What is maternity leave? "Dekret" is an informal term not found in the Labour Code. Broadly, it comprises two parts: pregnancy and childbirth leave, and childcare leave until the child turns three. Their payment arrangements differ. Pregnancy and childbirth leave may last 70 days before delivery and 70 afterwards, or longer in some cases. Childcare leave may be taken until the child reaches three years of age. The employee retains the right to return to work at any time, take the leave in full or in parts, and interrupt it.
Not only mothers. Only a woman can take pregnancy and childbirth leave, but childcare leave and benefit until age one and a half are available not only to the father, but also to working grandparents, other relatives and guardians. They cannot all take leave and receive the benefit together: only one person may do so.
Your rights. The state protects a woman’s employment rights while she prepares for childbirth or cares for a young child. Throughout this period, the employee retains her position and her length of service continues to accrue. Dismissing an employee on maternity or childcare leave is almost impossible, although the job cannot be preserved if the company is liquidated. An employer must provide part-time work at a pregnant woman’s request. Pay will correspond to the time worked.
Feeding breaks. Few people know that working women with children under one and a half are entitled to additional feeding breaks, as well as their lunch break. These must last at least 30 minutes every three hours, or an hour if there are two or more such children. At the woman's request, the breaks may be combined and moved to the beginning or end of the working day. These breaks are paid.
Maternity-cover position. This is temporary, not permanent. The employer concludes a fixed-term employment contract with the candidate for the period when the permanent employee is absent. Such contracts usually specify not an exact end date, but the event that terminates the contract: the permanent employee’s return to work from maternity leave.
Is it risky to accept a maternity-cover position? No. Your rights and obligations are the same as those of permanent employees and are established by the Russian Labour Code. An employee covering for a permanent worker can also qualify for maternity leave with payments and benefits.
Taking maternity leave while covering another employee's maternity leave. This is possible under certain conditions, because the employee has a fixed-term employment contract. Until that contract is terminated, you may extend it until the end of your pregnancy. To do so, you must provide a written application and a medical certificate confirming your pregnancy. You may also take pregnancy and childbirth leave; under the Russian Labour Code, the employer must extend the fixed-term contract until that leave ends.
The Labour Code is on your side. Suppose the permanent employee returns from maternity leave, while the replacement employee learns she is pregnant and informs the employer in time. The employer must then offer both a vacant position or job matching her qualifications and any lower-level or lower-paid vacant work she can perform given her health.
When can a pregnant woman be dismissed from a maternity-cover position? Dismissal during pregnancy because a fixed-term contract expires is permitted if, with her written consent, she cannot be transferred until the end of pregnancy to another job available with the employer.