What should an employer provide to a pregnant woman? Special working conditions. What payments and compensations are due to a working pregnant woman?

28.09.2019 alternative energy

How can you safely finish your maternity leave without harming your health?

Tip 1. Make sure you have no contraindications for working during pregnancy

This issue needs to be resolved with the doctor monitoring your pregnancy. It is important to understand that pregnancy is associated with powerful hormonal changes in the body, increased stress on everything functional systems body of the expectant mother, which can cause decompensation or exacerbation chronic diseases. These conditions often require a woman to stop working for a period of time. Possibility of renewal labor activity Without a threat to the health and life of the mother and baby, only the attending doctor can determine.

There are a number of complications associated with the course of pregnancy, when working for pregnant women is contraindicated: there is a threat of miscarriage, especially; severe gestosis - complications of pregnancy associated with a serious threat to the health and life of the woman and baby; placenta previa with complete or partial occlusion of the area of ​​the exit from the uterus, which is fraught with the development of dangerous bleeding. In the presence of the listed problems, hospitalization is often required, but even if it is possible to stay at home rather than in a hospital, the woman is given sick leave, freeing her from work.

Tip 2. Avoid harmful working conditions during pregnancy

If the expectant mother decides to continue working during pregnancy, then it is necessary to ensure that the working conditions do not harm her health and do not threaten the successful course of the pregnancy.

Harmful working conditions: radiation, x-rays, contact with chemicals, heavy physical labor, heavy lifting, night shifts, work in hazardous conditions- all this is by no means a favorable background for the normal bearing of a child. According to the labor legislation of the Russian Federation, using the labor of working pregnant women under the listed conditions is strictly prohibited. Therefore, a working expectant mother must be transferred to another job where the impact harmful factors excluded. At the same time, the average salary of a woman remains at the same level.

In addition, the employer does not have the right to send the expectant mother on business trips.

However, there are a number of very hazardous phenomena, to which labor Code does not apply: constant stress and emergency work, conflict environment, irregular work schedule with constant overtime that is not recorded anywhere. If this resembles your working conditions and it is not possible to change them, then it is best to refuse such work during pregnancy in order to avoid negative influence on your health and the health of your baby.

Following a daily routine significantly increases the body's resistance to various adverse factors, so during pregnancy it is especially important to adhere to a daily routine. With a free schedule, working as a freelancer, a working expectant mother can regulate and choose a daily routine that is convenient for herself. When working in an office, especially if it is a significant distance from home, the expectant mother’s daily routine will be subordinated to the public transport schedule and the office work schedule.

Often to the expectant mother I have to deal with sleepiness at work. This problem is especially relevant in the first trimester of pregnancy. If there are no contraindications, you can drink green tea or weak coffee. Easy warm-up and Fresh air will also help you cheer up. In the office, the expectant mother needs to take hourly 10-minute breaks in order to walk, stretch, and do lungs. physical exercise. Ventilate the room often.

Don't skip your lunch break.

After work, if possible, it is advisable to take a walk somewhere in a park, along a boulevard, square, that is, where there is a lot of greenery and the air is cleaner. Plan your evening so that active entertainment or classes in a fitness club or swimming pool are completed before eight or nine o'clock in the evening.

You should have dinner 2-3 hours before bedtime, and preferably go to bed at 10 pm: pregnant women, as a rule, need more time for sleep and rest.

It is advisable not to disturb the daily routine on weekends, although small relaxations (later getting up in the morning and going to bed) within an hour and a half are quite acceptable.

Expectant mothers are advised that the rise should be gentle and non-stressful. To do this, you need to go to bed early so that the duration of sleep is at least 8 hours; it is better to replace the alarm clock with some pleasant melody, gradually increasing in volume. You can purchase a “light” alarm clock that simulates a sunrise: such an awakening is considered the most physiological.

During pregnancy, it is advisable not to neglect a full breakfast. In case of toxicosis, it is recommended to eat in small portions, the food should be warm, since very hot or cold food irritates the gastric mucosa and can provoke an attack of nausea.

Of course, long trips to work are absolutely undesirable for pregnant women. Crowded and stuffy public transport, crowded, crowded, increased risk of contracting respiratory infections, especially during the season colds, are completely unnecessary tests for the expectant mother. If possible, you should agree with management and move the start of the working day to a later time to avoid rush hour.

If you have been working for a long time, it is more convenient to get to work in comfort by a personal car, but, unfortunately, no one is safe from traffic jams and accidents.

In the case where work is within walking distance, even if not within the immediate distance, from home, especially if the road passes through green courtyards and squares, and not along busy highways, it is recommended to walk to the office: walking at a moderate pace is beneficial physical activity load, helps to finally shake off the remnants of sleep and cheer up.

During pregnancy, do not forget that regular balanced nutrition is one of the prerequisites for maintaining health and a successful pregnancy.

Many working pregnant women have bad habit do not have lunch, but have a snack, leaving the main (and most plentiful!) meal for the evening. This is completely unacceptable during pregnancy. For working expectant mothers, it is recommended not to skip main meals - breakfast, lunch and dinner, to which you can add a few light snacks - second breakfast and afternoon snack. Dishes should be chosen that are not very high in calories, give preference to steamed, stewed, baked ones, avoid fatty, salty, spicy foods, smoked foods, and sweet carbonated drinks.

Conveniently arrange your workplace- one of the important tasks. Ergonomic (made taking into account anatomical and physiological characteristics) office furniture Provides prevention of back pain and fatigue. Office chair should have an adjustable backrest, armrests, and height adjustment. You can use a special stand under your feet and place a small pillow under your lower back to relieve tension in the muscles of your legs and lower back, respectively. This is especially important for the expectant mother, since the musculoskeletal system is under increased stress during pregnancy, and prolonged sitting can lead to back pain, headaches, cramps and swelling of the legs.

To avoid carpal tunnel syndrome, which often develops when working on a computer and is characterized by pain, swelling, numbness of the wrist, fingers, hands should be kept on the table rather than suspended.

When working sedentarily during pregnancy, to prevent physical inactivity, venous congestion in the legs and pelvis, do a small physical warm-up every hour: walk, do a few simple exercises.

In the opposite situation - when working with prolonged standing (hairdresser, salesperson, etc.) - the dynamic and static load on the joints and muscles increases significantly, and the risk of varicose veins in the legs increases. Pregnancy itself predisposes to the development of varicose veins, especially when standing. In such situations, blood flow slows down and blood stagnation in the veins of the legs increases. Prevention of the appearance of varicose veins is the exclusion of prolonged standing and standing, elevated position of the legs when resting, which improves the outflow of venous blood, self-massage, physiotherapy, aimed at strengthening and working the muscles of the legs - the “peripheral heart”, which helps the movement of blood through the veins.

To prevent pain in the back and joints, pregnant women should avoid movements that increase the load on the back (to lift something from the floor, you need to squat down, tensing the muscles of the shoulders, legs, but not the back, that is, try to squat and not bend over; sit, leaning on the back of a chair; do not sit down suddenly, as this will damage the intervertebral discs; wear comfortable shoes with low heels; avoid standing for long periods). To reduce the load on your back and relieve the veins in your legs, when standing for a long time, you can place one leg on a small bench or stand. The leg should be changed periodically. In addition, the expectant mother needs to take breaks from work, during which she needs to sit down, or better yet, lie down, giving her legs an elevated position.

The computer has become an integral part of our lives in general and our work in particular. Modern computer technology is highly safe, however, the influence of the electromagnetic field, static electricity accumulated on the keyboard, display, and case system unit, increased visual stress remains even when working on the most modern computer equipment. A pregnant woman is strictly prohibited from working on a computer for several hours without breaks: every hour she must turn off the monitor, pause in her work for 10–15 minutes, get up, and stretch.

The housings of office equipment emit a number of fluorine-, chlorine-, and phosphorus-containing substances that have an adverse effect on the human body. In addition, the surfaces of the keyboard and system units accumulate dust, which can cause allergies; Pathogenic microorganisms can accumulate on landline telephone handsets and on the keyboards of office equipment. Copying equipment emits a number of toxic gases, so it is better for expectant mothers to avoid large volumes of copying work. Static electricity, electromagnetic fields, chemical substances emissions emitted by office equipment can worsen your health, lead to the development of headaches, chronic fatigue, and reduce immunity.

It is advisable to periodically treat the surfaces of landline telephones and office equipment keyboards with damp antibacterial wipes, and it is also necessary to ventilate the room in which you work more often.

Tip 10: Use Bluetooth for phone calls

Less phone conversations. The harmfulness of mobile phones, which many people often have to use on duty, has been talked about over the past 15 years, when these devices first entered our lives. There is evidence that with long-term use cell phones(for 10 years or more) electromagnetic radiation telephone use can cause benign tumors of the auditory nerve, causing headaches and nausea. And although the introduction of strict standards has led to the fact that only devices with very little radiation are certified, expectant mothers, when talking mobile phone The use of Bluetooth devices is recommended. It is known that the radiation power decreases in inverse proportion to the square of the distance: for example, increasing the distance by 2 times leads to a decrease in radiation by 4 times. Experts recommend not holding your phone close to your body unless necessary. When talking on the phone, watch your posture. Uncomfortable long-term posture (for example, with a tube pinched between the ear and shoulder) may contribute to the appearance of muscle pain, exacerbation of osteochondrosis cervical spine spine, increased fatigue, which is important not only during pregnancy.

Tip 11. Working during pregnancy should not be stressful

High concentrations of stress hormones (adrenaline, norepinephrine, cortisol), especially with prolonged exposure under conditions of chronic stress, have an adverse effect on the well-being of the expectant mother, the course of pregnancy and the condition of the baby. The inability to eliminate a chronically disturbing work environment calls into question your ability to continue working in such conditions. The body's resistance to stress is increased by adherence to a daily routine, adequate adequate sleep, regular moderate physical activity, which reduces the level of stress hormones, a constructive outlook on things, and a general positive psycho-emotional attitude, which reduces resentment and vulnerability to stress. To avoid occurrence stressful situations use time management skills, tune in to positive solutions to issues, plan your affairs if possible so as not to provoke emergency situations and time troubles.

Of course, it’s not easy to continue working during pregnancy, but everyday life has its own challenges. positive side: this is an incentive to lead a more active lifestyle, communicate, continue to regularly take care of yourself, which has a beneficial effect on the psycho-emotional and physical condition future mother.

Taking into account possible risks

A number of studies have shown that women who stand for long periods of time have an increased risk of premature birth and low birth weight babies. Therefore, many experts do not recommend that expectant mothers stand in a standing position for more than three hours at a time. This advice is especially relevant when the weight and size of the uterus and, accordingly, the load on the musculoskeletal system significantly increase, and prolonged standing can threaten the successful course of pregnancy.

Eye exercises during pregnancy
You should also remember about resting your eyes, as they experience increased strain when working on a computer. Every 30 minutes, you should close your eyes for 1–2 minutes, make several circular movements with your eyeballs clockwise, then counterclockwise, then alternately move your eyeballs to the right, left, up, down, fixing them in extreme positions. Frequent blinking helps relieve visual tension, moistens the eyes with tears, preventing dryness of the cornea and conjunctiva of the eye mucosa.

Pregnancy is a wonderful time. But this is not only joy. For a woman, this period is not only responsible, but also very difficult. The body is completely changing, constantly transforming. Often, pregnancy seriously affects a girl’s performance. If she is employed, then this situation will also affect the quality of work. Therefore, in Russia light work is provided for a pregnant woman. This measure is prescribed in the country's Labor Code. But light work is far from the only opportunity given to pregnant women in terms of working activities. What rights does a woman have during such a crucial period? What does the Labor Code of the Russian Federation regulate?

Articles of the law

For girls who have received the status of pregnant women, there are special rules and labor standards. They are established at the legislative level. Of course, we are talking about studying the Labor Code. But what specific articles of legislation should one refer to in order to understand all the peculiarities of the work of pregnant employees?

There are only a few labor standards. This is Art. 93 of the Labor Code of the Russian Federation, as well as Article 254 of this country code. They indicate the basic rules and regulations that an employer must comply with if he employs a pregnant girl.

Production standards

To begin with, you should pay attention to the fact that pregnant women are people whose health is being undermined. The performance of such an employee will most likely decrease. And overvoltage is fraught negative consequences for the fetus. In Russia, established laws are designed to protect citizens. Especially pregnant women.

Therefore, the first rule that is provided for is that all employees who have received the status in question must work with changes in production standards. They should be reduced. To what extent? It all depends on the woman’s health condition. Often medical workers They give girls certificates with recommendations on this matter.

Unfavorable factors

The features don't end there. The point is that light labor for a pregnant woman is necessarily provided by the employer. If we are talking about a vacancy that involves working in an unfavorable environment for subordinates, you will have to worry about eliminating these factors. That is, when a woman in an interesting position works, say, for hazardous production, the employer must find her a more suitable vacancy.

That is, the employee is transferred to light work. And this process is not necessarily accompanied by a decrease in load - you can change the nature of the work. Quite a common practice in Russia.

And earnings

The two points above have one huge feature. And both pregnant women and employers should know about it. After all, violation of the Labor Code of the Russian Federation is not permissible. A woman whose rights have been violated can complain against her employer. To prevent this from happening, you will have to take into account all established norms for the assignment of light labor.

It's about making money. Typically, a lighter workload means lower pay. But not in the case of pregnant women. According to established rules, the salaries of such people cannot be reduced. Light work for a pregnant woman takes place, but at the same time the average earnings must be maintained.

In fact, being in an interesting position, a woman will work less and receive the same amount as she earned on average before. If the employer violates the established rule, you can complain against him. You must refer to Article 254 of the Labor Code. It is here, in the first paragraph, that the average earnings are preserved when a pregnant woman is transferred to light work.

If there is no work

Little is known about the following feature. And not every employer will agree to comply with the proposed standards. The previously mentioned article indicates that light labor for pregnant women is a mandatory measure. An employer does not have the right to refuse a girl in an interesting position to provide a vacancy and work that eliminates the occurrence of unfavorable production factors. That's not all important points, which has the transfer of a pregnant woman to light work. Payment for such work should not be reduced (only in some cases). But in this case, Article 254 of the Labor Code of the Russian Federation will no longer be in effect.

What to do if the company cannot this moment offer your employee easy work? What does the Labor Code say? In this case, pregnant women are subject to suspension from work. And it is allowed to resume it only when the negative ones are eliminated and the transition to easy work occurs.

The key feature is that under such circumstances it is impossible to cut the salary of a pregnant girl. That is, the employee does not work, but receives the same earnings as when carrying out job responsibilities. Cash allocated from the employer's budget.

So, it is advisable for companies to find easy work for a pregnant woman quickly. Otherwise, on legal grounds, the employee has the right not to perform official duties. And despite this, you receive your salary in full.

Dispensary examination

Sometimes employed girls have to undergo medical examinations in medical institutions. This process is also included in the Labor Code. For pregnant women who undergo a dispensary examination, it is envisaged to maintain the average wages in the position held.

In other words, during a medical examination, no one has the right to fire a pregnant woman, nor to “cut” her salary. This feature must be taken into account without fail. True, we are only talking about mandatory medical examination. Not the most common occurrence, but it does happen.

Already given birth

The Labor Code of the Russian Federation provides for such easy work for pregnant women. Also, Article 254 of this code indicates some features of the work of those who arrived to perform official duties before born child less than a year and a half old.

This circumstance can also bring a lot of trouble to the employer. After all, at the request of the new mother, the employee will have to be transferred to another position that involves light labor. At the same time, the average salary for the job duties performed must be maintained. How long can a citizen work at an easy pace? Until the child turns 1.5 years old. Afterwards, the employer transfers the mother to a normal way of working, which does not provide any concessions.

Only upon request

What else do employers and subordinates need to know? The point is that a pregnant woman can be transferred to light work only upon the girl’s personal application. If this document has not been provided to management, you will have to perform job duties on an equal basis with everyone else. If the employer decides, on his own initiative, to transfer a subordinate to light work, then he has every right to “cut” her earnings. Or do not maintain the average salary for the employee when he is absent from the workplace.

But all this only applies when there is no application for light work. Otherwise, the norms established by the Labor Code will have to be observed. So, until the woman herself decides to reduce her workload, all of the above features will not apply to her. An employee is considered an employee like everyone else.

When to contact

Pregnancy is a very long process. From the 30th week of an interesting situation, the employer must generally give his subordinate so-called maternity leave. Therefore, many are interested in how long light labor takes place.

This point is not specified in the law. In general, as soon as a woman finds out about pregnancy, she has the right to concessions when performing her official duties. The main thing is to provide a doctor's report as confirmation. On average, approximately a month to a month and a half after conceiving a baby, an employee has the opportunity to transfer to light work.

In practice, this phenomenon rarely occurs. Typically, a statement about reducing the workload when performing job duties is written closer to maternity leave. When the body experiences maximum stress. But even before, a woman had the right to light work. The only task is to obtain a medical certificate about pregnancy. Taking into account the fact that in Russia you can “think” about an abortion before the 12th week of an interesting situation, it is recommended that after this period you write an application for light work.

Part-time work

Everything said earlier is the content of just one. Often, all of the above measures are not applied by employees. Instead, Art. 93 Labor Code of the Russian Federation. What does it say?

This article is responsible for incomplete work time. It is indicated that women in a position have the right to demand the establishment of part-time work or a shift when performing official duties.

Again, the request is considered only after a written request to the employer. They can refuse, but it is better not to do this. After all, employees often begin to ask not for a reduction in working hours, but for a transfer to light work.

How much will they pay

True, part-time work has its advantages for the employer. Average earnings will be maintained with light labor. But if an employee asked for an incomplete shift, then her salary should be calculated in proportion to the work performed.

Either payment based on volume or time of work is considered. It all depends on the position held. Thus, a pregnant woman’s earnings may be lower. This is a huge advantage for the employer. Therefore, in practice, this is exactly the form of work that management offers to employees who are in an interesting position.

Impact on labor rights

How does part-time work affect citizens? According to established laws, no way. Transferring a pregnant woman to light work, as well as laying off work shift according to established standards, should not be reflected in the social package.

That is, vacation and sick leave, as well as all other labor rights remain with the employee in full. If an employer tries to somehow infringe on a subordinate, you can complain against him. This is a direct violation of the legislation established in Russia. There is no need to be afraid - you should be able to defend your rights. Especially when it comes to vulnerable and weak pregnant women.

How does it actually turn out?

True, the situation in real life seriously different from the ideal. The Labor Code also states that it is impossible to dismiss an employee in a position at the initiative of the employer. And such personnel are prohibited from working at night.

But in reality, it turns out that the vast majority of women work full time before maternity leave, without being transferred to light work. And if the employer provides easier conditions for performing job duties, then most likely this will affect earnings - it will become lower.

They arrive In a similar way unscrupulous employers. In addition, sometimes women are simply forced to quit “of their own free will.” Only conscientious companies comply with all legal standards. Light work for a pregnant woman is the right of every pregnant woman. And it is up to the employees themselves to decide whether to implement this opportunity. Without a written statement, it can be assumed that the subordinate did not express a desire to receive light work or to be assigned. Both the employer and the employees themselves should remember this.

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 the age of 1.5 years, 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 placed on probation, then termination employment contract with them according to the test results is illegal
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);
- install probation when hiring 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 week 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:

  • period during which a pregnant woman performs more light 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 released from work due to its harmful effects until she is granted suitable job. 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 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 an obligation on a woman 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). At the same time, for certain categories of workers, the Labor Code provides for an exception from 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. Usually, annual leave goes on 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 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. Under actual end Pregnancy should mean 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 a woman agrees to a transfer, some conditions, such as place of work, position or term of an employment contract, are changed by concluding additional agreement to the employment contract.

You will need

  • - Labor Code of the Russian Federation;
  • - employment agreement (contract);
  • - a certificate from the antenatal clinic confirming the presence of pregnancy.

Instructions

A pregnant woman cannot continue to work with the same workload as before. That is why, on the basis of Article 93 of the Labor Code of the Russian Federation, she has the right to demand the establishment of a part-time working day or part-time working week. A new work schedule for a pregnant woman is established based on her application by concluding an additional agreement to the employment contract. It clearly states the work and rest schedule of the expectant mother, as well as other benefits due to her in connection with her special situation. Then an appropriate order is issued to change the pregnant woman’s work schedule. However, women should remember that part-time work is paid in proportion to the hours worked, so their income may sharply drop. In addition, part-time work cannot be less than 4 hours, and part-time work cannot be less than 20 hours per week.

The legislator has provided for a number of cases when the expectant mother cannot work even with her written consent. Article 259 of the Labor Code of the Russian Federation prohibits working at night. In addition, they cannot work overtime beyond the duration of the work period established for them, on weekends, and on holidays. It is prohibited to send pregnant women on any business trips, even if they are dictated by serious business needs. If a woman’s work involves traveling, then after pregnancy, she can work as usual, as long as this does not negatively affect her health.

If the rights of a pregnant woman are violated, she can appeal against the illegal actions of the enterprise management by writing a corresponding application to the State Labor Inspectorate. You can send a similar complaint to the prosecutor's office, or write statement of claim to court.

Helpful advice

According to the provisions of Order 224 of the Ministry of Health and Social Development of Russia dated March 30, 2006, pregnant women have the right to weekly medical examination. Therefore, the employer must provide the expectant mother with the opportunity to visit the gynecologist who is observing her, take the necessary laboratory tests, and undergo examinations by specialists. To avoid possible complications and disagreements with management, a pregnant woman is recommended to write a free-form application addressed to the director. It should indicate that due to pregnancy, she will be absent from work at a certain time, and after undergoing a medical examination or examination, provide a document confirming the visit to doctors.

In accordance with the Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” and the Federal Law of November 29, 2010 N 326-FZ “On compulsory health insurance in the Russian Federation”, Order of the Federal Compulsory Medical Insurance Fund dated December 1, 2010 N 230 “On approval of the Procedure for organizing and monitoring the volumes, timing, quality and conditions of provision medical care on compulsory health insurance", Federal Law No. 81-FZ "On state benefits for citizens with children"

Rights of a pregnant woman:

1. Decide independently where to get a compulsory health insurance policy;
2. Choose any residential complex, regardless of your place of registration. You can go not only to a district medical institution, but also to a departmental hospital and even to a private clinic, which is included in the compulsory health insurance system;
3. Change the doctor at any time if the doctor managing the pregnancy is not satisfactory for any reason;
You can change one obstetrician for another in the same consultation, or the consultation as a whole, only once during pregnancy. The exception is when a pregnant woman moves to a new place of residence;
4. Refuse to take any medications and hospitalization, both in a hospital and for a day stay;
5. Do not take paid tests. In the case of a referral for such, it is necessary to contact the medical insurance organization in which the pregnant woman is insured to organize and conduct an examination of the quality of the medical care provided to establish (confirm) the validity (indication) of this referral for paid tests. It is necessary to attach to your written application the issued referral from a gynecologist and proof of payment for the recommended tests;
6. Visit the antenatal clinic as many times as you consider necessary or not visit the LC without explaining the reasons;
7. Receive a one-time benefit if registration in medical organizations was produced in early dates pregnancy. For getting this manual A woman must obtain a free-form certificate from the antenatal clinic regarding registration in the first 12 weeks of pregnancy. From January 1, 2014, the amount of this benefit is set at 515.33 rubles. + regional coefficient;
8. Visit a doctor during working hours, regardless of the employer’s consent or disagreement. The duration of examination and treatment is not limited. In accordance with Art. 261 of the Labor Code of the Russian Federation - “Termination of an employment contract at the initiative of the employer with pregnant women is NOT ALLOWED, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur.” When conflict situations with the employer, you need to file a complaint with the State Labor Inspectorate and the prosecutor’s office at the employer’s location (advice: you shouldn’t let things get to this point, you still have to return to work for this organization, so it’s better to resolve these issues amicably, by mutual agreement, We can very gently remind you that the labor code allows pregnant women some concessions).

Residential complex employees are obliged to:

1. Provide medical care in a guaranteed volume, without charging fees in accordance with the program state guarantees free medical care, as well as paid medical services and other services, including in accordance with the voluntary health insurance agreement;
2. Register the expectant mother for pregnancy, regardless of place of registration and citizenship;
3. Issue an exchange card upon request, indicating tests passed or failed (if a woman does not have an exchange card or the exchange card does not indicate the results of examinations for syphilis, AIDS, hepatitis, etc., then, depending on the obstetric situation (stage childbirth), the birth is carried out in the observational department of the maternity hospital where the woman applied, or the pregnant woman is sent to a specialized observational maternity hospital);
4. To convey to the woman in labor, in a form accessible to her, the available information about the state of her health, including information about the results of a medical examination, the presence of a disease, the established diagnosis and prognosis for the development of the disease, methods of providing medical care, and the risks associated with them, possible types medical intervention, its consequences and results of medical care.

The expectant mother also has the right:

1. Choose any maternity hospital, regardless of place of registration; a birth certificate allows a woman to fully exercise her right to choose a health care facility;
2. change the doctor at any time if the doctor attending the birth does not suit her (but this is bordering on fantasy, because during childbirth, either the doctor on duty or the one who is free is with us, so take care of this issue in advance and take this responsible process of a doctor who will suit you according to all criteria);
3. Refuse to take any medical supplies, procedures, both in relation to you and in relation to the child (any pills and procedures that are offered to you in the maternity hospital are completely optional, if you have clear ideas and knowledge about their uselessness, specifically for you), refuse supplementary feeding of the child ;
4. Refuse any additional paid services;
5. Refuse enema or pubic shaving upon admission to the maternity hospital, except in cases where the mother’s exchange card contains a stamp with a diagnosis of “pediculosis” (the razor must be disposable, and its packaging must be broken only in front of your eyes);
6. Bring the child’s father or another family member, taking into account her state of health, to the birth, with the exception of cases of surgical delivery, if the obstetrics facility has appropriate conditions (individual delivery rooms) and the father or other family member does not have infectious diseases. The exercise of this right is carried out without charging a fee to the child’s father or other family member;
7. Refuse vaccinations, as well as any other injections and tests:
8. Bring (or write on the spot) a statement refusing any medical interventions without your written consent (except emergency cases when a parent or authorized person is unable to express their will);
9. Refuse from a number of medical procedures: any anesthesia and medicinal intervention in the process of childbirth (any injections), stimulation of labor, artificial opening of the amniotic sac and episiotomy;
10. Immediately after the birth of the baby, the mother demands that the newborn be placed on the breast so that he can suck out the colostrum on his own;
11. Prohibit obstetricians from cutting the umbilical cord too early (before the birth of the placenta or before the end of pulsation), refuse to drop any medications into the child’s eyes, and from washing the child and wiping off lubricant;
12. Leave the maternity hospital at any time against a signature and take the child with you.

Despite the fact that only doctors are obligated, and expectant mothers and women in labor have the right, we would not recommend going to extremes. You should not reject indiscriminately all the recommendations of doctors: you have the right to do this - but then be prepared and bear responsibility for the consequences of your decision. You should also not demand that the doctor replace your mother, your psychotherapist, and your good friend. In order for a doctor to do his job well, he needs peace of mind and confidence that his advice and prescriptions will not go unheeded. But only joint creativity The woman herself and her attending physician will help the child be born on time, healthy and happy.