The company's accountant is on maternity leave, but has the time and desire to work part-time. Whether such work is possible without interrupting leave to care for a child up to three years old – read below.
Legal basis for work during the maternity leave
Art. 181 of the Labor Code of Ukraine (hereinafter – the Labor Code) stipulates that leave to take care of a child until the child reaches the age of three and leave without pay (parts 3 and 6 of Article 179 of the Labor Code) are granted at the request of the mother (father) of the child or persons specified in Part 7 of Art. 179 of the Labor Code, in whole or in part within the established period and are issued by order of the employer.
Under Art. 56 of the Labor Code, according to the agreement between the employee and the employer, a part-time working day or a part-time working week can be established both at the time of hiring and subsequently. At the request of a pregnant woman, a woman who has a child under the age of fourteen or a child with a disability, including a child under her care, or who cares for a sick family member according to a medical opinion, the employer is obliged to provide her with a partial working day or part-time working week.
Payment of labor in these cases is carried out in proportion to the time worked or depending on the output. Part-time work does not entail any restrictions on the scope of employees' labor rights.
According to the requirements of Part 8 of Art. 179 of the Labor Code and Part 4 of Art. 18 of Law of Ukraine "On Leave" No. 504/96- ВР of November 15, 1996 at the request of the child's mother, father or persons specified in Part 7 of Art. 179 of the Labor Code or in Part 3 of Art. 18 of the Law of Ukraine "On Leave" (child's grandmother, grandfather, or other relatives who actually take care of the child, or by the person who adopted or took the child into custody, one of the adoptive parents or foster parents), during their stay on leave for childcare, they can work part-time or from home.
Documentation of part-time employment
In the application for early departure to work under part-time working conditions, a woman must indicate the date from which she expressed her desire to start performing her official duties.
The number of hours actually worked, which will be paid, is entered in the time sheet.
