How to go on maternity leave if you are replacing a maternity leaver

You are entitled to the same guarantees as key employees:

allowance for early placement;
maternity leave;
leave or child care allowance for up to 1.5 years.

I would also like to remind you that the employer does not have the right to fire a pregnant employee by virtue of Art. 261 Labor Code of the Russian Federation.

If the term of a temporary contract expires during maternity leave, then the contract must be extended until the end of the vacation period (Article 261 of the Labor Code of the Russian Federation).

There is one exception: if a pregnant woman was hired on maternity leave (the rate of a temporarily absent employee), then she can be fired if the replacement employee returns to work (Part 3 of Art.

261 of the Labor Code of the Russian Federation) provided that the pregnant temporary employee does not agree to move to the offered vacancies. The organization is obliged to offer all vacancies that correspond to the employee’s qualifications and state of health (higher paid or lower paid work).

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What is the employer obliged to give the employee on the day of dismissal?

You are entitled to payment of benefits under the BIR.

You have the right to take leave before maternity leave, write an application, the employer has no right to refuse you.

An employer can fire you only after the sick leave has ended. Your employer may not provide you with parental leave.

Labor Code of the Russian Federation Article 261. Guarantees for a pregnant woman and persons with family responsibilities upon termination of an employment contract

If a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of pregnancy, and if she is granted maternity leave in the prescribed manner - until the end such a vacation. A woman whose employment contract has been extended until the end of her pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If the woman actually continues to work after the end of her 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.

It is permissible to dismiss a woman due to the expiration of an employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of an absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy (as a vacant position or a job corresponding to the woman’s qualifications, and a vacant lower-level position or lower-paid job), which a woman can perform taking into account her state of health. In this case, the employer is obliged to offer her all the vacancies that he has in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

That is, if your fixed-term employment contract states that a fixed-term employment contract was concluded for the duration of the duties of an absent employee, then as soon as the employee returns to work, you have the right to fire you.

Labor Code of the Russian Federation Article 59. Fixed-term employment contract

A fixed-term employment contract is concluded:

for the duration of the performance of the duties of an absent employee, who, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract, retains his place of work.

That is, if an employee leaves on March 14, 2021, you may be fired on March 13, 2021, if the employer has no other available work (either a vacant position or job that matches your qualifications, or a vacant lower position or lower-paid job) which you can perform taking into account your health condition.

You can already receive child care benefits from the social security authorities.

You will no longer receive maternity benefits if you are fired during pregnancy before maternity leave begins.

Pregnancy on maternity leave

A friend of mine went to work under a contract during her maternity leave in October 2011, but 2 months later she found out that she was pregnant. The employee where she worked announced her return from maternity leave. The employer offers to resign, but she is also pregnant! What to do according to the law? Should the employer provide another location?

Tatyana, look at the discussion of a similar problem:

I will answer quickly and briefly, because... There are so many such situations described here, everything is very simple.

Article 261. Guarantees for pregnant women, women with children, and persons raising children without a mother upon termination of an employment contract

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Termination of an employment contract at the initiative of an employer with pregnant women is not permitted, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur.

If a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy. A woman whose employment contract has been extended until the end of her pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If the woman actually continues to work after the end of her 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.

This is important to know: The basis for voluntary dismissal in the order

Termination of an employment contract with women who have children under three years of age, single mothers raising a child under fourteen years of age (a disabled child under eighteen years of age), other persons raising these children without a mother, at the initiative of the employer is not allowed (with the exception of dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of this Code).

Dear Tatyana! Let me highlight an important point. The contract is fixed-term and, as a result, the pregnancy periods of the 1st and 2nd employee will matter. Talk to the HR department about whether there are any vacant positions, because if there are none, then dismissal will follow after the end of the pregnancy.

Article 261 of the Labor Code of the Russian Federation deals specifically with a fixed-term employment contract, which is concluded for the period of performance of the duties of a temporarily absent employee.

If the main employee has expressed a desire to go to work, and your friend turns out to be pregnant, I hope she has presented a certificate of pregnancy. And if the personnel department cannot transfer her to a vacant position, as is written in Article 261 of the Labor Code of the Russian Federation, then yes, she will be dismissed, by the way, and in this case, when a fixed-term employment contract has been concluded for the period of the main employee, she will not be dismissed according to the end of childbirth, and at a time when it is not possible to transfer to another job, and also this main employee expressed a desire to go to work.

Until the end of pregnancy, the employment contract is extended when the employee is working under a fixed-term employment contract , but the fixed-term employment contract was not concluded during the absence of the main employee, but for other reasons. In this case, the employment contract is extended until the end of pregnancy, but every three months the employee must bring a certificate, this is paragraph two of Article 261 of the Labor Code of the Russian Federation.

There are different types of fixed-term employment contracts, this is what you need to pay attention to.

But, if you think that she will then lose the benefit for the birth of a child, or the benefit for caring for a child up to one and a half years old, then no, she will not lose it.

Let him immediately register with the employment center and receive unemployed status.

I also quote article 13 of Federal Law No. 81-FZ of 1995, as amended in 2011.

Article 13. Right to monthly child care allowance

Transfer to maternity pay through dismissal

Hello. I have the next one on the 1st. February situation I was warned that on May 1st my position was being cut. And they offered to sign the transfer at a maternity rate from May 1st.

There is a woman working at this rate right now who is nearing retirement age and they allegedly want to fire me and leave me. I signed. And recently I found out that If.

I’m pregnant, I bring a certificate to my employer, then at what rate should he keep me? On a permanent basis? Or, after all, he has the right to transfer me to a place where my signature is on maternity leave.

On maternity leave at maternity rate

In February 2010, I got a job on maternity leave, and now I’m pregnant myself (I’m now 1 month pregnant). My official salary Tell me.

20500 can I go on maternity leave with maternity leave, and the rates will then be calculated as maternity payments? Payment of benefits? for pregnancy and childbirth will be 70 days 140? or child care up to 1.

5 years where and how much will I receive? and when is the best time to talk about work? during pregnancy Thanks in advance!

Am I working for you correctly - did you understand that under a fixed-term employment contract in place of the person who left, the person is on maternity leave, and the contract will be interrupted by your main employee returning to work?

Termination of an employment contract at the initiative of an employer with pregnant women is permitted by non-women, with the exception of cases of liquidation of the organization or activity of an individual entrepreneur.

Maternity Dianohka

1-rate >If you NOW have a fixed-term employment contract and it was concluded reasonably, then during pregnancy you will be fired under clause 2 of Art. 77 Labor Code - upon expiration of the TD period. If you write an application and bring a certificate of pregnancy, the TD will be extended until the end of the pregnancy and only (see Article 261 of the Labor Code)

This rule (ends upon dismissal) applies when working on any urgent TD - even for the duration of a certain job, even during the absence of the main employee.

read We recommend: How to return an item Cases

maternity benefits to the supplier)))

Unfortunately, if you are on maternity leave in a position under a fixed-term employment contract for maternity leave, then when you return to this job, the employee can legally fire you completely if you have already run out of your usual time. But the employer makes concessions to a pregnant woman, especially a woman, if she is a valuable employee, but no matter what, the fact will be with you. If it is not a girl, then you will be entitled to all the payments required by law.

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Because I worked in a temporary position as a maternity maid, then when I started going on maternity leave, the staff explained to me that I definitely needed to transfer to a permanent position BEFORE leaving ours.

But by decree of the organization, in the case of temporary positions, there was always the practice of transfer through dismissal, i.e.

We write an official letter of resignation, the corresponding labor record is made, and the next day you are accepted into the agreement.

By agreement between the parties in writing, an employee may be temporarily transferred to another job of the same employer for a period of up to one year, and in cases where such a transfer is carried out to temporarily replace an absent employee, whose place of work is retained in accordance with the law , - before this work is released to the employee. If, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.

maternity with Transfer of rate to permanent

1 answer. Moscow 3061 Viewed times. Posted 2012-12-02 09:12:50 +0400 in Labor “law topics” I have been working for 2 years on maternity leave. I'm going on maternity leave for 2 months. Am I entitled to maternity benefits and benefits? — I have been working on maternity leave for 2 years. I'm going on maternity leave in 2 months. Do I need maternity leave and benefits? Further

1 Moscow. answer Viewed 505 times. Asked 0400-06-05 22:04:51 +2010 in the topic “Labor Law” Is it legal to collect a claim for severance pay (salary gray scheme) and moral compensation for damage 1.5 months after the date of termination? - Is the claim legal for the recovery of severance pay (salary gray compensation) and the scheme for moral damages after 1.5 months Translation uv-ya.

after an employee on maternity leave

By agreement concluded between the parties in writing, an employee may TEMPORARILY be transferred to another job with the same employer for up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, the place of work is retained , - before this employee goes to work. after the end of the transfer period, if the previous job was not provided to the employee, but he did not demand its provision and continues to work, then the agreement’s condition on the temporary nature of the transfer loses the transfer and is considered permanent.

Dismissal of a pregnant woman on maternity leave under a fixed-term employment contract

Hello, I am working under a fixed-term employment contract on maternity leave while on maternity leave. It states before the employee’s main exit. The girl must go back to work 3 weeks before I go on maternity leave.

My immediate supervisor says that he will fire me as soon as she leaves.

In response to my answer, they do not have the right to fire a pregnant woman, but must transfer her to any free rate, the service replies from the staff that they will do everything to ensure that there is no free rate.

Dismissal due to transfer to another organization

Labor legislation provides for such a form of calculation of personnel as dismissal by transfer. In this case, the procedure in this case is similar when the employee writes an application for payment at his own request.

The reason for dismissal may be a potential initiative of the employer or a petition from the employee. Regardless of the ease of translation, however, there are a number of features that must be taken into account by the parties to the employment agreement.

Dismissal by transfer to another organization

transfer Dismissal is the termination of an employment contract by transferring an employee to another organization. This termination is the basis of the labor relationship between the employee and is provided for by the employer in paragraph 5 of Art. 77 of the Labor Code of the Russian Federation.

This procedure for the type of dismissal is similar to terminating an employment agreement at one’s own request. The difference lies in the labor record and the impossibility of withdrawing a letter of resignation in a transfer case.

What is maternity rate?

There is no such term as maternity pay in Russian legislation, since in essence, maternity pay is work at a temporary rate during vacation time associated with pregnancy. Let's take a closer look at this question.

In accordance with Article 255 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), women are granted maternity and pregnancy leave of 70 calendar days before childbirth and 70 calendar days after childbirth with the payment of benefits.

Source: https://buh.jofo.me/1115478.html

Due to pregnancy

The rules for granting maternity leave are specified in Articles 255 and 256 of the Labor Code of the Russian Federation.

Article 255 of the Labor Code states that:

women living in areas with the right to resettle (places with high radiation, where the density of cesium-137 in the soil is from 5 to 15 Curies per km 2) are entitled to 90 days of leave before childbirth;
Women from other localities, after submitting an application and in accordance with a certificate of incapacity for work issued by law during a singleton pregnancy, are issued leave for a period of 70 days before childbirth and 70 (for complex childbirth - 86) days after childbirth. If the birth of twins, triplets or more children is expected, the leave time increases to 84 days before the birth and 110 after. In this case, financial benefits are paid;
The period of leave during pregnancy and the postpartum period is calculated by the total amount of days and, if a woman has not used any part of the prenatal leave period allotted to her, she can use it after the birth of the child.

Article 256 concerns the post-natal part of the leave. It states that:

after a woman submits an application, she is issued a maternity leave so that she can care for the child until the age of three;
such leave can be taken not only by the mother, but also by other relatives of the child: father, grandmother, grandfather, etc., as well as a stranger who has guardianship - that is, anyone who is truly responsible for the life and development of the child;
after writing the appropriate application, the person caring for the child has the right to work part-time or at home, while continuing to receive benefits;
during a three-year leave for the birth of a child, the employee retains his position;
these years become part of the general and continuous working experience, as well as professional experience (the only exception is cases of granting an old-age pension earlier than the accepted age).

The paragraphs of the articles also apply to women holding positions temporarily, while the main employee is on maternity leave. Maternity leave is issued no earlier than 30 weeks when expecting one child and 28 weeks if the birth of twins or triplets is planned.

Required documents

The first thing you need to do when going on maternity leave is to inform management about your pregnancy as early as possible so that they have time to select a replacement and prepare all the required papers. Then you need to start preparing the documentation.

List of documents:

certificate of incapacity for work;
statement;
salary certificate not older than 2 years.

This is important to know: How the pension is recalculated after the dismissal of a working pensioner

The main document on which maternity leave is issued is a certificate of incapacity for work due to pregnancy. It is issued by a gynecologist at the antenatal clinic or a family doctor. It must be taken into account that the document must be from a state medical institution, otherwise it will be declared invalid. The sheet confirms the presence of pregnancy and determines maternity dates.

An application for leave is written in a standard format. At the top right is the name of the organization in which the pregnant woman works, the last name, first name and patronymic of the manager, as well as the full name of the temporary employee requesting maternity leave.

The word “application” is placed in the center (with a small letter), and then the text itself follows in free form, indicating the desired time of release from labor (its beginning and end) and a mention of the benefits provided. Below is the date and signature.

When all documents are ready, they need to be taken to the HR department. The papers will have to be reviewed within a 10-day period. If all the documents are completed correctly and during the absence of the main employee, there is no longer any need to worry about whether a pregnant woman can be fired if she works on maternity leave. They can't fire her.

The manager is obliged to issue a maternity leave to the woman and pay a benefit equal to the average salary for the previous 2 years. The formula for calculating the payment in this case looks like this: salary amount for 2 years/270 (number of days in 2 years) * 140 (number of maternity days) = benefit amount.

If the conscript’s elapsed working time is less than 2 years, you need to return to your previous place of work. When real wages cannot be calculated, payments are calculated based on the minimum wage (minimum wage). In addition to the basic benefit, women who registered at the consultation in the first three months of pregnancy are entitled to a payment, the amount of which in 2018 was 613 rubles 14 kopecks.

Thus, the question of whether a pregnant woman can be fired from work if she is on maternity leave is, in most cases, resolved in favor of the temporary employee. No, they cannot fire her if she submits her maternity leave on time and according to the law.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Is it possible to leave under the Labor Code of the Russian Federation?

In accordance with the current legislation of the Russian Federation, a woman working on maternity leave can be granted maternity leave, and the employee has the right to refuse maternity leave. It should be noted that doctors do not recommend doing this, because lack of rest in late pregnancy can lead to undesirable consequences.

Important! The procedure for registering maternity leave for women is regulated by Articles 255 and 256 of the Labor Code of the Russian Federation.

The rules specified in them also apply to employees working under a fixed-term employment contract while the main employee is on maternity leave.

140 days for a normal singleton pregnancy;
156 days for childbirth with complications;
194 days for multiple pregnancy.

A woman can take maternity leave after the 30th week of pregnancy. Girls expecting twins can start at 28 weeks. You can calculate the release date using the online calculator.

The process of going on labor leave from maternity leave has several features.

The main one is the urgency of the employment contract drawn up between the employer and the employee.

The agreement must indicate a specific time period and expiration date, that is, the period during which the main employee will care for his child.

The woman replacing her on maternity leave can only go on maternity leave if the previous employee has not returned to work at the time of maternity leave.

It is important to note that if the end date of a fixed-term employment contract falls during the employee’s period of sick leave, which was issued in connection with pregnancy and childbirth, the agreement is extended until the birth.

A woman on maternity leave can be dismissed after the main employee begins to perform her job duties.

We recommend reading: About maternity leave for workers under a fixed-term employment contract, the article indicates when you can be fired and when you need to apply for maternity leave.

A temporary worker goes on maternity leave: when can he be fired and how to do it correctly?

Each employer has the right to hire another employee to fill the vacated position during the employee’s maternity leave. The employment period is extended until the main employee actually returns to work. A situation may arise related to a temporary worker going on maternity leave. The employer must be prepared for it, and special attention must be paid to decision-making.

This is important to know: Are days off on vacation paid?

Useful video

Watch a useful video on the topic of going on maternity leave:

Can a pregnant woman be fired if she is on maternity leave?

Yes, in some cases it is possible to fire a pregnant woman if she is working under a fixed-term employment contract on maternity leave; the labor code allows this.

Dismissal on maternity leave is permitted:

if the main employee returns from maternity leave to her position ahead of schedule (if the replacement conscript did not have time to take out sick leave, she can be fired);
if the term of the fixed-term contract ends before the start of the maternity leave, and the main employee returns to her place.

If the employer finds out about the pregnancy of a conscript working on maternity pay, and the woman, who is on vacation, does not yet return to work, then the employer cannot fire the pregnant woman.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

He must provide her with leave until the end of childbirth; if, at the end of her maternity leave, the main employee does not go to work, that is, the fixed-term contract does not terminate, then maternity leave is also provided.

Can the maternity rate differ from the basic rate: who faces a fine of up to 50 thousand rubles?

The real case of the company is in the lawyer’s description.

At the beginning of the year, two clients approached us with similar situations. In the first case, the employee was going on maternity leave, and the employer planned to hire a temporary person, but for a different position and salary. In the second company, the woman was also approaching her vacation time, and the “conscript employee” had already started working. And also with a different salary.

Why do companies use this option? The state is trying to help expectant mothers; benefits and compensation are increasing. This is correct, and we support the social orientation of our country. But for business, maternity leave is one of the most difficult topics. By providing all guarantees, employers want to send their employees on vacation on time and continue solving business problems. Naturally, taking into account the costs of the wage fund, other benefits and registration of procedures, we have to look for ways to optimize. Our stories are one such attempt.

Let's see if this decision is dangerous? Alas, yes.

Firstly, by drawing up a fixed-term contract at a “maternity rate”, you hire a person to perform the duties of an employee who has gone on vacation. Art. reminds us of this. 59 of the Labor Code of the Russian Federation. Secondly, setting different wages also does not bode well.

If an inspection reveals a discrepancy during an inspection or the person himself files a complaint, you will have to increase the salary to a higher level and also pay a fine for violating Art. 22 Labor Code of the Russian Federation. Let me remind you that this article talks about equal pay for work of equal value, because a temporary worker will perform the same functions as an employee going on vacation. This means he should receive the same amount.

Failure to comply with this norm is fraught with a fine for the manager of up to 5 thousand rubles and for the company - up to 50 thousand rubles.

By the way, as for the already accepted person in the second situation, this option also has nuances.
The reason for concluding a fixed-term contract appears precisely when the main employee goes on maternity leave, so there is simply no reason to hire a person earlier. In essence, the employee takes a temporary position that has not yet become available. Meanwhile, the law does not regulate such an algorithm in any way, so you have to act based on possible risks. What to do in this case? One possible way is to hire a temporary employee for a different position and on a different basis of urgency. For example, design it to work on some project. And here it is important to correctly formalize the project: its beginning, goals, deadlines and order of completion. In turn, the responsibilities of the woman who went on maternity leave are given to him in a combined manner. Based on this scheme and two positions, the issue of wages can be resolved.

In the second story, one of the solutions is to conclude two fixed-term contracts . The first will be valid until the day the employee goes on vacation, and the second will be “maternity” itself. But here it is even more important to formalize the reasons for the urgency of the first contract. Without the right justification, the company will face serious risks.

In the event of a legal dispute, the employment agreement may be recognized as indefinite, which means that you will have to cover the maternity rate with other resources. In addition, you also face a fine: up to 20 thousand rubles for a director and up to 100 thousand rubles for a legal entity.

Sometimes we hear a proposal to solve the problem with the help of a civil contract. At first glance, it seems more attractive, because it is not tied to the staffing table and the availability of vacancies.
But in this case we are talking about the performance of certain work, and there should be no signs of labor relations in it. Supervisory authorities are actively studying this method, and courts are increasingly considering GPC agreements to be labor contracts at the slightest hint or shortcoming on the part of the business. Naturally, the company bears all the risks associated with this. Of course, you can follow the client’s path. But this is associated with a chain of large labor costs and without a guarantee of success. For example, evidence is needed to confirm that the employee performs only those duties that the person who went on vacation had. And in this case, justify why there are different positions and different salaries. As a result, each new step in such a “chain” will require new compelling arguments. So, it seems most optimal to open a position with the same job title and salary, so as not to create additional risks from scratch.

What needs to be done to apply for maternity leave?

The first thing you need to do if you are going on maternity leave is to notify your employer in advance.

This is necessary so that the company’s management can find a suitable replacement for the employee for this position and prepare the correct documents.

Only after this you need to begin collecting and preparing the necessary documentation.

sick leave;
statement;
certificate of wages received over the last 2 years.

The main document on the basis of which vacation is issued is sick leave. The process of obtaining a certificate of incapacity for work is quite simple - a pregnant woman should contact the gynecologist in charge of the pregnancy to request its registration. It is important to note that the document must be issued by a government agency.

Important! The sick leave certificate indicates the confirmation of pregnancy and the period during which the girl is entitled to leave.

An application for leave does not have a unified form, so it can be drawn up on an A4 sheet or company letterhead.

The document displays the following information:

Company name;
Full name of the addressee;
name of the paper;
Full name of the woman;
the main part is the text of the appeal, which indicates the desired period of provision and duration of leave;
indicating the need to pay appropriate benefits;
Date of preparation;
signature.

After preparing the documentation, it should be handed over to the employer. He is obliged to consider the request and papers within 10 days from the date of their receipt. See payment terms here.

Is maternity benefit paid?

Registration of maternity leave under any circumstances is accompanied by the accrual of appropriate benefits. This is also true in the case of receiving sick leave at the rate of an absent position.

Previously, it was stated that in order to go on leave under the BiR it is necessary to provide a certificate indicating information about the salary received over the last 2 years. The document is required to calculate financial assistance.

If a woman has been working in a temporary job for less than 2 years, she should apply for a certificate from her previous place of employment. Otherwise, the benefit amount will be calculated in accordance with the minimum wage.

In addition, employees who were registered in the early stages of pregnancy - up to 12 weeks - can count on additional financial assistance. In 2021 it is 655.49 rubles.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

If the main employee goes to work before the start of maternity leave for the woman on maternity leave, then a dismissal is issued and no benefits are assigned.

Procedure for registration of maternity leave

The question of whether it is possible to go on maternity leave at maternity leave has been resolved. Now you need to understand how to design it correctly.

There are three main documents that a pregnant woman on maternity leave should know about:

sick leave;

certificate of salary amount;

application for sick leave.

You can get sick leave in both public and commercial clinics. The document is issued on the same day that the maternity leaver applied, by the gynecologist of the women's department, who is assigned to the expectant mother.

Then you need to contact the accounting department of your actual place of work to obtain a certificate of income for the last 2 years. If the employee's total length of service is less than 6 months, then the calculation is based on the current minimum wage. This document is required to apply for benefits.

The last stage of registration is drawing up an application. The document is drawn up in the name of the boss, who must make a decision within 10 days. Additionally, the received sick leave certificate and salary information are attached to the right.

This is important to know: How many days before the vacation is the application written?

Requirements:

a “cap” is drawn up on top: from whom and to whom it is sent;
the text indicates the current position of the personnel and the need for the required sick leave and payment;
the style must comply with the rules of official documents.

Can a pregnant woman be fired before maternity leave?

When a company employee goes on maternity leave, internal problems begin for the employer, since according to the law of the Russian Federation he is obliged to hold a place for a woman, pay her maternity benefits, and maternity leave. And among other things, look for a temporary worker in her place, who is unlikely to agree to work in a maternity position, since many want to find a permanent and stable job. Therefore, when a woman finds out that she is expecting a child, she may have a question: can a pregnant woman be fired before maternity leave?

When is the dismissal of a woman in a position considered legal?

In fact, they can terminate the employment relationship with a pregnant employee, but at the same time they must provide her with another open vacancy, in accordance with Art. 261 Labor Code of the Russian Federation.

Also, the employer, relying on Art. 261 of the Labor Code of the Russian Federation, can terminate the employment relationship with a pregnant woman if at that time he or his company is declared bankrupt, or the organization or individual entrepreneur is liquidated.

Moreover, there is another legal way for a woman in a position to vacate her position - if the employee is not satisfied with the position offered by management, in accordance with clause 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, she has the right to leave work on her own initiative.

There is no place for blackmail and threats in this case, since a woman can apply for protection of her rights to the state labor inspectorate, and she will not only be reinstated in her position, but will also be held accountable by her superiors. Therefore, in any solution to the issue there must be a legal order.

Do not forget that if an employee of the organization was on a probationary period before she found out that she was pregnant, then she cannot be fired either. She must be immediately added to the company's staff.

Violation of the rights of a pregnant woman at work

Many pregnant employees are concerned about the question of what to do and where to go if they encounter legal injustice. There is only one answer - to achieve your rights by turning to work. inspection, prosecutor's office or court.

If the boss is unable to explain at the legal level the reason for the illegal dismissal of a pregnant woman, then he faces:

criminal liability - under Art. 145 of the Criminal Code of the Russian Federation, fine up to 200,000 rubles.

In addition, the senior official will be forced to pay compensation to the employee for absenteeism caused by the employer and for moral damage caused.