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Publication date: 26.04.2024
active and purposeful military lawyer with more than 4 years of experience
About benefits and guarantees related to the working conditions of pregnant women and women with children
Protecting the health of pregnant and nursing mothers and their protection from discrimination in the field of work is a prerequisite for achieving true equality of opportunities and treatment for women and men in the field of work, as well as for giving workers the opportunity to raise children in conditions of social security.
Basic benefits and guarantees for pregnant women and women with children
The Code of Labor Laws of Ukraine (hereinafter referred to as the Labor Code) provides for a number of benefits and guarantees related to working conditions for pregnant women and women with children. Let's consider the main ones.
Thus, pregnant women, according to a medical opinion, have reduced production standards, service standards or are transferred to another job that is easier and excludes the influence of adverse production factors, while maintaining the average earnings from the previous job.
Until the issue of providing a pregnant woman with other work, which is easier and excludes the influence of adverse production factors, in accordance with a medical opinion, she is subject to dismissal from work with preservation of average earnings for all work days missed as a result at the expense of the enterprise, institution, organization.
Women who have children under the age of three, in the case of inability to perform the previous job, are transferred to another job with the preservation of the average earnings from the previous job until the child reaches the age of three.
If the earnings of such women in lighter work are higher than what they received before the transfer, they are paid their actual earnings.It should be noted that women with children under the age of one and a half are given, in addition to the general break for rest and food, additional breaks for feeding the child. These breaks are provided at least every three hours, lasting at least thirty minutes each. If there are two or more infants, the duration of the break is set at least one hour. Breaks for feeding a child are included in working hours and are paid according to average earnings.
At the request of a pregnant woman, a woman who has a child under the age of 14 or a child with a disability (in particular, one who is under her care) or cares for a sick family member in accordance with a medical opinion, the employer is obliged to provide her with a part-time job day or part-time week.
Rest time for pregnant women and women with children
On the basis of a medical opinion, women are granted a paid leave in connection with pregnancy and childbirth lasting 70 calendar days before childbirth and 56 (in case of the birth of two or more children and in case of childbirth complications - 70) calendar days after childbirth, starting from the day of childbirth .
The duration of leave in connection with pregnancy and childbirth is calculated in total and amounts to 126 calendar days (140 calendar days - in case of birth of two or more children and in case of childbirth complications). It is provided to women completely regardless of the number of days actually used before childbirth.
At the woman's request and in the absence of medical contraindications, part of the 70-calendar-day leave provided before childbirth can be transferred and used by the woman in part or in full after childbirth, starting from the day of childbirth. At the same time, the total duration of leave cannot exceed a total of 126 calendar days (140 calendar days — in the case of the birth of two or more children and in the case of childbirth complications).
At the woman's request, she is granted childcare leave until she reaches the age of three with payment for these periods of care in accordance with the law.
Employers, at their own expense, can provide women with partially paid leave and unpaid leave to care for a child of longer duration.
If a child needs home care, a woman is compulsorily granted unpaid leave for the duration specified in the medical report, but no longer than until the child reaches the age of six.It is worth noting that leave to care for a child before the child reaches the age of three is not granted if the child is in state care, except for adopted children in foster families and foster children in family-type orphanages.
Leave for child care, provided for in parts three, four and six of Article 179 of the Labor Code, can be used in full or in parts also by the child's father, grandmother, grandfather or other relatives who are actually taking care of the child.
If a woman wishes, they can work part-time or at home while on maternity leave.
In the case of granting leave to women in connection with pregnancy and childbirth, upon the application of the woman, it is obligatory to add to it the annual basic and additional leave, regardless of the duration of her work at this enterprise, institution, organization in the current working year.
Leave to take care of a child until the child reaches the age of three and leave without salary are counted both to the general and to the continuous work experience and to the work experience in the specialty.
Article 182 of the Labor Code stipulates that women who have adopted newborn children directly from the maternity hospital are granted leave from the day of adoption for a duration of 56 calendar days (70 calendar days - in case of adoption of two or more children) with the payment of state assistance in accordance with the established procedure. Women who have adopted a child from among orphans or children deprived of parental care, older than three years, are granted a one-time paid leave in connection with the adoption of a child for a duration of 56 calendar days (70 calendar days - in case of adoption of two or more children) without taking into account public holidays and non-working days after the decision to adopt a child enters into force. This leave can also be used by the child's father.In addition, a woman who works and has two or more children under the age of 15, or a child with a disability, or who has adopted a child, a mother of a person with a disability since childhood of subgroup A of the I group, a single mother, a father of a child or a person with a disability since childhood of subgroup A I group, who raises them without a mother (including in the case of a long-term stay of the mother in a medical institution), as well as a person who has taken care of a child or a person with a disability since childhood of subgroup A I group, is granted annual additional paid leave for the duration of 10 calendar days, excluding holidays and non-working days (Article 73 of the Labor Code).
If there are several reasons for granting this leave, its total duration cannot exceed 17 calendar days.
We emphasize that the dismissal of pregnant women and women who have children under the age of three, at the initiative of the employer, during their stay on leave due to pregnancy and childbirth and to take care of the child until it reaches the age of three, is not allowed, except in cases of complete liquidation enterprises, institutions, organizations, when dismissal with mandatory employment is allowed.Also pregnant women, employees who have a child under the age of three or take care of a child in accordance with a medical opinion until the child reaches the age of six, employees who have two or more children under the age of 15 or a child with a disability, parents of a person with a disability with children of subgroup A of I group, as well as persons who have taken care of a child or a person with a disability from childhood of subgroup A of I group, may work under the conditions of home work and remote work, if possible, taking into account the work performed, and the employer must for this appropriate resources and means.
