How to take leave before the decree?

In the life of most women, there is a period of time when even the most avid careerists put work on the back burner. Legislation in this case fully supports women, giving them a rest time before and after childbirth. In addition, any worker has the right to take her annual paid vacation for at least two weeks before the decree. And this will allow the pregnant employee to fully rest before the most important work in life.

The right to leave

Legislation defines the right of citizens to work and rest. Vacation - this is the time when an employee is absent from work, but at the same time his personal workplace, position or status and average salary are compulsorily retained. Any employer must provide it to any employee at least once a year, for a period of not less than four weeks.

The right to leave is for all workers, regardless of the length of employment and the form of the employment contract. Rest is laid for all, regardless of the circumstances: and home-based workers, both seasonal and temporary.

There are several types of holidays for different criteria:

• Annual paid for from four weeks;
• Various additional days of rest, are given for certain merits or for years of experience;
• Special holidays, including maternity (only for women), as well as care (to any employee) until the baby reaches the age of one and a half or three years.

Of course, the employees in the situation may have a question: is the leave put before the decree? Most often this topic is raised in the case when the period of work in this institution is very small. According to the law, the right to first leave arises after a period of six months of continuous work. However, the employee in the position can register it before.

The rights of working women to have a vacation before maternity leave

Motherhood and childhood are under the special patronage of the state. Pregnant women are a separate category of citizens, especially protected by law. They are granted various benefits and additional maternity leave for three years and for pregnancy and subsequent childbirth for a minimum of 140 days. In addition, they are entitled to take their annual leave before the decree or after, as conveniently.

Any employee who has a certificate of pregnancy can apply for other additional benefits:

• Reduced working day ;
• Free visit to the clinic at a time convenient for a woman;
• Transfer to work, excluding the effect of harmful factors;
• An annual laid leave before the decree or, if convenient, after;
• Maintenance of average wages for all periods of incapacity for work, absence from work or leave.

If a pregnant employee is eligible for an extended or additional leave, it can be divided into parts. But this is possible only in consultation with the worker. You can take a month of leave before the decree, and the remaining days to have a walk after. It is convenient for the device and adaptation of the baby to a pre-school educational institution.

The employer is always obliged to issue leave to the pregnant woman before the decree. The basis will be a certificate from the medical institution and the statement of the employee. The employee has the right to it, regardless of the position and time of work in a particular organization.

Leave before the decree: how many days are there?

Unfortunately, pregnant women may not be aware of their rights. Employers, of course, are beneficial to keep employees in the dark. Nevertheless, even in this case, the worker asks herself: is it possible to take leave before the decree? To whom and for how many calendar or working days is it laid?

Lawyers and labor law specialists have answers to these questions:

• Any pregnant employee can be issued another vacation before the decree or after, at the request of the woman herself;
• Such a privilege is granted to all pregnant women;
• However, it should be taken into account that it is possible to take leave before the decree only if it has not yet been used in the calendar year;
• If the rest days are already used in the current calendar year, this privilege can not be granted;
• Calculating the days for the postponed leave before the decree (as it should be, every woman in the situation is interested), you should know that all those not left in the current calendar year, but not less than 14 days are provided.

Employers should remember the requirements of regulatory enactments. If the pregnant employee is interested in whether it is possible to take leave before the decree, then the administration should consult it competently. No matter how much time worked, neither the total length of service nor the special one is taken into account. The only reason an employer can not provide a woman with a leave before the decree is if he is already fully used in the current calendar year.

The number of days of rest is calculated based on the employment contract. Standard is 28 calendar days without holidays. A pregnant employee may take leave before the decree, in whole or in part. The employer has no right to impose his will in this case.

Obligations of the employer to grant leave before the decree

The administration of the enterprise is obliged to observe the norms of labor law and other legislative acts regulating relations with employees. It should be remembered about the special rights of pregnant women. It is necessary to provide safe conditions there, free access to health facilities and, if the employee expresses desire, another vacation before the decree.

In addition, it is the responsibility of the administration to inform employees about their rights. This is especially true for particularly vulnerable categories: minors, disabled people and pregnant women. If the employee is interested in whether the leave is before the decree, then you should give her an exhaustive consultation.

The employer should familiarize the pregnant woman with her rights, in particular with the features of granting leave. Despite the fact that the schedule of vacations was drawn up in advance, in December of the previous year, changes for this category of workers should be made. After all, often this situation is a surprise for all parties.

Leave before the decree on the application is provided in full, but only if it, as we have said, has not yet been used in the current calendar year. This means that, upon the application of a pregnant employee, an order is issued for the leave and appropriate entries are made in the personal card and vacation schedule.

A pregnant woman can ask for an annual rest days, not only before the decree, but at any other convenient time. Documentation procedure will be similar. The same leave can be used after the decree.

Employers are often worried about what to do with co-workers who have barely found a job and have not had time to work out for six months. But even in this case, a woman in the situation is entitled to all days of rest at any time, convenient for her, and not for administration.

Who can apply for leave before maternity leave?

Unfortunately, employees of enterprises often do not know the labor law and doubt the benefits they can claim. Pregnant women are a particularly protected category of employees. They do not have the right to fire, transfer without consent to another job or position, to be involved in overtime, nightly or community work. In addition, they are given the opportunity to freely visit the clinic at any time convenient for a woman and take any number of vacation days before the decree. However, there are exceptions in the last exemption. As you already know, women who have already rested in the current calendar year can not claim it.

Let's give some examples:

1. The employee works at the enterprise for five years and annually rests in May or June. Suppose, in January, she goes on maternity leave and subsequent childbirth, but she already went on a regular holiday in May. She has already managed to exercise her right to rest in the current calendar year and can not claim leave before the decree. However, management can offer it a few days in January, as this is the next reporting year.
2. The employee got a job in March, and in August learned that she was pregnant. She did not go on a regular holiday and has the right to apply for a full four weeks or more at any convenient time.

Any pregnant employee, regardless of the position and length of service, may ask for a regular leave and a decree to be combined if it was not used in the current calendar year.

Leave before the decree: how many days should I take?

According to the law, every employee is entitled to annual leave. Each category of working citizens will have different duration. For example, university teachers and school teachers rest 52 calendar days, and the number of vacation days for civil servants will depend on the length of service and some other indicators.

From the above, we can conclude that the number of days of vacation will be individual. However, in the calendar year, they can not be less than 28. The vacation days are allowed to be divided, but one of the periods must be at least 14 days. These minimum two weeks pregnant employee can attach to the decree.

When deciding on the number of vacation days, it should be noted that some of them can already be used. In this case, the pregnant employee attaches the remaining ones to the decree. If vacation days are not used, then you can take everything or, if desired, divide them into parts. Half of the vacation is to take a walk before the decree, and the second half after.

Employers should remember that leave before the decree for all legally prescribed days is granted to any pregnant employee. She is entitled to a full number of days. Only the worker herself can ask to divide the leave before the decree into parts. This will be reasonable for those whose rest exceeds the statutory 28 calendar days. For example, teachers or employees of a public institution.

Whether there is a sense to divide leave before the decree into parts, is solved by each pregnant employee independently. The employer has absolutely no right to press on it, or to put any conditions for the provision of legally prescribed rest days. If the leave is large enough and the woman doubts that she can easily leave the decree, then it makes sense to leave it for later.

Providing a pregnant woman an annual leave in advance

It happens that a woman takes a new job already pregnant or does not have time to go on an annual vacation, as she learns about her situation. In this case, she can claim a vacation before the decree in advance. It is provided for future work.

To arrange a holiday in advance, the employee must take a certificate from the medical institution that she is registered in pregnancy, and write a statement. These documents will be enough. A pregnant employee herself decides how many days of rest she will take, based on her personal preferences, health and family circumstances.

Subsequently, the leave taken in advance is considered to be an annual leave after the woman leaves the decree. However, employers may face a problem: the employee, due to certain circumstances, has to resign without having completed these days of rest. Unfortunately, the law in this case does not regulate the issue of reimbursement of employee benefits. You can only agree on working off or returning leave.

The procedure for issuing pre-de facto leave

Deciding to postpone the annual rest for a while before the decree, the pregnant woman should notify the employer, as well as stock a number of documents. It is necessary to take a certificate or any other confirmation of registration in the district women's consultation or a similar document from a private gynecologist. Without appropriate confirmation, the administration of the enterprise has the right to refuse to postpone the leave, even if the position of the woman is already quite obvious.

In general, the procedure for documenting the daily leave before the decree will consist of the following stages:

1. Registration of a pregnant woman with a corresponding certificate in a medical institution. Such a document is issued to a woman at her request by the attending physician and certified with a seal signed by the head of the women's consultation. Usually it takes from one to three days to process it.
2. Writing by the employee of the application for the transfer of leave with the obligatory indication of the number of days and dates. A woman must indicate the reason for the displacement of rest days. The dates of the beginning and the end of the leave are indicated and the total number of days is mandatory. The application is registered in the personnel department and is the basis for issuing the corresponding order.
3. Edition of the order on vacation. Can be in both unified and free form. The vacation order specifies its dates and the total number of calendar days. A pregnant employee is obliged to get acquainted with the document under the signature. A copy of the leave order is filed in a private file.
4. Making an entry in the employee's personal card. In the corresponding section, the employee of the staff service leaves a record of the leave, the basis is an order.
5. Making corrections in the schedule of holidays. This item is often ignored by the personnel department staff, but this document should record the changes in the dates and indicate the reference from the women's consultation and the employee's statement as the basis.

Compliance with these stages is strictly mandatory for enterprises of all forms of ownership.

What if the employer refuses a pregnant woman to carry an annual leave?

Unfortunately, employers can resist legislative norms, dissuade or intimidate pregnant women and even threaten them with dismissal. Employees should remember that such behavior is illegal and unacceptable. If the administration of the enterprise refuses to observe the norms of the labor law, then it is necessary to apply to the law enforcement bodies or to the labor protection inspection.

To protect one's right to carry a leave before the decree, if the employer refuses the pregnant employee, the following steps should be taken:

• Ask the administration for a written refusal to postpone the leave;
• Write a vacation application and register it with the personnel department;
• Record on the recorder your conversation with the authorities, thereby documenting the refusal to grant a legal right to carry the leave;
• Enlist the support of a lawyer;
• With a certificate of registration for pregnancy and all of the above evidence to apply to the district labor protection inspection, if such treatment does not help - to the prosecutor's office.

However, usually for employers who violate the law, it is enough to request in writing to give their refusal in the legal right to carry the leave before the decree. Do not be afraid to fight for your rights. Dismissal of a pregnant woman and other administrative sanctions are prohibited by law. If the administration threatens with problems in the future, upon leaving the decree, think: is it worth to go back to the employer who violates the law? In addition, for several years of absence from work, the situation and leadership may change several times, and your legal rest will remain untapped.

Should I write out the annual rest days before the decree?

And yet a pregnant woman should well weigh his decision to postpone the vacation. Is it really necessary to attach it to the decree? Perhaps it's worth taking the days after. After all, it is not known what will be the situation with going to work. It is useful to have a few weeks of stock.