Article 177 of the Labor Contract Law establishes that the work of female personnel is prohibited during the 45 days before childbirth and up to 45 days after childbirth. However, the interested party may choose to have the leave prior to childbirth reduced, which in such case may not be less than 30 days; The remainder of the total leave period will be accumulated to the rest period after childbirth.
In the case of a preterm birth, the entire period of leave that was not taken before the birth will be added to the subsequent rest period, in order to complete the 90 days.
In order to enjoy the protection of the standard, the worker must reliably communicate her pregnancy to the employer with the presentation of a medical certificate stating the presumed date of delivery, or require verification by the employer.
Once this notification to the employer has been completed, the worker will retain her job during the indicated periods, and will enjoy the allowances conferred by the social security systems, which will guarantee her the receipt of a sum equal to the remuneration that corresponds to the period of leave. legal, all in accordance with the demands and other requirements provided for in the respective regulations.
Although the norm indicates that, during the gestational period, the woman is guaranteed the right to stability in employment, this is not true, since nothing prevents the separation by her employer, which will entail the collection of aggravated compensation. Said right will have acquired character from the moment in which the worker carries out the notification referred to in the previous paragraph.
The fact that the notification is “reliable” means that it is indubitable, that is, that the employer has certainly been aware of said circumstance. Although notification of pregnancy can be proven by any means, in labor law notification by collated telegram prevails.
If she remains absent from work for a longer period of time as a result of an illness that, according to medical certification, is due to pregnancy or childbirth and renders her incapable of resuming work after those periods have expired, the woman will be entitled to the benefits provided for in Article 208 of the Law employment contract.
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by CEDOC
