Is it possible to lay off a woman on maternity leave
29.06.2020 19:12The situation when an enterprise reduces the number of employees is quite common. However, what about women who are currently on maternity or parental leave for a child under three or six years of age? Let's find out.
All employers know that it is prohibited in our country to dismiss women on maternity leave or on parental leave for a child under three years of age. This right is enshrined in the Law on Leave and Article 184 of the Labor Code. This category of employees may be dismissed at the initiative of the employer only in the event of complete liquidation of the company and with mandatory employment of such women.
If there is a need to liquidate a department, and it includes a woman who is currently on maternity or parental leave, she cannot be laid off, even with further employment.

Is it possible to fire a woman on maternity leave?
There are two ways out of a situation where you need to liquidate a department, but you can't fire a woman on maternity leave.
Option 1. Offer the employee a transfer to another vacant position that matches her knowledge and experience.
For such a transfer, you need to obtain the employee's verbal or written consent. The law does not stipulate how many days in advance you need to notify the employee of the transfer. That is, it is up to you to decide when to offer her another position, and as soon as you agree with the woman, immediately draw up an order to transfer her to a new position.
If a woman does not want to change her position, there is another option.
Option 2. A transfer within the same organization to another workplace, to another unit or department in the same location, as well as a transfer within the same specialty, qualification or position provided for in the employment contract, is not considered a transfer (and therefore no consent is required).
This means that if there is a vacant position in the organization, but in a different department that is similar to the one a woman held before, she can be transferred without obtaining consent and without prior notice.
If such a position does not currently exist, it can be created by adding it to the staffing table and then transferring the employee to this position
If, in the future, such a position is no longer needed, it can be eliminated by reducing the number of employees. It will be possible to dismiss such an employee after she comes out of maternity or parental leave. You will also need to pay severance pay in the amount of the average salary.
Two months' notice of layoffs will be required, but they may coincide with the last two months of parental leave.
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