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Belarus - Maternity protection - 2009


LAST UPDATE

15 April 2009

SOURCES


Name of Act

Labour Code of the Republic of Belarus Labour Code of 26 July 1999,published in Vedomosti Verkhovnogo Soveta, 1999-09-15, no 26-27, pp. 2-203 (as amended to 7 May 2007)

Name of Act

Act of 30 October 1992 on State benefits for families raising children (as amended and supplemented up to 28 December 2007).

Name of Act

Regulation on the procedure of granting temporary disability benefits. 30 September 1997, No. 1290

Name of Act

Law of the Republic of Belarus on the Fundamentals of the State Social Insurance, of 31 January 1995 (as amended and supplemented up to 2004) N 3563-XII

Name of Act

Law of the Republic of Belarus on Health Care, of 1993 (as amended and supplemented up to 2002)

Name of Act

Decree of the Ministry of Labour and Social Protection No. 17 of 26 January 2009 to establish the amount of state benefits for families raising children (valid 1 February - 30 April 2009)

MATERNITY LEAVE


Scope

All women.
Labour Code §184

Duration


General total duration

The duration of maternity leave shall be 70 calendar days for prenatal leave and 56 calendar days for postnatal leave.
Labour Code §184
Historical data (year indicates year of data collection)
  • 2011: The duration of maternity leave shall be 70 calendar days for prenatal leave and 56 calendar days for postnatal leave.
  • 2004: One hundred and twenty-six days
  • 1998: One hundred and twenty-six days
  • 1994: One hundred and twenty-six days

Extension

For women who live (work) in the zone with a level of radioactive contamination, 90 calendar days prenatal and 70 days postnatal maternity leave shall be granted.
Labour Code §184

Leave in case of illness or complications

In case of complicated confinement and in the case of multiple births, maternity leave shall be granted for 70 calendar days pre- and postnatal each.
Labour Code §184

RELATED TYPES OF LEAVE


Parental leave


Scope

Working mother or father or other relative of the child to whom the custody of the child has been assigned.
Labour Code §185

Length

Until the child reaches three years of age.
Labour Code §185

Paternity leave

None.

Adoption leave


Scope

Persons who adopt a child or who are appointed as guardians for a child under the age of 3 months.
Regulation on the procedure of granting temporary disability benefits §14

Qualifying conditions

70 calendar days counted from the day of adoption or placing under guardianship.
Regulation on the procedure of granting temporary disability benefits §13

RIGHT TO PART-TIME WORK


General provisions

Working mother or father or other relative of the child to whom the custody of the child has been assigned.
Labour Code §185

Length

Part-time work may be requested until the child is 3 years of age. The reduced working time has to be less than half of the normal monthly working time. The person keeps the right to monthly states allowances.
Labour Code §185

CASH BENEFITS


Maternity leave benefits


Scope

Women who are insured and have paid contributions into the State social insurance system shall have the right to maternity benefits. In addition, maternity benefit shall be granted to: -military personnel, female officers and other categories of women working in the bodies of internal affairs, the financial investigation service, bodies and subunits of the Ministry of Emergency Situations of the Republic of Belarus; -full time students in vocational and technical institutions, specialized secondary and higher educational institutions, post-graduate courses. -unemployed women.
Act of 30 October 1992 on State benefits for families raising children §5

Qualifying conditions

Maternity benefits shall be paid on the basis of a medical certificate.
Act of 30 October 1992 on State benefits for families raising children §5 and 7

Duration

The right to payment of maternity benefits shall start after 30 weeks of pregnancy and is granted for the normal duration of maternity leave (126 calendar days) and during any extension thereof.
Act of 30 October 1992 on State benefits for families raising children §7

Amount

The rate of maternity benefits is 100 per cent of the average salary and not less than 50 per cent of the minimum per capita subsistence wage (1 February - 30 April 2009: 117,190 rubles).
Act of 30 October 1992 on State benefits for families raising children §6
Decree of the Ministry of Labour and Social Protection No. 17 of 26 January 2009 §1.1
Historical data (year indicates year of data collection)
  • 2011: The rate of maternity benefits is 100 per cent of the average salary and not less than 50 per cent of the minimum per capita subsistence wage (1 February - 30 April 2009: 117,190 rubles).
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The maternity benefits are paid from the budget of the state social insurance. Contributors to the state social insurance are the following: -employed persons; -entrepreneurs; -citizens, who perform work under a civic agreement with natural persons (self employed); -persons working in the field of art; -foreign nationals and stateless persons, working in the Republic of Belarus.
Law of the Republic of Belarus on the Fundamentals of the State Social Insurance §7
Historical data (year indicates year of data collection)
  • 2011: The maternity benefits are paid from the budget of the state social insurance. Contributors to the state social insurance are the following: -employed persons; -entrepreneurs; -citizens, who perform work under a civic agreement with natural persons (self employed); -persons working in the field of art; -foreign nationals and stateless persons, working in the Republic of Belarus.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

Childbirth allowances are paid -for the first child: 1.171.850 rubles -for each subsequent child: 1.640.590 rubles
Decree of the Ministry of Labour and Social Protection No. 17 of 26 January 2009 §1,2

Parental leave benefits


Scope

Partially paid leave on childcare can be used by the mother, the father of the child or other relatives, who take care of the child.
Labour Code §271

Qualifying conditions

Persons covered should have paid contributions to the budget of the state social insurance.
Law of the Republic of Belarus on the Fundamentals of the State Social Insurance §8

Duration

The partially paid leave for childcare can be used continously or partially, until the child reaches the age of three years.
Act of 30 October 1992 on State benefits for families raising children §14

Amount

Childcare benefits amount to 80 per cent of the minimum subsistence wage (1 February 2009 - 30 April 2009: 187,500 rubles).
Act of 30 October 1992 on State benefits for families raising children §4
Decree of the Ministry of Labour and Social Protection No. 17 of 26 January 2009 §1.4

Financing of benefits

Benefits shall be paid out of the state social insurance fund. Contributors to the state social insurance are the following: -employed persons; -entrepreneurs; -citizens, who perform work under a civic agreement with natural persons (self employed); -persons working in the field of art; -foreign nationals and stateless persons, working in the Republic of Belarus.
Law of the Republic of Belarus on the Fundamentals of the State Social Insurance §7

Adoption leave benefits


Scope

Persons who have adopted a child or who have been appointed as guardians of a child under the age of 3 months.
Regulation on the procedure of granting temporary disability benefits §14

Duration

For the period of 70 calendar days as from the day of adoption or placement under guardianship, maternity benefits are paid. Beyond that, parental leave benefits are also paid to adoptive parents.
Regulation on the procedure of granting temporary disability benefits §14
Act of 30 October 1992 on State benefits for families raising children §14

Amount

See maternity benefits and parental leave benefits.

Financing of benefits

Benefits shall be paid out of the state social insurance fund. Contributors to the state social insurance are the following: -employed persons; -entrepreneurs; -citizens, who perform work under a civic agreement with natural persons (self employed); -persons working in the field of art; -foreign nationals and stateless persons, working in the Republic of Belarus.
Act of 30 October 1992 on State benefits for families raising children §4
Law of the Republic of Belarus on the Fundamentals of the State Social Insurance §7

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

A pregnant woman shall be granted medical examination at the state health care organizations, in-patient medical aid during and after confinement, as well as medical and disease prevention assistance and medical care of a newborn child. The state shall also guarantee food to pregnant women, breast-feeding mothers, as well as to children below three years of age.
Law of the Republic of Belarus on Health Care §42

Financing of benefits

Financing of the state health care shall be carried out at the expense of the resources from the national and local budgets. The sources for financing the state health care organizations shall include: -income from commercial activities; -resources from different medical insurance companies; -credits from banks; -voluntary donations from natural and legal persons; -other sources, not prohibited by the legislation.
Law of the Republic of Belarus on Health Care §18

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Besides the regular daily breaks, women having children under the age of three are given additional breaks of at least 30 minutes every three hours for feeding children. Women, having two or more children under the age of three, are given breaks of not less than one hour.
Labour Code §267

Remuneration of nursing breaks

Breaks for feeding children are included in the working hours and are paid at the rate of average wages.
Labour Code §267

HEALTH PROTECTION


Arrangement of working time


Night work

Night work is prohibited for pregnant women, women who are on postnatal leave and women having children under the age of three.
Labour Code §263

Overtime

Overtime work is not permitted for pregnant women, women who are on postnatal leave and women having children under the age of three.
Labour Code §263

Dangerous or unhealthy work


Risk assessment


» Transfer to another post

If requested by a medical certificate, pregnant women or women having a child under the age of 1,5 years, shall be transfered to easier work, which is not hazardous. During the transfer the woman preserves the average wages of the previous place of work. Before making a decision about moving the pregnant female to another job which excludes the influence of hazardous production factors, she is to be released from her previous job and the employer is to pay her average salary for all days missed due to this procedure.
Labour Code §264

Particular risks

Employment of women in work with harmful working conditions as well as in underground work (except for non-physical jobs or sanitary and welfare services) shall be prohibited. The list of work in harmful conditions in which employment of women is forbidden, shall be approved by the Government of Republic of Belarus.
Labour Code §262

» Arduous work (manual lifting, carrying, pushing or pulling of loads)

Pulling or pushing of weights which exceed the maximum norms prescribed for women shall be prohibited. The list of arduous work and work in harmful conditions in which women’s work is forbidden, and also the limit rates of loading at lifting and carrying weights are approved by the Government of Republic of Belarus.
Labour Code §262

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Everyone shall have equal opportunities to realize his/her labour rights. No one can be constrained in his/her labour rights and freedoms or get any advantages on the grounds of sex as well as other factors not relevant to the professional qualities of the employee. It is not allowed to refuse to employ women because of their pregnancy or because they have children.
Labour Code §14; 268

Protection from discriminatory dismissal

Dismissal of pregnant women, women having children under the age of three, single women having children under the age of fourteen or handicapped children-under eighteen is forbidden, except in the case of enterprise liquidation.
Labour Code §268

Burden of proof

Employers must inform a person who was refused to be employed about reasons of refusal in writing.
Labour Code §268

Guaranteed right to return to work

Persons on maternity leave, partially paid leave or additional unpaid leave for child-care are entitled to preserve their workplace(position) and salary.
Labour Code §183

Results generated on: 01st November 2014 at 11:22:28.
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