The situation when an employee expresses a desire to work hard, having already received a sick leave for pregnancy and childbirth (hereinafter sick leave) or while still on parental leave cannot be called classic. However, it does happen. How should the employer act in this case? Wouldn't it be a violation of the Labor Code to fulfill the will of the employee to work during the decree period?
There are four possible scenarios for the development of events. Let's consider them in more detail.
1. It is time for the employee to "see off" on maternity leave, but she does not bring sick leave and does not write a corresponding statement, preferring to work.
Medical institutions issue certificates of incapacity for work for pregnancy and childbirth at about 30 weeks of pregnancy for women. An employee may not present this document on time and receive a salary as usual, as long as her health condition allows. When the employee brings a sick leave of the established form, an application for the calculation and payment of benefits should be taken from her. If the application is dated at a later date than the beginning of the sick leave, then for the days when she chose to work, the benefit is not charged (!). The employee does not have the right to receive wages and hospital payments at the same time.
2. The employee starts work when the sick leave has not yet expired. Authorized institutions usually issue sick leave for pregnant women for 140 days, with the exception of a few cases. Legally, the payment must be a one-time payment for all days of sick leave, as soon as the employee presents a certificate of incapacity for work and writes a statement. In this example, an employee in writing expresses a desire to start work ahead of schedule, without waiting for the end of the sick leave. The employer signs a permitting order, but the benefit in this case is recalculated (!): The amount is credited to future earnings, or the employee contributes money.
3. The work of an employee is formalized by a work contract. The simplest, in terms of documentary design, option. If the employer meets halfway by drawing up a civil contract on all the requirements, the employee has the full right to receive both wages and state benefits. It is important that the work contract does not bear signs of an employment agreement.
4. During parental leave, the employee wishes to perform work duties at home or go to work on a part-time schedule. An employee may not be able to work at home if there is no such work practice before maternity leave. A woman may work on a reduced time schedule, for example, a 6-hour working day. At the same time, receiving both wages and benefits.
