Return from maternity leave Printable versionLast update: 14.05.2021
Are you planning to «come back» from long- term maternity leave? Do you know when should you apply for work attendance? Do you know that nursing mother has the right to part time working and earn full salary? You may learn in this article about this and other nuances of labor relations between employer and pregnant women and women who are in maternity leave.
Maternity leave – is a leave provided to working citizens (both to women and to men). To women - before and after childbirth, to men – for child care up to 3 years of age. Practically, in most cases women go on maternity leave providing sick list on 30 weeks of pregnancy. On the basis of this sick list a woman goes to her maternity leave, for the period before and after childbirth, as well as for the period of childcare during 3 years from the date of baby birth. When going on maternity leave, the state pays benefits on the basis of social contributions from the organization held back from woman's salary:
- for pregnancy (on the basis of sick list, at 30 weeks of pregnancy);
- for childbirth;
- monthly benefit for child care during baby’s first year of leaving (next 2 years woman stay at maternity leave without pay)
You can find more information about benefits in the article «Maternity leave».
Note, that the man also may take a leave for child care up to child’s 3 years of age (on the basis of the art. 100 of RK Labor code).
How to return from maternity leave?
Maternity leave is provided to women in case of pregnancy and childbirth, for child care up to child’s 3 years of age without pay. If a woman desires to return for work before the expiration of leave for child care, she must provide a statement to the employer on returning to work 1 month before the expected date of returning in accordance with p.4 of art. 100 of RK Labor code.
In his turn, the employer must (according to art. 46 of the RK Labor code) immediately notify the employee, temporary occupying the position of «woman on maternity leave», about the change of labor relations - dismissal or transfer to another position.
Part- time working day for nursing mother
Woman, who returned from maternity leave earlier set term, has the right to part time working. It is explained by the need to continue feeding the child up to the age of 1.5 years.
According to the art. 82 of the RK Labor code women who have children under the age of 1.5 years, are provided of additional breaks for feeding the child (children) not less than every 3 hours:
- who have one child,- every break no less than 30 minutes;
- who have two or more children, - every break no less than 1 hour.
The exact duration of the break is set individually by the employer. Breaks for feeding a child (children) can be taken together with a lunch break or it’s also possible to summarize all the breaks and use them at the beginning or and the end of the workday.
Breaks for feeding a child are included in working time with keeping of average salary.
Prohibition on the dismissal of pregnant women
In the event that, on the expiry date of the employment contract, a woman will provide the employer with a pregnancy statement for a period of 12 or more weeks and an application for the extension of the term of the employment contract, except for cases of replacement of a temporarily absent employee, then the employer is obliged to extend the term of the employment contract, until the end of the leave to care for the child of up to the age of 3 years.
Redundancy. In case of staff redundancy, the employer has no right to dismiss (according to the article 54 of RK Labor code):
- pregnant women;
- women who have children under 3 years of age;
- single mothers, bringing up children under the age of 14 years (disabled child up to 18 years).
Liquidation of employer. In case of company liquidation, labor relations with a pregnant woman can be terminated. Employer must notify the employee in written form in advance of 1 month. On this basis the employer pays the compensation in size of average salary for one month, and if there is unused annual leave - compensation for unused vacation days.
In such cases, a pregnant woman falls under the compulsory social insurance (social risks implying loss of job, loss of income due to the pregnancy and childbirth, child care up to the age of one year, subject to compulsory social insurance). For getting of social benefits one must apply to the State center for pensions payment at the place of residence (SCPP).