You can take unpaid leave before decree, but after agreement with your employer. It is issued on the basis of a written statement indicating the main reasons.
A pregnant woman may have many reasons why it becomes necessary to take unpaid leave before decree. Often they are associated with health conditions or the inability to perform heavy physical labor. The question arises: can a woman insist on giving her such a leave?
This provision is governed by Article 128 of the Labor Code of the Russian Federation. It lists the persons to whom the employer is simply obliged to provide leave at his own expense. But pregnant women are not on this list.
The employer independently decides whether to let the girl go on vacation. Usually family circumstances or other reasons are given as the reason. The duration of such a period is determined by an agreement that is reached between the employee and the employer.
Leave at the discretion of the employer
This group is considered one of the most extensive. Legislation presupposes a balance between the interests of employees and management. Thanks to this, it is possible to strike a balance between the interests of employees and management. Corporate interests are also taken into account. The employer has the right to provide holidays at his own expense, but there are no settings at the level of legislative documents regarding the timing.
How to get maternity leave?
The vacation schedule for the next year is usually drawn up until mid-December of the current year. In order not to have problems with this moment, inform in advance that you plan to relax before the decree.
If you did not expect to go on vacation, but the situation has changed, write a statement. First, they give it to their immediate supervisor for signature, and then they take it to the personnel department. Try to describe in as much detail as possible the reasons why you need a vacation. It is advisable to provide a link to the law or requirements.
If all documents are signed, then an order is issued on their basis, it indicates:
- what day is considered the date of the beginning and end of the vacation;
- when the employee will need to start his duties;
- grounds and data of the second party who signed the application.
What if the employer refuses to give leave?
If the employer has not agreed to leave before the decree, then it is worth remembering that according to Article 261 of the Labor Code of the Russian Federation, there are certain guarantees. So, for example, you cannot terminate an employment contract with a pregnant woman. The only exception is the case of liquidation of the organization or the termination of the activities of the individual entrepreneur.
In article 260 of the Labor Code of the Russian Federation, there is a clause that says that maternity leave is not a reason for refusing an annual paid one. The latter does not depend on the length of service. This norm is mandatory. If requested, the employer is obliged to provide it to you in full. If there are days not spent from the annual paid leave, then it is best to use them before the decree.
If you can't find a compromise with your boss, you can request to switch to part-time or part-time work. This will not negatively affect seniority or annual leave. Such a right is enshrined in law, therefore, if you refuse these points, you can safely contact the labor inspectorate or the court.
Some pregnant women recommend going to a paid medical clinic to get sick leave for these days. But lawyers strongly do not recommend deceiving the employer, since the information can be easily verified, and after the release of the decree, troubles can arise.
In conclusion, we note: the management will be obliged to pay maternity benefits if the employee goes on maternity leave during unpaid leave. Indeed, even in this case, the woman continues to be the insured person. From the beginning of pregnancy leave, the unpaid vacation is considered to be interrupted. You can rely on the salary and the wage rate if there are no actually worked days.
