According to Part 3 of Art. 254 of the Labor Code of the Russian Federation, when pregnant women undergo a mandatory dispensary examination in medical institutions, they retain the average earnings at their place of work. What documents

Working hours for pregnant women according to the labor code - incomplete, norm, summarized accounting - Center Pro

Most often, a woman takes several hours off work to undergo an examination.
If you want to check whether she really should be examined right now, you can look at the Schemes for the follow-up of pregnant and postpartum women (hereinafter referred to as the Schemes), Appendix No. 2 to Order No. 50 of the Ministry of Health of Russia dated February 10, 2003. It defines the standard number of visits to doctors.

And in general, a woman should not confirm the completion of a medical examination with any document.

And if the number of doctor’s visits and their duration correspond to the Schemes, then you can not require supporting documents from the woman, do not indicate her absence from work for several hours on the report card, but simply pay her a salary.

But if the average earnings of a female employee are significantly higher than her salary, then it is better to pay for the examination time based on the average earnings, so as not to infringe on her rights guaranteed by the Labor Code of the Russian Federation. 254 Labor Code of the Russian Federation.

In this case, in the working time sheet (form No. T-12 or No. T-13 approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1), the examination time must be reflected separately from working time. There is no special symbol for such periods, so you can enter it additionally.

Let's consider a specific example of calculating average earnings during a medical examination for a salaried employee.

Some accountants, in order not to pay for 1-2 hours on each day of the examination, add up these hours and pay after the full day is completed.

We asked the Russian Ministry of Health and Social Development to comment on this practice.

KOVIAZINA Nina Zaurbekovna

Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia

“The completion of a medical examination by a pregnant woman must be reflected in the work time sheet on the day indicated in the certificate confirming its completion.

It is impossible to add up these hours and pay for them only after a full working day has been completed. After all, if such days fall in different months, then the billing periods for their payment will be different.

This means that the average earnings will not be the same.”

Calculating the salary and average earnings during a medical examination of a pregnant woman is quite labor-intensive, and the difference between the salary and the average earnings of a female employee will most likely be insignificant.

Considering that the examination takes only a few hours, you don’t have to worry about confirming the time you spent with the doctor, record the day of the examination as fully worked in your report card and simply pay the employee a salary.

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But sometimes it happens that an employee, without warning about anything, is absent from work for a whole day or even several days. And then she explains her absence by saying that she was undergoing an examination.

In such a situation, demand from the employee a written explanation of the reasons for her absence from work, because she violated labor discipline under Articles 192, 193 of the Labor Code of the Russian Federation.

And if she refers to undergoing a medical examination, ask her to bring a certificate from a doctor.

Based on the certificate, you will pay her in the amount of average earnings for the hours of examination indicated in the certificate and falling on working hours. 254 Labor Code of the Russian Federation. On this day, indicate on your timesheet the hours spent on the examination. The remaining hours falling within working hours can be reflected as absence for unknown reasons using the letter code “НН” or the numeric “30”.

This approach is shared by the Russian Ministry of Health and Social Development.

“To pay for the time a pregnant woman undergoes a mandatory medical examination, the employer must present a certificate from a medical institution indicating the date and time spent on undergoing the examination. 254 Labor Code of the Russian Federation.

If the employee did not go to work at all on the day of the examination, and according to the certificate, the examination lasted, for example, 3 hours, then the employer is not obliged to pay for the remaining working hours on that day.

If a woman needs time to get from work to a medical facility and (or) after an examination to work, then she needs to agree on payment for it with her employer.”

KOVIAZINA Nina Zaurbekovna Ministry of Health and Social Development of Russia

If the employee does not provide a certificate at all, then you may not pay her for such a day.

“a” clause 6, part 1, art. 81, art. 261 Labor Code of the Russian Federation. The maximum you can do is reprimand or reprimand her. 192 Labor Code of the Russian Federation.

What does the law say?

Even a normal pregnancy is associated with changes in health status, such as increased fatigue or instability of well-being.

Besides.

Many types of work, especially those associated with physical activity, can lead to dire consequences. Therefore, the legislator introduces a number of special rules regulating the work of pregnant women.

This is done to preserve their health, and not to complicate the life of the employer.

Normative base

The main document regulating relations in the field of hired labor is the Labor Code. Most of the rules establishing the rights and guarantees of pregnant workers are contained in it.

The provisions of this law apply throughout the country and for any employers, including individual entrepreneurs.

Labor Code of the Russian Federation

As for women working in municipal or public service positions, in law enforcement agencies, etc., their legal status is determined primarily by special laws. The Labor Code applies only in strictly defined cases.

Rights and guarantees

Part-time working hours for pregnant women according to the labor code are established at their request. This is a right that a woman can exercise. Or don't use it. The employer cannot force her to transfer to another regime.

The transition to such reduced working hours does not affect the provision of regular leave.

Its terms, duration and calculation of payment do not change. Moreover, a pregnant woman can use her leave outside the schedule by adding it to her maternity leave.

But the law obliged the employer, based on the written desire of a pregnant employee, to review the duration of her working hours (Article

93 TK).

It is also the employer’s responsibility to review the pregnant woman’s schedule.

The legislator prohibits engaging her in work:

on night shifts (Article 96 of the Labor Code);
on weekends and holidays (Article 112 of the Labor Code);
overtime (Article 99 of the Labor Code);
on shifts (Article 298 of the Labor Code).

Working hours for pregnant women according to the Labor Code

If a pregnant woman wishes to exercise her right to have her working hours reduced, she applies to her employer.

Part-time work can be negotiated immediately when a woman in this position is hired. You can also return to your normal schedule at any time.

Registration and receipt of a pregnancy certificate imposes an obligation on the woman to undergo periodic medical examinations.

To ensure that a woman does not lose her earnings and does not refuse medical research on this basis, the legislator has provided a number of measures, namely, maintaining the woman’s average earnings during the medical examination.

In addition, her absence from work is not considered absenteeism.

Even if she didn't warn the employer. It is enough to take a certificate from the clinic and provide it to the manager after visiting the doctor.

Shortening the day (shift)	The number of working days does not change, but their duration decreases	6 hours instead of 8
Shortening the working week	The length of the working day does not change, but the number of working days decreases	Working days are Tuesday-Thursday instead of Monday-Friday
Shortening both the day and the week	The duration of each working day and their number are reduced	Work 6 hours from Monday to Thursday

For example, manager Tarelkina’s working day is reduced from 8 hours to 6.5, and cleaner Chashkina is offered to work 4 instead of 5 working days.

The procedure for establishing part-time work for a pregnant woman will be as follows:

Get a certificate about your condition from the antenatal clinic.
Write an application addressed to the head of the organization. In it, indicate exactly how you would like to reduce working hours: shorten the day or get an additional day off. The duration of such a regime is also indicated. This can be either all the time before maternity leave or a shorter period of time.
Submit the application and certificate to the personnel service. It would be a good idea to write the application in two copies. This will help if a controversial situation arises.
Read the order establishing a part-time day and sign for it.
Sign the supplementary agreement to the employment contract and keep one copy.

If the employer refuses to change the working hours, the woman can protect her rights by filing a complaint with the labor inspectorate. To do this, you will need a second copy of the application and a certificate of pregnancy.

Reflected in tax accounting

Payment for the time spent undergoing a medical examination by pregnant women is taken into account as expenses for profit tax purposes. 6 tbsp. 255 Tax Code of the Russian Federation. From this amount you also withhold personal income tax. 6 clause 1 art. 208, paragraph 1, art. 209 of the Tax Code of the Russian Federation.

Source:

Is cumulative accounting acceptable for pregnant women (not trade and catering). Work only during the daytime for 11 hours 2 through 2

Is cumulative accounting acceptable for pregnant women (not trade and catering). Work only during the daytime for 11 hours 2 through 2.

Answer to the question:

Note

: summarized accounting is a way of recording working time, and it has nothing to do with the working time regime.

The law does not provide for any prohibitions on the use of summarized recording of working hours. Restrictions are established only on the duration of the accounting period for certain categories of workers (pregnant women do not belong to these categories). This procedure is established by Article 104 of the Labor Code of the Russian Federation.

Therefore, pregnant women can establish a summarized recording of working hours.

At the same time, pregnant women are provided with certain benefits, including working hours and rest periods.

Thus, the employer is obliged:

 at the request of the employee, reduce production and service standards or transfer her to a job that excludes harmful and dangerous working conditions while maintaining the average earnings for her previous job (Part 1 of Article 254 of the Labor Code of the Russian Federation);

 do not send on business trips, do not involve in overtime work and work at night, on weekends and holidays (Part 5 of Article 96, Part 5 of Article 99 and Part 1 of Article 259 of the Labor Code of the Russian Federation);

 do not engage in work on a rotational basis (Article 298 of the Labor Code of the Russian Federation);

 establish part-time working hours at the request of the employee (Part 1 of Article 93 of the Labor Code of the Russian Federation);

 provide time for a medical examination and maintain average earnings during absence (Part 3 of Article 254 of the Labor Code of the Russian Federation);

 provide, at the employee’s request, unscheduled leave before maternity leave or immediately after it, regardless of how long the employee works in the organization: six months or less (paragraph 2, part 3, article 122 and article 260 of the Labor Code of the Russian Federation). In this case, the obligation to provide leave in advance for future periods does not arise;

 do not recall from vacation (Part 3 of Article 125 of the Labor Code of the Russian Federation);

 comply with restrictions on the dismissal of an employee (Articles 81, 261 of the Labor Code of the Russian Federation).

The jobs that women are prohibited from performing during pregnancy are shown in the table.

During pregnancy, a woman needs to organize a special workplace.

If the employer cannot provide a pregnant woman with the necessary labor protection conditions, then before providing them, it is necessary to release the employee from work and pay her the average salary until she goes on maternity leave (Part 2 of Article 254 of the Labor Code of the Russian Federation).

Details in the materials of the Personnel System:

1. Answer: How to keep a summary record of working hours

Nina Kovyazina

, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

With cumulative accounting, daily and weekly working hours may deviate from the established norm. However, during a certain accounting period, all allowed processing must be compensated for by deficiencies. In general, an accounting period can be a month, a quarter, a half-year, etc., but not more than a year.*

An exception is recording the working time of employees engaged in work with harmful or dangerous working conditions. For them, in general, the accounting period cannot exceed three months.

However, if, due to the seasonal or technological nature of work for certain categories of such employees, the established working hours cannot be observed during an accounting period of three months, then the accounting period can be increased to one year on the basis of an industry or inter-industry agreement and a collective agreement.

Determine the total working time according to the production calendar based on the normal length of the working week established for a certain category of employees. For example, as a general rule, the normal length of the working week is 40 hours (Part 2 of Art.

Source: https://centrproh.ru/obraztsy/rabochee-vremya-dlya-beremennyh-po-trudovomu-kodeksu-nepolnoe-norma-summirovannyj-uchet.html

IMPORTANT!

An employer does not have the right to keep a pregnant woman from undergoing a medical examination and regard her absence from work as a disciplinary offense.
A certificate of incapacity for work in connection with medical examination is not issued. A pregnant woman confirms a visit to a doctor with a certificate from a medical institution indicating the date and time of the visit.

During the period of the dispensary examination, the employee retains her average earnings.

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A pregnant woman visiting a doctor during working hours

Most often, a woman takes several hours off work to undergo an examination. If you want to check whether she really should be examined right now, you can look at the Schemes for the follow-up of pregnant and postpartum women (hereinafter referred to as the Schemes), Appendix No. 2 to Order No. 50 of the Ministry of Health of Russia dated February 10, 2003. It defines the standard number of visits to doctors.

And in general, a woman should not confirm the completion of a medical examination with any document.

Let's consider a specific example of calculating average earnings during a medical examination for a salaried employee.

Some accountants, in order not to pay for 1-2 hours on each day of the examination, add up these hours and pay after the full day is completed.

We asked the Russian Ministry of Health and Social Development to comment on this practice.

KOVIAZINA Nina Zaurbekovna

Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia

“The completion of a medical examination by a pregnant woman must be reflected in the work time sheet on the day indicated in the certificate confirming its completion.

This means that the average earnings will not be the same.”

Calculating the salary and average earnings during a medical examination of a pregnant woman is quite labor-intensive, and the difference between the salary and the average earnings of a female employee will most likely be insignificant.

Considering that the examination takes only a few hours, you don’t have to worry about confirming the time you spent with the doctor, record the day of the examination as fully worked in your report card and simply pay the employee a salary.

And if she refers to undergoing a medical examination, ask her to bring a certificate from a doctor.

Based on the certificate, you will pay her in the amount of average earnings for the hours of examination indicated in the certificate and falling on working hours. 254 Labor Code of the Russian Federation. On this day, indicate on your timesheet the hours spent on the examination. The remaining hours falling within working hours can be reflected as absence for unknown reasons using the letter code “НН” or the numeric “30”.

Subsequently, after finding out the reason for the absence and its duration, if the manager considers the reason for the absence to be disrespectful, reflect these hours as absenteeism with the letter code “PR” or the numeric “24”. If he considers the reason for absence to be valid, then, for example, he can enter an additional letter code “OU” to reflect it.

This approach is shared by the Russian Ministry of Health and Social Development.

If a woman needs time to get from work to a medical facility and (or) after an examination to work, then she needs to agree on payment for it with her employer.”

KOVIAZINA Nina Zaurbekovna Ministry of Health and Social Development of Russia

If the employee does not provide a certificate at all, then you may not pay her for such a day.

Remember that if a pregnant woman confirmed with a certificate that she was absent from work for less than half a working day, and did not go to work for the entire working day, then she cannot be fired for absenteeism. “a” clause 6, part 1, art. 81, art. 261 Labor Code of the Russian Federation. The maximum you can do is reprimand or reprimand her. 192 Labor Code of the Russian Federation.

Rights and obligations of the parties to labor relations

The pregnancy of an employee does not exempt her from performing work stipulated by the employment contract. For non-fulfillment or improper performance of job duties, including absenteeism - absence from the workplace without a valid reason for four hours in a row, as well as throughout the entire working day - the employee may be subject to disciplinary action by the employer (with the exception of dismissal).

At the same time, it is quite obvious that the employer is obliged to release a pregnant woman from work to a medical facility.

Article 254 of the Labor Code of the Russian Federation visiting a doctor during pregnancy

Hello, in this article we will try to answer the question “Article 254 of the Labor Code of the Russian Federation visiting a doctor during pregnancy.” You can also consult with lawyers online for free directly on the website.

A visit to the clinic by a pregnant woman. Good evening everyone. The question is whether the employer pays for a visit to the clinic (for example, for testing - an appointment with a doctor) for a pregnant woman.

During the mandatory medical examination Art. 254 of the Labor Code of the Russian Federation preserves the average salary for a pregnant employee. No additional medical certificates are required.

Until new duties are assigned, the pregnant woman is released from work while maintaining the average earnings for all missed days - at the expense of the employer.

and get a free consultation within 5 minutes

On Monday I had an ultrasound in another city, because of this I decided to take a day off for a previously worked day, so I heard complaints from her. And in the future there are no more days off, 100% you will need more days (half a day) to undergo doctors and tests.

The employer has the right to dismiss an employee on the day the maternity leave ends or within a week from the day when the fact of completion of childbirth was discovered.

If a pregnant woman manages to get a job, then she cannot be given a probationary period to check her professional qualities. Please tell me how the salary will be calculated if I write an application for a reduction in the standard of service, if my salary consists of a salary (46,000) and a monthly bonus (26,000). Will there be a salary calculation or will they take both salary and bonus?

Documents of the Plenum and the Presidium of the Supreme Court under Art. 254 Labor Code of the Russian Federation

If the work performed is contraindicated based on a medical report, the pregnant woman must be transferred to another job. In this case, the required period of transfer and acceptable (or unacceptable) working conditions are indicated.

Pregnant women should not be involved in assembly line work with a forced work rhythm. And also - to work, accompanied by nervous-emotional stress; to activities related to infrared radiation; exposure to pathogens of infectious, parasitic and fungal diseases.

N 5487-1, the state ensures pregnant women the right to work in conditions that meet their physiological characteristics and health status.

An employee who has worked for a certain period of time at an enterprise and decides to quit is legally entitled to receive compensation for unused vacations.

The Labor Code of the Russian Federation provides for a wide range of various guarantees and compensations in relation to pregnant women.

In particular, for pregnant women, in accordance with a medical report and at their request, production standards and service standards are reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job.

My employer claims that mandatory dispensary examinations include only ultrasound and screenings, and examinations by doctors, according to the order of the Ministry of Health of the Russian Federation dated November 1, 2012 N 572n, are not included.

Is the employer right? If the court finds the stated demands justified, it may decide to transfer the applicant to another job.

Labor disputes on other issues of ensuring favorable working conditions for pregnant women and mothers with young children are considered in a similar manner. 5.

You have the right to contact the territorial body of Rostrud - the state labor inspectorate (including through this resource).

Please tell me what kind of job and what schedule should a pregnant woman be transferred to if doctors recommend light work, and the work schedule is 12 hours a day week after week, a salesperson in a grocery store?

However, in reality, workers often face problems related to the need to receive medical care during working hours. It’s worth pointing out right away that any attempts by the employer to prevent an employee from receiving medical care during working hours, if there is a real need, can immediately be automatically considered illegal.

The refusal of the administration to ease the working conditions of the work performed or to transfer to a job that excludes exposure to harmful production factors, and to transfer a woman with children under 1.5 years of age to another job if it is impossible to perform the previous one, can be challenged in judicial procedure.

Moreover, during the time he does not fulfill his duties due to health reasons, he is subject to mandatory financial payments - sickness benefits.

When pregnant women undergo mandatory medical examinations in medical institutions, they retain the average salary at their place of work. An employer has no right to refuse to provide light work to a pregnant woman. If there is none, then the pregnant woman is released from work, while her average earnings are retained. But she cannot go on maternity leave early.

Obstetricians and gynecologists at antenatal clinics carry out the entire range of treatment and preventive work in attached organizations. In organizations where medical and sanitary units are preserved, obstetric and gynecological care is provided by an obstetrician-gynecologist of the workshop medical area.

Pregnant employee (Zabotina O.)

In accordance with paragraph 25 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of January 28, 2014 No. 1, if a pregnant employee was fired and the employer did not know about her future motherhood, she must be reinstated at work.

If a fixed-term employment contract has been concluded with an employee, then it cannot be terminated until the end of pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation). To do this, the employee must confirm the fact of pregnancy with a medical certificate no more than once every three months (clause 27 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of January 28, 2014 No. 1).

Source: https://lifevelo23.ru/trudovoe-pravo/1695-statya-254-tk-rf-poseshhenie-vracha-vo-vremya-beremennosti.html

Is an employer obligated to allow a pregnant woman to see a doctor during working hours?

In accordance with Article 254.3 of the Labor Code of the Russian Federation, pregnant women are entitled to certain benefits. The employer is obliged to provide them without delay if medical documents and the employee’s statement are available. A pregnant woman cannot be denied this right.

A pregnant woman can count on the following benefits:

Transfer to light work.
Reduced working hours.
Going to the doctor and getting tested while maintaining your salary for the given period.
Possibility of justified refusal to travel on business trips or for study.
No work shifts at night, on weekends, or on holidays.
Refusal to work overtime.
Replacing the shift work method with a regular one.
Vacation outside the established schedule.

The work schedule for pregnant women according to the 2018 Labor Code is drawn up on the basis of a medical report, the wishes of the employee and the capabilities of the employer.

Download the Labor Code of the Russian Federation

Reducing working hours for pregnant women

Working hours for pregnant women are not strictly established. The Labor Code of the Russian Federation contains general recommendations for reducing work hours if there is an application from a woman. In the application, the woman indicates her desired work schedule.

An employee can apply for:

Reducing the day by the required number of hours.
Shortening the week by adding a day off.

Any of the selected options should be discussed with the head of the enterprise. The choice of the appropriate mode is possible only by mutual agreement.

Obtaining the right to part-time work is possible in the following ways:

Attending a medical consultation.
Getting examined by a doctor.
Obtaining a health certificate.
Drawing up a statement to the employer.
Signing the order issued by the manager.
Familiarization with the additional agreement to the contract.

Working hours can be reduced for any necessary period.

Rules for visiting a doctor by a pregnant woman during working hours

Pregnancy imposes obligations on the employee to regularly visit doctors. When being seen at a government consultation, you cannot expect that appointment times will be scheduled on weekends. A reasonable question arises: how can a pregnant woman go to the doctor during working hours?

The law provided for this need and obligated the employer not only to let the employee go to visit the doctor, but also to pay for these hours or days at the average rate. An employee may leave for an appointment even without prior warning. This failure to appear cannot be considered absenteeism if a doctor’s certificate confirming his visit is provided.

Taking tests for a pregnant woman during working hours

Medical examination of pregnant women during working hours is provided for by the Labor Code of the Russian Federation. The frequency of doctor visits for laboratory examinations is indicated in the 2006 Order of the Ministry of Health and Social Development of the Russian Federation.

The order establishes the following minimum indicators:

Examinations by an obstetrician-gynecologist – 10 times.
Appointment with a therapist – 2 times.
Oculist – 1 time.
Otolaryngologist – 1 time.
Dentist – 1 time.

The indicated number of visits to the obstetrician-gynecologist is implied throughout the entire period of pregnancy. The countdown begins from the day a pregnant woman registers. The number of laboratory tests ordered is not limited by numbers. Tests should be taken at the request of an obstetrician-gynecologist or therapist.

If there are complications in the health of the woman or the fetus she is carrying, recommended visits may be increased. A visit to an ophthalmologist, otolaryngologist and dentist is established at the first visit to a gynecologist and is one-time. Days spent taking tests are paid according to the average daily earnings.

Download the Labor Code of the Russian Federation

How is the working time of pregnant women recorded?

Recording the working time of a pregnant employee is of a special nature. Since days of absence from work due to a trip to the gynecologist are subject to payment at different rates. The report card provides a special code to indicate days of absence from work due to laboratory tests or medical examinations. The marked days are paid based on the calculated average income for 2 years.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

Source: https://www.samso.ru/rabochee-vremya/poseshhenie-vracha-beremennoj-zhenshhinoj-v-rabochee-vremya.html

EXAMPLE

A. filed a lawsuit against the Federal State Unitary Enterprise “Russian Post” for reinstatement at work and recovery of average earnings for the period of forced absence.
The court found that from 02/05/2010 A. worked in the post office. By order of May 14, 2010, she was dismissed under clause 1. part 1 art. 77 of the Labor Code of the Russian Federation by agreement of the parties.

The plaintiff believed that the dismissal was illegal, since she signed the agreement to terminate the contract while under stress caused by pressure from the employer. During the court hearing, it was established that A. did not give voluntary consent to terminate the contract and sign the agreement.

At the time of dismissal, A. was six months pregnant. In this regard, she needed to undergo a mandatory medical examination. On 05/12/2010, the plaintiff notified the employer of the need to attend an antenatal clinic on 05/13/2010. On the specified day she was at the doctor's appointment. On 05/14/2010, the defendant demanded an explanation from her regarding her absence from work on 05/13/2010 and sent her to the personnel department to resolve the issue of dismissal, where the woman signed an agreement to terminate the employment contract.

Before these events, A. had no intention of resigning: in this case, she would be deprived of the guarantees provided by current legislation for women upon the birth of a child.

In this situation, the court came to a reasonable conclusion about the illegality of termination of the employment contract under clause 1. Part 1 of Art. 77 Labor Code of the Russian Federation.

We invite you to familiarize yourself with: Sample statement of claim for divorce

Does a pregnant employee need to undergo a routine medical examination?

In this regard, periodic examinations are organized in order to monitor the dynamics of his health.
Why is it necessary to conduct an annual medical examination? Medical examinations are organized based on the requirements of the order of the Ministry of Health, issued in 2012. And the main provisions on conducting a medical examination are contained in labor legislation, Article 212 of the Labor Code. In general, it turns out that the employer is obliged to organize a medical examination at the enterprise.

In every organizational structure, the event must be organized annually, but it is not a fact that the employee must undergo a medical examination every year.

You should focus on the normative act - the order of the Ministry of Health, which states how often a medical examination is required for a particular profession or when working with harmful factors.

Is it necessary for a pregnant employee to undergo a medical examination?

And this is correct, since the Labor Code has a different goal - to establish the rights, duties and responsibilities of the parties to the employment contract.

In part 3 of Art. 254 of the Labor Code of the Russian Federation refers to the right of a worker to maintain the average earnings at her place of work for the period of compulsory medical examination. What counter-responsibilities do the employer have and how to formalize the absence of a pregnant woman in connection with a mandatory examination?

Clinical examination is part of the outpatient stage of providing medical care to pregnant women.

The main task of dispensary observation of women during this period is prevention and early diagnosis of possible complications of pregnancy, childbirth, the postpartum period and pathology of newborns.

Should an employer pay for medical examinations for employees?

The consequence of this is that, at least before official employment, a citizen carries out any actions (including paid medical examinations, even mandatory ones) at his own expense. This conclusion follows from Art. 16 of the Labor Code of the Russian Federation, which establishes a list of grounds for the emergence of labor relations.

The latter begin, as a rule, with the conclusion of an appropriate agreement.

The obligation of the employing organization to pay for any medical examinations established by industry legislation as mandatory is firmly established in Part 8 of Art. 213 Labor Code of the Russian Federation.

This rule does not provide for any exceptions and applies, among other things, to the medical examination that the employee was forced to undergo in order to qualify for a vacant position.

However, important conditions must be met: Availability of a referral for a medical examination from the employer

Just for example, if we got new employees in May, June, July, August - then what should we do?

As I understand it, they will not be included in the medical examination report? And in general it turns out so-called. discrepancy - that is, next year - so that newly hired employees do not have a delay in their medical examination (more than 12 months), will they again each have to undergo a medical examination at the same time on the eve of the date of employment?

September 15, 2020, 09:51 377 replies 110 reviews Chat Legal Supermarket “TsVD”, Izhevsk Chat is the so-called.

discrepancy - that is, next year - so that newly hired employees do not have a delay in their medical examination (more than 12 months), they will again each have to undergo a medical examination at the same time on the eve of the date of employment. Evgeniy, each employee monitors the time of passing the medical examination.

September 15, 2020, 09:57 0 0 Evgeniy

Medical examination at work pregnancy

— Hello, at the discretion of the doctors. but they are unlikely to do it. Best wishes. Tell me, I’m undergoing a medical examination at work, can they give me an old fluorography because I’m pregnant?!

and the last name was different?! Put a stamp on the book?! fluorography is valid for a year, if you completed it more than a year ago, you cannot use it

I am registered for pregnancy in the residential complex; at work, employees undergo a routine medical examination, do I need to undergo one?

I am registered for pregnancy.

Duration 10 weeks.

Do office workers need to undergo a medical examination - procedure, list of doctors

For this purpose, the employer must evaluate them - SOUT. As a result of assessing the working conditions of the place in which the employee works, a certain class of danger or hazard is assigned.

Based on this information, a decision is subsequently made on the presence or absence of the need to pass and. For example, if during an inspection it is revealed that the workplace corresponds to any hazard class or there is electromagnetic radiation, the employer is obliged to send the employee for a medical examination.

In the absence of harmful factors, the situation is different.

Source: https://dtp-sovetnik.ru/nuzhno-li-beremennomu-sotrudniku-prohodit-planovyj-medosmotr-96930/

IMPORTANT!

Average earnings are calculated in accordance with Art. 139 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation dated December 24, 2007 No. 922 “On the specifics of the procedure for calculating average wages”

The employee's absence is recorded in the working time sheet. For this type of failure to appear, there are no corresponding alphabetic and numeric encodings. How to solve a problem?

Especially for such cases, we recommend introducing an additional designation and using it in the future if necessary (for example, DIS/37).

Thus, the designation adopted by the employer for the absence of the employee in connection with a dispensary examination is entered in the working time sheet (example 3).

In practice, this procedure is often not followed (as, for example, in the situation under consideration). But this does not mean that paperwork is not required.

Since in this case the employer was not notified in advance by the employee that she would go to the doctor, the report card on the day of her absence from work already included a code adopted to indicate absence from work for unknown reasons (“UH”).

After the employee presents a certificate confirming the valid reason for which she was not at work and the right to average earnings, the “NN” code in the report card changes to the designation adopted by the employer for the employee’s absence in connection with a medical examination (for example, the one we proposed designation "DIS").