Is a pregnant woman obligated to inform her employer about pregnancy? The law regulates labor relations between the expectant mother and the bosses to a greater extent from 27-30 weeks, that is, from the date of decree. The Labor Code does not indicate whether a woman should report on her situation, and for how long it should be done. This means that the decision remains with the future mother. The special position of the employee requires solving a large number of issues, so it’s worth talking about pregnancy before maternity leave. But up to 12 weeks it is worth doing only if necessary.
Legal nuances: what you need to know
Any expectant mother enters a new stage of relations with the employer. Labor legislation is on the pregnant side, you just need to know how to rely on it correctly. Today, prejudice against pregnant women at work or at work is a form of discrimination. Unfortunately, such phenomena are quite widespread, because it is unprofitable for an employer to keep an employee who, for one reason or another, cannot fully perform her duties. Therefore, many women have a fear before the joyful news of imminent replenishment in the family affects their careers.
The rights of pregnant women are regulated by the Labor Code. An employee expecting a child may not be involved in overtime or night work, business trips, and work on holidays and weekends. A woman has the legal right to reduce working hours, transfer to easy work during pregnancy, work in a comfortable room (ventilated and bright, without a lot of equipment and so on). The employee's job duties do not change in any way, but she has the right to demand a loyal attitude to her new position.
Preservation of the place and issue of dismissal
The employer is obliged to preserve the employee’s place and salary, but can offer vacancies that are more consistent with the state of health of the woman. A pregnant woman can be dismissed only in one case - upon liquidation of the enterprise. But even so, the manager is obliged to employ employees who are in position. When working under a fixed-term contract, a woman must apply for an extension based on pregnancy. An employee cannot be fired for severe disciplinary offenses and failure to fulfill her duties. The greatest possible punishment is the deprivation of bonuses.
Holidays and cash payments
Annual leave should be paid in full and regardless of the duration of work in this company. Maternity leave lasts 70 days (with multiple pregnancy - 84 days) before childbirth and 70 after (110 - at the birth of two or more children, 86 - at complicated births). All this time, social insurance benefits have been paid.
Holidays are paid on sick leave. With an employee’s annual income of less than 415 thousand rubles, the calculation is based on the average daily income multiplied by 140-180 days. To this amount the employer can optionally add 50 thousand rubles. From these amounts a woman does not pay tax. Immediately after leaving for B&R, a parental leave begins. Due to social insurance, a woman is entitled to receive 40% of the average monthly salary for the previous year. If the annual income exceeded 415 thousand rubles, then a maximum of 13,833 rubles per month can be obtained. For the period of vacation in BiR and caring for a child, the experience is not interrupted.
Official registration of a woman
An important condition - in matters of the rights of pregnant women and their duties at work, one must rely on official registration. Otherwise, the employer may refuse a woman to be transferred to light work and other benefits, to leave and pay benefits. In this case, lawyers are advised to enter into official labor relations with their employer or to collect documents confirming the fact of work in this company. As evidence, you can attach, for example, a statement of movement on the card, if the salary is transferred through the bank.
When to talk about pregnancy at work
How long does it take to inform my employer about pregnancy? Expectant mothers answer this question in different ways. With good relations with the bosses and the staff, many share their joy even before being registered in the antenatal clinic, other women tend to hide their special situation until maternity leave. When to inform the employer about pregnancy? This issue is not legislatively enshrined in the Labor Code, that is, a woman can decide when to do it and whether to do it at all (you can just bring a sick leave and go on vacation).
Up to 27-30 weeks, a woman can act on her own. Further, the employee has the right to go on vacation in BiR. Failure to perform at this stage all the necessary actions by the expectant mother will lead to the loss of a large sum of money, and failure to fulfill the provisions of the TC threatens him with fines. So when to warn an employer about pregnancy? According to generally accepted standards of professional ethics, a woman should inform her immediate boss about going on maternity leave a little in advance. It takes time for the employer to choose a replacement employee for such a long time.
Early reporting of an "interesting position"
When to inform the employer about pregnancy? You can get a medical confirmation first. A certificate of pregnancy can be issued to the expectant mother in the LCD as soon as this fact is established by the gynecologist, that is, already starting from 5-6 weeks. But is it worth it so early to notify the authorities about their special status? Is it necessary to inform the employer about pregnancy officially or can I get along with the conversation? In general, a woman is not obliged to report her position before the decree, but this will not ruin the relationship with her superiors and colleagues, who will urgently need to find a replacement and teach a new person.
Optimal period for informing superiors
Doctors in antenatal clinics in most cases do not recommend women to inform their superiors about their situation before 12 weeks. In the early stages, pregnancy is still very vulnerable, but if a woman informed before this period, then in the future the threats are not so great, there is a high probability of successful bearing and childbirth. If the examinations conducted in the antenatal clinic predict pregnancy complications, and it is also known that there is one or several fetuses, the expectant mother can convey this information to the employer. With a single pregnancy, you can already make an approximate calculation of benefits.
When to inform the employer about pregnancy? It is better to do this no earlier than 12 weeks. When reporting the upcoming decree, the expectant mother should discuss a number of issues with the employer. This can be lightweight or remote work until the very day of childbirth, if it is unprofitable to go on maternity leave for any reason, the opportunity to take annual leave before maternity leave, the need to switch to preferential working conditions, and so on. It is necessary to warn the bosses so that the pregnant woman is not involved in heavy and overtime work, as well as business trips. A lot of organizational issues arise, but this does not mean that we should start discussing them too soon.
In some cases, it makes sense to notify the authorities and colleagues about their special situation before 12 weeks. If the labor duties are too heavy for a pregnant woman or the state of health requires taking extra days of rest, it is worth specifying all issues with the authorities in the early stages. A woman has the right to transfer to light work and reduced working hours. In this case, you need to provide a doctor’s certificate.
Transferring an employee to easier work
When working at work or in harmful working conditions, a pregnant employee has the right to switch to light work. A woman in a position is forbidden to be nervous, work on a conveyor belt, lift weights, work with pathogens, contact with toxic substances and poisons, raise objects from the floor too high, sit on her knees and squat, work in a hot room or in a draft. It is the employer's responsibility to reduce the production rate for a woman in a position, to provide work in which there is no influence of harmful factors. In the event that it is not possible to give the pregnant woman another job, but you cannot leave her in the same place, the law provides for a complete release from duties with the preservation of earnings.
How is the process of transferring to light work
The transfer to easy labor during pregnancy occurs according to the procedure established by law. A woman needs to take a certificate with a recommendation to work with less workload and give it to her immediate boss. Without documentary evidence of pregnancy, no benefits will be granted. A certificate of gestational age and recommendations for transferring to easy work are necessary, otherwise the boss has the full right to refuse to transfer. Then the employee must write a statement. After a positive response from the leadership, the woman will be reduced the burden, enter into an additional contract or issue a transfer order. This can be done at any time during pregnancy. Since the work is not permanent, they do not make an entry into the labor.
Can a pregnant woman get fired
Can a pregnant woman be fired from work? According to the law, the boss has the right to deprive the pregnant woman of work only upon liquidation of the enterprise, but in this case he is obliged to employ the employee in the position. In fact, there are two more situations in which such a worker may lose her job. If the working conditions are harmful or difficult, the employer offers the woman other vacancies, but if she does not agree to them, then she can quit. The basis for termination of employment is also the mutual consent of the parties (dismissal of their own free will). At the same time, the employer should not put pressure on the employee.
Can a pregnant woman be fired from her job if she is employed under a fixed-term contract? No, but the employee must independently apply for an extension of the contract. It will be possible to break it only after she goes to work after a vacation in BiR and caring for a child. Employees who are on probation should not be fired. If a woman is employed during pregnancy, then she must be hired without a probationary period.
Documentary evidence of pregnancy
The official notification of the employer about pregnancy - a certificate from the antenatal clinic. When registering early, a woman has the right to an additional allowance, which is paid simultaneously with the B&R allowance and after providing the certificate to the authorities. This document can be used as a confirmation of early pregnancy. Additionally (if necessary) the doctor can write out a certificate with a recommendation on transfer to easier work or with information about the duration of pregnancy. Before maternity leave, documentary evidence is the sick leave, on which benefits are paid.
Preparing for a conversation with superiors
When to inform the employer about pregnancy, each expectant mother has the right to decide on her own. But how to do that? It is necessary to prepare for a conversation with the authorities. It is better to have documentary evidence of pregnancy on hand. It is also worth knowing your rights and obligations in accordance with the new regulation. Before the meeting, you should decide what the goal of the woman is. Need to save a job, switch to easy work now or get a compensation payment and quit early? You need to determine for yourself the main points in the negotiations in order to know what to agree on and what not.
It is better to make an appointment in advance. The topic is a personal question. It is worth considering who will be able to replace the employee for the period of absence in order to propose a candidate and manage to bring a person in the know. Perhaps this proposal is better written in order to show the employer and leave after negotiations. If the boss is a man, then it is worth expressing thoughts briefly and clearly, if a woman - you can say more about the state, express emotions. When the employer formulates the conditions to which the employee agrees, it is better to shift the agreement to paper.
What is the responsibility of the employer
If the employer violates the rights of the pregnant woman, she has the right to complain to the labor inspectorate. Inspectors will conduct an appropriate check. Upon confirmation of the violation, the management will be fined 5 thousand rubles, in addition, they may prohibit activities for three months. According to the Criminal Code, employers who dismissed their expectant mother illegally or have not been hired are facing not only a fine, but also forced labor.