Postponement of leave due to pregnancy and childbirth: features of registration

During 2023, changes and additions were made to the Laws of Ukraine, including those provisions that regulate the process of granting vacations. Leave in connection with pregnancy and childbirth is one of the types of social leave, which is granted and issued on the basis of a medical opinion . In the modern conditions of life and development, the law makers have given a working woman the right to independently determine when her leave due to pregnancy and childbirth will begin. Let's clarify the specifics of this situation in more detail.

Legal grounds for postponement of leave in connection with pregnancy and childbirth:

• On the basis of Art. 17 of the Law "On Leave" , paid leave in connection with pregnancy and childbirth is granted for a total duration of 126 days , provided that one child is born: 70 days before childbirth and 56 days after the birth of the child. Even today, leave can be issued from the 30th week of pregnancy, however, taking into account the legislative changes, the employee has the right to refuse the days of social rest and continue to work.
• The Law on Amendments to Certain Legislative Acts of Ukraine Regarding the Peculiarities of Using Leave in Connection with Pregnancy and Childbirth entered into force on July 29, 2023, the regulations of which amend the procedure for granting leave in connection with pregnancy and childbirth, namely, a woman, respectively to Art. 17 of the ZU "About vacations" , it is possible to postpone the start date of the vacation in connection with pregnancy and childbirth, keeping the entire duration of the paid vacation, i.e. 126 days. The date of leave can be changed only at the request of the woman and in the absence of medical contraindications. In this way, a woman can apply for leave not from the 30th week of pregnancy, but later, that is, she decides the start date on her own, consulting with a doctor . It is important to emphasize that only part of the prenatal leave granted before the birth of the child is carried over, i.e. only 70 days. If a woman was not given days of social rest, and she gave birth to a child, then the doctor, starting from the day of delivery, must provide the person with sick leave for 126 days. On the basis of this document, a woman will take leave at work in connection with pregnancy and childbirth.
• According to Art. 179 of the Labor Code of Ukraine, leave is granted for a duration of 140 calendar days . - in case of birth of two or more children and in case of complications of childbirth.

Personnel registration and vacation pay

In order to take leave due to pregnancy and childbirth, a female employee must provide a certificate of incapacity for work and write an application in the name of the employer. After receiving the documents, the employer must issue an order . In order to avoid conflict situations, a woman needs to write a request in writing and in an arbitrary form to the name of the employer that she independently decided to postpone the prenatal days of rest to a later date. By the way, during the period of martial law, the employer cannot deny the employee leave in connection with pregnancy and childbirth. Also, the employer cannot prohibit the employee from rescheduling the vacation to a later date. In such a situation, both the employer and the employee must comply with the terms of the employment contract.

In accordance with the norms of the current legislation, in particular, C U "On universally mandatory state social insurance" , an employee cannot simultaneously receive benefits provided for by a certificate of incapacity for work and wages. When vacation days are transferred, the employee will receive only wages. The employee will receive payments from the PFU after registration of days of social rest.

The day after the end of leave due to pregnancy and childbirth, a woman either begins to perform official duties or writes that she is granted leave to take care of a child until she reaches the age of three.

Labor relations have many "pitfalls" and require the preparation of various statements and orders, which you can find on our website .

Get advice for my situation

+38 (093) 1776558 Oleksiy

[email protected]