Article 260 of the Labor Code of the Russian Federation. Pregnancy annual leave

Any woman can take the required leave before or after the decree. The basis for this can be various family circumstances, poor health or a simple desire to relax. Article 260 of the Labor Code of the Russian Federation makes it possible for every pregnant or already-mother to take a vacation, and the employer must 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 Labor Code of the Russian Federation regulates the ability of working women in position to choose the time for their next vacation, based on the vacation schedule in the organization.

A woman can relax:

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

The right of a woman expecting a child to take a vacation is prescribed by Article 260 of the Labor Code of the Russian Federation. Maternity leave is provided for:

1. To a permanent employee before going on maternity leave or after at any time, according to the vacation schedule adopted by the company.
2. An external part-time employee upon presentation of a certificate of such leave at the main place of work. The employee must present a copy of the order or an extract from the vacation schedule.
3. A female part-time worker in accordance with the vacation schedule.

Extra vacation

In addition to the standard annual vacation, article 260 of the Labor Code of the Russian Federation allows a working pregnant woman to take additional leave. But this type of vacation is not typical for all professions. Women can take it:

• working in organizations with harmful as well as dangerous conditions (the period of due rest is 7 days);
• who have an irregular work schedule (rest period of 3 days);
• having a special nature of work (the rest period is determined by the decision of the Government of the Russian Federation).

Therefore, a woman expecting a child has the right not only to a standard vacation, but also to additional time for rest in accordance with the norms established by the legislation and local acts adopted by the organization . The fact of providing additional rest should be indicated in the labor agreement with all employees.

For information, the law prohibits replacing vacation taken by a pregnant woman with monetary compensation for unused vacation.

Decor

In order to properly issue a vacation, you must adhere to the following algorithm:

1. Write an application for legal leave. The basis of the document should be article 260 of the Labor Code of the Russian Federation. This is done so that the employer sees the woman's awareness of their rights. And besides, an indication of an article of the code will not allow a woman to refuse if this vacation has not been used before.
2. Submit a pregnancy certificate.

If the vacation has already been used up to a specific moment, the employee has no right to take it again.

When is it profitable to relax

Article 260 of the Labor Code of the Russian Federation, with comments, allows a working pregnant woman to take leave before the decree or immediately after it. But when is it more profitable to do this? To answer the question, you need to look at what periods the calculation of vacation pay is made:

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

If the wages for the month during the accounting year until the decree was unchanged, then the average daily earnings will be the same.

From the point of view of finances, going to rest after the decree is beneficial only when, in the last four months before the decree, the employee received monthly bonuses, which are included in the calculation of vacation pay. Accordingly, bonuses increase the average daily earnings for the period that is included in vacation pay.

In other cases, the employee is better to choose the time of going on vacation, based on family circumstances and personal desires.

Guarantees for pregnant women

Article 260 “Guarantees to women in connection with pregnancy and childbirth in determining the priority for the provision of annual leave” provides for several types of guarantees:

• the inalienable right of a woman expecting a child to take legal leave for the first 12 months of work 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

Consider the main clarifications to article 260 of the Labor Code of the Russian Federation:

1. Given h. 2 Article. 122 of the Labor Code, the opportunity to take a vacation arises after six months of permanent work, and part 3 of this article establishes the categories of workers who are an exception, this includes pregnant women.
2. Labor laws provide pregnant women with two basic guarantees for taking annual leave (discussed above).
3. Legislatively established periods are when a woman can take a vacation: before childbirth, after leaving the decree, immediately after childbirth. At the same time, the production period does not matter.
4. The above facts, the employer must take into account when creating a vacation schedule. At the same time, a woman can use the leave if she left the decree earlier, and also works at the time of decree at home or part-time.
5. Vacation can be granted only on the basis of an application from an employee.

A person who has adopted a child, a father raising a child alone, a guardian can also take a vacation. If the husband wants the pregnant employee, leave can be granted to him during the decree of his wife, regardless of the period worked by the employer.