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In this article we will explain in detail the rights of women in situations of pregnancy, compensation dismissal and practical considerations.

law in principle prohibits the work 45 days before delivery and 45 days after delivery. However, the employee may elect to reduce their pre-childbirth leave to accumulate leave days postpartum. The license can not be pre delivery less than 30 days, meaning that you can accumulate a maximum of 15 days, so that post-natal leave is 60 days. In the event of a premature birth occurs before the pre-delivery leave, you automatically enjoy 90 days of leave after childbirth. That is, always leave is 90 days, so if after 10 days of leave after childbirth birth occurs, then the worker will have 80 days of postnatal leave.

The worker during pregnancy (pregnancy) should notify their status as authentic, communicating the due date and by providing the employer the medical certificate to attest to this. It is extremely important to make such notification.

Dismissal due to pregnancy shall be presumed, unless proved otherwise, that the employees were dismissed because of motherhood when regardless disposed within the period of 7 months and 1 / 2 before delivery and 7 months and 1 / 2 after birth. In this case, as well as for severance, the employer must pay the employee a special allowance of 13 salaries. It is essential to acquire the maternity protection provided by law, have submitted a notification made explicit in the previous paragraph.

leave
State
After 90 days leave of which we speak, the employee may choose to: a.

Usually return to their tasks. B.

Dismiss employees, becoming a compesanción creditor for services with a value equal to 25% of the compensation of art. 245 for each year of service (see article Compensation for Dismissal / Resignation ) and may not be, this compensation than SMVM ($ 980 today) per year of service or fraction greater than 3 months. To be more illustrative: assuming that the employee's wage for the purposes of art. 245, was $ 1000, this will receive $ 250 for each year of service or fraction greater than 3 months. In the event that your payment is $ 4000, would correspond $ 1000, however, the law prescribes that can not be higher than the Living Wage and Mobile, so you will not get $ 1000 but $ 980 per year of service or fraction greater than 3 months.
To exercise this option, is then necessary to have at least 1 year old. C.

Another option is to go on leave of absence.
The worker may choose to enter a state of absence of not less than 3 months and not more than 6 months, during which not earn wages. Similarly to the previous situation, purpose of exercising the option to enter surplus the state, the worker must have at least 1 year old.

Upon reentering the job, having chosen to enter the surplus the state, the employer may reinstate the worker in the same position they held, or in a position higher or lower, as agreed with the worker .
If the employer does not support the reinstatement of the employee after the leave of absence, it must pay him severance pay for, unless it is objectively impossible to demonstrate a real and reinstate where you only paid the compensation described in the paragraph b.

Some final considerations It is very important to note that the deadline of 90 days of paid maternity leave if the worker has not returned to their tasks and has not provided 48 hours before the end of that license its willingness to enter into a state of absence is presumed to have opted to terminate the link, receiving the compensation that we have detailed above.
During the trial period, as we know, the employer must pay compensation by reason of termination of bond. However, in case of maternity and given the conditions described in this article, if you must pay the special allowance of 13 salaries, because although the law provides that during the trial period the parties should not pay compensation for the termination of this special allowance is a separate institution, which protects a different reality and different purposes. It is not compensation for termination of employment but a compensation is based on the prima facie evidence to the contrary, that the employer has chosen to arbitrarily terminate the link purely and exclusively by the state of pregnancy of the worker.

Finally, the law provides that during lactation, and for no longer than 1 year except for a prescription, the employee shall have 2 breaks of 30 minutes each for this purpose. In the Indeed, given that most facilities do not have maternity wards, it was agreed that the worker, for example, go to work half an hour later and half an hour before withdrawing.

Source: http://www.laboralis.com.ar/