Congratulations, you will have a baby. Now you should get acquainted with your rights during pregnancy and the period of taking care of child. This article is a guidebook for pregnant women, it explains their rights and means of protection in detail.
Let’s talk about it circumstantially.
Prohibition of dismissal
It shall be prohibited Rescission of the employment contract upon the initiative of the employer shall be prohibited in the case of pregnant women, from the day of submitting a reference to the employer until one month after the maternity leave.
Incomplete working time
A pregnant woman oran employee who have a child under the age of one year shall have the right to demand incomplete working time or incomplete working week /it may be defined by reducing the working days of the week or the working day, or applying both at the same time/. Duration of the incomplete working time and the procedure for providing it shall be defined upon consent of the parties and may be included in the employment contract.
Pregnant women or employees who take care of a child under the age of one year may be engaged in overtime work, in night work, in duty, in work on non-working days, on holidays days, may be sent to business trips upon their consent.
Pregnancy and maternity leave
The Labor Code of RA regulates pregnancy and maternity leave and estimates the following time limits։
1) 140 days (70 days for pregnancy leave, 70 days for maternity leave);
2) 155 days (70 days for pregnancy leave, 85 days for maternity leave) in case of hard delivery;
3) 180 days (70 days for pregnancy leave, 110 days for maternity leave) in case of simultaneous delivery of more than one child.
In case of early delivery, unused days of pregnancy leave shall be added to the days of maternity leave.
Leave granted for taking care of a child under the age of three
This is a type of special purpose leave.
Leave for taking care of a child under the age of three shall be granted upon the request of the mother, father of the family, or the guardian who is actually taking care of the child.
Protection of motherhood
When a pregnant woman and a woman taking care of a child under the age of one need to undergo medical examination during the working time, the employer shall be obliged to release her from the performance of employment duties by maintaining the average salary, which is calculated on the basis of the average hourly salary rate. Apart from general break for rest and meal, a breast-feeding woman shall be given an additional break of at least 30 minutes once every three hours to feed a child until the child is a year and half. In the period of breaks prescribed for feeding the child, the employee shall be paid in the amount of the average hourly salary.
Now let’s talk about benefits. We can divide them into two types. Benefits which are paid during pregnancy and maternity leave (during the period of having the right of leave) and benefits for taking care of a child under the age of two
Persons who have the right of maternity leave
1) employed women
2) individual entrepreneurs and notaries (hereinafter self-employed persons)
3) unemployed women
Maternity benefit of employee is paid for all calendar days of pregnancy and maternity leave. It is calculated on the ground of average salary. The benefit is calculated and paid by an employer after introducing necessary documents during the period of salary payment prescribed by legislation. The benefit is paid on the basis of temporary incapacity document provided by medical institution.
Maternity benefit for unemployed is appointed on the basis of temporary incapacity document provided by medical institution in accordance with the procedure established by the Government of the Republic of Armenia and state certificate upon medical support during childbirth. The amount of maternity benefit paid to an unemployed is calculated in the way described below:
Half of minimum wage estimated by legislation is divided into 30.4 (average amount of days for a month) and is multiplied by 140 (calendar days of maternity and delivery leave)
Benefit for care of a child under the age of two
A parent, foster parent or guardian who is in the leave for the care of a child under the age of 3 has the right of benefit for taking care of the child under the age of two according to the procedure established by Labor Law of RA. If a parent has more than 2 children under the age of two, the benefit is calculated and paid for each child. The amount of benefit for a child under the age of 2 is 18.000 AMD.