Statutory Protection of Pregnant Employees

The labor legislation of the Republic of Kazakhstan includes provisions directed towards the protection of rights of pregnant women employee in the workplace.

These provisions are broadly expressed as below:

•\tPrivileges and preferences of pregnant women employee

•\tExemption of certain workplace requisites/policies for pregnant women employees

Privileges and Preferences of Pregnant Women Employee (before and after childbirth)

1. Preservation of workplace position

A woman employee can retain her workplace position through the duration of her child care leave in order to care for a child up to the age of 3 years.

2. Right to timely rest and maternity leave

A pregnant woman employee is granted maternity leave as per the below conditions:

•\tPaid leaves lasting 70 calendar days prior to child birth and 56 calendar day post child birth. (In case of complications during/post child birth or birthing 2 or more children, the employee may be granted 70 calendar days leave)

•\tUn paid leave on child care in order to care for a child up to the age of 3 years

3. Right to work part-time

On the basis of a written application by a pregnant woman employee, an employer can determine and establish a part time work structure.

4. Refusal of a business trip

A pregnant woman employee has the right to refuse a business trip if such work is contraindicated to her on medical grounds.

Exemption of certain workplace requisites/policies for pregnant women employees

1. Exemption from dismissal

Termination of an employment contract; with a pregnant women employee who has provided the employer with the certificate of pregnancy; or with a women having children under 3 years of age; on the following basis is forbidden:

– Reduction in the number or staff of workers in the company

– Deteriorations in the economic condition of the employer

2. Exemptions from work on the watch

Pregnant women employee in their pregnancy term of twelve or more weeks, are exempted to work on the watch from the date of provision of their medical certificate.

3. Exemptions from working overtime

Pregnant women employees who have submitted a certificate of pregnancy to their employer are exempted from working overtime.

4. Exemption from working at night

Pregnant women employees who have submitted a certificate of pregnancy to their employer are exempted from working late at night.

5. Exemption from working on weekends/ holidays

Pregnant women employees are forbidden from working on weekends or holidays if a certificate of pregnancy has been submitted by them to their employer.

6. Excluding impact of harmful and/or dangerous production factors during work hours.

An employer; on the basis of the medical certificate; is obliged to transfer the pregnant women employee to other work sectors in order to exclude the impact of harmful and (or) dangerous production factors whilst preserving the employee’s average salary.

7. Revocation of paid annual labor leave

Revoking a pregnant woman employees paid annual labor leave is forbidden.

8. Exemption from application of the summed-up accounting of work hours (if duration of the work day/a working shift constitutes more than 8 hours)

Application of the summed-up accounting of work hours for a pregnant women employee isn’t allowed if duration of the working day exceeds eight hours.