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Domestic workers: the 8 most frequent questions about maternity leave

2023-04-24T09:36:13.476Z


From the number of days that need to be taken to how much they charge during that period. What are the obligations of employers.


All women who work in a dependency relationship and decide to be mothers are entitled to an allowance granted by

ANSES

during the 90 calendar days that their maternity leave lasts.

This benefit also covers "blank" domestic workers, who also have other

rights and obligations

.

However, there are many points related to this topic that

raise doubts

, whether it is about the

number of days that can be taken

and the

necessary procedures

that must be done to how to cover it during that period that you are out of work.

Below are the

most frequently asked questions

on the subject

and their answers

so that

employees and employers

manage each other correctly and avoid conflicts.

All women who work in white have the right to continue collecting during the 90 calendar days that the license lasts.

Photo: File

Domestic workers: the 8 most frequent questions about maternity leave


1. How long is maternity leave?


If an employee is pregnant,

she is entitled to a 90-day leave

, which may be divided as follows:

  • 45 calendar days before delivery and up to 45 calendar days after.

  • Or you can choose to reduce the leave prior to childbirth, which may not be less than 30 calendar days;

    the rest of the days will be accumulated to the postpartum period.


The employee must

communicate the pregnancy by presenting a medical certificate

stating the probable date of delivery.

However, if the delivery is brought forward, the 90 days begin to be counted from that moment.

Meanwhile, the Labor Contract Law allows that, at the end of the 90 days of maternity leave, all employees (including domestic workers)

can extend the leave for another three months

, but

without pay

.

In this case, the worker must notify her employer and during this leave period it is appropriate to pay her contributions.

2. What requirements must the employee meet to receive maternity leave?

In order for ANSES to pay the allowance during the leave, the employee must

live in the country

, be a naturalized Argentine or by option or, if she is a foreigner, have a minimum of three years of residence.

In addition, you must have been

at work

for at least

three months

.

If an employee is pregnant, she is entitled to a 90-day leave.

Photo Shutterstock.

3. Do pregnant employees continue to get paid during leave?

During the leave, the employee 

will keep the job

 but

the employer will only have to pay the first period

;

then the employee will enjoy the maternity allowance that ANSES will grant her.

You are guaranteed an amount equal to the salary corresponding to the period of leave.

4. How much does the employee earn during maternity leave?

ANSES will pay under the figure of "maternity allowance" an

amount equivalent to the gross basic salary

that the worker received, which appears in the AFIP registry, that is, without any discount.

According to the labor lawyer,

Inés Notarstefano,

 told

Clarín

,

"It is very important that the worker

is registered with her real salary and category

."


The employer will not pay the salary for those 90 days, but will pay the corresponding Christmas bonus for the time worked.

During this period, the 90 days of leave,

the employer must not pay the AFIP contributions

, because they are not computed for retirement contributions, although the social work coverage is still in force.

"However, it is essential that the employment relationship between the employee and the employer is registered and the retirement, social work and ART payments are up to date. Only in this way, the worker will be able to enjoy the protection of the rights of the social security that corresponds to him", highlighted the lawyer.


5. Domestic workers: how to start the maternity leave process?

As detailed by 

Notarstefano

, the worker must communicate her pregnancy by reliable notification (work telegram) with presentation of a medical certificate stating the probable date of delivery.

Meanwhile, before the third month of pregnancy, you must start the procedures in ANSES in order to receive Pregnancy Allowance for Social Protection.


The first thing to have is the

medical certificate with the probable date of delivery

.

Then, you have to ask for a phone call from ANSES (at number 130) and go with:

  • Maternity Domestic Service form 2.75

  • proof of registration of the domestic worker before the AFIP

  • last bill of payment of contributions and contributions to the AFIP (Form 102B or VEP)

  • ID

ANSES will pay the allowance during maternity leave to Argentine or foreign employees, with three years of residence.

Photo: File.

6. For the employer: how to take maternity leave for domestic employees?

.

Go to the AFIP page and click on

"Access with Tax Code"

.

.

Identify yourself with

CUIT or CUIL

and the

Tax Code.

Within the "My services" section, look for "Private House Staff".

If it does not appear, it must be registered.

.

Click on

"Load licences"

.

.

Go to the "Maternity"

option

in "Enter the type" and indicate the "From" date so that the system calculates the 90 days.

.

Once the user has completed all the steps, the system will generate a

receipt

.

7. If I take a replacement during my employee's leave, do I have to register it?

The

The worker who replaces the one on maternity leave

must register with the AFIP

.

It is not possible to register with a discharge date.

What corresponds is, when the 90 days have expired,

to fire her with the payment of the indemnity without cause

(one month's salary, at least) and the proportional bonus and vacations.

You must take into account the period of notice, which is 10 days before the date of withdrawal.

If it is not communicated, this period must be paid together with the compensation.

One option is to hire domestic staff for a few days so that the trial period is not exceeded.

In this case, compensation is not paid, although bonuses and proportional vacations are.

8. What is the compensation that a pregnant employee should receive if she is fired?

In case of

dismissal due to pregnancy

, the employee is entitled to

compensation equivalent to one year of remuneration

cumulative to the compensation for dismissal without just cause.

It is presumed that it was for this reason when the dismissal occurs 7 and a half months before the birth or 7 and a half months later, as long as the worker has reliably notified the pregnancy.

LN

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Source: clarin

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