Working hours for pregnant women according to the Labor Code

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

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

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

Are working hours reduced for pregnant women?

According to Art. 254 of the Labor Code of Russia, an employee has the right to apply for a shortened day if there are appropriate medical indications. The latter also includes pregnancy.

Thus, the employer must take the following actions in order not to violate the requirements of labor legislation:

reducing the duration of a shift on the initiative of a woman;
reduce the production standard if it is present in production;
transfer the expectant mother to another position with easier conditions;
protecting the employee from harmful (dangerous) factors that can affect the pregnant woman and the fetus.
if necessary, take time to find a suitable place, the employee is relieved of her job duties, but continues to receive a salary.

Thus, despite receiving preferences from the employer, a woman in a position retains her earnings.

Moreover, even if it is necessary to undergo examination or treatment in a hospital, she retains her position and payments.

Art. 93 of the Labor Code of the Russian Federation establishes a procedure for reducing time at the workplace. It directly depends on the wishes indicated in the personal statement of the subordinate.

Thus, the employer has the right to reduce:

shift and maintain the number of working days in a week;
shift with a week;
a week if the shift remains unchanged.

If the reduction concerns a day, then payments in connection with the vacation are not withheld. Experience is also calculated without adjustments. A pregnant woman’s earnings, as before, will depend on output in the form of work performed or hours of employment.

How to correctly write an application for a shortened working day?

An application to reduce a working day or week must be written to the immediate manager of the enterprise and contain the following information:

Which form of shortened time have you chosen?
The number of days or hours you would like to reduce;
The dates from which you wanted to be transferred to part-time work.

The application must be accompanied by a certificate from a gynecologist about the imminent addition to the family, and the timing does not matter.

When are pregnant women provided with employment benefits?

Any pregnant woman, regardless of the stage of pregnancy, can request a change in the length of the working day. Preferences are required to be provided both in the first weeks and before going on vacation under the BIR.

To obtain privileges, the employer will need to present a document issued by a gynecologist at a medical organization. The latter can be obtained in the form of a standard certificate from the antenatal clinic.

It is not the employee's responsibility to request privileges. She has the right to refuse preferences in accordance with the Labor Code of the Russian Federation and continue to work as before.
To do this, it is enough not to submit a corresponding application.

All the above rules apply equally to any form of organization: budgetary institutions, entrepreneurs, commercial structures.

The procedure for establishing a work schedule for pregnant women

The initiative to establish a work schedule for pregnant women different from that accepted in the organization and prescribed in internal local regulations should come exclusively from the woman. An employer, regardless of the form of ownership and business system, does not have the right to initiate a shortened day for pregnant women or a shortened week.

Algorithm for reducing working hours for pregnant women

While expecting a baby, an employee can exercise the right to use a convenient work schedule during pregnancy, regardless of timing and well-being. To exercise this right, all that is required is confirmation of pregnancy with a certificate from an outpatient facility and a written application to the administration. Updated working hours for pregnant women are established according to the following scheme:

The expectant mother writes a statement expressing her request:
enter an incomplete week indicating specific working days or additional days off;
establish a work schedule during pregnancy with a reduction in shifts and the number of days occupied in the labor process.

The head of the enterprise imposes a resolution within three days with registration:
an additional agreement to the concluded contract prescribing a new labor schedule.

In addition to the pregnancy certificate, the woman is not required to provide any additional documents. A written statement of any format is a kind of “order” for the manager, which does not give the right to non-fulfillment. A request is equivalent to a requirement, since its fulfillment becomes the responsibility of the employer’s management.

Application for reduction of working hours for pregnant women

There is no unified form for writing an application. The document is drawn up according to a standard template with the mandatory inclusion of the following information:

Indication of the addressee - the first person of the company in the dative case, full name and position held by the employee in the genitive case.
Link to the norm of the Labor Code of the Russian Federation, which gives pregnant women the right to reduce their working day (week).
The period of establishing an individual work schedule during pregnancy. TC contains only the maximum limiter, which should be understood as the entire period of pregnancy. However, a woman has the right to use any part of the period provided, and the remaining time to work as usual.
Detailed working hours for pregnant women, for example:
6-hour work day from 10.00 to 18.00;
lunch break from 13.00 to 14.00, technical breaks: from 11.30 to 12.00 and from 15.30 to 16.00.

Date, signature of the pregnant woman and attachment of the only document issued by the medical institution.

The employer does not have the right to make adjustments, except for indicating as the time involved in work that does not coincide with the organization’s work schedule.

How much is the working day reduced?

The Labor Code of the Russian Federation does not establish specific requirements for shortening the day for pregnant women. The number of hours is determined individually depending on the wishes of the employee and the capabilities of the employer.

Most often, a woman can count on 1-2 hours or an additional day off.

Sometimes pregnancy occurs with complications. Then preferences should be established taking into account the following time standards:

acquisition by an employee of 1-2 groups of disability - the working week is no more than 35 hours.
a minor employee – similar to the previous case (up to 35 hours).

The reduction in time should not affect the duration of vacation or maternity period.

Dismissal of a pregnant woman in 2021.

Establishment rules

According to the Labor Code of the Russian Federation, the working day for pregnant women can be shortened as follows:

the week remains full, the shift is subject to reduction;
the number of working days per week decreases, but the shift remains full;
Both the shift and the number of working days per week are reduced.

How many hours a day a pregnant woman is supposed to work and how much reduction should be made - this is not stated in the law. Each situation is considered individually, and the employer discusses such issues with the employee.

In practice, this happens like this: the working day or shift is shortened by 2 hours, or an additional day off is provided. Also, the employee should be freely allowed to see a doctor if necessary.

Here are some nuances that both parties must take into account when reducing working hours during pregnancy:

if a pregnant employee has a disability, working hours are reduced by at least 5 hours per week;
if the work shift/day is shortened, the pregnant woman will lose part of her income;
a woman receives maternity benefits in full , a reduction in work schedule does not affect their amount in any way;
a reduction in working hours also does not affect the duration of annual or maternity leave;
Annual paid leave is also paid in full and cannot be reduced due to the employee's reduced schedule during pregnancy.

To take advantage of all the privileges of a pregnant employee, as well as express your request for a shorter working day, you must contact the head of the company with a statement.

The procedure for remuneration for work during pregnancy.

With a shortened day, your salary may decrease. This action is carried out in accordance with the principles of payment calculation (hourly, based on performance).

If earnings depend on the hours spent at work, then a decrease in income is directly related to a decrease in working hours. If a pregnant woman receives income that depends on the result, then the woman has the opportunity to keep the income to the family budget in full when developing the norm.

By the way, the latter can also be adjusted at the request of the employee in the situation.

The benefit does not affect the amount of vacation pay and maternity benefits. However, changing the schedule may have a slight impact on the indicated amounts.
The fact is that when calculating maternity benefits, average earnings over the last 24 months are taken as a basis.

Transfer to light work

Management may also make another decision - transferring a pregnant employee to light work. For a woman, this is the most acceptable option, since part of the burden is removed from her, and her salary is paid in full.

Under what conditions can a woman be transferred to light work? According to the legislation and recommendations of the Ministry of Health, the list includes:

work that is performed with constant tension in the abdominal muscles, legs, or requires a certain posture that is uncomfortable for pregnant women and jeopardizes pregnancy;
constant load associated with working on conveyor belts or using foot pedals;
work that requires systematic bending of the body by more than 15°, with the front upper half of the body resting on the work equipment or machine;
work that requires constant nervous tension and emotional stress.

In addition, restrictions apply to the following types of work:

lifting and moving heavy objects during the work shift;
work in unheated, hot, unventilated, damp, unlit areas;
working at a computer, in drafts, associated with sudden changes in pressure, temperature (divers, flight attendants) or getting the uniform wet;
exposure to vibration, ultrasound, radiation, chemicals in the workplace;
duration of walking and posture during the shift.

Under such conditions, the boss not only can, but is also obliged to transfer the woman to light work, removing part of the load from her. If the enterprise does not have such places, then the employer must remove the burden from the woman by removing her from work while maintaining her average earnings. This is a legally justified exclusion, according to which the employer does not have the right to force pregnant women to work in difficult and threatening conditions, but at the same time is obliged to pay for such forced idleness.

If the transfer does happen, but you are not satisfied with the working conditions, or the job does not correspond to your qualifications, you may well refuse it by writing a written justification to the employer. This refusal in no way constitutes grounds for your dismissal; remember, you can dismiss a pregnant woman only with her written consent.

Transfer to light work while maintaining pay does not in any way affect the benefits and rights specified in the technical specifications and the collective labor agreement.

What to do if the employer refuses to accept the application?

If the employer, for any reason, refuses to alleviate the situation of a pregnant employee, then the latter has the right to file a complaint with the labor inspectorate.

If the check does not bring the desired result, then the only option left is to file a claim in court. There is no state fee for consideration of such cases.

The main thing is to remember that the employee’s work shift should not be cut short without permission, without notification and an appropriate decision from the employer.

Leave for pregnant women before maternity leave: how many days are required?

Remuneration under this schedule

The law does not oblige the employer to pay a pregnant employee according to her previous salary if the working day is reduced. It follows that payments may be reduced according to the applicable payroll option:

according to the number of hours worked in production - wages will be calculated according to the time worked, taking into account the tariffs adopted in production;
according to the volume of work performed - in this case, the employee still has a chance to retain her previous salary if she meets the daily production standard.

Important: the reduction in payments does not affect the amount of vacation and sick pay, only if you stay on an individual work schedule for a long time, they may decrease slightly.

This decrease is due to the fact that when calculating payments, income is taken for the last 2 working years.

Normative base

Article 254 of the Labor Code of the Russian Federation stipulates that an employee for medical reasons can apply for a reduction in working hours. Pregnancy is one of these indications. The employer has the following obligations to the pregnant woman:

Reducing the duration of a shift at the request of an employee.
Reducing production standards, if they are present in production.
Transfer to a workplace with the most favorable conditions.
Protecting the employee from harmful and dangerous types of production that can negatively affect the woman and the fetus.
If it takes time to find a suitable vacancy for an employee, she is released from dangerous work throughout the entire period, but receives a full salary.

IMPORTANT! Despite the change in the work schedule, the pregnant woman retains her full salary. If an employee needs to undergo examination or treatment in a hospital setting, she retains her original job and salary for the entire period.

https://www.youtube.com/watch{q}v=dO2gJ5_rRLQ

Article 93 of the Labor Code of the Russian Federation stipulates the procedure for reducing shifts. It is determined depending on the wishes specified in the employee’s application. The employer can reduce:

shift while maintaining a full week;
shift and week.
week while maintaining the same shift duration.

Similar benefits are provided to the following groups of persons:

People who have adopted children.
Persons with registered guardianship of a child under 14 years of age.
Employees raising a disabled child under 18 years of age.
Persons caring for sick relatives (a medical certificate will be required to receive benefits).

ATTENTION! When working hours are reduced, there is no deduction of vacation pay. The length of service is calculated without changes. Salaries are calculated in the same manner: based on hours worked or the totality of work performed.

How are shortened shifts paid?{q}

Wages may decrease if working hours are shortened. The order of its reduction depends on the calculation principles:

Based on the number of hours worked.
According to the volume of work performed.

In the first case, the size of the reduction is determined by the number of hours by which the shift was reduced. In the second case, a woman can maintain the same salary level if she fulfills the required quota. However, this norm is also reduced at the request of the pregnant woman.

The benefit has almost no effect on the amount of vacation or maternity pay. However, if a woman worked according to a modified work schedule for a long time, the amount of payments may be slightly reduced.

This is due to the fact that when calculating maternity benefits, the average salary for the last two years is taken into account. During the period of validity of the benefit, it may decrease, which will affect the final result of the calculations.

The employer does not have the right to refuse to provide the required benefits to a pregnant woman. If he refuses to change the schedule, it makes sense to contact the labor inspectorate. If after checking nothing changes, you should go to court. Such cases are dealt with without payment of fees to the workers. You cannot reduce your shift on your own, as this may be perceived as absenteeism or tardiness, which will give grounds for dismissal.

First scenario.

The working hours for pregnant women in such a situation, i.e. schedule, shifts, days off, etc. - everything is regulated in the usual routine manner. Regulation is based on the Labor Code, employment contract, job description, and other local acts.

But there will still be some features.

A pregnant woman cannot be fired, even if she skips a work shift or commits other misconduct. The dismissal of pregnant women is expressly prohibited by the Labor Code of the Russian Federation. Besides:

Business trips are prohibited;
Overtime and night work are prohibited;
Work on weekends and non-working holidays is prohibited;

The last two points are prohibited even with the woman’s written consent. That is, regardless of the chosen work schedule, the working time of a pregnant woman excludes night shifts, work on weekends and holidays.

Second scenario.

A pregnant woman has the right to reduce her working hours. What can be reduced{q}

Duration of work shift (the number of working days and shifts will remain the same, but their duration will decrease);
Number of working days/shifts per week;
Simultaneous reduction in the number of shifts (days) and their hourly duration;

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The woman determines the exact parameters of the new schedule independently. To switch to the new schedule you will need:

pregnancy certificate
application to the personnel department (accounting or others) a written version of the new schedule. It is advisable to prepare the documents in 2 copies, the second one remains with you with a mark of acceptance by the employer. This is in case of any misunderstandings, disagreements, etc.
This is followed by an order from the employer on a new schedule, indicating how many hours the pregnant woman should work, and an additional agreement to the employment contract.

In addition, you should remember:

A woman has the right to write an application to reduce her working hours at any stage of pregnancy.
The right to reduce the working day is applicable to any organizational and legal form of the employer: individual entrepreneur, LLC, government agency, etc.
The reduced working day is included in the length of service, and the necessary deductions for the woman are made in full. The position and workplace are retained.
You can return to your previous schedule at any time.

Try to get a medical opinion from your doctor that you need light work and safe working conditions. In this situation, the employer will be obliged to transfer you to another (light) job, reduce production standards and eliminate hazardous factors.

For example, even working on a personal computer for more than 3 hours a day is officially considered dangerous.

But there is another “trick”. If there is no light work available, you are subject to exemption from work altogether. Both when you are transferred to light work, and when you are released from work, in principle, you retain the average salary for your previous position!

– mechanisms with foot control;

– lifting weights, other lifting above shoulder level;

– conveyor production with a certain rhythm of actions;

– work associated with severe psycho-emotional stress;

– work related to interaction with pathogens;

– work in damp, drafty or unventilated areas;

– work in conditions with sudden temperature changes.

Read more about this in the main article “Labor rights of a pregnant woman.”

Use the days allotted to you for medical examination. Pregnant women have a schedule for visiting a gynecologist, conducting examinations and visiting specialists.

Make full use of it. Days missed from work will be paid.

In addition, no one forbids a pregnant woman to go to the doctor “every other day or every day.” Measure your blood pressure, make an appointment (classes) with a psychologist (psychotherapist), etc. Most importantly, do not forget to take certificates.

Thus, the answer to the question of how many hours a pregnant woman should work is regulated by Art. 93 Labor Code of the Russian Federation. At any time, a woman has the right to switch to a reduced working day, as well as return to the previous schedule.

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Working hours standards for pregnant women

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

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

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

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

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

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

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

Application example:

Sample employee statement

Visiting a doctor at the antenatal clinic

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

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

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

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

Time standards and reduction of its duration

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

Shortening the day (shift)	The number of working days does not change, but their duration decreases	6 hours instead of 8
Shortening the working week	The length of the working day does not change, but the number of working days decreases	Working days are Tuesday-Thursday instead of Monday-Friday
Shortening both the day and the week	The duration of each working day and their number are reduced	Work 6 hours from Monday to Thursday

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

Establishment of part-time work

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

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

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

How are salaries calculated for minors? See here.

How to fire a single mother with a disabled child? Read here.

Documentation

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

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

Example of an additional agreement:

Payment nuances

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

The legislator does not make exceptions for pregnant women.

The fact of changes in wages is reflected in the additional agreement to the employment contract. An employee does not have the right to demand that her employer maintain her previous salary if she has signed a part-time agreement.

Recording hours worked on a timesheet

The legislator does not establish a minimum limit for part-time work for a pregnant woman. As, in fact, the “ceiling”.

They are determined by the parties independently. This agreed time is entered into the timesheet. This is necessary for correct payment calculation. If summarized records are kept or the work schedule is flexible, then the time actually worked each day is entered on the timesheet.

The time of completion of the mandatory medical examination is also noted on the report card on the basis of a supporting document.

A special cipher is used for this. Since payment for this period is made in the amount of average earnings, it is taken into account separately.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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What exactly should be mentioned in this statement?

Be sure to indicate by how many hours, as well as in what mode (shortening the work shift, working week, or both) you want to reduce your working time. Clearly define the time limits (from a week to several months) within which you plan to work reduced working hours.

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Mention that you have a medical certificate from the antenatal clinic documenting the fact that you are pregnant (it will need to be attached to the application). It is better to prepare this petition in at least two copies. One is given to the manager, the second, with a special note from the personnel service about the acceptance of the document for consideration, will remain in the applicant’s hands.

It should be understood that a pregnant employee does not have the right to begin working on an “updated” schedule until her employer has prepared all the necessary official documents. Among them:

an appendix to the current employment contract with a detailed description of the new work schedule and an indication of the salary established for a specific employee;
a special order on the entry into force of the above changes.

Otherwise, the employee can be legally held accountable for violating internal labor regulations, even despite her pregnancy. However, if the employer is in no hurry to complete the necessary documentation on time or completely denies the expectant mother her right to work according to a special schedule with a shortened work week, it will be possible to sue him. To do this, a pregnant employee will only need to submit a corresponding application to the labor inspectorate.

What rights and benefits do pregnant women and young mothers have at work? Look for answers in the video consultation:

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Registration procedure

The following stages of shortening a shift or work week can be distinguished:

A pregnant woman turns to the antenatal clinic for a certificate of status.
Contact the company's HR department.
Submitting an application in writing (a medical certificate is attached to the application).
Leaving the resolution on the application.
Preparation of an additional agreement to the employment contract in two copies and its signing by the employer and employee.
Issuance of an order regarding changes to the work schedule.

The order also requires a statement of the procedure for changing the calculation of wages.

Application example

The application is not standardized and can be drawn up in free form. However, it must contain all the necessary information. When compiling, you can use the following example as a guide:

To the director of Orion LLC, V. B. Zaitsev, from project manager E. I. Sidorova.

/Sidorova/ Sidorova E.I.

At the end of the application, a signature and date of preparation must be affixed. The exact content of the document depends on the wishes of the employee. For example, it may require a four-day workweek with an additional hour reduction in shifts.

ATTENTION! The document is drawn up in two copies. One of them remains in the personnel department, the other is in the hands of the employee. The second copy bears a mark indicating registration of the application in the appropriate journal. This is necessary to confirm that the paper has been submitted.

The application may contain additional requirements. For example, if an employee does not want to reduce her shift until her pregnancy is over, she can ask for a change in her work schedule for a few months or weeks.

What does the law say?

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

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

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

Normative base

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

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

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

Rights and guarantees

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

inadmissibility of refusal to hire on the grounds of pregnancy;
provision of paid maternity leave;
ban on dismissal;
the ability to use annual leave outside of the schedule;
refusal to travel;
reduced work schedule;
translation into “light work”, etc.

Part-time working hours for pregnant women according to the labor code are established at their request. This is a right that a woman can exercise. Or don't use it. The employer cannot force her to transfer to another regime.

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

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

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

Employer Responsibilities

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

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

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

The legislator prohibits engaging her in work:

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

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