LawHealth and Safety

Dismissal or leave after maternity leave

Maternity leave is given to every woman by law. The same law (art. 255 TC) states that a worker has the right to it, and it will continue for 70 days before giving birth and 70 days after - if they have gone safely. And, if for some reason the appearance of a baby happened earlier, suppose for 7 days, these days are automatically added to the postpartum Vacation. In any case, the maternal age is 140 days. And if the birth was complicated, then the postnatal rest lasts up to 86 days, and if the pregnancy is multiple, up to 110 days. In addition, you can take a vacation after maternity leave, at the request of a woman. In order for you to be given a maternity leave, you must provide a sick-leave, which you should get in a woman's consultation from your doctor who is registered with a pregnant woman. It is issued when the gestation period reaches 30 weeks. A woman can optionally take another vacation after a maternity leave. At her discretion, can take a walk before him. And if it is so convenient to her, after the end of the leave for care can also take a rest (260 TK). And this right is carried out irrespective of the length of service that a woman has in the organization. You can also write in the workplace about the establishment of an incomplete work week or a shorter working day for the time of the maternity day , but in this situation you will be paid either a maternity or a salary. If your employer gives you permission for your shorter working day or an incomplete week, you must provide a medical certificate with such a recommendation (Article 93 TC).

The next vacation after maternity leave is given regardless of whether it corresponds to the schedule for this year or not. Leave for nursing can begin only after the next one is finished, because It is impossible at the same time to be in both. Especially actual leave after maternity leave for those women who do not want to take rest on child care at all, or decided to work reduced working day instead.

For care leave after a maternity leave, any citizen who will take care of the newborn, whether it be father, mother, grandparent or someone else, can take it. Benefit will be given to those who care for the baby. The minimum size of it up to a year and a half will be 2326 rubles - this is for the first child, for each subsequent - 4651,99. In the event that a child who has been involved in the liquidation of the consequences at the Chernobyl nuclear power plant takes care of the child, these benefits will be paid in a double amount until the baby is 3 years old.

Dismissal after the maternity leave at will is possible, while the woman is required to pay compensation for the leave, which was not used. It is calculated in proportion to the time worked from the day of employment in the organization, and all days worked that are less than half of the month are reclined, and all days that are more than half a month are considered as a whole (127 TC). For all maternity leave and leave to care for a child, the woman's workplace is preserved. A worker can be dismissed without her consent only in the event that this organization is liquidated. Then the employee for 2 months should warn about it. If, for some reason, the employer has refused to pay maternity leave or nursing leave, the employee has the right to sue him and necessarily will win it.

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