When is it legal to tell your employer about your pregnancy? How and when to speak at work

Now that the woman is completely confident in her “interesting position,” she needs to think about work issues. When should you tell your employer about your pregnancy? Work conditions and the overall environment should influence the decision when to talk about pregnancy at work. In fact, everything has already been decided for us and is strictly regulated in the Labor Code of the Russian Federation (Articles 255, 261 of the Labor Code of the Russian Federation). A pregnant woman should familiarize herself with these regulations in advance so as not to become deceived or have their rights infringed by their employer.

Pregnancy and work

However, the Labor Code of the Russian Federation does not stipulate anywhere when you need to notify your boss about your pregnancy? How to tell your boss. Here you need to rely directly on the working conditions and work environment. Only you can decide at what time it is best to inform your boss about your pregnancy. If the working conditions are quite harsh and require a lot of effort from you, both physical and moral, of course, the sooner the better.
The optimal option is 12 weeks of pregnancy. There are also many other aspects to consider. For example, visiting a clinic. Now you have responsibilities not only to the employer, but also to your future baby.

You must follow all doctor's recommendations. Before giving birth to a healthy child, you need to go through a difficult path of examinations and other features. You will have to take time off from work to undergo tests, visit doctors, and have ultrasounds. Therefore, the employer must be aware of your affairs in order to calmly release you for all procedures.

It is also worth remembering about ordinary ethics and care, so to speak. During your maternity leave, your employer should probably have time to find a replacement for you. Take care of this in advance. Do not create force majeure circumstances for your boss. In order to keep your relationship on track.

Quite recently, an interesting incident happened to my friend, which relates to this topic. I'll call her Katya. (Name is fictitious). So, Katya was planning to get a new job in a rather prestigious jewelry salon. The work promised to be interesting and profitable

In addition, the employment is official. But the organization is registered as an individual entrepreneur, and the goods in it are not for food purposes, which means the medical examination is not included in the mandatory employment procedure. At some stage of applying for a job, Katya learns the good news about pregnancy. What can we say now? On our part, of course, it’s about luck. After all, a pregnant woman who is employed receives more privileges than one who will be on government support while on maternity leave. What about the bosses? Katya did this. First, she shared her joy with her colleagues. The team turned out to be very good. They tried, if possible, to cover up the contented Katya, who was often absent on “pregnant matters.” After basic examinations and good predictions from the doctor about the course of pregnancy at about 12 weeks, Katya told her manager. Everything turned out to be simple - the manager was happy for the newly hired employee and began searching for a replacement. Now Katya is on maternity leave. And after maternity leave everyone is waiting for her back. Here's the story. Its moral is this: never be afraid to inform management about your pregnancy, even in a case like Katya’s. The main thing is not to hide it for too long, but to do it on time so as not to cause any inconvenience to anyone. There is no need to delay the moment of truth until your belly is already visible and difficult to hide from prying eyes.

What is an artificially created situation?

Getting a job during pregnancy for the sake of receiving benefits in the future is an artificially created situation. Its main features:

A woman does not apply for a vacant position (it happens that a position appears specifically for a new pregnant employee);
A woman’s education does not correspond to her position;
After an employee goes on maternity leave, a new employee is not hired to take her place.

Therefore, employment must be organized competently so that there is no reason to blame it for creating an artificially created situation. That is why one woman, having got a job at 22-23 weeks of pregnancy, receives all benefits without any problems, while another, having started working at 10 weeks of pregnancy, remains without benefits.

Rights and obligations of the parties

What can an employed pregnant woman expect? Let's consider some provisions of the Labor Code of the Russian Federation. By law, a pregnant woman employee must be provided by the employer with such payments as:

During the BiR leave, state social insurance benefits are paid

Payment to women who registered in the early stages of pregnancy - up to 12 weeks

Payment of a lump sum benefit upon the birth of a child

You can find out more about the calculation of these payments directly in the Labor Code of the Russian Federation.
Payment for timely registration at the antenatal clinic can be received simultaneously with the BiR benefit. You just need to provide the employer with a doctor's certificate. With this certificate, you can be sure that management will transfer you to light work and exempt you from overtime work and business trips.

It is worth noting that in case of dishonesty of management, a woman can always go to court and be right. To do this, you need to document your “interesting position” and record this point in the HR department. This is necessary in cases where the boss is not satisfied with the employee’s position and intends to ask her to resign. Unfortunately, this also happens.

Under no circumstances should you pay attention to such provocations. You must know that the law is on your side.

According to the law, an employer has the right to fire a pregnant woman only in one case - during the liquidation of the enterprise. And also an important point - if a woman worked under a fixed-term employment contract, the employer also does not have the right to dismiss the pregnant woman after the expiration of the contract. A woman needs to write an application to extend her employment contract. Dismissal at the end of the term can only be discussed after the young mother returns from maternity leave and starts work.

Dismissal at will can only be on the initiative of the employee herself. For a valid reason - health or family circumstances.

According to the Labor Code of the Russian Federation, a woman can count on:

Birth and labor leave is at least 70 days before childbirth and at least 70 days after.

How realistic is it for a pregnant woman to get a job?

Most expectant mothers believe that the issue of employment is closed for them. Very often, a woman could start looking for a job without being pregnant. Having become pregnant, she gives up all attempts to get the desired position.

At the same time, there are many examples of how pregnant women refuted the prevailing opinion about whether it is realistic to get a job while pregnant, and successfully resolved the issue of their employment.

Employers for the most part are not enthusiastic about applicants who, in the foreseeable future, must go on maternity leave. And the question here is not about the payments and benefits that the expectant mother will receive, because all payments are made at state expense. The employer is not attracted by the prospect of looking for a replacement for the employee in the near future.

Of course, each woman decides for herself whether it is worth getting a job while pregnant. This decision depends on the financial situation of the family, the well-being of the expectant mother and other aspects. But most women who get a job while pregnant will receive serious financial benefits, the opportunity to develop their careers, and provide certain guarantees for themselves and their unborn baby.

How to tell your boss

Be guided by your work environment.
What is your relationship with your superiors? How did the team react? Or maybe the management is already aware of all the events? Of course, you need to choose the most appropriate time and talk to your boss in person. You should not start the conversation right away by presenting the facts to a higher-ranking person. Start the conversation with your successes at work. Let them know that you are happy with the work and that you like it. Smoothly move on to the family topic. This way you can more gently inform your boss about your imminent departure. Wait until the manager is in a good mood. When there are no tense situations. Things will go uphill. Before the conversation, think - maybe you can vouch for someone and recommend one of the employees to take your place? This would be a great idea. This way you can smooth out the corners in your conversation and make it easier for your boss to find a replacement. In addition, if your management approves your proposal for a replacement, you will be able to transfer all your affairs to this person before going on vacation. This will make it easier for both you and your boss.

How difficult is it to find a job after maternity leave?

Employers have doubts about whether the employee will be able to work effectively after returning from maternity leave. These are due to the fact that, in the opinion of the employer, she may have lost the necessary skills. The prospect of frequent sick leave is also not attractive to the employer.

But being a young mother also has advantages. She should remember them when working to resolve the issue of how to get a job after maternity leave. This is a great desire to work. A young mother, missing work, works with great dedication. Such employees are characterized by increased loyalty to the employer. In an effort to prove their worth, they willingly improve their skills through additional training. What is important is that an employee with a small child has a huge incentive: responsibility to the small member of her family and financial obligations to him.

Normative base

Article 254 of the Labor Code of the Russian Federation stipulates that an employee for medical reasons can apply for a reduction in working hours. Pregnancy is one of these indications. The employer has the following obligations to the pregnant woman:

Reducing the duration of a shift at the request of an employee.
Reducing production standards, if they are present in production.
Transfer to a workplace with the most favorable conditions.
Protecting the employee from harmful and dangerous types of production that can negatively affect the woman and the fetus.
If it takes time to find a suitable vacancy for an employee, she is released from dangerous work throughout the entire period, but receives a full salary.

IMPORTANT! Despite the change in the work schedule, the pregnant woman retains her full salary. If an employee needs to undergo examination or treatment in a hospital setting, she retains her original job and salary for the entire period.

Article 93 of the Labor Code of the Russian Federation stipulates the procedure for reducing shifts. It is determined depending on the wishes specified in the employee’s application. The employer can reduce:

shift while maintaining a full week;
shift and week.
week while maintaining the same shift duration.

How to set up a part-time (shortened) working week ?

Similar benefits are provided to the following groups of persons:

People who have adopted children.
Persons with registered guardianship of a child under 14 years of age.
Employees raising a disabled child under 18 years of age.
Persons caring for sick relatives (a medical certificate will be required to receive benefits).

ATTENTION! When working hours are reduced, there is no deduction of vacation pay. The length of service is calculated without changes. Salaries are calculated in the same manner: based on hours worked or the totality of work performed.

Are pregnant women entitled to shorter working hours?

The fact of pregnancy is not a reason for transferring to work on a shorter schedule. A woman has the right to continue working full-time and even refuse to take sick leave under the BiR.

However, the management of the organization is obliged to establish part-time working hours for pregnant women at the expressed request of expectant mothers (Article 93 of the Labor Code of the Russian Federation). The duration of the reduction in working hours for pregnant women cannot be longer than the “period of the presence of the resulting circumstances”, i.e. a woman can choose either the entire period of pregnancy or part of it. The working hours for pregnant women are established in accordance with the wishes of the woman, taking into account the working conditions of a particular employer.

Labor legislation does not regulate the number of hours or days of work, but only allows, within the time schedule of the enterprise, to establish a reduced work schedule for pregnant women, including:

duration of daily work activity;
indication of the start and end time of work;
lunch and technical breaks.

At the initiative of a woman, it is possible to establish a part-time working day during pregnancy, a shortened working week, or the simultaneous combination of a short day and a shortened week. The minimum period of time required for the labor process or production standards are not regulated. The sending of pregnant women on business trips, production activities on weekends and non-working days, and involvement in overtime work are prohibited (Article 259 of the Labor Code of the Russian Federation).

The procedure for establishing a work schedule for pregnant women

The initiative to establish a work schedule for pregnant women different from that accepted in the organization and prescribed in internal local regulations should come exclusively from the woman. An employer, regardless of the form of ownership and business system, does not have the right to initiate a shortened day for pregnant women or a shortened week.

Algorithm for reducing working hours for pregnant women

While expecting a baby, an employee can exercise the right to use a convenient work schedule during pregnancy, regardless of timing and well-being. To exercise this right, all that is required is confirmation of pregnancy with a certificate from an outpatient facility and a written application to the administration. Updated working hours for pregnant women are established according to the following scheme:

The expectant mother writes a statement expressing her request:
enter an incomplete week indicating specific working days or additional days off;
establish a work schedule during pregnancy with a reduction in shifts and the number of days occupied in the labor process.

The head of the enterprise imposes a resolution within three days with registration:
an additional agreement to the concluded contract prescribing a new labor schedule.

In addition to the pregnancy certificate, the woman is not required to provide any additional documents. A written statement of any format is a kind of “order” for the manager, which does not give the right to non-fulfillment. A request is equivalent to a requirement, since its fulfillment becomes the responsibility of the employer’s management.

Application for reduction of working hours for pregnant women

There is no unified form for writing an application. The document is drawn up according to a standard template with the mandatory inclusion of the following information:

Indication of the addressee - the first person of the company in the dative case, full name and position held by the employee in the genitive case.
Link to the norm of the Labor Code of the Russian Federation, which gives pregnant women the right to reduce their working day (week).
The period of establishing an individual work schedule during pregnancy. TC contains only the maximum limiter, which should be understood as the entire period of pregnancy. However, a woman has the right to use any part of the period provided, and the remaining time to work as usual.
Detailed working hours for pregnant women, for example:
6-hour work day from 10.00 to 18.00;
lunch break from 13.00 to 14.00, technical breaks: from 11.30 to 12.00 and from 15.30 to 16.00.

Date, signature of the pregnant woman and attachment of the only document issued by the medical institution.

The employer does not have the right to make adjustments, except for indicating as the time involved in work that does not coincide with the organization’s work schedule.

Establishment rules

Labor legislation provides for three options for reducing the work schedule:

The duration of the shift is reduced, but the week remains full;
the week is reduced, but the duration of the shift remains the same;
The length of the week and shift are reduced at the same time.

But at the legislative level it is not established how many hours or days the reduction should be made. In each individual case, an individual approach is applied - the employer coordinates this issue with the employee. In practice, the day or shift is often shortened by one to two hours. Or an additional day off is provided each week.

With additional factors, reductions can be made to a greater extent, but this is not due to pregnancy, but to the special condition of the employee:

if there is a disability group (first or second), working hours per week are reduced to at least 35 hours;
the same rule applies to pregnant workers who have not yet reached the age of eighteen.

Women applying for a reduction in the number of working hours or days should take into account that:

Along with the reduction in hours allocated for work, they will lose some part of their wages (income will decrease).
When applying for maternity leave, the presence of a shortened work schedule will not affect the amount of maternity funds accrued. The calculation takes into account the last two years of employment.
The reduction cannot affect the duration of annual leave or maternity leave.
Reducing the number of working hours also does not affect the amount of accrued vacation payments.

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