Article 260 of the LC RF. Annual leave for pregnant women

Any woman before the beginning of the decree or after him can take a proper vacation. The basis for this can serve as various family circumstances, unimportant well-being or a simple desire to relax. Article 260 of the LC RF allows every pregnant woman or already become a mother to take leave, and the employer is obliged to allocate time for this.

Pregnant under protection

The Labor Code contains quite a few articles that guarantee protection for pregnant women and women raising young children.

Specifically, Article 260 of the LC RF regulates the possibility for working women in a position to choose the time of the next holiday, relying on the schedule of holidays in the organization.

A woman can rest:

1. Right before going to the decree.
2. After the decree.
3. During maternity leave. This option, although it has, is not preferable, because in this case the woman loses her right to social benefits.

The right of a woman waiting for a child to take a vacation is prescribed by Article 260 of the LC RF. Annual leave for pregnant women is provided by:

1. Permanent employee before going on the decree or after at any time, according to the schedule of the company's vacation.
2. To the external part-time worker at presentation of the certificate on granting of similar holiday on the basic place of work. The employee must present a copy of the order or an extract from the vacation schedule.
3. A worker who works in part-time work according to the schedule of holidays.

Additional leave

In addition to the standard annual rest, article 260 of the LC RF allows a working pregnant woman to take extra leave. But this type of vacation is not characteristic for all professions. Take it can women:

• Working in organizations with harmful, as well as dangerous conditions (the period of a proper rest is 7 days);
• Who have a non-standard working schedule (the period of rest is 3 days);
• Having a special nature of work (the period of rest is determined by the decision of the Government of the Russian Federation).

Consequently, a woman who expects a child has the right not only for standard leave, but also for extra time for rest according to the norms established by law and the local acts adopted in the organization . The fact of providing additional rest must be specified in the labor agreement with all employees.

For information, the law prohibits replacing the leave that a pregnant woman takes for monetary compensation for unused rest.

Decor

In order to properly arrange a vacation, you must follow the following algorithm:

1. Write an application for legal leave. The basis of the document should be article 260 of the LC RF. This is done so that the employer sees the woman's awareness of her rights. And besides, the reference to the article of the code will not allow to deny a woman if this leave was not used earlier.
2. Provide a certificate of pregnancy.

If the leave has already been used up to a specific moment, the employee does not have the right to take it again.

When it is profitable to relax

Article 260 of the LC RF with comments allows a working pregnant woman to take leave before or immediately after the decree. But when is it more profitable to do this? To answer the question, it is necessary to look at the periods for which vacation pay is calculated:

1. Salary for the year, which was paid until the desired rest.
2. In the absence of earnings for the specified period, the previous year is taken.

If the salary for the month during the accounting year before the moment of entering the decree was unchanged, then the average daily earnings would be unchanged.

From the point of view of finance, to go on vacation after the decree is profitable only when in the last four months before the decree the employee received a monthly bonus, which is included in the calculation of vacation pay. Accordingly, the premiums increase the average daily earnings for that period, which is included in vacation pay.

In other cases, the employee is better than herself to choose the time to leave on leave, based on family circumstances and personal desires.

Guarantees for pregnant women

Article 260 "Guarantees for women in connection with pregnancy and childbirth in determining the order of granting annual leave" provides for several types of guarantees:

• The inalienable right of a woman waiting for a child to take legal leave during the first 12 months of employment until the end of six months of work in a particular company;
• The inalienable right of a pregnant woman to take leave for any of the following years, not with an emphasis on the vacation schedule, but at the time specified in this article.

Comments on the article

Let's consider the main explanations to Article 260 of the LC RF:

1. Taking Part 2 of Art. 122 TC, the opportunity to take leave arises after six months of permanent work, and part 3 of this article establishes categories of workers who are an exception, this includes pregnant women.
2. Labor legislation provides pregnant women with two basic guarantees of care in annual leave (discussed above).
3. Legislation establishes the periods when a woman can take leave: before delivery, after leaving the decree, immediately after childbirth. At the same time, the deadline does not matter.
4. The employer must take into account the aforementioned facts when forming the vacation schedule. At the same time, a woman can use leave if she left the decree earlier, and also works during a decree at home or a part-time day.
5. Leave can be granted only on the basis of an application from the employee.

Take a vacation can and the person who adopted the child, the father who brings up the child alone, the guardian. If the husband wishes a pregnant employee, leave may be granted to him during the decree of his wife, regardless of the period worked out by the employer.