The woman who cleans our apartment once a week came back from vacation, and is 6 months pregnant (we thought it was weight gain). She is in white and works the minimum, 6 hours per week. For her maternity leave, do we need to pay it, does the government have to?
She isn`t really in the system (has a daughter and never requested "asignacion universal" which I told her to do, including the pregancy bennefits).
Any tips welcome.
We just experienced this same situation with our cleaning lady so let me give you some insight
1. As bajo said, you can't fire her. although I know it's not what you meant
2. Our cleaning lady had miscarriage risks throughout the pregnancy. This meant that she could not work during the entire pregnancy. By law you have to pay her up to 3 months of “sick days” as long as she shows medical proof. After the 3 months no more pay until she either reinstates to work or gets to -45 days of the expected due date (also stated by her doctor)
3. For 3 months anses pays her, that is -45 days of her expected due date and +45 days after the birth, then she’s supposed to get back to work.
4. She’s supposed to do all the paper work at anses to get paid, you just need to state in their website the situation (there’s a form you need to fill online, can’t remember the number exactly)
5. When she gets back she’ll work 5 hours cause she is entitled to the “breastfeeding hour” for six months after the birth, which means you’ll still have to pay her for 6 hours
6. For six months after the birth you can’t fire her, reduce her working hours, reduce her pay… after that you are free
7. Good luck, it took us a lot of patience and time to get things sorted out.