What benefits do pregnant women have at work? Dismissal of a pregnant woman

For every woman, pregnancy is a special condition during which she needs not only the help of loved ones, but also government support. The law prohibits dismissing pregnant women from work and protects their labor rights. Additionally, a number of benefits are provided.

Who is entitled to

The following have the right to receive social benefits at work:

1. Officially employed women.
2. Women in early pregnancy, with a certificate from the antenatal clinic.
3. Pregnant women in the last trimester.
4. Women after childbirth.

All types of benefits available to pregnant women who have an official workplace become available only after receiving a certificate from a doctor confirming pregnancy and indicating the due date.

What benefits does a pregnant woman have at work?

According to the law, working women during pregnancy can receive:

1. Financial support in the form of benefits - according to Federal Law No. 81.
2. Order of the Ministry of Health No. 662 – free medical care and medications;
3. Various types of labor benefits - according to the Labor Code of the Russian Federation.
4. Social benefits, the list of which is established by regional legislation.

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According to the Labor Code, working women who are in a “situation” are entitled to the following types of benefits and social assistance:

1. Reinstatement of an employee if she was fired while she was pregnant, but the employer did not know about it.
2. Protection of the workplace during the entire period of pregnancy and birth of a child. According to the Labor Code of the Russian Federation, an employer does not have the right to fire a pregnant woman until she returns from maternity leave.
3. Before going on maternity leave, annual leave is granted if it has not been taken off.
4. It is possible to transfer to lighter work that does not involve carrying heavy objects.
5. Pregnant women hired are not tested.
6. Payment is made for the doctor's time if the appointment was scheduled during working hours.
7. Pregnant women work part-time or a week.
8. They are not required to work on weekends and holidays, and do not go on business trips.
9. The average earnings are maintained during the period when a woman performs easier work.
10. Maternity leave is assigned and is paid.

Additionally, a pregnant woman can receive the following types of social benefits:

The nature of receiving all benefits and allowances is declarative. An employer can issue salary transfers for a pregnant employee only after she provides a certificate from the antenatal clinic and has worked for the required period of time.

How to use

A pregnant woman can count on benefits if she has a certificate from a doctor at the antenatal clinic.

Almost all benefits enshrined at the legislative level are issued in medical institutions. So, in order to receive financial support, a pregnant woman must go on sick leave.

Free medicines can only be given out in city clinics. If a woman goes to a private clinic, she is not provided with benefits; this must be taken into account.

Benefits are granted only with a doctor's certificate issued by a city medical institution. Pregnant women registered with the city council have the right to all types of benefits.

Doctors do not inform women about benefits; you need to find out about them yourself, after which you submit an application for registration.

In order to take advantage of the benefits, an employed pregnant woman must take the following actions:

1. Register with the antenatal clinic.
2. Obtain a certificate indicating the duration of pregnancy and provide it to the employer.
3. Ask your doctor what medications can be provided free of charge. If the doctor refuses, you can submit a written request to the chief physician or to the regional health department.
4. Documents are being drawn up to receive benefits.
5. When a certain moment comes - going on vacation, the birth of a child, the benefit will be paid.

In some organizations, pregnant employees are entitled to free meals. This type of benefit is issued after providing a certificate from a medical institution to the employer.

After a woman provides a certificate of registration to work, she will be paid a lump sum benefit, provided that the pregnancy is less than 12 weeks.

You can present this document immediately or before going on maternity leave. Unemployed women may not count on this benefit.

What documents will be needed

When applying for benefits, the employer will first of all require a certificate of registration at the antenatal clinic.

In order to receive it, a woman must contact her doctor and bring the following documents:

1. Passport of a citizen of the Russian Federation.
2. Compulsory health insurance policy.

Benefits are issued regardless of the woman’s length of service in the workplace.

In order to reduce the workload and move to performing work duties in an easier mode, you need to provide the employer with the following documents:

1. A certificate issued by the antenatal clinic confirming pregnancy and registration.
2. A certificate indicating from a doctor which work schedule is best suited for a pregnant woman, taking into account the characteristics of her health.

After the child is born and the certificate has been issued, the document must be taken to work, after which an application for a one-time maternity benefit is drawn up.

The document must contain the following information:

1. Addressee – name of the organization and full name of the head of the department.
2. Information about the employee – personal data.
3. Date of birth of the child, his full name.

If the child's parents are divorced, a corresponding note is made.

In addition to the application, a marriage registration certificate and a certificate from the other spouse’s place of work are attached, which indicates that the benefit has not been issued previously.

It is very important to correctly indicate all the data so that if an error is discovered, the state does not demand the return of the funds received if it turns out that the woman was not entitled to receive them.

The employer may request additional documents if he does not have the necessary information to transfer to the government organization.

The pregnancy of one of the employees causes quite natural concern for the employer.

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The establishment of this fact means that a woman has new rights, and the head of the organization, accordingly, has new responsibilities. And failure to comply risks liability.

Let's look at how to avoid conflict in such a situation.

What does the law say?

Even a normal pregnancy is associated with changes in health status, such as increased fatigue or instability of well-being.

Besides. Many types of work, especially those associated with physical activity, can lead to dire consequences. Therefore, the legislator introduces a number of special rules regulating the work of pregnant women.

This is done to preserve their health, and not to complicate the life of the employer.

Normative base

The main document regulating relations in the field of hired labor is the Labor Code. Most of the rules establishing the rights and guarantees of pregnant workers are contained in it.

The provisions of this law apply throughout the country and for any employers, including individual entrepreneurs.

As for women working in municipal or public service positions, in law enforcement agencies, etc., their legal status is determined primarily by special laws. The Labor Code applies only in strictly defined cases.

Rights and guarantees

The Labor Code of the Russian Federation establishes a number of rights and guarantees for pregnant women:

• inadmissibility due to pregnancy;
• provision of paid;
• ban on ;
• Possibility of use outside of schedule;
• reduced work schedule;
• translation into “light work”, etc.

For pregnant women, according to the labor code, it is established at their request. This is a right that a woman can exercise. Or don't use it. The employer cannot force her to transfer to another regime.

The decision is made voluntarily by the woman. If she decides that a 40-hour week of work will not cause harm to her health, then she continues to work as usual until she goes on her due vacation.

The transition to such reduced working hours does not affect the provision of regular leave.

Its terms, duration and calculation of payment do not change. Moreover, a pregnant woman can use her leave outside the schedule by adding it to her maternity leave.

Employer Responsibilities

But the law obliged the employer, based on the written desire of the pregnant employee, to review the duration of her working hours (Article 93 of the Labor Code).

The employer has no right to refuse transfer to part-time work. Even if this means revising the work schedule of the entire team. However, you can always find a reasonable compromise that will suit both parties.

It is also the employer’s responsibility to review the pregnant woman’s schedule.

The legislator prohibits engaging her in work:

• on night shifts (Article 96 of the Labor Code);
• on weekends and holidays (Article 112 of the Labor Code);
• overtime (Article 99 of the Labor Code);
• on shifts (Article 298 of the Labor Code).

Working hours for pregnant women according to the Labor Code

If a pregnant woman wishes to exercise her right to have her working hours reduced, she applies to her employer.

She can do this at any time. The length of pregnancy or the woman’s work experience in the organization does not play any role.

Part-time work can be negotiated immediately when a woman in this position is hired. You can also return to your normal schedule at any time.

Application example:

Visiting a doctor at the antenatal clinic

Registration and receipt of a pregnancy certificate imposes an obligation on the woman to undergo periodic medical examinations.

The working hours of medical institutions, as a rule, coincide with the working hours of most organizations and enterprises. This means that you have to undergo medical examination during working hours.

To ensure that a woman does not lose her earnings and does not refuse medical research on this basis, the legislator has provided a number of measures, namely, maintaining the woman’s average earnings during the medical examination.

In addition, her absence from work is not considered as . Even if she didn't warn the employer. It is enough to take a certificate from the clinic and provide it to the manager after visiting the doctor.

Time standards and reduction of its duration

Reducing working hours due to pregnancy is possible in the following ways:

For example, manager Tarelkina’s working day is reduced from 8 hours to 6.5, and cleaner Chashkina is offered to work 4 instead of 5 working days.

Establishment of part-time work

The procedure for establishing part-time work for a pregnant woman will be as follows:

1. Get a certificate about your condition from the antenatal clinic.
2. Write an application addressed to the head of the organization. In it, indicate exactly how you would like to reduce working hours: shorten the day or get an additional day off. The duration of such a regime is also indicated. This can be either all the time before maternity leave or a shorter period of time.
3. Submit the application and certificate to the personnel service. It would be a good idea to write the application in two copies. This will help if a controversial situation arises.
4. Read the order establishing a part-time day and sign it.
5. Sign the supplementary agreement to the employment contract and keep one copy.

If the employer refuses to change the working hours, the woman can protect her rights by filing a complaint with the labor inspectorate. To do this, you will need a second copy of the application and a certificate of pregnancy.

Documentation

To apply for part-time work, a woman only needs one document - a medical certificate. Its absence gives grounds to consider absence from work as absenteeism and to impose a disciplinary sanction.

The employer, having received the application and certificate, issues an order establishing part-time work, and then draws up, since such a regime entails a change in pay.

Example of an additional agreement:

Payment nuances

Part-time working hours, in contrast to shortened ones, also imply a proportional reduction in pay (Part 2 of Article 93 of the Labor Code). The law does not oblige the employer to retain the same earnings for an employee who works less.

Every woman becomes happy when she finds out about pregnancy. But in order to report the good news to the employer of the company where she is employed, she will need more courage and determination.

The director may be dissatisfied for the following reasons:

• He doesn’t want to let an experienced employee go on maternity leave;
• He will suffer losses;
• He was used to planning for the future, making charts and other financial plans, and the situation of a pregnant woman was not part of his plans.

In order for the employer to treat the news of a pregnant woman well, it is better to notify him about it in a timely manner. Negotiations are conducted in person; a medical certificate from a doctor is provided, which proves the fact of pregnancy.

To learn about the rights and responsibilities of women who are in a situation at the time of official employment, you need to familiarize yourself with the laws of the Russian Federation.

In accordance with the adopted provisions of the legislation, the Government of the Russian Federation provides expectant mothers with the necessary conditions to protect their health. However, pregnancy does not mean a serious illness, so you will still have to work.

Working conditions for pregnant women were approved by the Russian Ministry of Health in 1993. In particular, the rights and prohibitions for pregnant women in the workplace are presented in Articles 259 and 298 of the Labor Code of the Russian Federation and other provisions of the law.

Expectant pregnant women are prohibited from:

• Be in a noisy office or in a damp production area;
• Work with objects that emit ionizing radiation (for example, printers and old monitors);
• Work standing all day or carry heavy objects;
• Work on weekends, holidays, and at night.

Another necessary condition for a pregnant woman is the creation of the correct operating mode in accordance with the Labor Code of the Russian Federation.

The decision of the Plenum of the Supreme Court in 2014 states that pregnant women can work in the following work modes:

• Part-time work day or shift;
• Variable full-time/part-time working hours;
• Full time with reduced work week.

Benefits for pregnant women from the state

Article 64 of the Labor Code lists employment benefits for a pregnant woman. According to the law, no one has the right to refuse to provide her with a job, otherwise the employer will be brought to administrative liability or criminal prosecution.

The government cares about the health of a pregnant woman and child, therefore it is forbidden for expectant mothers to take jobs with harmful working conditions.

Changes in the law for pregnant women

Changes were made to the chapter on the provision of maternity leave (Article 122 of the Labor Code of the Russian Federation):

• The circle of persons who have the right to receive maternity leave has been expanded. Foreign residents and close relatives are now also entitled to maternity benefits;
• The amount of the benefit was increased, the maximum amount of payments is 755 thousand rubles.

Each region of the Russian Federation calculates maternity benefits according to formulas that were adopted in accordance with the laws of the Russian Federation. Therefore, the amount of the cash payment may differ significantly from the maximum allowable amount.

Changes have also been made to the chapter on providing leave for a wedding. Details

What are the benefits at work?

As stated, maternity benefits are paid to the insured woman. The amount of monetary compensation depends on her average earnings.

Payments and benefits for pregnancy and childbirth from the 30th week of pregnancy:

• The lump sum for expectant mothers who are registered is 613 rubles;
• Additional regional benefits - about 600 rubles;
• A lump sum for the birth of a child is 16,350 rubles;
• At the birth of the second and subsequent child - a certificate for maternity capital. Its amount is 454,026 rubles;
• Large families are provided with benefits and allowances. For the third and subsequent children, an additional benefit is paid until the child turns three years old.

Salary r. / Col. k.d

• Salary r. — earnings in the billing period;
• Col. k.d . — the number of calendar days in the billing period.

The following periods are not included in the calculation of the amount of maternity benefit:

• Temporary disability;
• Holiday to care for the child;
• Maternity leave;
• Temporary dismissal from position with partial or full retention of salary.

If a woman works part-time or a week, a similar calculation procedure is provided.

When can you go on maternity leave?

The deadline for filing an application for maternity leave is regulated by Federal Law No. 197 (Labor Code of the Russian Federation). According to the provisions of the law, a woman can go on maternity leave at the 30th week of pregnancy, that is, 70 days before the expected date of birth. The period is determined by the gynecologist after the examination.

However, having determined her well-being, a pregnant woman can go on paid leave both after the period prescribed by law and before it. The employer submits an application for the need to provide leave indicating the starting date.

According to Article 257 of the Federal Law, the duration of leave after childbirth cannot be increased by the number of days that the pregnant woman did not take advantage of before the birth of the baby.

Can a pregnant woman be fired?

A pregnant woman cannot be fired on all the grounds that are provided for by law for an ordinary employee. For example, if a division of an organization is liquidated, it must be transferred to another branch of the institution. The transfer should not affect your salary. Despite this, many employees in this position, without understanding the intricacies of the law, obediently sign dismissal documents.

The law and probationary period rules are designed to determine whether a newly hired employee is valuable to the employer. These rules also do not apply to expectant mothers. An employer will not be able to fire a pregnant woman, even if she has not completed the probationary period and does not meet the professional or personal qualities of the employee for this position.

The Labor Code prohibits denying employment to women in this position. The rights of pregnant women at work are also protected. In particular, the law does not allow establishing a probationary period for them when hiring, dismissing them at the initiative of the employer, except in cases specified in the law, and provides for a number of other benefits.

Rights and benefits of pregnant women during employment

Article 64 of the Labor Code of the Russian Federation regulates the rules for concluding an employment contract, prohibiting restricting a person’s right to get a job based on any criteria, including due to the presence of pregnancy or small children, except for business qualities.

The Labor Code protects expectant mothers and provides them with a number of benefits when hiring. In accordance with Article 70 of the Labor Code of the Russian Federation, pregnant women must be employed without a probationary period.

When hiring a woman, the employer does not have the right to refuse her employment if she is pregnant. Also, he should not be interested in whether she is pregnant at the time of employment. It is possible for an expectant mother not to be hired if her level of qualifications is insufficient or does not meet the requirements for the job for which the pregnant woman is applying.

If a woman understands that she is being refused on a far-fetched pretext, she has the right to ask for the refusal to be formalized in writing. You can subsequently contact the labor inspectorate or court and prove that there was bias on the part of the employer and an unreasonable refusal of employment.

In practice, this is not so easy to do. Employers, aware of the legal requirements, try to circumvent them in order to avoid penalties. Therefore, do not just ask for a written refusal, but put your request on paper and register it with the director’s secretary as expected, with an assigned number and registration in the appeals log.

Rights of pregnant women at work

The rights of a pregnant woman at work are protected by the Labor Code. She cannot be fired even under Article 81 of the Labor Code of the Russian Federation for violating labor regulations, absenteeism or other violation.

The rights and benefits of a pregnant woman at work are discussed in the following video

Benefits for working expectant mothers

According to the law, a working woman, preparing to become a mother, can take advantage of benefits specially provided by law. Not all women know the law well, and employers often take advantage of this. In order not to lose your privileges, you need to remember the following:

Transfer to another position

If a pregnant woman cannot perform her previous duties, the employer must offer her another job. According to Part 3 of Art. 261 of the Labor Code of the Russian Federation, this can be not only a job that corresponds to the qualifications of the worker, but also a lower-paid and lower-ranking position, as well as all vacancies that are suitable for the woman for health reasons and are located in the area.

1. The pregnant woman should be given light work. The expectant mother has the right to ask for a transfer to light work. This is done in application form. A medical certificate confirming the need for transfer can be attached to the application. It is issued by a antenatal clinic doctor. It indicates which specific works are contraindicated. For example, lifting weights, working in rooms with high humidity, etc. If a woman is transferred to light work, she retains the average earnings that she had in her previous position.
   A pregnant woman has the right to switch to. The manager determines how many hours her working day will last. Payment must be made for actual time worked.
2. A pregnant woman is exempt from work on weekends, holidays, and days. She should not be asked to work at night or overtime.
3. A pregnant woman has the right to take annual work leave or after it. Every employee has the right to receive paid leave once a year. You can take it after working for at least 6 months. This rule does not apply to expectant mothers. As regulated by the Labor Code of the Russian Federation, pregnant women can take annual paid leave after working any amount of time. A pregnant woman cannot be called back to work from vacation early.
4. A pregnant woman cannot work on a rotational basis. The 2020 Labor Code of the Russian Federation for pregnant women, in Article 298, limited the possibility of working away from their permanent place of residence.
5. A pregnant woman has the right to leave work to see a doctor for regular checkups. If the pregnancy is multiple or the gestation is complicated by various problems, systematic examinations, tests, etc. may be required. The woman must be released from work for the duration of the visit to the clinic, while maintaining her salary.
   After the expectant mother receives a certificate confirming her condition from the medical institution and registers it with the personnel department, she is required to allocate time to visit the doctor as needed.
6. A pregnant woman should receive additional breaks during work. She also cannot be transferred to another job without consent, unless it is a transfer to light work.
7. A pregnant woman has the right to receive paid maternity leave. In a normal case and a normal pregnancy, a woman has the right to write an application for paid leave under the BiR for a period of 30 weeks. If there is a multiple pregnancy, the law allows you to take 28 weeks off. If a woman lives in areas that have environmentally unfavorable status, she is allowed to take 27 weeks of leave under the BiR. Thus, depending on the circumstances, the duration of leave under the BiR can be 140, 156, 160 or 194 days. If the birth was complicated, another 16 days will be added to the 140-day sick leave. It will be issued by a doctor at the maternity hospital.

In addition to the pregnant woman, her husband also has benefits. At his request, the employer is obliged to provide him with annual leave while his wife is on maternity leave. Moreover, it does not matter what length of continuous work experience he has at this enterprise.

Birth and labor leave is granted on application. Let us tell you in more detail what this means and what it is needed for. Having written an application for leave according to the BiR, and attaching a sick leave certificate to it (Article 255 of the Labor Code of the Russian Federation), the expectant mother hands these documents to her employer (when the employer should inform about pregnancy, read). The calculation of vacation pay begins. And here it may turn out that it is not profitable for a pregnant woman to go on vacation, because she will lose in salary. The fact is that women receive all maternity payments at their place of work, but the Social Insurance Fund allocates funds for their payment to the employer. The Fund's capabilities are not unlimited, therefore, when calculating the amount, the value of the basic marginal income was introduced. The amount of vacation pay under the BiR depends on the average daily earnings of the maternity leaver for the 2 years preceding the year of going on maternity leave.

When the average daily earnings are calculated, they must be compared with the value of the maximum average earnings for the current year adopted by the legislator. If a woman’s earnings exceed the value established by law, the basic one is taken to calculate the benefit.

You can watch this video about calculating the allowance for BiR

This is why it is not profitable for some expectant mothers whose income is above the basic value established by law to go on maternity leave for a long time. The law provides for the possibility of such situations. Therefore, going on leave for employment and labor regulations is a voluntary matter for the employee herself.

She has the right to continue working until the day of birth and take only the postpartum part of the leave. The next stage, registration of parental leave for a child up to 3 years old, may also not be used by the young mother. She has the right to go to work, and her father, grandmother or other working relatives can take leave to care for a newborn. Find material on applying for maternity leave for your husband at the link.

The expectant mother needs to remember what rights a pregnant woman has at work, whether she is entitled to benefits under the law, and in case of misunderstanding or unreasonable actions of the manager, refer to the article of the Labor Code.

If the pregnant woman’s demands are legal and she knows all her benefits and rights, the employer will not break the law. Failure to comply with the rules threatens him with serious sanctions (Article 145 of the Criminal Code of the Russian Federation).

Rights of a pregnant woman upon dismissal

Additionally

If the rights of a pregnant woman have been violated, it is necessary to defend them, relying on the law. There are several ways to do this. First, you need to write a statement addressed to the manager with reference to the articles of the law and a requirement to comply with them. If this does not work, then you should write a complaint to the State Labor Safety Inspectorate and (or) the prosecutor's office. The last resort would be to go to court, but no later than 3 months from the date of violation of rights.

A pregnant woman cannot be fired at the initiative of the employer. Trying to circumvent the law prohibiting dismissal and inventing some kind of violation or finding fault with the employee and accusing her of poor quality work is also impossible. Article 81 of the Labor Code of the Russian Federation, regulating the dismissal of workers for disciplinary violations, prohibits the dismissal of pregnant women, no matter what offense they have committed.

A pregnant woman can only be fired if the organization is liquidated and the individual entrepreneur is closed. More information about the dismissal of a maternity leaver during the liquidation of an enterprise -.

The Labor Code of 2020 establishes certain rules for dismissal for pregnant women at the initiative of the employer. This can only be done upon liquidation of an enterprise where a woman works. Upon dismissal, she will receive a salary for the time actually worked, compensation for unused vacation, unemployment benefits and maternity benefits from the Social Insurance Fund or the Social Security Administration.

You can also fire the expectant mother:

• if her work takes place in difficult conditions and transfer to light work within the framework of this organization is impossible;
• by agreement of the parties;
• at your own request.

In a controversial situation, remind the employer of the articles of the Labor Code of the Russian Federation for pregnant women, giving them rights and benefits:

1. Art. 64 of the Labor Code of the Russian Federation guarantees the expectant mother the conclusion of an employment contract.
2. Art. 70 of the Labor Code of the Russian Federation prohibits testing a pregnant woman in order to verify her suitability for the job received.
3. Art. 255 of the Labor Code of the Russian Federation speaks of providing leave for the BiR of at least 140 days.
4. Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women.

You can ask questions about the rights of pregnant women at work in the comments to the article.

The Plenum of the Supreme Court of the Russian Federation, in Resolution No. 1 of January 28, 2014, clarified a number of issues regulating the peculiarities of the work of women, persons with family responsibilities and minors. The explanations are given taking into account the practice and questions that arise in courts when considering labor disputes on similar topics. The clarifications of the Plenum of the Supreme Court of the Russian Federation will ensure uniform application of labor legislation by courts and put an end to long-standing disputes between employees and employers.

1. If the employer did not know about the employee’s pregnancy and filed a dismissal in a situation where, by law, termination of a contract with pregnant women is prohibited, then the subsequent request from the employee for reinstatement at work must be satisfied
Reason: Clause 25 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

2. An employment contract, the end of which occurred during the employee’s pregnancy, generally needs to be extended until the end of the pregnancy. Moreover, in the event of the birth of a child, the need for dismissal is indicated not within a week after the child’s birthday, but on the last day of maternity leave
Reason: Clause 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

3. The employment test is not imposed on pregnant women, women with children under 1.5 years of age, as well as persons under 18 years of age. This rule also applies to other persons raising children under 1.5 years of age without a mother.

If such employees were given a test, then termination of an employment contract with them based on the results of the test is unlawful
Reason: Clause 9 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

Guarantees when concluding an employment contract

In Art. Art. 64 and 70 of the Labor Code stipulate the guarantees provided to pregnant women when concluding an employment contract. So, it is prohibited:
- refuse to hire a woman for reasons related to her pregnancy (Part 3 of Article 64 of the Labor Code of the Russian Federation);
- establish a probationary period when hiring for pregnant women (Article 70 of the Labor Code of the Russian Federation).

Labor Relations

So, an employment contract has been concluded with the employee. Let's consider what guarantees and benefits pregnant employees are entitled to within the framework of labor relations.

Part-time work

Pregnant women may be assigned a part-time work schedule.
In fact, work modes can be as follows:

• part-time (shift). When an employee is assigned a part-time working day (shift), the number of hours of work per day (per shift) accepted for this category of workers is reduced;

• part-time work week. When an employee is assigned a part-time working week, the number of working days is reduced compared to the working week established for this category of employees. At the same time, the length of the working day (shift) remains normal;

• combination of part-time working hours. Labor legislation allows a combination of part-time work and part-time work. At the same time, the number of hours of work per day (per shift) established for this category of workers is reduced, while simultaneously reducing the number of working days per week.

Pregnant women can apply to the employer with a request to establish a part-time working day (shift) or a part-time working week both upon hiring and subsequently. The employer is obliged to satisfy such a request (Part 1 of Article 93 of the Labor Code of the Russian Federation). Part-time working hours can be established either without a time limit or for any period convenient for employees.

Special working conditions for pregnant women

With regard to pregnant women, the Labor Code establishes a number of rules prohibiting their employment:

• to work at night and to overtime work (part 5 of article 96, part 5 of article 99 and part 1 of article 259 of the Labor Code of the Russian Federation);

• work on weekends and non-working holidays (Part 1 of Article 259 of the Labor Code of the Russian Federation);

• work on a rotational basis (Article 298 of the Labor Code of the Russian Federation).

If a woman is pregnant, the employer does not have the right to send her on business trips (Part 1 of Article 259 of the Labor Code of the Russian Federation).

Transfer to light work

Pregnant employees, based on a medical report and at their request, should have production standards and service standards reduced, or they should be transferred to another job that excludes exposure to adverse production factors (Part 1 of Article 254 of the Labor Code of the Russian Federation).

Guarantee of maintaining average earnings

The Labor Code establishes several cases in which a pregnant employee retains her average salary:

• a period during which a pregnant woman performs lighter work. This time is paid based on the employee’s average earnings in her previous job (Part 1 of Article 254 and Article 139 of the Labor Code of the Russian Federation);

• the period during which an employee is removed from work due to harmful effects until she is provided with suitable work. Working days missed as a result of this are paid based on the average earnings at the previous job (Part 2 of Article 254 of the Labor Code of the Russian Federation);

• the period of her undergoing mandatory medical examination in a medical institution (Part 3 of Article 254 of the Labor Code of the Russian Federation).

Note. Is it necessary to confirm the completion of a medical examination? The Labor Code does not impose on a woman the obligation to provide the employer with any documents confirming the completion of a medical examination. Nevertheless, it is advisable to warn the employee in writing (referring to the norm of Part 3 of Article 254 of the Labor Code of the Russian Federation) about his absence from the workplace for this reason, so that it is not regarded as absenteeism and during this time the average earnings are maintained.

Providing maternity leave

Maternity leave is a special type of leave. It is provided on the basis of an application and a certificate of incapacity for work (Part 1 of Article 255 of the Labor Code of the Russian Federation). For calendar days of maternity leave, the employer assigns an appropriate benefit. The period a woman is on maternity leave is taken into account when calculating the length of service that gives the right to annual paid leave (Part 1 of Article 121 of the Labor Code of the Russian Federation).

Guarantees when granting the next vacation

As a general rule, the right to use vacation for the first year of work arises for an employee after six months of continuous work with a given employer (Part 2 of Article 122 of the Labor Code of the Russian Federation). However, for certain categories of workers, the Labor Code provides an exception to the general rule. Thus, regardless of the length of service with a given employer (even before the expiration of six months from the start of continuous work in the organization), paid leave at the request of the employee must be provided:

• women before or immediately after maternity leave or at the end of parental leave (Part 3 of Article 122 and Article 260 of the Labor Code of the Russian Federation). The employee determines the date of going on annual paid leave independently. As a rule, annual leave turns into maternity leave. In addition, it is prohibited to recall a pregnant employee from annual main and additional leave (Part 3 of Article 125 of the Labor Code of the Russian Federation) and to replace these leaves or parts thereof with monetary compensation (Part 3 of Article 126 of the Labor Code of the Russian Federation);

• to the husband while his wife is on maternity leave (Part 4 of Article 123 of the Labor Code of the Russian Federation).

At the same time, annual paid leave for this category of persons is provided at a time convenient for them, regardless of the vacation schedule. The minimum duration of annual basic paid leave is currently 28 calendar days (Part 1 of Article 115 of the Labor Code of the Russian Federation).

Prohibition on dismissal at the initiative of the employer

The Labor Code prohibits the dismissal of pregnant women at the initiative of the employer (except in cases of liquidation of the organization or termination of activities by an individual entrepreneur) (Part 1 of Article 261 of the Labor Code of the Russian Federation).
However, there are options for terminating the employment relationship with a pregnant employee. For example, if a pregnant employee works under a fixed-term employment contract.

Dismissal is not permitted if...

During the period of validity of a fixed-term employment contract, a pregnant employee will write an application to extend the term of the employment contract until the end of pregnancy and submit a corresponding medical certificate; the employer is obliged to satisfy the woman’s request (Part 2 of Article 261 of the Labor Code of the Russian Federation). In this case, the employee, at the request of the employer, must provide a medical certificate confirming pregnancy, but not more than once every three months. A change in the terms of the employment contract must be fixed in an additional agreement.

Please note: the moment of concluding a fixed-term employment contract (before or after pregnancy) does not matter for extending the validity of this contract.

If a woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day the employer learned or should have learned about the end of the pregnancy.

On a note. The actual end of pregnancy should be understood as the birth of a child, as well as artificial termination (abortion) or miscarriage (miscarriage).

Maternity leave and benefits. During the period of validity of the employment contract, a pregnant employee can take maternity leave. In this case, the corresponding benefit must be paid to her in full for all calendar days of maternity leave (Article 255 of the Labor Code of the Russian Federation)

Dismissal is possible if (Part 3 of Article 261 of the Labor Code of the Russian Federation) ...

• A fixed-term employment contract was concluded with her for the duration of the duties of the absent employee. In this case, the dismissal of a pregnant employee is allowed due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation);

• the organization does not have work that a pregnant employee can perform, or she refused the proposed work options (clause 8, part 1, article 77 of the Labor Code of the Russian Federation).

What kind of work should an employer offer a woman?

According to Part 3 of Art. 261 Labor Code of the Russian Federation:

• not only the job or vacant position that corresponds to her qualifications, but also a lower position or lower paid job;

• all available vacancies that meet health requirements;

• vacancies and jobs available to the employer in the area. Vacancies and work available in other localities must be offered in cases where this is provided for in the collective agreement, agreements or employment contract.

If the woman agrees to the transfer, some conditions, such as place of work, position or term of the employment contract, are changed by concluding an additional agreement to the employment contract.