Publication date: 20.04.2024
active and purposeful military lawyer with more than 4 years of experience
When exactly to go on vacation in connection with pregnancy and childbirth? From now on, pregnant women can choose their vacation time independently
From now on, pregnant women can voluntarily start maternity leave after the 30th week of pregnancy. For this, it is enough to submit an application to the doctor who manages the pregnancy.
Recently, the Verkhovna Rada adopted the Law of Ukraine dated July 13, 2023 No. 3238-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding the Peculiarities of Using Leave in Connection with Pregnancy and Childbirth", according to which a pregnant woman has the right to start leave in connection due to pregnancy and childbirth later. Currently, it will be implemented in practice in accordance with the issued order of the Ministry of Health of October 18, 2023 No. 1810 "On Approval of Changes to the Procedure for Forming Medical Opinions on Temporary Incapacity in the Register of Medical Opinions in the Electronic Health Care System", which was state registered and entered into force on 10 November 2023.
How was it before?
If a woman was seen by a doctor during pregnancy, at the beginning of the 30th week of pregnancy, the doctor formed a medical opinion on temporary incapacity for work (MVTN) for the patient under the category "Pregnancy and childbirth", and from that date the woman had to go on leave in connection with pregnancy and childbirth .
On the basis of this medical report, an electronic sick leave was formed, which was automatically sent to the employer.
If a woman wanted to continue working, she could do so, but the number of days of leave due to pregnancy and childbirth was reduced in proportion to the number of days she continued to work.In addition, the amount of maternity allowance was also reduced, as it is determined by the actual duration of the leave.
Read also: Will leave be granted in connection with pregnancy and childbirth to a woman with whom the company has suspended the employment contract?
How will it be now?
A pregnant woman will be able, after the 30th week of pregnancy, to determine the start date of leave due to pregnancy and childbirth. If she wants to start her leave from the 30th week of pregnancy, she does not need to do anything additional - by default, the medical opinion of temporary disability will be issued from the 30th week of pregnancy.
But if a woman wants to continue working after the 30th week, during the first visit to the doctor after the beginning of the 30th week of pregnancy, she submits an application to the doctor managing her pregnancy, and notes in it the date from which the MVTN should be formed.
If she gives birth before the date specified in the application, the MVTN will be formed from the date of delivery. Such a process will not affect the total duration of MVTN and leave, respectively. Which, in turn, will not lead to a decrease in the amount of assistance in connection with pregnancy and childbirth.
Expert's explanation: New procedure for granting leave in connection with pregnancy and childbirth
We would like to remind you that the standard term of the MVTN is 126 calendar days, but for women who have given birth to several children or had complicated or premature births, this term is extended by another 14 days.
