CrossRef Open Access 2024

Features of acquiring the status of a pregnant woman to acquire rights and guarantees in labor law and social security law

N.P. Mokrytska

Abstrak

The article examines the international legal and national peculiarities of the legal regulation of the acquisition of the status of a pregnant woman in order to obtain all the rights and guarantees aimed at the protection of motherhood. It was found that the documentation in the field of social security is represented in the Ukrainian legislation by a certificate of incapacity for work (for insurance benefits in connection with pregnancy and childbirth) and a certificate for the appointment and payment of state benefits in connection with pregnancy and childbirth to women who are not insured in the mandatory state social insurance system. (for state assistance in connection with pregnancy and childbirth). On the other hand, in labor, the confirming fact of the employee’s pregnancy is connected only with the granting of leave in connection with pregnancy and childbirth, and it is a medical opinion of the category «Pregnancy and childbirth» with the determination of the expected period of childbirth. However, the labor legislation does not define the form of medical documentation, with the help of which the employee could properly inform the employer about her pregnancy. However, based on the results of the examination of temporary incapacity for work, a certificate of arbitrary form can be issued, confirming the fact of temporary incapacity, in the event that the person independently applied for counseling assistance. It is argued that the digitization and implementation of the electronic health care system acquires the primary importance of the gynecologist’s medical record as information about the results of the patient’s medical care in the Register of medical records, referral records and prescriptions in the electronic health care system. Their summary of the state of pregnancy is part of the patient’s electronic medical record, which is generally entered on the day such services are provided. Attention is focused on the need to improve the labor legislation of Ukraine and to borrow provisions of the legislation of the European Union regarding the acquisition of the status of a pregnant employee after properly informing the employer about her pregnancy. On the basis of the study of medical records, an attempt was made to determine such a document confirming the state of pregnancy, an extract from the Register of medical records, referral records and prescriptions in the electronic health care system, which contains such information, which is entered by a medical worker in general on the day of provision appropriate medical service. The right of access to this data in the form of an extract is guaranteed to the patient. Therefore, the employer can be informed about the state of the employee’s pregnancy with the help of an extract from the register, which she can present to him in paper or electronic form.

Penulis (1)

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N.P. Mokrytska

Format Sitasi

Mokrytska, N. (2024). Features of acquiring the status of a pregnant woman to acquire rights and guarantees in labor law and social security law. https://doi.org/10.24144/2788-6018.2024.03.36

Akses Cepat

Informasi Jurnal
Tahun Terbit
2024
Bahasa
en
Sumber Database
CrossRef
DOI
10.24144/2788-6018.2024.03.36
Akses
Open Access ✓