is an ultrasound machine. After it is carried out, the doctor can set the approximate gestational age and sign a certificate at the place of demand. Receiving it guarantees the acceleration of the wedding ceremony, depending on how many weeks the woman has. With a long term, they can schedule it on the same day, with a short one, you will have to wait one to two weeks.

* Prices are valid for August 2018

Maria Sokolova

Reading time: 6 minutes

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It is no secret that in our country the rights of pregnant women are violated quite often. They do not want to hire them, and for those who work, the bosses sometimes arrange unbearable working conditions that the woman is simply forced to quit. To prevent this from happening to you, you need to know the rights of pregnant women at work. This is what we will talk about in this article.

When do I need to bring a pregnancy certificate to work?

Having learned about her interesting position, a woman feels incredibly happy, which cannot be said about her leader. And this is understandable. He does not want to lose an experienced worker, he is already mentally calculating his "losses".

In general, managers, especially men, think only about strict calculations (schedules, plans and possible ways of making a profit).

Therefore, do not waste time, if possible - inform management about your new position as early as possible , while providing the appropriate document confirming your pregnancy. Such a document is certificate from the clinic or antenatal clinic where you are registered.

Help is required officially register with the HR department , it should be assigned an appropriate number.

To further protect yourself, do copy of the certificate , and ask it to sign the manager and mark the personnel department about its acceptance. So your management will not be able to claim that they knew nothing about your pregnancy.

Do they have the right to fire, lay off an expectant mother?

According to the labor legislation of the Russian Federation, a pregnant woman at the initiative of the head cannot be laid off or fired from work... Even for gross violation of articles: unfair performance of duties, truancy, etc. The only exception is the complete liquidation of your company.

But even in the event of the liquidation of the enterprise, if you immediately contact the labor exchange, then the experience will be continuous, and you will be charged monetary compensation.

Another situation may also arise: a woman works on the basis of a fixed-term employment contract, and its effect ends during her pregnancy. In this case, the law in article 261 of the TKRF on the rights of pregnant women says that a woman can write a statement in the name of the leadership with a request extend the term of the contract until the end of the pregnancy.

This article protects a pregnant woman from losing her job, and gives her the opportunity to safely bear and give birth to a baby.

Not only the Labor Code protects the rights of pregnant women, but also the Criminal Code. For example, Art. 145 provides for the "punishment" of employers who allowed themselves to refuse employment or fire a woman , which is in position. According to the law, they are subject to a monetary fine or community service.

In the event that you were nevertheless fired (excluding drunkenness, theft and other illegal acts), you, having collected all the necessary documents (copies of an employment contract, a dismissal order and a work book), you can go to court or the Labor Inspectorate... And then your legal rights will be restored. The main thing is not to delay this issue.

Labor Code on the Rights of Pregnant Women

If you are in a “position” or have a child under the age of 1.5 years, then the labor code not only protects your labor rights, but also provides some benefits.

So, Articles 254, 255 and 259 of the TKRF guarantee that, according to a medical report and a personal statement, a pregnant woman must:

  • Reduce the rate service and production rate;
  • Transfer to a position that excludes the influence of harmful production factors , but at the same time her average salary remains. Before the transfer of a pregnant woman to a new position, she should be released from her work duties with the preservation of her salary;
  • Pay for working hours that were spent on treatment and medical care ;
  • A woman in a "position" is entitled to maternity leave.

In addition, a pregnant woman certain types of employment are prohibited :

  • You can not lift and carry weights more than 5kg;
  • Work associated with continuous standing, frequent bending and stretching, as well as work on stairs;
  • Work on weekends, night shifts, as well as overtime work, business trips;
  • Work related to radioactive substances and poisons;
  • Transport-related work (conductor, stewardess, driver, controller);
  • Some activities (for example, a pregnant woman suffering from toxicosis will not be able to work as a cook).

If you want to exercise your right and switch to light work that excludes the influence of harmful factors, you need to write statement and provide a doctor's note... This translation should not fit into the work book, since it is temporary.

In addition, if a woman feels that it is difficult for her to work an eight-hour working day, you can switch to part-time work. This right guarantees her Art. 95 Labor Code.

The Labor Code protects as much as possible the rights of working pregnant women. But there are times when the employer tries by any means to violate the rights of women in a position.

If it did not work out to solve the problem peacefully, you need to apply with a statement and all medical certificates to Inspectorate for labor protection.