Vacation is an important and integral part of the working period of each employee of any enterprise. We are all looking forward to a long-awaited vacation. It is especially desirable for many women who intend to become mothers and plan to carefully prepare for such an important event.
But can a pregnant woman take a vacation in advance? This will be discussed in this article. We also learn how to correctly write a vacation application, and about the other subtleties of the relationship between a pregnant woman and her employer.
What is a vacation
In short, vacation is an annual period of time during which an employee has the right to a full rest from his work. Usually this time span is four weeks. Sometimes, depending on the complexity and harmfulness of work, the number of days off can be increased.
Rest from work and pregnancy
Before you figure out how to take a vacation before the decree, you need to find out what benefits are available to expectant mothers at their workplace.
Firstly, pregnant women can expect a paid sick leave of at least 140 days (this period includes the time before and after childbirth). Then each employee who has become a mother has the opportunity to take a vacation, the duration of which can vary from one and a half to three years. At this time, she can completely devote herself to the newborn baby, without thinking about the performance of official duties.
Despite the fact that the future mother is assigned a fixed sick leave by law, a woman may want to leave her work earlier and prepare in advance for the birth of a child. How much leave is required before the decree? Let's count.
Duration of extra rest
How to calculate a pregnant woman vacation in advance before the decree? The very first thing is to go to the antenatal clinic for a gynecologist to determine the specific date from which the sick leave for pregnancy and childbirth can begin.
Then the employee must independently calculate how much she has planned vacation. That is, if a woman has worked six months from her last vacation, then she is entitled to twelve days of planned rest (based on two days per month). Of course, other benefits accrued, for example, for harmful working conditions, can also influence this period. Then the planned vacation increases.
Plus to extra rest you can add non-finished exits.
What else counts on vacation in advance to a pregnant woman before the decree? In this case, you can ask for a vacation for a still unworked period of time, which will be equal to four full weeks (or 28 days).
Having added all the above periods, you can get a pretty impressive amount of time for which you can have a good rest before giving birth and prepare for the birth of your beloved baby.
However, what should a pregnant woman know when insisting on a vacation in advance before the decree?
Very important nuances
First of all, the expectant mother should take into account that they do not give her an extra four weeks, but give her in advance. That is, after leaving the decree, she will have to work without a vacation for a year. In addition, if she decides to quit the company, then she will have to pay compensation for the weekend loan.
But can a pregnant woman be denied leave?
Will the employer allow?
According to Russian law, the employer is obliged to provide the expectant mother with days off as a vacation before the decree. And this is despite any difficulties and difficulties associated with its design. That is, if the team has already planned a vacation for employees and because of a pregnant decision, they will have to change everything, then this is not a reason to refuse a woman a position without giving her a legal weekend. First of all, it is necessary to satisfy the wishes and needs of the expectant mother, and on the basis of this, adjust the rest of other employees.
However, leave to a pregnant woman before the decree in advance, according to the Labor Code, may be granted at the request of her employer. That is, the head of the enterprise at which the expectant mother works has every right to refuse such an employee and not to give her a weekend weekend. Why?
The fact is that the provision of such leave is fraught with risk for the employer. For example, a woman may quit immediately after leaving the decree. Who will pay the leader for already vacated holidays?
As you can see, transferring maternity leave from next year to the present is a voluntary decision of her employer. This must be understood by every employee who is in an interesting position and who wants to relax more before the decree.
It should also be borne in mind that leave before the sick leave related to pregnancy and childbirth will be provided only if the woman has fully used the leave for the current year and the next working year has not yet arrived.
We correctly write a statement
How to ask your boss in advance for the next year? First of all, it is necessary to accurately calculate how long this planned vacation can last, and also to determine the date of its start.
Then you should write a vacation application. How to do it right? Usually a document is compiled arbitrarily. It indicates the reasons why a woman wants to take a vacation on credit, as well as specific dates (from what date to what date) she wants to relax before the decree. It is best to attach a certificate from the antenatal clinic to the document, proving the need for such rest for the health of the pregnant woman.
With such a statement, you must go either directly to the head, or to the human resources department, or to the accounting department (it all depends on how your company operates).
It is advisable to make such a request fourteen days before the scheduled date, since the manager and accountants will need to not only make a decision on the provision of extraordinary leave, but also adjust other matters related to the rest of the pregnant employee.
Do not tune in to the fact that you will succeed. We remind you that according to the Labor Code, leave in advance is granted at the request of the employer. Of course, we are not talking about the weekends laid out for the worked period.
What if not allowed?
Of course, you can insist or even sue. But it is not a fact that the court will side with the pregnant woman, but the relationship with the authorities may deteriorate.
If the expectant mother does not feel well or wants to devote a certain period of time to preparing for motherhood, then she can go to the hospital to be saved. Usually this takes place in a day hospital, which can also limit a woman in time. However, there is no other option to take a break from work for the expectant mother working at the enterprise.
You can, of course, arrange with a gynecologist to indicate the date of the planned birth a week earlier. This will not cause any inconvenience or problems to the doctor, since the fetus develops differently in each individual case. But the future mom will be able to get sick leave a week earlier and take a break from her tired work.
Is it possible to take compensation
According to Russian law governing the relationship between the employer and the wage worker, anyone can ask them to return non-vacation leave in cash. Any, but not a pregnant employee.
That is, if the expectant mother did not go on vacation in the current and past years, then she can not compensate for this time with financial payments. But she will be required to provide, upon request, a full vacation, which includes the entire non-holiday period.
Pregnant rights at work
This is a very important topic, since not all expectant mothers know that they have a number of benefits and privileges in their workplace. Unfortunately, knowledgeable employers do not always familiarize their employees with their rights. So what can a working pregnant woman expect?
First of all, she has the right to demand a transfer to light work while maintaining the average wage. That is, worrying about her health and the health of the unborn baby, a pregnant employee may ask to change working conditions. Now she can’t work at night, in shifts, lift weights (more than 2.5 kilograms), be in damp and dusty rooms, come into contact with toxic chemicals, and so on. It is also advisable to limit your stay at the computer to three hours a day, and abandon completely sedentary or completely standing work.
If a woman in an interesting position expresses a written desire, the employer will have to facilitate her work. If, for some reason, this cannot be done, then an employee expecting a child should be removed from harmful work while maintaining the average wage.
In addition, such an employee may ask her to reduce her workday or workweek (that is, work half a day or part-time). However, in this case, she will receive not the average salary, but that which will work for half her rate.
It is also very important that a pregnant woman who continues to work at work needs to provide additional paid breaks so that she can relax a bit and have a snack in a timely manner.
Also, an employee awaiting a baby should be regularly sent to a antenatal clinic to undergo necessary examinations and examinations. Such visits should not affect the employee's salary, especially if she has a document confirming that she visited the gynecologist.
Can a future mother be fired?
This question is quite common. Since there are unscrupulous employers who do not like that they will suffer any loss due to the presence of pregnant workers. Many managers worry that pregnant women often ask for help, can be in the hospital, require easier work, and so on. All this is fraught with tangible inconvenience for both the employer and the entire team.
Therefore, enterprise managers can force pregnant employees (especially those who are problematic, that is, those who are in custody, and so on) to write a statement for calculation. Or they find fault with expectant mothers, trying to find a reason for dismissal. Is this behavior justified?
Of course not. Firstly, the law prohibits the dismissal of pregnant workers under any pretext. That is, if a woman expecting a child has violated the regime, is late, missed a working day, and the like, then she cannot be fired for this. This is the main benefit of pregnant employees.
Moreover, if the future mother works temporarily or on a trial period, then her labor activity is also inviolable. As soon as it becomes known that the employee is pregnant, a permanent labor contract is concluded with her.
What other benefits are there for pregnant women? If such an employee was nevertheless fired, then she can recover at her workplace by going to court.Usually judges take the side of expectant mothers, so the employer, for whatever reason he fired his employee, will have to return her back and restore her rights and obligations.
Protect your rights!
It is very important that the rights of pregnant women at work are respected. Most often, trade unions and labor inspectorates observe this. However, the expectant mother herself should also be interested in using at the workplace all the advantages of her interesting position. Therefore, do not be shy, bring a certificate from the antenatal clinic confirming your pregnancy, and insistently ask the employer to provide you with the necessary benefits and privileges.
Remember that in addition to the leave before the decree, you are entitled to an official paid sick leave, which is provided to the worker at thirty weeks of pregnancy. Its duration depends on many factors. If the pregnancy was normal, then you will be paid 140 days of maternity, if the birth was difficult (for example, there was a need for a cesarean section), then by law you are required to pay 156 days, if your mother gave birth to two or three children, then another 110 is added to 140 days If a woman died in childbirth, the state allocated 156 postpartum days for her recovery.
A few words in the end
In this article, we examined such a concept as vacation to a pregnant woman in advance before the decree. As you can see, this is a fairly common phenomenon when a pregnant woman wants to take a break from work and how to prepare for motherhood.
Not always the employer permits to take such leave, as this is fraught with certain difficulties and risks for the entrepreneur. On the other hand, the manager is obliged to give his pregnant subordinate leave, which she has not yet taken advantage of. What does this need to be done in the first place, regardless of how it was planned earlier.
It is noteworthy that if a woman in an interesting position was granted leave, then it is no longer possible to call her back to work. An employee can interrupt her vacation only on the basis of her own desire.
Also in this article, we briefly paid attention to other benefits and privileges of pregnant women. For example, they are entitled to lighter working conditions, an additional break, paid time off to attend antenatal clinics, and so on.
Moreover, always remember that no one has the right to dismiss a pregnant woman. There are only two reasons for this decision. The first is the personal desire of the expectant mother. And the second is the complete liquidation of the organization or enterprise in which the pregnant woman works. In this case, the dismissal process takes place in accordance with applicable law.
Always remember that your future is in your hands! Therefore, tune in to defend your rights and benefits.
If necessary, contact lawyers and other consultants. And then your work will bring you joy and satisfaction, as well as the necessary material support, not only for you, but also for your child.