Pregnancy is the most magical event in a woman’s life. After the storm of emotions calms down somewhat, the question arises in your head about when to talk about pregnancy at work and how the team will react to such news. Indeed, despite the fact that pregnancy is a purely personal matter for a woman, it worries not only her, but also her employer. After all, being an employee in this position means frequent requests for time off, sick leave and, of course, ultimately, maternity leave. We’ll talk about when to talk about pregnancy at work and how to do it correctly in the article below.
Can jinx it
It is believed that the first three months of pregnancy are very risky in terms of accidental abortion. It is before 12 weeks that miscarriages and frozen pregnancies most often occur, so it has long been believed that before this period a woman should not talk about her situation and should be carefully hidden from others.
As for the office environment, gossip, annoying questions and sidelong glances can begin here in the same way. And this, in turn, is stressful for you. Therefore, many women believe that they are not obliged to inform their superiors and colleagues until the very end. This attitude is wrong, first of all, because the employer has the right to find out in advance about the upcoming maternity leave and think about replacing you. You'll still have to talk about pregnancy at work someday, so don't put it off until too late.
When should you notify your employer of your pregnancy?
Every employer, due to professional ambitions, would not want to lose a valuable employee. Of course, the current situation may initiate a number of changes and difficulties in work. However, a pregnant employee must inform management of her special situation as soon as possible.
Must be notified as soon as possible
To do this, you must provide the HR department with a certificate confirming your pregnancy from a medical institution. Such a certificate is registered in accordance with all the rules for maintaining internal documentation - assigning a number and adding it to the employee’s personal file. A duplicate of the certificate, certified by management and endorsed by the HR department, would not be amiss. This will help avoid further disputes regarding the timely provision of documents.
When is it still worth telling?
So, as we already wrote above, during the first 12 weeks a pregnant woman is very vulnerable, so if the pregnancy is going well, there is no point in telling anyone anything, especially since the belly is not yet noticeable. Another thing is when a woman suffers from severe toxicosis with gusts of vomiting, it is simply impossible to miss such a state of her colleague. Here, in any case, you will have to talk about your condition and perhaps even ask for time off to see a doctor.
When is it legal to tell your employer about pregnancy? The Labor Code does not have clear regulations on this matter. Therefore, a woman should choose the time for notification at her own discretion. It is advisable to do this after registering for pregnancy.
When should a working woman register with a housing complex?
As a rule, for a pregnant woman, the most optimal period for registration is considered to be 7-8 weeks. But not all working women are comfortable constantly asking for time off from work and standing in queues at the clinic. Moreover, if you want to hide your condition for the time being. In this case, you can take a vacation at your own expense and calmly go through all the specialists.
If you can’t take a vacation, and frequent absences only irritate your employer, you will have to tell him about your situation earlier than you planned, because registration for pregnancy must be no later than 12 weeks.
Pregnancy and work
However, the Labor Code of the Russian Federation does not stipulate anywhere when you need to notify your boss about your pregnancy? How to tell your boss. Here you need to rely directly on the working conditions and work environment. Only you can decide at what time it is best to inform your boss about your pregnancy. If the working conditions are quite harsh and require a lot of effort from you, both physical and moral, of course, the sooner the better. The optimal option is 12 weeks of pregnancy.
There are also many other aspects to consider. For example, visiting a clinic. Now you have responsibilities not only to the employer, but also to your future baby.
You must follow all doctor's recommendations. Before giving birth to a healthy child, you need to go through a difficult path of examinations and other features. You will have to take time off from work to undergo tests, visit doctors, and have ultrasounds. Therefore, the employer must be aware of your affairs in order to calmly release you for all procedures.
It is also worth remembering about ordinary ethics and care, so to speak. During your maternity leave, your employer should probably have time to find a replacement for you. Take care of this in advance. Do not create force majeure circumstances for your boss. In order to keep your relationship on track.
Quite recently, an interesting incident happened to my friend, which relates to this topic. I'll call her Katya. (Name is fictitious). So, Katya was planning to get a new job in a rather prestigious jewelry salon. The work promised to be interesting and profitable
In addition, the employment is official. But the organization is registered as an individual entrepreneur, and the goods in it are not for food purposes, which means the medical examination is not included in the mandatory employment procedure. At some stage of applying for a job, Katya learns the good news about pregnancy. What can we say now? On our part, of course, it’s about luck. After all, a pregnant woman who is employed receives more privileges than one who will be on government support while on maternity leave. What about the bosses? Katya did this. First, she shared her joy with her colleagues. The team turned out to be very good. They tried, if possible, to cover up the contented Katya, who was often absent on “pregnant matters.” After basic examinations and good predictions from the doctor about the course of pregnancy at about 12 weeks, Katya told her manager. Everything turned out to be simple - the manager was happy for the newly hired employee and began searching for a replacement. Now Katya is on maternity leave. And after maternity leave everyone is waiting for her back. Here's the story. Its moral is this: never be afraid to inform management about your pregnancy, even in a case like Katya’s. The main thing is not to hide it for too long, but to do it on time so as not to cause any inconvenience to anyone. There is no need to delay the moment of truth until your belly is already visible and difficult to hide from prying eyes.
The boss is also a person
When you do have to talk about pregnancy at work, be positive and don’t be nervous. Keep in mind that bosses are different, and even someone you know well can perceive information differently depending on their mood. Therefore, before you knock, check once again what kind of spirit he is in.
The gender of the employer plays an important role. You need to speak to men confidently, briefly and to the point. You can provide him with your logical arguments and ways to resolve conflict situations. You can talk to a woman more emotionally, share your experiences. And remember, in any case, the boss is the same person as you, perhaps he will even rejoice at your happiness and offer easier work.
How to prepare for a serious conversation
So, you have chosen the right moment and decided to talk to your employer about everything. What should be done:
- Before the crucial meeting, make a conversation plan. You don’t need to write everything on paper, but if it’s more convenient for you (taking into account the girl’s memory and the emotional background of the pregnant woman), you can make notes on a piece of paper.
- Know your employment rights and responsibilities in advance. In case of disagreements or disputes with your boss, you must understand exactly what you can give in and what is rightfully yours.
- Depending on the communication style between subordinates and management, notify the boss in advance that you would like to talk with him. This can be done by email, through a secretary, or by approaching in person and asking for 10-20 minutes of free time.
- It would be good to take care of the candidate for your place in advance. You can even suggest to your boss that they train him before you leave. This way, you will make your boss’s job much easier, for which you will be grateful.
- After completing the dialogue, ask that all agreements be sent in writing.
Of course, this is just a rough plan. It all depends on the specific conditions and your relationship with the employer.
How to tell your boss
Be guided by your work environment. What is your relationship with your superiors? How did the team react? Or maybe the management is already aware of all the events? Of course, you need to choose the most appropriate time and talk to your boss in person. You should not start the conversation right away by presenting the facts to a higher-ranking person. Start the conversation with your successes at work. Let them know that you are happy with the work and that you like it. Smoothly move on to the family topic. This way you can more gently inform your boss about your imminent departure. Wait until the manager is in a good mood. When there are no tense situations. Things will go uphill.
Before the conversation, think - maybe you can vouch for someone and recommend one of the employees to take your place? This would be a great idea. This way you can smooth out the corners in your conversation and make it easier for your boss to find a replacement. In addition, if your management approves your proposal for a replacement, you will be able to transfer all your affairs to this person before going on vacation. This will make it easier for both you and your boss.
What can a pregnant woman expect in the workplace?
Perhaps the atmosphere at your work is quite friendly, the kindest boss and, accordingly, the entire team will only be glad to know that you are in a position. But if this is still a utopia and you are worried about the negativity addressed to you, know that the official registration of a woman in the workplace guarantees complete protection throughout pregnancy and the entire postpartum period.
Labor rights of pregnant women:
- the rights of pregnant women require, first of all, the loyal attitude of the entire team;
- the manager does not have the right to fire a pregnant woman;
- night shifts, overtime schedules and business trips are excluded for the entire period of pregnancy;
- An employer does not have the right to refuse a woman the right to hire solely because she is pregnant.
In addition to the above, if during pregnancy a woman needs to undergo medical examination in a hospital, despite her absence, working time is counted and paid according to the standards. In addition, the employer is obliged to transfer the woman to easier work.
What is necessary to protect the rights of a pregnant woman?
In order for a pregnant woman to avoid discrimination from an employer, it is necessary to adhere to a certain strategy:
- It is important that all the employee’s appeals and requests have written evidence: statements, certificates, sick leaves. All these documents must be endorsed and signed.
- If the rights of a pregnant woman are violated in the workplace, a complaint is filed with the appropriate authorities: the labor inspectorate, the court or the prosecutor's office.
- Also, to appeal a refusal of employment to regulatory authorities, you must have written confirmation: a copy of the dismissal order, an employment contract, a work record book.
- According to the law, a woman is not required to report her pregnancy at the time of employment. However, in the future, she needs to inform management about her condition in order to receive appropriate working conditions.
Protection of rights is important.
By observing all the above rules, a woman can count on a responsible attitude towards her on the part of her employer. And in case of violations, having all the necessary documents, a pregnant woman can not only retain her job, but also force management to act within the law, and achieve compliance with legislative norms.
But it’s worth considering that some employees prefer to manipulate their rights and often their bosses, not wanting a legal conflict, agree to such conditions. A pregnant woman should take into account that the relationship between her and her employer may become more complicated, and she risks losing her job as soon as her grace period ends. Therefore, it is necessary to comply with the limits of what is permitted - not to shirk the performance of work duties unnecessarily and to maintain one’s reputation as a qualified and responsible employee.
Who pays for maternity leave: legal subtleties
According to the law of the Russian Federation, every pregnant woman who officially gets a job has the right to maternity leave. Do not confuse maternity leave with parental leave. The duration of this rest period is 140 calendar days (70 before childbirth and 70 after), in cases where the pregnancy is multiple, the duration of leave increases to 194 days (84 days before childbirth and 110 days after), in case of complicated childbirth, postpartum leave cannot be less 86 days.
When should I bring a pregnancy certificate to work? It doesn’t matter when exactly you notified your superiors about your pregnancy, since the required leave is granted for a period of 30 weeks, it would be more correct to provide the appropriate certificate and personal statement well before the expected period.
So, who pays for maternity leave? All benefits and payments to pregnant women and women who have recently given birth are paid not by the employer, but by the Social Insurance Fund (SIF).
Taking into account the situation: attitude towards pregnant women at work
When deciding when and to whom you should inform about your pregnancy, of course, you must proceed from the situation at your work. If, for example, you are in good standing with your superiors and have excellent relationships with your colleagues, then there is no point in worrying about this: your colleagues will only be happy for you, and your superiors value good employees. The only thing your employer can do and will probably do is ask when exactly you plan to go on maternity leave (according to the Labor Code of the Russian Federation, such leave is granted 70 calendar days before the birth, and in the case of a multiple pregnancy - 84 calendar days day) and will try to interest you in returning to work as soon as possible.
In any case, you should not delay in informing management about your new status as a future mother.
Natalya: “In the room where I worked, there was a very friendly group of women, so they found out about my pregnancy right away. And since the director’s wife was sitting with us, the management was also aware. And I was very surprised by the director’s call to my home phone in the evening, when he offered to buy me a new monitor so that the radiation would be less. The gestation period was then about 15 weeks.”
Marina: “I told the team about the pregnancy myself at a corporate New Year’s party, I was going to register with the antenatal clinic and immediately go on sick leave until maternity leave. And so it happened. The bosses reacted normally to my message, but they were sorry to lose me. I am quite professional in my business and, in general, I brought them good money. But no people are irreplaceable, so they treated my departure as a natural event. Everyone had already foreseen this, so there were no problems.”
However, often, especially in large companies, in the team there are such unfavorable factors as ordinary human envy and the desire to take the place of a more successful colleague. In such a team, having learned about a woman’s pregnancy, employees may well begin to weave intrigues, spread rumors that you have become worse at coping with your responsibilities, since you are now only interested in your pregnancy, that you no longer care about anything, you are counting the days before maternity leave and generally plan to find another place during your long absence. It is clear that in this situation you should not inform anyone except your management about your pregnancy, and the management itself should immediately be assured that you only plan to return here, therefore, you are not indifferent to how the company will develop as long as you You will take care of your baby, and therefore, until the very end, you will diligently fulfill all your official duties. However, sooner or later the team will still find out about your pregnancy. Don't panic! First of all, think about what is more important to you: intrigue behind your back or the comfort of your baby? That's right, second. Therefore, calm down and, when it is no longer possible to refute the rumors, clearly make it clear to envious people that yes, you are pregnant, but you love your job, you do not intend to lose your place, because you deserve it, as evidenced by all your previous activities in the company. The bosses have known about your pregnancy for a long time, they have been watching your work all the time, they have no complaints, and therefore none of them will be able to take your place, except temporarily while you are on vacation.
Irina: “When our company found out that I was pregnant, one of my colleagues, who had been aiming for my place for a long time, began to constantly tell everyone that I didn’t think about work at all and was going to quit after maternity leave. My mistake was that I had not yet told my boss about my pregnancy. As a result, all this gossip reached them, and I had a not very pleasant conversation with management. Fortunately, people turned out to be understanding, I was able to refute all the rumors about poor work and the desire to leave, even moreover: that employee was transferred to another office (before that we worked in the same office), and after that they gave me the right to determine who will do the work. my duties during my absence."
However, a third situation is also possible. You just work, your relationship with your boss seems to be normal, there have never been any complaints against you, but you have never been particularly singled out, and you think that your employer, in principle, doesn’t care who will do this work, and therefore you are afraid of being fired. And this is where you are wrong! Even if you are not confident in yourself, you should always remember that the health of your baby is more important, and it is better to get together once and tell your boss that you are expecting a child, rather than spend several months worrying: “How will I tell? What if I get fired? What if they start treating me worse? What if they start putting pressure on me?
It would be a good idea if you make a list of the tasks you have in your production and decide which ones you can finish before you go on vacation.
Don't worry. Firstly, now, according to Article 261 of the Labor Code of the Russian Federation, they have no right to fire you under any circumstances, with the exception of cases of liquidation of an organization or termination of the activities of an individual entrepreneur. Even if you worked under a fixed-term employment contract and this period has expired, the employer is obliged, at your request, to extend the contract until the end of your pregnancy. However, this rule does not apply to the case if an employment contract with you was concluded for the duration of the duties of an absent employee and it is impossible, with your written consent, to transfer you to another job available to the employer before the end of your pregnancy (as a vacant position or a job that corresponds to your qualifications, and a vacant lower position or lower paid job) that you can perform taking into account your health condition. In this case, the employer is obliged to offer you all the vacancies available 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.
True, there are still employers who include in the terms of the employment contract a clause stating that the woman undertakes not to give birth to children during the term of the contract. Please be aware that this clause is invalid even if the contract is signed by you, since the employment contract cannot provide for conditions that worsen the employee’s position in comparison with established labor legislation.
Financial aspects
The amount of maternity leave benefits directly depends on the salary of the working woman. The average salary received over the last 2 years of work is taken into account. In the case where a woman has worked in different organizations over the past couple of years, benefits will be paid by all employers for this period of time.
With all of the above, annual paid leave is also required during pregnancy. A woman can use it both before and after maternity leave.
After the end of maternity leave, a woman has the right to parental leave. The benefit for a child under one and a half years old will be calculated in the amount of “the average salary of a woman multiplied by 40%.”
There are cases when a woman, while on maternity leave, becomes pregnant again and, accordingly, receives the right to additional maternity leave. In this case, the woman will have to choose one of two benefits: maternity benefits or benefits for a child up to 1.5 years old. Naturally. you need to choose more.
And finally, I would like to note: maternity leave is time that is impossible to make up. So enjoy every day you spend with your baby.
HR issues with pregnant workers
The door to the secretariat opened and Lyudochka from the accounting department ran in. She joyfully announced: “I’m expecting a baby, it’s already the fourth month!” Secretary Marina was happy for Lyudmila, but thought to herself: “What is supposed to happen to pregnant women? The personnel officer was laid off. But I haven’t encountered women on maternity leave, I’ll have to study this issue.” Let's help Marina - we'll look at what documents HR officers prepare for expectant mothers.
IF AN EMPLOYEE REQUESTS PART-TIME WORK
At the request of a pregnant employee, the employer is obliged to establish a part-time or part-time work week for her (Article 93 of the Labor Code of the Russian Federation) with payment in proportion to the time worked. That is, the Labor Code of the Russian Federation in this case does not provide the employer with the right to choose - he is forced to take into account the wishes of workers in this category and transfer them to part-time work.
The Labor Code does not establish a specific duration of part-time work, so the parties to the labor relationship will have to agree on this independently. Since the courts usually take the side of the pregnant employee, in this case it is worth meeting her halfway on the issue of agreeing on the number of working hours. To establish a part-time work schedule, the employee is required to provide an application (Example 1) and a certificate of pregnancy, since it is pregnancy that gives her the right to demand the establishment of such a work schedule.
The employee’s application should be registered in the register of incoming documents and an approval visa should be obtained from the manager.
The agreement on hours of work in part-time mode must be recorded in an additional agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation),
since the introduction of part-time work is a change in the terms of the employment contract (Example 2).
It is also necessary to issue an order establishing a part-time working schedule for the employee (Example 3).
IF THE EMPLOYEE NEEDS TO BE TRANSFERRED TO ANOTHER JOB
According to part one of Art. 254 of the Labor Code of the Russian Federation, a pregnant employee must have production or service standards reduced, or she must be transferred to another job that excludes exposure to adverse production factors. The basis for this is a medical report and a statement from the employee (Example 4).
Sometimes the expression “light work” is used, but there is no such term in the Labor Code of the Russian Federation. Both when the standards are lowered and when the employee is transferred to another job, her average earnings from her previous job will remain the same if the wages from the new job are lower.
The medical report must comply with clauses 13, 14 of the Procedure for issuing certificates and medical reports by medical organizations (approved by order of the Ministry of Health and Social Development of Russia dated May 2, 2012 No. 441n, hereinafter referred to as the Procedure). In accordance with the Procedure, medical reports:
• are drawn up in any form;
• are issued with the stamp of the medical organization or on the letterhead of the medical organization (if available);
• signed by medical specialists involved in issuing a medical opinion;
• signed by the head of the medical organization;
• certified by personal seals of medical specialists;
• certified by the seal of a medical organization.
The employee’s application is also registered in the journal of incoming documents and is endorsed by the manager.
Transfer to another job is permitted in accordance with
from Art. 72 of the Labor Code of the Russian Federation by agreement of the parties. In this case, an additional agreement to the employment contract is drawn up (Example 5) and an order for the transfer of the employee, which is drawn up according to the unified form No. T-5 or according to the form approved by the organization (Example 6).
IF AN EMPLOYEE NEEDS TO BE RELEASED FROM WORK
If an employee applied for a transfer and attached a medical report, this does not mean that she is obliged to transfer to any position offered by the employer, since the law does not provide for such an obligation. Therefore, if the parties have not agreed on which position to transfer the employee to, or the employer has no vacant positions, then the employer is obliged to release the employee from work by virtue of part two of Art. 254 of the Labor Code of the Russian Federation while maintaining average earnings (Example 7).
The same should be done if the employee needs to wait for a transfer to another place of work (for example, if a vacancy becomes available in the near future).
In any case, it must be assumed that a pregnant employee should not be exposed to the adverse factors specified in the conclusion. The time a pregnant employee is released from work must be correctly reflected in the time sheet. Form No. T-13 is filled out according to the following rules: in the upper lines of column 4, an alphabetic ( HO ) or numeric ( 34 ) code is entered opposite the employee’s last name, and the lower lines remain blank (Example 8).
WORKING CONDITIONS OF AN EMPLOYEE DURING PREGNANCY
Even if a pregnant employee does not have a special medical report, she still has the right to apply for certain working conditions. SanPiN 2.2.0.555-96 “Occupational hygiene. Hygienic requirements for working conditions for women. Sanitary Rules and Norms" (approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 No. 32, hereinafter referred to as SanPiN 2.2.0.555-96) establishes restrictions for pregnant workers, which are mandatory for employers to comply with.
SanPiN 2.2.0.555-96 establishes, in particular, the following requirements for the workplace of a pregnant employee:
• It is not allowed to perform work associated with exposure to pathogens of infectious, parasitic and fungal diseases (clause 4.1.5.).
• Work under conditions of exposure to infrared radiation is not allowed (clause 4.1.6).
• Activities associated with getting clothes and shoes wet, and working in a draft are excluded (clause 4.1.7).
• It is prohibited to work in conditions of sudden changes in barometric pressure (clause 4.1.8).
• Production operations related to lifting objects above the level of the shoulder girdle, lifting objects of labor from the floor, or bending the body more than 15 degrees should not be performed.
• Work without natural light is not allowed (clause 4.1.9).
• Work related to the use of video display terminals and personal electronic computers is not allowed (clause 4.1.10).
• Constant work sitting, standing, moving (walking) is excluded (clause 4.2.1).
• A pregnant woman’s workplace is equipped with a special swivel chair with a height-adjustable backrest, headrest, lumbar bolster, armrests and seat (clause 4.2.2).
• The working surface of the table must have a cutout in the table top for the body, rounded corners (clause 4.2.4).
• The work table and production equipment must have legroom of a certain size (clause 4.2.5).
BENEFITS FOR PREGNANT WOMEN
Let us outline the important points that an employer should remember if he employs a pregnant employee:
• An organization cannot terminate an employment contract with a pregnant employee at the initiative of the employer (part one of Article 261 of the Labor Code of the Russian Federation), with the exception of dismissal in connection with the liquidation of the organization (clause 1 of part one of Article 81 of the Labor Code of the Russian Federation). The procedure for terminating a fixed-term employment contract with a pregnant employee has also become more complicated (parts two and three of Article 261 of the Labor Code of the Russian Federation).
• An employer cannot engage a pregnant employee to work at night (part five of Article 96, part one of Article 259 of the Labor Code of the Russian Federation), to work overtime (part five of Article 99, part one of Article 259 of the Labor Code of the Russian Federation), to work in weekends and non-working holidays (part one of Article 259 of the Labor Code of the Russian Federation), for assignment on business trips (part one of Article 259 of the Labor Code of the Russian Federation).
• An employee has the right to take annual paid leave before or immediately after maternity leave or at the end of parental leave, regardless of her length of service with a given employer (Article 260 of the Labor Code of the Russian Federation).
• If a pregnant employee undergoes the necessary medical examination, the organization is obliged to maintain her average earnings for this period (part three of Article 254 of the Labor Code of the Russian Federation).
Regarding the last point, employers usually ask employees to warn about their planned absence in connection with a medical examination. However, even if the employee did not do this, but brought supporting documents about passing such an examination, the employer has no right to punish the employee. We believe that in order to avoid conflicts, the employee should be asked to fill out a corresponding application (Example 9).
IF AN EMPLOYEE GOES ON MATERNITY LEAVE
Regardless of whether a pregnant employee worked or was released from work, there comes a time when she goes on maternity leave. And here you will have to work hard to prepare all the necessary documents accordingly.
To apply for maternity leave, an application from the employee and a certificate of incapacity for work are required. It is more convenient if the employee fills out two applications - for leave in connection with pregnancy and childbirth and for payment of benefits. The vacation application may be, for example, as in Example 10.
In order for the employer to avoid problems with the Social Insurance Fund in the future, the application for payment of maternity benefits must be drawn up taking into account the requirements set out in clause 6 of the Procedure and conditions for the assignment and payment of state benefits to citizens with children (approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n, as amended on May 4, 2016; hereinafter referred to as the Procedure for Payment of Benefits), and contain the following information:
• name of the organization to which the application is submitted;
• last name, first name, patronymic of the employee;
• information about the identity document
(type of identification document, series and number of the document, who issued the document, date of issue);
• information about the employee’s place of residence and location;
• type of benefit;
• method of receiving benefits: by postal order or transfer to the personal account of a person entitled to receive benefits, opened with a credit institution;
• information about the details of the account opened by the person entitled to receive benefits (Example 11).
Often, such a statement also contains a request to pay a one-time benefit in accordance with clause 19 of the Procedure for paying benefits if the employee is registered with a medical organization in the early stages of pregnancy. This request can also be made in a separate statement using the sample above. To confirm the right to payment, the employee must present a corresponding certificate from a medical institution.
In connection with the employee’s statements, the personnel officer (accountant, secretary - this depends on the distribution of responsibilities in the organization) issues orders for the provision of leave and payment of benefits (Examples 12 and 13).
Since the employee is granted leave, it is necessary to fill out a personal card in form No. T-2 (Example 14).
We should also not forget about filling out the working time sheet throughout the employee’s entire maternity leave (unified form No. T-12 or T-13).
In the timesheets, opposite the employee’s last name, we put down an alphabetic (P) or numeric (14) code in the upper lines, and leave the lower ones blank (Example 15).
QUESTION ON THE TOPIC
A mother and daughter work in our organization, but in different departments. The daughter is on leave to care for her first child up to 3 years old without receiving benefits. The mother of an employee wants to use leave to care for her grandson (her daughter’s second child, who was recently born) until she is 1.5 years old. Is this legal and what documents should the grandmother provide to apply for a vacation?
According to part two of Art. 256 of the Labor Code of the Russian Federation, parental leave can be used in full or in parts by other relatives besides the mother, if they actually care for the child. We believe that the fact that both the mother and grandmother of the child work in the same organization should not affect the grandmother’s right to receive leave, since she actually takes care of the child.
In our opinion, parental leave for his grandmother should be issued in accordance with the Procedure and conditions for the appointment and payment of state benefits to citizens with children (approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n; as amended on May 4, 2016, hereinafter referred to as the Procedure ). To do this, the employee, in this case the grandmother, must submit an application for maternity leave for up to 3 years and payment of child care benefits for up to one and a half years.
She must also provide (clause 54 of the Procedure):
– a copy of the child’s birth certificate;
– copies of the birth certificate of the first child;
– a certificate from the place of work of the second parent (father) stating that the benefit was not assigned there. In our opinion, a certificate from the place of work of the grandmother and mother will not be required in this case, since the employer has information that these persons did not use leave to care for this child.
Next, you need to issue an order to grant the employee parental leave (Form No. T-6 or the organization’s own form), which should indicate the type of leave - “parental leave until the child reaches the age of three years” and its start and end date .
SUMMARY
1. At the request of the employee, the employer is obliged to establish a part-time working schedule for her, but payment is made in proportion to the time worked.
2. If there is a medical certificate, the employer is obliged to transfer the employee to another job, and if there is no suitable vacancy, release her from work while maintaining her average earnings.
3. The working conditions of a pregnant employee must comply with the requirements of regulations.
4. The employer is also obliged to provide other guarantees and comply with the restrictions established by labor legislation in relation to pregnant workers.
5. If there is a certificate of incapacity for work and an application from the employee, the employer is obliged to issue maternity leave and pay maternity benefits.
