MATERNITY AND EMPLOYMENT.
What rights does the working mother?
Motherhood has legal protection and women should know what rights to exercise properly.
Then we give you a guide for you to know.
How long maternity leave?
The license extends within 90 calendar days.
At first, the law states that work is prohibited pregnant women 45 days before delivery and up 45 days after the same.
Likewise, the worker can choose to work up 30 days before the due date established by your doctor, and add the 60 remaining days after birth.
What if the baby is born before?
If the birth occurs before the date set by the doctor, add the remaining days the period would not have enjoyed, ie in all cases and regardless of the date of birth, to be counted from the beginning to the end of the license, 90 calendar days.
Do I have any special right in relation to my job stability?
In fact, the worker, It has job security until your baby is 7 and a half months. During that time it can be fired, but the employer must add to his severance pay equivalent to a (1) year salary, es decir 12 monthly salaries.
Should I notify my employer the birth of my son?
It is advisable that when women can, notification of the date of birth and / or refer the employer copy of birth certificate.
What have other rights after giving birth?
Every working mother infant, You are entitled during working hours to have two (2) average daily breaks (1/2) each time to breastfeed her child for a (1) year, unless by express medical indication should breastfeed her child for a superior period. In many cases, it is recognized that the mother with two breaks so as to enter your work (1) or one hour after graduating (1) hour before, or enter media (1/2) and half an hour before graduating (1/2) hour later. All this can be done in agreement with the employer. these breaks, are payments and can not be offset by other breaks have working by contract or collective bargaining agreement, such as for snack.
What should I do at the end of the license?
Simply presented to resume work on the usual days and times.
Do I have other alternatives?
And. Those working mothers who are unwilling or unable to leave your baby so small, They can choose to enter the state of exceedance.
What does the state of exceedance?
Working women, that is mother and continue living in the country, can:
a) Continue their work in the company, in the same condition as it had been doing, as we saw earlier.
b) Terminate his employment contract, receiving compensation for length of service is assigned by this subsection, or the greatest benefits arising from professional statutes or collective labor agreements.
In that case, compensation shall be equal to twenty percent (25%) Compensation working, calculated based on the average fixed in Article 245 for each year of service, which may not exceed a living wage per year of service or fraction greater than three (3) meses.
c) Be on leave for a period not less than three (3) not more than six months (6) meses.
The leave of absence is voluntarily assumes the working woman who lets you return to the work he performed in the company at the time of delivery at the expiration of the leave.
It is important to note that if working women, on leave being found formalized new employment contract with another private employer shall be full of the power of reintegrating.
To welcome me to the state of exceedance, I have to meet any requirements?
And. You must have at least one (1) year of seniority.
What if my maternity leave expires and not notify my employer to request entering state exceedance?
If you want to enter the working state exceedance, irrefutably you must notify your employer of that fact, clearly indicating what time will (from 3 a 6 meses). If it does not it is returned to his work, understands that the law has chosen to terminate the contract perceiving the 25% what would correspond to severance pay.
Does the period of leave is counted as time worked?
No. It is not counted as working time and adds to the old.
What payment during the period of leave?
During this period no work obligations before the parties, es decir, the worker does not attend work and the employer does not pay the salary.
It would be comparable to a leave without pay.
What can happen to my job to re-enter the state of exceedance?
When a worker who enjoyed the status of exceedance is returned to duty, the employer, can:
a) Give tasks in the same category as had at the onset of the license.
b) Place it in office or employment higher or lower than indicated, in agreement with the working woman.
If the worker does not accept the modification of working conditions, It shall be indemnified as if it were unjustified dismissal, unless the employer prove the impossibility of reinstating, in which case compensation shall be limited to 25% of that corresponding claiming unfair dismissal.