Helsinki Citizens’ Assembly-Vanadzor

❓If the woman on pregnancy and childbirth leave also has one child, her husband is not a registered employee and they do not receive family benefits, can they get the money envisaged for one child?

Answer

No.

According to RA Labor Code, the labor relations between the employer and the employee cease upon termination of the employment contract signed between them.

The employee’s pregnancy and childbirth leave, as well as childcare leave for children under 3, are considered special leaves, during which the employee’s position is maintained, except in case the organization is liquidated. 

According to the RA Government’s decision No. 427-L, dated April 2, 2020, assistance is provided to children under 18, whose parents (only parent) do not have a registered job. According to the RA Government’s decision No. 411-L , dated March 30, 2020, on approving  the 7th action aimed at neutralizing economic consequences of coronavirus, “The beneficiary of the action can be the pregnant woman, who, as of March 30, 2020, did not have a job, and whose husband was dismissed during March 13, 2020 - March 30, 2020 and did not get employed for a different job in the same period of time. Also, the beneficiary of the action can be an only pregnant woman, who did not have a job as of March 30, 2020”.

In this case, the woman is on a special leave and her labor relationship with the employer has not ceased, therefore, the family cannot become a beneficiary of the action. 

• Reference link of the RA Government’s decision No. 411-L, dated March 30, 2020 https://www.e-gov.am/u_files/file/decrees/kar/2020/03/411.pdf
• RA Government’s decision No. 427-L, dated April 2, 2020 https://www.e-gov.am/gov-decrees/item/33694/