State support for motherhood in Kazakhstan: Labor rights of pregnant women and mothers

According to the Republic of Kazakhstan's Health Code, pregnant women are required to register with medical authorities before reaching 12 weeks of pregnancy (Article 90). Additionally, the Labor Code of Kazakhstan regulates women's rights in the workplace, ensuring the protection of their interests during pregnancy. Specifically, employers are obligated, based on medical recommendations, to transfer a pregnant woman to safer working conditions if her current job may adversely affect her health. This may include transferring her to a position that is not associated with harmful or hazardous production factors, or altering her work schedule. It is important to note that pregnant women retain their salary at the level of their previous position when such transfers occur (Article 44).

According to Article 135 of the Labor Code of Kazakhstan, pregnant women who are 12 weeks pregnant or more and have submitted a pregnancy certificate are not allowed to work in jobs performed using a rotational shift system. This legislative restriction is aimed at protecting the health of pregnant women, as rotational work often involves long shifts, physical exertion, and conditions that could negatively impact the health of the mother and child.

If an employment contract is set to expire and a woman submits a pregnancy certificate, the employer is required to extend the contract until the end of the maternity leave (Article 51). This legal provision prevents the termination of employment during pregnancy and the maternity period. Laws also may limit the possibility of terminating the labor contract by the employer's initiative with pregnant women, women with children under three years of age, and single mothers (Article 54), in cases of the reduction in the number of employees and the decrease in production/work resulting in the deterioration of the employer’s economic situation, offering additional protection in the workplace.

Labor conditions for pregnant women are also regulated in terms of working hours. The employer is required to establish part-time working hours for pregnant women or parents caring for children under three years of age (Article 70). This provision also applies to employees caring for sick family members. An important aspect is the restriction on night work, as well as the prohibition of overtime or working on weekends and public holidays for pregnant women (Articles 76, 77, and 85), which promotes their health and well-being.

According to Article 75 of the Labor Code, a summative work schedule is applied in industries where it is not possible to comply with the standard daily or weekly working hours. However, a crucial restriction exists for pregnant women: the use of a summative work schedule is prohibited if the working day or shift exceeds an eight-hour duration. This provision aims to protect the health of pregnant women by preventing excessive physical strain, thereby supporting their well-being during pregnancy.

Kazakhstan's legislation also provides for maternity leave, which is granted to women for a period depending on the nature of the delivery and health conditions. For normal deliveries, the leave lasts 70 days before delivery and 56 days after delivery (Article 99). In the case of complications or multiple births, the duration of the leave is extended. The employer is required to pay for this leave, providing financial support to women during this period.

Additionally, women with children under one and a half years old, as well as parents who have adopted children, are entitled to additional breaks for breastfeeding, which are included in the working hours and are paid (Article 82). These measures create a more comfortable working environment for mothers and support the balance between employment and childcare.

According to Article 95 of the Labor Code of Kazakhstan, pregnant women who have provided a pregnancy certificate to their employer cannot be recalled from paid annual leave. There is also a guarantee of job retention and average salary maintenance for women who register as pregnant before 12 weeks (Article 126-1), providing additional protection and ensuring that their labor rights are not violated during early pregnancy. In the case of business trips for pregnant women, the employer must take medical indications into account, and the woman has the right to refuse a business trip if she considers it unsafe for her health (Article 127).

Thus, Kazakhstan's legislation creates a system of guarantees to protect women's rights during pregnancy and motherhood, focusing on ensuring their health and well-being, as well as supporting their labor rights and social security.​​