Working hours for a pregnant woman

Standard working hours for pregnant women

The Russian Labor Code establishes equal working hours for all categories of employees. The standard rule sets it at 40 hours per week. Such a time exists for government and budget employees. However, this time may be reduced for a pregnant employee. This abbreviation has some features that should be specified in more detail:

The law does not establish a specific limitation on time reduction for such employees. Therefore, the reduction is determined by the employer in agreement with the employee. This is a general compromise solution that should not infringe on the interests of the employer and employee;
This is an employee's right. Therefore, the employer or organization cannot restrict it. The employer is obliged to provide a reduction in time at the request of the employee;
The employer cannot establish a reduction in time on its own initiative. This is the same restriction as the refusal of an employee to satisfy her application. Reduction is possible only if there is her application and not otherwise;
The only basis for reducing the working hours of a pregnant employee is the very fact of her condition, certified by a doctor’s certificate.

Thus, reducing the length of a working day or shift is an unconditional right of the employee and cannot be limited by the organization.

Working hours for a pregnant woman - Labor Code of the Russian Federation

Working hours for pregnant women are set in the same way as for all other employees. Its reduction is possible only at the request of the employee. It becomes the basis for the employer to limit the length of the working day.

In this case, the period does not matter. The medical condition of her health also does not matter. Therefore, the law does not link the reduction in the length of the working day to these concepts. The key and only basis is medical fact. Nothing more is required.

Working hours for pregnant women

As stated above, the law does not establish specific restrictions. It fixes only their types:

Reducing the duration of a work shift. At the same time, the work week remains the same;
Reducing working days while maintaining the same shift length.

The choice of one option or another depends on the employee and the characteristics of her professional functions.

A pregnant woman visiting a doctor during working hours

The question of whether an employer is obliged to allow a pregnant woman to see a doctor during working hours is very relevant, because visits to the doctor and hospital are required regularly. And often it is simply impossible to postpone them.

The law requires employers to allow women to see a doctor or hospital. At the same time, they must provide supporting documents. That is, a visit to a doctor or hospital must be confirmed by appropriate medical certificates.

Application of a pregnant woman to reduce working hours

Such a statement is mandatory for execution in any organization, regardless of its organizational and legal form. At the same time, you need to understand that a decrease in working hours will inevitably lead to a decrease in wages, so you should use this right carefully.

Practice shows that employers reduce the working day by 1 hour. As a rule, this suits both parties. The woman receives additional time with a slight loss in wages. She has such a right from the moment the pregnancy status is medically determined. In order to exercise the right, you must apply to management.

If you have questions, consult a lawyer

What laws of the Russian Federation regulate the rights of pregnant women

There are several pieces of legislation that regulate labor relations and various processes related to pregnant women.
The main basis for labor relations is laid down in the Labor Code of the Russian Federation. Section 12, Part 4 of the Labor Code of the Russian Federation regulates the list of labor features for different categories of citizens. The work of women and persons who have just given birth is defined in Chapter 41 under the following articles:

254 - transfer of pregnant women, as well as persons with a child under 1.5 years of age, to a lighter schedule or work;
255 — maternity leave;
256 - child care up to 3 years old;
258 - break for feeding;
259 - a list of guarantees during pregnancy and lactation during business trips, overtime work, night shifts, as well as work on weekends and holidays;
260 - guarantees for the priority distribution of annual leave for a woman during pregnancy or childbirth;
261 - list of guarantees upon termination of employment relationships;
262 (including 262.1) - extraordinary days off and the procedure for granting leave to a parent with a disabled child.

Additionally, there is Federal Law Regulation No. 255-FZ dated December 29, 2006 (social insurance with temporary disability and maternity), which contains Chapter 3, which defines benefits for childbirth or pregnancy, as well as Chapter 4, which establishes the procedure for assigning various payments.

Another important law is Federal Law 05/19/1995 N-FZ, which establishes state benefits for persons with children.

Article 254 of the Labor Code of the Russian Federation “Transfer to another job of pregnant women and women with children under the age of one and a half years”

Article 255 of the Labor Code of the Russian Federation “Maternity leave”

Article 256 of the Labor Code of the Russian Federation “Parental leave”

Article 258 of the Labor Code of the Russian Federation “Breaks for feeding the child”

Article 259 of the Labor Code of the Russian Federation “Guarantees for pregnant women and persons with family responsibilities when sent on business trips, involved in overtime work, work at night, weekends and non-working holidays”

Article 260 of the Labor Code of the Russian Federation “Guarantees for women in connection with pregnancy and childbirth when establishing the order of provision of annual paid leave”

Article 261 of the Labor Code of the Russian Federation “Guarantees for a pregnant woman and persons with family responsibilities upon termination of an employment contract”

Article 262 of the Labor Code of the Russian Federation “Additional days off for persons caring for disabled children and women working in rural areas”

Article 262.1 of the Labor Code of the Russian Federation “The order of granting annual paid leave to persons raising disabled children”

Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”

Federal Law of May 19, 1995 No. 81-FZ “On state benefits for citizens with children”

Rights and guarantees

According to the Labor Code of the Russian Federation, there is an established list of guarantees and rights that apply to women in this situation. Rights and guarantees:

it is impossible to refuse employment without specifying a reason;
paid maternity leave;
dismissal is prohibited;
annual leave is not provided according to schedule;
no business trips;
the work schedule has a shortened version;
transfer to easier working conditions.

Important! Receiving part-time work can only be done at the initiative of the employee, that is, management does not have the right to establish a light schedule without the consent of the employee.

Among the important points:

annual leave can be added to maternity leave;
the article does not provide for a probationary period;
Any refusal of employment must be accompanied by a written form stating the reasons.

Read also: Law on business partnerships in 2021

Any employer must take into account all the rights and guarantees of individuals. Otherwise, fines and sanctions may follow both in relation to managers and in relation to the organization. Additionally, inspections by the labor inspectorate will be carried out.

Article 70 of the Labor Code of the Russian Federation “Test upon hiring”

Employer Responsibilities

An employer has several responsibilities.
For example, according to the article of the Labor Code of the Russian Federation, he must revise the length of the working day upon the written request of a pregnant employee. It is impossible to refuse a transition to part-time work, even if it is necessary to revise the work schedule of the entire organization. The employer must fulfill all obligations and take into account all rights and guarantees that are provided by law. Forbidden:

involvement in night work. This is regulated by an article of the Labor Code of the Russian Federation;
it is impossible to call to work on a weekend or holiday in accordance with Article 112 of the Labor Code of the Russian Federation;
According to the article, overtime work is not possible;
Keeping a watch is also prohibited. This is stated in Article 298.

The employer's primary responsibility will be to comply with all rules and regulations. He is not obliged to comply with points not prescribed by law.

Article 93 of the Labor Code of the Russian Federation “Part-time work”

Article 96 of the Labor Code of the Russian Federation “Night work”

Article 112 of the Labor Code of the Russian Federation “Non-working holidays”

Article 99 of the Labor Code of the Russian Federation “Overtime work”

Article 298 of the Labor Code of the Russian Federation “Restrictions on work on a rotational basis”

Rights and guarantees for employees in position

Expectant mothers who are officially employed have the opportunity to receive certain benefits:

First of all, it should be noted that the employer does not have the right not to hire an employee for a suitable position who is in a position solely because of her condition. The second important right for a woman during pregnancy is the opportunity to receive maternity leave.

An employee does not have the right to demand that her employer maintain her previous salary if she has signed a part-time agreement.

Recording hours worked on a timesheet

The legislator does not establish a minimum limit for part-time work for a pregnant woman. As, in fact, the “ceiling”.

The time of completion of the mandatory medical examination is also noted on the report card on the basis of a supporting document.

A special cipher is used for this.

It would be correct for a pregnant employee to notify her superiors in advance about her possible absence and obtain a doctor’s certificate, which is then provided to management.

Is it possible to work on parental leave for up to 1.5 years?

The Labor Code states that while on maternity leave, you can work part-time, and you can also work remotely (see Part 2 of Article 93, Part 3 of Article 256 of the Labor Code of the Russian Federation). At the same time, the right to receive child benefits remains.

ATTENTION! We are talking about the baby’s mother, but father, grandmother, grandfather, and other relatives may be on vacation on the same basis.

See what documents are needed to apply for child benefits .

Shorten a pregnant woman's working day in three simple steps

A pregnant woman needs to initiate the establishment of part-time work.

The most effective way to convey your desire to the employer is a written statement. A pregnant woman must submit an application to the employer, which reflects

desired length of working time;
type of part-time work (part-time or part-time work week);
the date from which the woman wishes to reduce her working hours.

The application must be accompanied by a document confirming the fact of pregnancy, for example, a certificate from the antenatal clinic.

The employer and the pregnant woman must reach an agreement on working hours.

The duration of part-time work and which party determines it is not established by law. Apparently, everything should be achieved by agreement of the parties. It is not clear what to do if the parties cannot agree, and the law obliges the employer to reduce the working day of a pregnant woman.

When the parties agree among themselves, it is necessary to conclude an additional agreement to the employment contract, since the working hours are its essential condition.

The employer must issue an order

The employer must issue an order regarding the establishment of a part-time working day and familiarize it with it against the signature of the employee.

As you can see, it is not difficult for a pregnant woman to shorten her working hours. The woman herself needs to remember that payment will be made in proportion to the time worked or depending on the amount of work performed.

The Plenum of the Supreme Court of the Russian Federation, in Resolution No. 1 of January 28, 2014, clarified a number of issues regulating the peculiarities of the work of women, persons with family responsibilities and minors. The explanations are given taking into account the practice and questions that arise in courts when considering labor disputes on similar topics. The clarifications of the Plenum of the Supreme Court of the Russian Federation will ensure uniform application of labor legislation by courts and put an end to long-standing disputes between employees and employers.

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2. An employment contract, the end of which occurred during the employee’s pregnancy, generally needs to be extended until the end of the pregnancy. Moreover, in the case of the birth of a child, the need for dismissal is indicated not within a week after the child’s birthday, but on the last day of maternity leave. Reason: Clause 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

3. The employment test is not imposed on pregnant women, women with children under the age of 1.5 years, as well as persons under 18 years of age. This rule also applies to other persons raising children under 1.5 years of age without a mother.

If such employees were subject to probation, then termination of the employment contract with them based on the test results is unlawful. Ground: Clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

Employment guarantees

In Art. 64 of the Labor Code of the Russian Federation directly states that when selecting candidates and hiring, it is prohibited to refuse to conclude an employment contract for reasons related to pregnancy. In order for the described guarantees for pregnant women in the Labor Code of the Russian Federation to be observed, it is permissible to appeal an unjustified refusal in court.

The next benefit that expectant mothers have the right to count on is employment without testing (Article 70 of the Labor Code of the Russian Federation). If a probationary period is assigned, then dismissal in case of failure cannot be made (clause 9 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1).

What benefits are provided?

The Labor Code protects the rights of expectant mothers, including those who get a job during pregnancy.

Basic labor benefits for pregnant women:

Employment of pregnant women occurs without a probationary period (Article 70 of the Labor Code of the Russian Federation). An employer cannot refuse a job to an applicant because she is pregnant. Moreover, he cannot ask questions about her situation. The only reason for refusal to work is an insufficient level of qualifications for the position. If the reason for the refusal was a fictitious excuse, the woman can ask for a written answer and contact the labor inspectorate with it. Identification of an unreasonable refusal to provide employment will entail sanctions. An employer cannot fire a pregnant employee, including under Art. 81 of the Labor Code of the Russian Federation (for violating the schedule, absenteeism, etc.). The employer is obliged to provide a pregnant woman with light work upon presentation of an appropriate medical certificate

It is important that the certificate indicates specific restrictions on work activity. The employee is exempt from work on weekends and holidays, as well as on night and overtime shifts. A pregnant woman can take annual paid leave at any time. Even if it was not her turn, or she did not work for a certain period

For example, you can take a vacation before the start of maternity leave or immediately after it. Light work for pregnant women according to the Labor Code in 2019 implies a ban on working on a rotational basis (Article 198 of the Labor Code of the Russian Federation). A pregnant woman has the right to be excused from work duties on weekdays to undergo a scheduled examination. In the case of a difficult pregnancy and frequent examinations, it is necessary to take the appropriate certificate from the antenatal clinic and register it with the human resources department. If necessary, the employee may leave the workplace. Regardless of how many hours per day are actually worked, the employer is required to retain earnings for the entire day. In addition to the lunch break, the expectant mother has the right to receive short breaks during the working day. It is prohibited to transfer a pregnant woman to another position without her consent. An employer is required to provide a pregnant employee with paid maternity leave. The duration of the leave depends on the course of pregnancy and the complexity of childbirth.

Benefits may also be provided to the husband of a pregnant employee. Regardless of his length of service, he can take advantage of annual leave during his wife’s pregnancy and childbirth.

When are pregnant women provided with employment benefits?

Any pregnant woman, regardless of the stage of pregnancy, can request a change in the length of the working day. Preferences are required to be provided both in the first weeks and before going on vacation under the BIR.

To obtain privileges, the employer will need to present a document issued by a gynecologist at a medical organization. The latter can be obtained in the form of a standard certificate from the antenatal clinic.

It is not the employee's responsibility to request privileges. She has the right to refuse preferences in accordance with the Labor Code of the Russian Federation and continue to work as before.
To do this, it is enough not to submit a corresponding application.

All the above rules apply equally to any form of organization: budgetary institutions, entrepreneurs, commercial structures.

Shortened working hours for pregnant women

Home Rights of pregnant women and young mothers The presence of pregnancy is not a basis for denying a woman employment. When deciding whether to hire a person, only her business qualities and qualifications are subject to assessment. If they do not meet the requirements, then only in this case the employer may not hire a pregnant woman. When hiring, employers do not have the right to demand from a woman a document confirming that she is not pregnant, as well as any assurances or receipts that she is not planning a pregnancy in the near future. This contradicts the requirements of Article 65 of the Labor Code of the Russian Federation, which regulates the list of documents that must be provided for employment. If a pregnant woman is hired, the employer does not have the right to set a probationary period, send her on business trips, or involve her in overtime work. An employer does not have the right to dismiss a pregnant woman on his own initiative, regardless of the grounds for absenteeism, failure to fulfill official duties, staff reduction, etc. The only exception is the complete liquidation of an enterprise, when the activities of the organization as a legal entity are terminated, when an individual entrepreneur ceases operations, for example, due to with the expiration of the state registration certificate. During pregnancy, in accordance with a medical report, a pregnant woman should have production standards at the enterprise reduced or she should be transferred to light work that excludes exposure to harmful factors. At the same time, she must retain the average salary for the position in which she worked before the transfer.

Preferential working conditions for pregnant women

Additional privileges related to employees in this position relate not only to work schedule and wages, but also, as stated in the labor code, to the working conditions of pregnant women. And first of all, here it is necessary to note the need to transfer a pregnant employee from hazardous production to a safer job. In addition, pregnant women are prohibited from participating in jobs that require heavy physical labor. In this case, it is desirable that the salary correspond to what the expectant mother received before.

The Labor Code provides for certain benefits for representatives of the fair sex in this position. However, a woman has every right to refuse them if she believes that this will in no way affect the baby’s health. At the same time, you should definitely think about whether you need to participate in work underground or in carrying heavy loads, when the body needs strength to bear a child.

Article 254 of the Labor Law states that there should be no difference in wages for a pregnant woman when she is transferred from one place to another. This suggests that by using the provided benefit, the employee does not lose anything.

The Labor Code of the Russian Federation, or more precisely its Article 259, states that workers in this situation cannot be involved in night work, and should not go on business trips or on shifts. On holidays and weekends, pregnant employees are not involved in work activities unless the employee herself expresses such a desire.

Working conditions unacceptable for pregnant employees:

Regarding technical requirements, it is worth noting that expectant mothers are prohibited from lifting boxes or any goods above their shoulders.
Foot operated mechanisms cannot be operated.
You should not work in assembly line production with a preset rhythm.
You should also refuse work that requires serious psycho-emotional stress.
A pregnant employee may be transferred to another department if she has to work in a damp and drafty room.
This also includes interaction with various pathogens.
Work with serious changes in temperature and pressure is also considered harmful.

In all these and many other situations, the expectant mother may demand that the employer transfer her to another department while maintaining her salary. It is important to consider that the employer does not have the right to fire or lay off a pregnant employee until the child turns 3 years old.

Registration procedure

The following stages of shortening a shift or work week can be distinguished:

A pregnant woman turns to the antenatal clinic for a certificate of status.
Contact the company's HR department.
Submitting an application in writing (a medical certificate is attached to the application).
Leaving the resolution on the application.
Preparation of an additional agreement to the employment contract in two copies and its signing by the employer and employee.
Issuance of an order regarding changes to the work schedule.

The order also requires a statement of the procedure for changing the calculation of wages.

Application example

The application is not standardized and can be drawn up in free form. However, it must contain all the necessary information. When compiling, you can use the following example as a guide:

To the director of Orion LLC, V. B. Zaitsev, from project manager E. I. Sidorova.

statement.

I ask you to reduce your work shift by 1-2 hours due to pregnancy on the basis of Article 93 of the Labor Code of the Russian Federation. To confirm pregnancy, I enclose a certificate dated 09/08/2021 with registration number 0667785.

/Sidorova/ Sidorova E.I.

At the end of the application, a signature and date of preparation must be affixed. The exact content of the document depends on the wishes of the employee. For example, it may require a four-day workweek with an additional hour reduction in shifts.

ATTENTION! The document is drawn up in two copies. One of them remains in the personnel department, the other is in the hands of the employee

The second copy bears a mark indicating registration of the application in the appropriate journal. This is necessary to confirm that the paper has been submitted.

The application may contain additional requirements. For example, if an employee does not want to reduce her shift until her pregnancy is over, she can ask for a change in her work schedule for a few months or weeks.

Unscheduled annual leave

To receive leave, a new employee must work for the company for at least six months. Pregnant women are an exception. They can take vacation at any time. Article 122 of the Labor Code of the Russian Federation. The woman determines the dates herself and may not check the vacation schedule of her colleagues.

The manager does not have the right to call a pregnant employee on vacation to work, even if she agrees and has confirmed this in writing.

In the same way, the law prohibits Article 126 of the Labor Code of the Russian Federation from taking monetary compensation for vacation during this period.

What are the working conditions

Features of the structuring of the conditions suggest that the employer will perform a number of positions.

The Labor Code in 2021 describes light work for pregnant women as such that it excludes the possibility of:

actions related to carrying heavy loads;
occupying a position on an assembly line;
emotional and psychological stress;
the presence of harmful, toxic substances in the environment.

But depending on the field of professional employment, positions may vary slightly and have their own characteristics.

In the field of trade

In this case, harm at the place of employment is associated with positions that are present in trade.

For example, when a woman is engaged in sales of household chemicals. Despite the relative safety, it is worth limiting the influence of fumes of this kind.

The same goes for hard work. Often, a salesperson's job involves moving large volumes of goods during the working day.

A prescription in this area can be obtained from a doctor. You should describe to him the features of the work and he will identify the presence or absence of negative factors.

Video: transfer to light labor

In medicine

This area involves contact with the same chemicals. They have the greatest impact on laboratory workers. After all, when conducting research, chemicals, solutions and antiseptics are used.

The revision of the conditions may consist of a transfer to a different work procedure. For example, for general filling out forms and documentation. Which is much more favorable than the constant influence of drugs.

In banks

There is only one risk in this area - interaction with computer technology. The issue of the impact on health has not been fully studied.

In this regard, processing information on a computer and using printers/scanners falls within the scope of the employer’s decision.

He may, at his own discretion, shorten a woman's tenure in such work. The medical responsible person also prescribes the provisions separately.

He has the right to set a limit of working with equipment within three hours a day. Then the employer will have to transfer the pregnant woman to other conditions and replace the remaining hours with other actions. They do all this in the standard manner.

The obligation to create special conditions for women expecting a child falls on the employer. He must take all actions to establish comfort in the workplace.

At the same time, the law stipulates that the woman herself must begin the process. But the employer does not have the right to refuse her this point, as well as to fire her or terminate the agreement with her.

Responsibilities of the Chief

Every boss must fully respect all rights of the employee. The Labor Code provides for updating the work schedule of the expectant mother, taking into account her wishes. In addition to updating the schedule and reducing hours, additional considerations must be taken into account. benefits provided to pregnant women who are officially employed.

The manager will be required to thoroughly comply with all Labor Code norms and rules regarding expectant mothers specified in legislative acts.

Any refusal will be considered an illegal act.

Even if the employee’s desire has a negative impact on her work, it cannot become a reason for refusal. In such situations, the boss and employee try to find a compromise. Usually, during maternity leave, girls hire a temporary worker who will perform her duties temporarily.

The schedule of a pregnant girl should not contain a number of requirements:

Night shifts should not be included in the schedule of a pregnant woman, who may refuse them in accordance with Art. 96 Labor Code of the Russian Federation;
Working on weekends and holidays is also prohibited for pregnant women. The boss must comply with these rules specified in Article 112 of the Labor Code of Russia;
A pregnant employee can work overtime if she wishes, but should not perform additional work. work and work overtime, which is noted in Art. 99 TK;
Pregnant women should not work on shifts, this is stated in Art. 298.

Shortened working hours for pregnant women

Everyone knows that discrimination against women in the workplace is a fairly common phenomenon. Some employers even force a woman to take a pregnancy test before hiring her. Such actions are illegal and are prosecuted by law. The main thing is to know this and understand that the owner does not have the right to refuse to hire a pregnant woman at any stage.

In various ways, not only bosses try to harass a pregnant woman at work, but also colleagues, to whom some of the responsibilities are transferred. If you need to negotiate amicably with employees, then only knowledge of labor law works with your bosses.

Any pregnant woman, regardless of whether she feels well or not, should be transferred to light work, but with the written consent of both parties. In this case, wages remain the same. Even if the enterprise does not have a position to which a woman can be transferred, the unnecessary burden is removed from her. But are pregnant women's working hours reduced?

Not everyone knows that a reduced (shorter) working day for pregnant women is provided for by law. This issue is regulated by the Labor Code of the Russian Federation, Article No. 93. This regulatory document states that, at the request of the woman herself, the owner (director, manager, etc.) is obliged to transfer the woman to part-time or weekly work, regardless of the form of ownership of the enterprise.

Women of Ukraine are also protected by law, because according to the Labor Code, Article 56, they have the right to a reduction in both the working day and the week. In addition, according to paragraph 9, Article 179, a woman on maternity leave has the right to take work home, if possible, and at the same time receive child benefits and wages.

If the employer refuses this, then the woman can file a corresponding application in court and win it, after which her rights will be restored, and a fine will be imposed on the owner. Many do not bring the matter to trial and ultimately agree to reduce their working hours for pregnant women.

What should a working day be like for pregnant women?

There are three types of time reduction:

Part-time work for pregnant women.
This means that a woman will work several hours less per day (there is no clear figure, it all depends on the agreement between the parties)
Partial work week.
The length of the working day remains the same, but instead of five days, the woman will work for three.
Mixed type of reduction of working time (day, week) for pregnant women.
Both days (three instead of five) and hours (five instead of eight) are shortened. In order to switch to reduced working hours, you must write an application, sign a bilateral agreement and attach a doctor’s certificate confirming your pregnancy. Unfortunately, as the time decreases, the salary also becomes less (proportionally), which is stipulated by law. But light work is paid at the same level.

Norms for a shortened schedule in pregnant women

Despite the fact that Russian Labor legislation provides for a special work schedule for pregnant employees, this does not mean that they can work any number of hours. There are special standards that are taken into account when drawing up a special schedule for workers in this situation.

A shortened day is an opportunity to work not 8, but 6 hours a day. In addition, the employee may be offered a shortened week. In this case, the number of hours remains the same, but days off are added. Thus, the working period will be considered not from Monday to Friday, but from Tuesday to Thursday. You can find an alternative option. To do this, you should write a statement indicating that the pregnant employee wants to work 6.5 hours 4 times a week. In this case, an additional day off on Friday is provided.

It should also be taken into account that the reduction of the working day largely depends on how many hours a day the woman works as usual. This also applies to the weekly work schedule. In some cases, issues are resolved exclusively on an individual basis.

An employee can easily set up part-time work. To do this, you must first obtain a certificate from a medical institution stating that the woman is indeed pregnant. Next, a statement is written in any form addressed to the management. Here it is necessary to indicate exactly what benefits the expectant mother wants to take advantage of. That is, the application must express a desire to receive additional days off or a reduced working day. You can choose a third option with a shorter day and one additional day off.

These are the two main documents that need to be presented to the employer. Having received them, the boss must immediately respond and fulfill the request of the pregnant employee. Otherwise, he faces administrative punishment and a fine. It would not be superfluous for a woman to keep copies of the papers. They can be useful in case of controversial situations.

After the new work schedule for the pregnant employee has been discussed and all the nuances have been agreed upon, the employer issues an order, which is signed by the employee. Only after this can this issue be considered resolved. In this case, the agreement must be signed in two copies. One of them remains with the pregnant woman.

There are also cases when the employer simply does not want to comply with the request of a pregnant employee. Moreover, if we take into account that the labor code provides for a preferential work schedule for pregnant women, he is at great risk. Failure to comply with the requirements of the Russian Labor Code is punishable. If a woman can provide a pregnancy certificate from a medical institution and has written an application to change her work schedule, management does not have the right to refuse her.

At the same time, the expectant mother should take into account that changing the work schedule also entails a decrease in wages. This is the reason that employees in this position often give up their privileges.

Features of a shortened day for pregnant women

The provisions of Art. 93 of the Labor Code of the Russian Federation establishes the possibility for pregnant employees to demand that the employer provide them with a shortened working day. At the same time, the employer under no circumstances has the right to refuse the employee to fulfill her demands. An employee can ask the employer to change the duration of individual shifts or all work shifts as a whole, or to change the length of the working week. In this case, it is possible to demand a simultaneous reduction in both the time worked during a shift and the number of total working days per week.

Since working time in this case is recorded in accordance with the time worked, the employer has every right to proportionally reduce the wages of a pregnant employee, as well as any other employees working in accordance with such a regime.

Important fact

The reduced working hours regime, both for pregnant employees and for other employees, can in no way affect the payment of bonuses and other allowances, if any, for employees in similar positions working a full schedule.

Info

As soon as an employee of a medical institution records this fact and provides a certificate, the employee can exercise her right.

It is important to note that in order to reduce the length of the working day, a pregnant woman is not required to provide any additional documents or doctor’s recommendations or prove the fact of poor health. All you need is a standard certificate and an application addressed to the manager

Pregnant women should remember that the right to change the working hours arises regardless of whether the employer is a legal entity or an individual entrepreneur. It also applies to government agencies.

How are shortened shifts paid?

Wages may decrease if working hours are shortened. The order of its reduction depends on the calculation principles:

Based on the number of hours worked.
According to the volume of work performed.

In the first case, the size of the reduction is determined by the number of hours by which the shift was reduced. In the second case, a woman can maintain the same salary level if she fulfills the required quota. However, this norm is also reduced at the request of the pregnant woman.

The benefit has almost no effect on the amount of vacation or maternity pay. However, if a woman worked according to a modified work schedule for a long time, the amount of payments may be slightly reduced.

This is due to the fact that when calculating maternity benefits, the average salary for the last two years is taken into account. During the period of validity of the benefit, it may decrease, which will affect the final result of the calculations.