Can a person go on maternity leave who is out of work?

In the letter dated 04.04.2023 No. 2800-030402-8/18033, the PFU explained that in the event that the insured person becomes entitled to leave due to pregnancy and childbirth on the basis of a certificate of incapacity for work during the downtime of the enterprise, the leave for the insured person is interrupted and the specified leave is granted. After all, in accordance with Part 3 of Art. 18 of Law No. 1105, in the event that an insured person is granted leave in connection with pregnancy and childbirth during the period of downtime of the enterprise, institution, organization through no fault of the insured person, annual (main or additional) leave, leave without salary, additional leave in connection with study leave, creative leave, maternity assistance is provided from the day the right to leave in connection with pregnancy and childbirth arises.

According to Clause 1 of Art. 19 of Law No. 1105, maternity allowance is provided to an insured person in the amount of 100% of the average salary (income), calculated in accordance with Order No. 1266, and does not depend on the length of insurance.