Publication date: 20.05.2024
active and purposeful military lawyer with more than 4 years of experience
Can the CEO partially fulfill his duties while on vacation abroad?
SITUATION
Can the CEO, while on maternity leave, partially continue to perform his work? With what document and how exactly to issue it? How to solve the problem with signing documents if the CEO is abroad?
DECISION
The CEO is also an employee, so he is subject to labor law requirements.
Regarding the granting of leave in connection with pregnancy and childbirth
Paid leave in connection with pregnancy and childbirth is granted to women on the basis of a medical report in accordance with Article 17 of the Law of Ukraine dated November 15, 1996 No. 504/96-BP "On Leave" (hereinafter - Law No. 504) and the first part of Article 179 of the Code Labor Laws of Ukraine (hereinafter - Labor Law). According to Article 20 of Law No. 504 and the second part of Article 179 of the Labor Code, the duration of leave in connection with pregnancy and childbirth is calculated in total and amounts to 126 calendar days (140 calendar days — in the case of the birth of 2 or more children and in case of complications of childbirth). Leave in connection with pregnancy and childbirth is granted in full, regardless of the number of days actually used before childbirth.
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From October 1, 2021, medical reports will be issued electronically.In accordance with paragraph 10 of Section III of the Procedure for Forming Medical Opinions on Temporary Incapacity in the Register of Medical Opinions in the Electronic Health Care System, approved by the Order of the Ministry of Health of Ukraine dated June 1, 2021 No. 1066, the medical opinion of the "Pregnancy and Childbirth" category is formed:
• at 30 weeks of pregnancy;
• for the period that includes 70 calendar days before childbirth and 56 (in case of birth of 2 or more children and in case of complications of childbirth — 70) calendar days after childbirth;
• at 27 weeks of pregnancy with a duration of 180 calendar days (90 days for the period of prenatal temporary incapacity for work and 90 — for the period of postpartum temporary incapacity for work) — for women who belong to the I-III categories of victims of the accident at the Chernobyl NPP (on the condition that such patients present identity card of a person who suffered as a result of the Chernobyl disaster, issued in accordance with the procedure approved by the Cabinet of Ministers of Ukraine);
• in the case of premature birth up to 30 weeks of pregnancy — for 140 calendar days in the case of a live birth, and in the case of stillbirth during such birth — 70 calendar days;
• in case of premature or multiple births, occurrence of complications during childbirth or in the postpartum period, on the basis of a medical record — for 14 calendar days, except for premature births up to 30 weeks of pregnancy and women classified as I-III categories of victims as a result of the accident at the Chernobyl NPP .Regarding the payment of leave in connection with pregnancy and childbirth
The conditions for providing and the duration of maternity benefits are defined in Article 25 of the Law of Ukraine of September 23, 1999 No. 1105-XIV "On Mandatory State Social Insurance" (hereinafter - Law No. 1105): maternity benefits are provided to the insured person in the form of material support, which compensates for the loss of wages (income) for the period of leave due to pregnancy and childbirth.
