Few people know, but the legislation of Ukraine provides for a small list of rights for pregnant workers. According to the medical report, the pregnant woman at her request/consent must reduce production standards, and service standards or transfer it to “easier” work, which eliminates the impact of adverse production factors, while maintaining average earnings from previous work (Part 1 of Article 178 Labor Code).
Before resolving the issue of transferring a pregnant woman to “easier” work, the employer must dismiss her from work while maintaining average earnings, for all missed working days ACCOUNTED by the employer (Part 2 of Article 178 of the Labor Code). If a pregnant woman’s earnings at a lighter job are higher than the one she received before the transfer, she is paid the actual earnings (Part 4 of Article 178 of the Labor Code).
In case of dismissal of a pregnant woman after the expiration of a fixed-term employment contract, the employer is obliged to employ her. For the period of employment, the pregnant woman retains the average salary, but not more than 3 months from the date of termination of the fixed-term employment contract (Part 3 of Article 184 of the Labor Code).
At the request of the pregnant woman, the employer is obliged to establish her part-time work (Part 1 of Article 56 of the Labor Code).
A pregnant worker may exercise the right to go on annual leave at a time convenient to her before the start of maternity leave (paragraph 3 of Part 13 of Article 10 of the Law on Leave).
After the doctor issues a certificate of incapacity for work, the pregnant woman has the right to continue working. The employer must pay for such days as working days. A pregnant woman is entitled to receive assistance from the Social Insurance Fund from the moment she goes on maternity leave.
Therefore, given the above, we can be sure that the state properly enforces the rights and guarantees of pregnant workers, but it is necessary to take into account their proper implementation by the employer.
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