Annual paid leave can be obtained not only after working in the organization for a certain time period, but also before the decree. An expectant mother can write a vacation application and add it to the decree, which the employer has no right to refuse her.
Does the employer have the right not to let a pregnant woman go on vacation before maternity leave
In accordance with the Labor Code of the Russian Federation, an employee has the right to count on annual paid leave after having worked in the organization for 6 months. It is provided upon a written application from the employee. The employer draws up and approves the vacation schedule, after which anything can be changed only by mutual agreement.
Pregnant women have the right to be given annual paid leave immediately before the decree, even if this is contrary to the previously drawn up schedule. When the annual leave turns into maternity leave, it is very convenient and expectant mothers can use this right of choice. In this case, the employer has no right to refuse. The only exceptions are situations in which a pregnant woman wants to rest, then go to work, work for a while and go on maternity leave. This requires coordination with the superiors.
Unlike other employees, a pregnant woman can take advantage of the right to annual leave without even having worked in the organization for the prescribed period. In accordance with the statement of the employee, the vacation can be accrued according to the number of days actually worked and added to the maternity leave, or issued in advance. This means that a woman can receive the due payments for all 28 calendar days due once a year. But in the event of her subsequent dismissal from this job in the current year, part of the funds received will have to be returned.
What to do if the employer refuses to grant leave
If the employer refuses to give the woman the opportunity to rest before the decree, citing any reasons, and it is not possible to come to a decision that would suit both parties, the employee can contact the Labor Inspectorate. Article 260 of the Labor Code of the Russian Federation clearly regulates the procedure for granting leave and the decision must be made in favor of the pregnant woman.
In some cases, you have to defend your rights in court. For the result to be positive, you need not only write a statement, but also attach all the necessary documents, including an employment contract and a certificate from the antenatal clinic.
