Working Mothers in Kazakhstan

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 18.0 weeks
Who pays for maternity leave? Government
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? Yes
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? One hour
What is the length of breastfeeding breaks? Breastfeeding breaks are provided for the first 18 month(s) of life of the child
Does the law require parental leave for parents? Yes
Does the law provide for paid or unpaid parental leave? Paid
What is the total duration of parental leave? 365 days
Who pays for parental leave? Government
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? Yes

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

The maternity leave is granted on presentation of medical certificate by the worker. The length of maternity leave is 18 weeks of which 10 weeks (70 calendar days) is antenatal while 8 weeks (56 calendar days) is postnatal. In the event of complicated birth or birth of two or more children, the postnatal leave is increased to 10 weeks (70 calendar days).

According to the Law of the Republic of Kazakhstan ‘About social protection of citizens affected by the nuclear tests at Semipalatinsk nuclear testing facilities’, the maternity leave is 170 calendar days for normal childbirth and 184 for complicated delivery or the birth of two or more children.

One of the adoptive parents is also eligible for the adoption leave for the period from the date of adoption and prior to the expiry of 56 calendar days after the birth of the adopted child. 

Sources: §87 and 99 of the Labour Code; §14 of the Law of the Republic of Kazakhstan ‘About social protection of citizens affected by the nuclear tests at Semipalatinsk nuclear testing facilities’

Social benefit is paid during the period, which is specified in the sheet of temporary disability. It is calculated through a complex formula: multiplying the average monthly income by the appropriate coefficient of disability days. The employer will pay for maternity leave with the average wage (minus the amount of monthly insurance allowance), if it is established by contract, collective agreement, the employer's act/internal regulations.

Also there is one-time state allowance, fixed and paid by the birth of a child. The rates of the allowance for the birth:

Since January 2016, the monthly calculation index is 2,121 tenge.

Sources: §99 of the Labour Code; §23-1 of the Law of the Republic of Kazakhstan ‘About compulsory social insurance’ 25.04.2003 № 405-II; §1, 4, 7 and 10 of the Law of the Republic of Kazakhstan ‘About state allowances to families with children’ 28.06.2005 № 63-III; Order of the Minister of Health and Social Development of the Republic of Kazakhstan ‘About some measures to implement the Law of the Republic of Kazakhstan ‘About state allowances to families with children’ 05.05.2015 № 319

More about parental leave:

The unpaid parental leave is available for parents until a child is three years old. The parental leave is available for:

The employee can get the parental leave in whole or in parts specifying this in written application. In the case of return to work before the expiry of the parental leave, the employee must notify the employer at least one month before the start of working. Employment of a worker is secure during this unpaid until the child reaches the age of three years.

During this leave parents are eligible for a monthly social benefit to care for the child up to the age of one year. On the birth of two or more children, monthly social benefit is fixed for each child. It is assigned from child’s date of birth. Monthly social benefit is determined by multiplying the average monthly income by the income replacement index of 0.4. The maximum amount of benefit cannot exceed 40% of ten-times  the minimum wage. Minimum rate is established by law.

Also there is allowance to care for the child up to the age of one year for those, who do not take part in the compulsory social insurance system. At the birth of two or more children, allowance is fixed for each child. Rates of allowance are:

Since January 2016, the monthly calculation index is 2,121 tenge.

Sources: §99 and 100 of the Labour Code; §1, 4, 8, 10 of the Law of the Republic of Kazakhstan ‘About state allowances to families with children’ 28.06.2005 № 63-III; §4, 20, 23-2 of the Law of the Republic of Kazakhstan ‘About compulsory social insurance’ 25.04.2003 № 405-II; §11 of the Law of the Republic of Kazakhstan ‘About republican budget for 2016 - 2018 years’ 30.11.2015 № 426-V; Order of the Minister of Health and Social Development of the Republic of Kazakhstan ‘About some measures to implement the Law of the Republic of Kazakhstan ‘About state allowances to families with children’ 05.05.2015 № 319