What rights do a pregnant woman have at work?

The right to work

An employer cannot refuse to accept a woman for a vacant position because of pregnancy. If they do not want to hire an employee because of an interesting situation, this is discrimination. The offender will be prosecuted: he will pay a fine or will be sent to community service.

A pregnant woman can be refused if her educational level or work experience does not meet the requirements of the employer. He must give a detailed answer in writing why the woman was refused. It is usually explained that the candidate did not pass due to a low level of qualifications.

Also, a pregnant woman can not be taken to work where working conditions are too difficult or do not meet safety requirements.

When a woman is accepted, she starts work without a probationary period. If the employee hid the pregnancy from the future boss, this is not considered a violation. There is no violation on the part of the employer who has established a probationary period, not knowing that the woman is in a position. But he will have to prove that he did not know about the state of the employee.

A woman who becomes pregnant during a probationary period cannot be fired, even if she does not pass the probation. To stay in the workplace, she must provide a certificate from the hospital.

Easy labor

Pregnant women have the right to easier work. That is, a woman can ask for a reduction in workload. The rate of production or service should be changed: allow fewer customers to be served in a certain time, make fewer parts, and so on.

The pregnant woman must also be transferred to another job, where there is no influence of adverse factors:

noise with a volume of more than 60 decibels;
hazardous chemicals;
substances with repulsive and disgusting odors;
vibration, ultrasound;
draft and so on.

In this case, the employee cannot:

pick up objects from the floor;
walk more than 2 kilometers;
work in conditions where clothes and shoes get wet;
work squatting, kneeling, bent over;
constantly lift weights more than 1.25 kilograms.

These and other norms are fixed in the sanitary rules, as well as in the hygienic recommendations for the employment of pregnant women.

If we take into account all the sanitary standards, it turns out that even at a computer, a woman in a position cannot work more than three hours a day.

Despite the easing of working conditions, pregnant women should be paid average wages.

Special mode of operation

Pregnant women will not only have a lighter load, but also a more flexible work schedule. They cannot work on a rotational basis and travel on business trips. It is unacceptable for a woman to be involved in such work, even if she herself wants to.

And the Labor Code also prohibits coming out on shift:

at night;
overtime;
on the weekend;
during the holidays.

An employee in a position can qualify for a short work week or shift. Or combine a short week with part-time work. It is enough to ask the employer about this and provide a certificate from the hospital. This does not affect the vacation and work experience, but they will pay exactly as much as the pregnant woman has worked.

Hospital leave

The Ministry of Health established that for the entire period of pregnancy, women should visit:

obstetrician-gynecologist - at least seven times;
therapist - at least twice;
dentist - at least twice;
otolaryngologist and ophthalmologist - at least once;
other specialists - according to indications.

You can go to the hospital on weekdays from the earliest stages of pregnancy. The Labor Code does not limit the number of doctor visits.

The employer should not force the employee to go on vacation or take days off without pay. The pregnant woman will continue to pay the average salary.

Annual vacation off schedule

To get a vacation, a new employee must work at the company for at least six months. Pregnant women are an exception. They can take a vacation at any time. The woman determines the dates herself and may not check the vacation schedule of colleagues.

The manager does not have the right to call a pregnant employee at work to work, even if she agrees and has confirmed this in writing.

Similarly, the law prohibits taking monetary compensation for leave during this period.

Prohibition on dismissal

The employer, with all the desire, cannot fire a pregnant woman, even if she skips work without good reason. The maximum that a leader can do is to issue a reprimand or reprimand.

A pregnant woman can be fired without consequences in two cases:

If an individual entrepreneur or a company ceases to exist.
If the employee is working as a replacement, and the contract expires. But the employer must offer another job. Moreover, you need to show all the options that are in this area, even if the position is lower, and the salary is less. An employer can offer a place in another city or region if it is provided for by an agreement, labor or collective agreement.

If a fixed-term employment contract expires for an employee, she may ask to extend it until the end of the pregnancy. If desired, the employer can include maternity leave in this period. In response, the woman needs to provide a certificate from the hospital every three months, proving that she is still in position. As soon as the boss finds out about the birth, he can terminate the contract.

A pregnant woman can leave work at her own request. And at the same time, do not work out for two weeks.

Payment of benefits

There is no conventional concept of “maternity leave” in the legislation. There is maternity leave, it is issued as a sick leave. Depending on the circumstances, it can last:

140 days is the standard term for the birth of one baby;
156 days - if childbirth was difficult;
194 days - with multiple births (twins, triplets, and so on).

During this time, the woman is paid a maternity allowance. Or, more simply, "maternity". This year, the Social Insurance Fund has increased the amount of payments.

The maximum size is 282,493.40 rubles for 140 days. The amount is determined depending on the mother's earnings for two years. A woman can claim the maximum amount if she earned 755 thousand rubles in 2017, and 815 thousand in 2018.
The minimum amount is 51,919 rubles for 140 days.

If twins were born or the birth was difficult, the payout will be higher. They will be increased depending on how many days it took to spend on sick leave.

After maternity leave, there is a parental leave. It can last until the baby is three years old. The mother retains a job, and the vacation time is counted in the seniority.

While the baby is less than one and a half years old, the woman receives a childcare allowance every month. The amount of payments is 40% of the mother's earnings for two years.

A woman can work at home or go out on a part-time basis. So she will receive both benefits and wages.

When the child gets older, the mother receives only compensation - 50 rubles a month. This amount will be paid to her until her son or daughter is three years old.

If the rights of a pregnant employee are violated, she has the right to apply to the prosecutor's office, the state labor inspectorate and the court. You can submit a complaint to the listed authorities both simultaneously and separately.

In this case, it is necessary to attach documents confirming the violations (including written explanations of witnesses). In the event of a negative decision, it is possible to appeal it by contacting a higher authority.