All About Maternity Leave in Kazakhstan: Procedures and Benefits - FCHAIN

Legal Regulation

Maternity leave in Kazakhstan is regulated by Articles 87 and 99 of the Labour Code of the Republic of Kazakhstan. A woman is entitled to 126 calendar days of leave — 70 days before childbirth and 56 days after (70 days in case of complicated or multiple births).

It is important to note that the law does not oblige a woman to take leave exactly 70 days before childbirth. According to the Rules for Conducting Temporary Disability Examination (Order of the Minister of Health No. ҚР ДСМ-198/2020), a sick leave certificate is issued upon the woman’s request when she applies to a medical organization, not automatically. This means that an employee may continue working if there are no medical contraindications. Such flexibility allows women to plan their work more effectively without violating labour law requirements.

When Maternity Leave Begins

Maternity leave starts on the date the medical certificate is issued and the employee submits an application to the employer. Until then, a woman has the full right to continue working, and the employer bears no responsibility if she does not take leave from the 30th week of pregnancy. The employer’s obligation to grant leave arises only after receiving the medical certificate, so employment relations continue normally, and the employee’s rights remain fully protected.

Right to Social Benefits

The right to receive maternity benefits arises only after maternity leave is officially registered and confirmed by a temporary disability certificate. Payments are regulated by the Social Code of Kazakhstan (Article 77) and the Rules for Assigning Social Payments (Order No. 248 of June 27, 2023). The allowance is paid from the start date of the leave indicated in the medical certificate. If a woman does not obtain the certificate, the benefit is not paid but remains available until the documents are submitted. The application for payment can be made within 12 months from the date of entitlement.

Employment and Social Benefits

A woman may continue working before the issuance of her medical certificate — this does not affect her right to future benefits. However, once the certificate is issued, combining maternity leave with work under an employment contract is prohibited. If such violations occur, the State Social Insurance Fund may review or recover the improperly received payments.

Earning Income During Maternity Leave

During maternity leave, a woman is exempt from her regular duties. However, the law allows her to enter into civil contracts (freelance or service agreements) if the work is not related to her job responsibilities.

It is important to consider that if income is received from which social or pension contributions are deducted, maternity or childcare benefits may be suspended, as the loss of income condition is no longer met (Articles 86–89 of the Social Code).

Key Takeaways

• Maternity leave is a right, not an obligation.
• The medical certificate is issued upon the woman’s request.
• Before the issuance of the certificate, an employee may continue to work legally.
• Once maternity leave begins, employment under a labour contract must be suspended.
• Income under civil contracts is permitted but may affect the payment of benefits.

How FChain Can Help

FChain Kazakhstan offers a full range of legal services and accounting support for businesses and individuals. Our team can help you:

• Prepare and review HR documents, employment contracts, and orders;
• Conduct audits in labour and social law compliance;
• Provide legal advisory and support services on employment, benefits, and tax issues.

We accompany clients through every stage — from consultation to full legal execution. By choosing FChain, you receive the professional support of qualified lawyers and accountants who ensure compliance and protect your rights.

 For professional support, please contact us at almaty@f-chain.com or via WhatsApp at +7 771 214 1820

 

Prepared by: Sergey Gaydarov
Senior Lawyer, FChain Kazakhstan
October 30, 2025