Labor rights of pregnant women and young mothers Printable versionLast update: 12.05.2023
Wоmen have the equal rights with men, but at the same time more duties: besides work on them lays down serious responsibility for education and health of members of their families and first of all — children. Of the number of people employed in social production, more than half are women. At the same time, social researches show that the considerable part of women and the persons having family duties, doesn't know about the rights prescribed in the labor legislation.
The employer has no right to dissolve on the initiative the employment contract with the pregnant woman, the woman having children under three years, the lonely mothers who are bringing up the child aged till fourteen years (or the disabled child till eighteen years), other persons cultivating specified category of children without mother by groundings prescribed by subparagraphes 2) and 3) of paragraph 1 of the Article 52 of Labor Code of the RoK.
As for the rights of pregnant women in case on the date of the expiration of the employment contract the woman presents medical certificate about pregnancy of twelve and more than weeks, except cases of replacement of the absent worker, the employer is obliged to prolong according to her written statement the term of the employment contract till day of the termination of a child care leave before achievement of age of three years by it.
The employer has no right to involve pregnant women at night, to overtime work, to work in days off and holidays, to send them to business trip, and also to withdraw them from paid annual labor vacation.
Besides, the employer has no right to involve at night, to overtime work, and also to send to business trips and for the work performed by a shift method, without written consent:
1) the women having children under seven years, and other persons which are bringing up children under seven years without mother;
2) the employees who take care of sick family members or bringing up disabled children if on the basis of medical certificate children under three years, disabled children or sick family members need implementation of a permanent care.
Very few people know that besides a break for rest and meal, in replaceable and special breaks, to the women having children aged till one and a half years, and also the fathers who are bringing up children aged till one and a half years without mother, additional breaks for feeding of the child at least through each three hour of work of the following duration are provided:
1) having one child — each break not less than thirty minutes;
2) having two or more children — each break not less than one hour.
Breaks for feeding of the child according to the statement of the worker join a break for rest and meal or the summarized breaks are provided at the beginning or the end of the working day (change).
According to the statement of the pregnant woman, one of the parents, having child aged till three years, and also the employee who caring for a sick family member according to medical certificate, the employer can provide a part-time mode.
Application of the summarized accounting of working hours for pregnant women is not allowed if duration of the working day (change) exceeds eight hours. Besides, on the basis of medical certificate the employer is obliged to transfer the pregnant woman to other work excluding influence of harmful and dangerous production factors, with preservation of an average salary.
Before granting to the pregnant woman of other work excluding influence of adverse production factors, it is subject to release from work with preservation of an average salary for everything passed thereof the working days at the expense of means of the employer.
Before a maternity leave or directly after it or upon termination of a child care leave the woman is at will granted paid annual labor vacation.
Women according to their statement and on the basis of the leaf of disability given out in accordance with the established procedure maternity leaves lasting seventy calendar days before childbirth and fifty six (in case of the complicated childbirth or the birth of two or more children — seventy) after the delivery if other isn't established by laws of the Republic of Kazakhstan.
Calculation of holidays is made totally, and leave is granted to the woman completely irrespective of number of the days which have been actually used before childbirth and period of operation at the employer.
To Employees who have adopted the newborn child, granted (to one of parents) leave for the period from the date of adoption and before the expiration of fifty six days since the birth of the child.
As for a leave allowance on pregnancy and childbirth, holidays to the workers who have adopted the newborn child, the employer pays a maternity leave, holiday to the workers who have adopted the newborn child, with preservation of an average salary if it is provided by conditions of the employment and collective agreement, the act of the employer, minus the sum of social payment on a case of loss of the income in connection with pregnancy and childbirth, adoption of the newborn child (children), the Republic of Kazakhstan carried out according to the legislation on obligatory social insurance.
The employer is obliged to grant to the worker leave without salary preservation on care of the child before achievement of age of three years by it. At the choice of parents it can be mother or the father, or the parent, one bringing up the child, and also the relative who is actually bringing up the child or the adoptive father of the newborn.
This holiday can be used completely or in parts on the basis of the written statement of the worker. Thus the place of work (position) during holiday remains for the worker.
Leave time without salary preservation to care of the child before achievement of three-year age by it is set off in the general seniority, in the seniority in the specialty if other is not provided by laws of the Republic of Kazakhstan.
In case of appearance at work before the leave expiration without salary preservation on care of the child before achievement of age of three years by it the worker is obliged to warn the employer about the intention a month before the work beginning.
Cancellation of the employment contract with this category of workers is allowed only at elimination of the employer — the legal entity or the termination of activity of the employer — the natural person; at detection of discrepancy of the worker of a post or performed work owing to insufficient qualification and in case of commission by the worker of the corruption offense excluding according to the judicial act possibility of further work.