How many days of work leave is given to an employee returning from maternity leave?

17:30 / 13.06.2024 10.08k

Question

I have been working as a teacher at the school since 2021. I went on maternity leave on October 1, 2023. I returned to work in 126 days, that is, in February 2024. How many days of vacation pay will I be paid? It's paid for 24 days, right? There were no interruptions in my work experience, I did not go on parental leave or unpaid leave.

Answer

According to Article 404 of the Civil Code, a woman has seventy calendar days before childbirth and fifty-six calendar days after childbirth (seventy calendar days in case of difficult childbirth or the birth of two or more children). language is given and allowance is paid in the amount established by the legislation, but not less than seventy-five percent of the average monthly salary.

According to Article 237 of the Civil Code, the social holidays specified in the first part of this article (with the exception of childcare leave provided for in the first and second parts of Article 405 of the Code) are included in the length of service that gives the right to receive the next annual leave.

Also, according to Article 226 of the Civil Code, the length of service, which entitles the employee to annual basic leave and additional leave for many years of work in one organization or network, includes the fact that the employee did not actually work, but the work was and other legal documents on labor, including the time of his employment (position) in accordance with the labor contract, including the time of annual labor leave, weekends, non-working holidays and other periods specified by legislation.

So, to conclude from the above, pregnancy and maternity leave for 126 or 140 calendar days is the employee's annual basic work leave and the right to receive additional leave for many years of service in the same organization or network. is included in the seniority sentence.

To put it more simply, you have not worked for 126 or 140 calendar days, so it is completely wrong to say that your annual vacation days will be proportionally less.

According to Article 257 of the Labor Code, when calculating the average salary, time is excluded from the calculation period, as well as the amounts calculated during this period, if the employee received temporary disability benefits or pregnancy and childbirth benefits.

Articles 226 and 257 should not be confused. That is, pregnancy and maternity leave are included in the employee's length of service, which entitles the employee to annual basic leave and additional leave for many years of service in the same organization or network, but the employee's average when calculating wages, the amount calculated for pregnancy and maternity benefits is excluded from the calculation period.

In other words, "decree money" is not taken into account when calculating the average salary.

In conclusion, you will be given 56 calendar days of annual leave. Vacation pay is paid for 48 working days, not 24 working days. Once again, pregnancy and maternity leave are added to the length of service, which entitles the employee to annual basic work leave and additional leave for many years of service in the same organization or network. Don't confuse maternity leave and child care leave.

Attention! In accordance with Article 226 of the Civil Code, the period of leave for child care provided for in Article 405 of the Civil Code entitles the employee to take annual basic leave and additional leave for years of service in the same organization or network. is not included in the length of service, unless otherwise stipulated in the collective agreement, as well as in the internal document of the organization or in the labor contract.