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Article 99. Vacations in connection with pregnancy and the birth of a child (children), adoption of a newborn child (children) of the Labor Code of the Republic of Kazakhstan
1. Pregnant women, women who have given birth to a child (children), and women (men) who have adopted a newborn child (children) are granted the following vacations in connection with the birth of a child:
1) maternity leave;
2) leave for employees who have adopted a newborn child (children);
3) leave without pay to care for a child until he reaches the age of three years.
2. A pregnant woman, starting from the date indicated in the temporary disability certificate, entitling her to maternity leave, issues it by submitting a temporary disability certificate confirming the right to this type of leave.
Maternity leave is granted for the duration of:
in normal childbirth, seventy calendar days before delivery and fifty–six calendar days after delivery.;
in case of complicated childbirth or the birth of two or more children – seventy calendar days before delivery and seventy calendar days after delivery;
for women living in territories affected by nuclear tests, during normal childbirth, ninety–one calendar days before delivery and seventy–nine calendar days (in the case of complicated childbirth or the birth of two or more children, ninety-three calendar days) after delivery;
in the case of childbirth between twenty–two and twenty-nine weeks of pregnancy and the birth of a child weighing five hundred grams or more who has lived for more than seven days, seventy calendar days after delivery.;
in the case of childbirth between twenty–two and twenty-nine weeks of pregnancy and the birth of a stillborn fetus or a child weighing five hundred grams or more who died before seven days of life, fifty-six calendar days after delivery.;
for women living in territories exposed to nuclear tests, in case of childbirth between twenty–two and twenty-nine weeks of pregnancy and the birth of a child weighing five hundred grams or more who has lived for more than seven days, ninety-three calendar days after delivery;
for women living in territories exposed to nuclear tests, in case of childbirth between twenty–two and twenty-nine weeks of pregnancy and the birth of a stillborn fetus or a child weighing five hundred grams or more who died before seven days of life, seventy-nine calendar days after delivery.
When a woman applies for a temporary disability certificate during pregnancy, the leave is calculated in total and is granted completely regardless of the number of days she actually used before giving birth and the duration of her work with the employer.
When a woman applies for a temporary disability certificate after childbirth, she is granted only leave after childbirth for the duration provided for in part two of this paragraph.
3. Employees who have adopted a newborn child (children) are granted (one of the parents) leave for the period from the date of adoption until the expiration of fifty-six days from the date of the child's birth.
4. The employer pays for maternity leave and leave for employees who have adopted a newborn child (children), while maintaining the average salary, if this is provided for by the terms of the employment and (or) collective agreement, an act of the employer, minus the amount of social security benefits for loss of income due to pregnancy and childbirth, adoption of a newborn child (children) carried out in accordance with the Social Code of the Republic of Kazakhstan.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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