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Regulations related to maternity leave and the rights of a working pregnant woman depend on the contract under which the mother-to-be is employed. Depending on it, it may be possible, among other things. release of a pregnant woman. Check out the regulations that apply to moms-to-be depending on the type of contract.
Pregnancy and the employment contract
The employment contract is the most stable contract for pregnant women. It also gives the most privileges to the mother-to-be. In most cases of an employment contract, a pregnant woman cannot be fired. The exception is a trial period or the end of the contract before the 3rd. month of pregnancy. In other cases, the contract must be extended until delivery.
Pregnancy and the contract of mandate and work
In the case of an assignment contract, a woman is not protected by the Labor Code as is the case with an employment contract. However, she is entitled to sickness benefits if she previously opted for voluntary sickness contributions. This is beneficial during pregnancy, as the mother-to-be is entitled to 100% of the benefit base. Note, however, that this only applies after 90 days of continuous sickness insurance. It is also important to note that in the case of civil law contracts – commission and contract for work, there is no maternity or parental leave.
In the case of a work contract, a pregnant woman is not entitled to any benefits, including sick pay. This is the least favorable deal for moms-to-be.
Pregnancy and own business
Your own business forces you to pay mandatory health or social insurance. If a woman is planning to become pregnant and wants to receive, among other things. maternity benefit, must also pay voluntary sickness insurance for a minimum of 90 days. In such a situation, she is entitled to receive benefits for the period of incapacity caused by her pregnancy. In this situation, it receives 100% of the assessment base.
Can a pregnant woman be fired?
Many people think that a pregnant woman should not be fired. This is a common rule, but it has certain conditions that must be met to avoid dismissal during pregnancy. The most secure situation is an indefinite or fixed-term employment contract, when its termination expires after 3. month of pregnancy. Dismissal of a pregnant woman, however, can be disciplinary if she has acted to the detriment of the company or if, for example, the company has declared bankruptcy. A mother-to-be employed on a civil contract or as a replacement employee can also be fired.
Read more:
When to tell your employer about your pregnancy?
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