It is important for expectant mothers to know what guarantees are provided by law for those who decide to give birth and create a full-fledged family.
One of the most important organizational issues for a woman who constantly works and plans to give birth to a child is how many weeks should she go on maternity leave? It is equally important for planning to understand exactly when a woman who has given birth to a baby leaves maternity leave and what special benefits there are for a pregnant woman. Let's try to answer the most important questions related to the legal features of going on this special type of vacation.
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Maternity leave
How long does it take to go on maternity leave? First of all, it should be said that it is given only by the doctor’s decision and only after a full-fledged sick leave. At the same time, the law does not prohibit the expectant mother from remaining at work and continuing to fulfill contractual obligations with the employer.
The law does not oblige the employer to automatically issue maternity leave upon the onset of the 28-30th week of pregnancy. It can only be provided under two circumstances:
- if the expectant mother writes a statement in any form demanding that she be given maternity leave;
- if there are indications for which she needs temporary suspension from work.
Only a qualified doctor from a “medical organization” has the right to assess the health status of a future woman in labor. The term “doctor of a medical organization” indicates that, by order of the Ministry of Health and Social Development of the Russian Federation, sick leave for an expectant mother can be issued by the attending physician of a regular hospital, clinic or medical research institute.
In special cases, dentists or paramedics have the same right. Drawing up sick leave by other categories, for example, by an emergency service doctor or a blood transfusion station, will be considered illegal.
To issue a certificate of incapacity for work, the doctor must perform a certain procedure:
- conduct a full medical examination of the expectant mother;
- based on its results, enter data on the state of health and the need for assistance, treatment or other actions in the medical record;
- indicate reasonable arguments for issuing a certificate of incapacity for work.
As a rule, the number of days on maternity leave is initially calculated to be no less than 140 days. They are issued based on 70 days before the birth of the child and the time for rest and care of the newborn of the same duration.
The dates of maternity leave are determined not only by the requirements for full child care. They directly depend on whether there are complications or whether there is a need to provide special conditions for recuperation.
Women with special health conditions also have the right to go on maternity leave earlier than usual. If the expectant mother lives temporarily or permanently in some Russian territories, where the state guarantees additional benefits.
Long-term leave from the place of main work is counted in the general manner from the moment the sick leave is opened. At work, a woman is sent on a long leave from work, immediately after issuing a certificate of incapacity for work, and its registration must take place without delay.
The personnel service of the enterprise does not have the right to make special demands on those who are trying to take advantage of the rights to a multi-day leave before childbirth:
- explain the delay in processing the maternity leave for the preparation of documentation;
- discuss an internal audit of documents;
- independently verify documents certified by a doctor, etc.
Personnel officers or the accounting department of the enterprise are obliged to carry out all calculations and issue the due amounts immediately on the day of filing sick leave.
Information about sick leave can be transferred both upon its closure and upon the opening of a sick leave certificate.
In addition to the specified guarantees of release from work, a woman has the right to receive an additional temporary pause in the form of a special long-term leave to care for a child. It will begin immediately after the end date of the maternity leave. At the same time, going to work at any time (even for 1 day) is optional.
To register mothers going on additional leave, the employer’s goodwill is not required.
The wording “I will give or I will not give” parental leave in this case is illegal. Postpartum leave to care for a child up to three years of age is expressly stated in the text of the Code and the mother of the baby has the right to demand compliance with this legal norm.
What does officially registered maternity leave provide? First of all, for those women who, having gone on maternity leave, plan to return to the workplace, the law provides for the reservation of a workplace and position. Moreover, the Code does not distinguish between state, municipal or private companies. Thus, when going on maternity leave, a woman retains all the rights of a full-fledged employee, but only with an actual break in performing work at the company or enterprise.
What is this
To verify the timing of your pregnancy, and also to know exactly what week you are going on maternity leave, you need to regularly visit the hospital and consult a doctor. Only a specialist can determine the timing and course of pregnancy - weeks of pregnancy, the condition of the woman in labor before childbirth, the need for medical intervention.
Who is entitled to maternity leave?
In Russia, both parents have the right to use maternity leave, that is, the right to temporarily not work for the constant care of a newborn. The mother receives such leave before childbirth and after the birth of the baby. There is practically no fundamental difference in the legal status of the father, in comparison with the mother. The only difference is that the father, logically, has the right to use only postpartum leave or long-term leave to care for a child under 3 years of age.
Long-term, legal leave from work can also be used by people close to the child - grandparents, relatives or guardians. The child's adoptive parents can receive the same social benefits. However, if the birth mother can receive a full-fledged long prenatal leave, then the adoptive parents receive 70 days off from the date of adoption.
How many months do each category go on maternity leave? Is there a difference in this benefit for natural parents or adoptive parents?
There really are some differences. For example, the main legal fact here is the birth of a baby, and not the need to care for oneself and the unborn child. It is from the date of birth that the period of temporary leave from work is calculated while maintaining legal guarantees.
Legislative basis
How long does it take to legally leave work to prepare for childbirth and care for a newborn baby? Deadlines and other paper formalities are clearly outlined in the Labor Code. It specifies the timing of such long leave and the circumstances for its appointment.
What time do they leave and how long does it last?
When women go to work, as a rule, they receive 140 days of release from work. Let us consider in more detail when and under what circumstances such temporary disability can be legally used.
What week do they go on maternity leave?
The length of time women go on maternity leave depends on medical indications. The more difficult the prenatal period and the birth of the baby are, the longer the time of legal absence from work.
The minimum period for the start of such leave is 70 days, and the maximum is 110 days. The expectant mother also has the right to take full calendar leave before giving birth, and it is provided without taking into account length of service.
A woman can receive a total of about 100 days of leave before giving birth: 70 guaranteed “prenatal” leave + 28 regular leave. For women who have longer vacations, it also adds up.
That is, the expectant mother can stay under the supervision of doctors and prepare for the birth of the baby starting from 28-30 weeks of pregnancy.
Features of maternity leave
How many weeks do you start on maternity leave? In general normal health - no earlier than the standard 70 days.
A woman has the right to leave work ahead of schedule, adding regular calendar leave to maternity days. But if a working woman used it before maternity leave, then she will no longer be able to get it right before giving birth.
There is another option for the development of events - such temporary absence from work will be granted immediately, but after returning to work at the end of maternity leave, vacation pay will be deducted.
There is another important feature of one of the categories of women in labor. If a woman lives in an area exposed to radiation contamination, then she can take a 156-day leave.
Is it possible to go on maternity leave before the due date?
The law specifies the circumstances when you can go on maternity leave early. In this case, doctor's orders are required:
- if the examination reveals two or more fetuses in a pregnant woman;
- if insemination was carried out artificially;
- if a woman lives in a territory where the probable impact of negative factors is legally established.
The last point needs to be deciphered, since it concerns those who live in some territories of the Bryansk, Kaluga, Oryol, and Tula regions. These territories are legally classified as resettlement areas. Women who live and work in these settlements can go on maternity leave earlier than anyone else - 90 days before giving birth.
The same special conditions apply to women who live in the area where the accident occurred at the Mayak Production Association and hazardous waste was discharged into the Techa River. Geographically, these are some settlements in the Chelyabinsk and Sverdlovsk and Kurgan regions. They have the right to receive multi-day (90 days) paid time off from work before the birth of a child.
Is it possible to go on maternity leave earlier?
Vacation does not start from a specific day or month of pregnancy, but from a specific date, which is indicated on the sick leave certificate issued by a gynecologist.
In fact, the expectant woman in labor receives a regular certificate of incapacity for work, which confirms her inability to continue to perform work duties.
It is not permitted by law to stop working during pregnancy before 86 days in special cases and during normal childbirth before 70 days.
Is it possible to go on maternity leave later?
The law allows a woman to temporarily leave her job before giving birth at a time when she herself considers it necessary. Doctors' recommendations are only wishes and must be followed at the request of the mother in labor.
The final decision when a woman goes on maternity leave is made only by her, assessing her state of health and relying on her strengths and capabilities.
How to correctly calculate your maternity leave date
You should know the circumstances of future birth:
- number of fruits;
- the woman's health status;
- presence of harmful conditions;
- availability of unused vacation.
If you add up all the factors, you can roughly determine the period when it is advisable to go on maternity leave. In each case, the date will be individual, but in any case, leave will be granted, even before the birth. How many months it will last will depend on the birth itself. For example, if there are complications, then the postpartum leave will be at least 86 days, and for the birth of two or more babies - 100 days.
Conclusion
In order to know 100% when to go on maternity leave, a doctor’s opinion is required. Legislation seems to encourage a woman who will soon become a mother to monitor her health to constantly consult a specialist.
These protective legislative norms are aimed at compensating for monetary costs, mental and physical trials, as well as to ensure the guaranteed return of women who have given birth to a child to an active lifestyle and the restoration of their social status in society.
If the pregnancy proceeds normally, then the woman has the opportunity to stop working at the onset of the 30th week of pregnancy.
In addition to the right to receive maternity leave before and after childbirth, a woman can also use her regular calendar leave before the birth of the baby. Thus, she has the right to additional days to rest and gain strength for a successful birth.
Pregnant employees at some point leave the workplace to start preparing for the birth of a child. In the article we will talk about what week they go on maternity leave, whether it is possible to leave early, and how all benefits are paid.
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Legislative acts
In accordance with the article numbered by the Labor Code of the Russian Federation maternity leave is maternity leave (B&L). It can be provided exclusively to a woman for a certain period of pregnancy and some time after the birth of a child, as well as to women who have adopted a baby under three months of age.
During the BiR leave, the woman’s husband, upon his application, can only provide extraordinary annual paid leave- this is regulated by Article 123 of the Labor Code of the Russian Federation.
For going on maternity leave before 30 weeks of pregnancy there are also legal grounds. These include:
- multiple pregnancy;
- living in an environmentally unfavorable area;
- going on annual paid leave before maternity leave.
A pregnant woman can also arrange a little rest for herself by filing a sick leave with a therapist or obstetrician-gynecologist who is managing the pregnancy. As a rule, doctors take into account the woman’s condition during pregnancy and issue a sick leave certificate even if you are slightly unwell. The doctor will tell you how best to do it.
A woman can also go on sick leave if her eldest child gets sick, under 14 years of age.
Watch the video about the timing of maternity leave:
Payment of benefits
So, maternity leave is 140 calendar days for a normal singleton pregnancy, 156 for a complicated birth, and 194 days for the birth of 2 or more children.
Payment for vacation according to the BiR is made based on 100% of a woman’s average daily earnings for the past two years, while this period does not include:
- time spent on sick leave, including for medical work or caring for a sick child;
- time of parental leave up to 1.5 or 3 years.
If in the last 2 years a woman has been on maternity or child care leave for a long time, then she has the right to replace these years with others in which the income she received was higher. In accordance with article number 14 of the 255th Federal Law, accounting years can be replaced if:
If the pregnant woman’s work experience is less than six months or the woman’s earnings are less than established at the time of registration of benefits, then The minimum wage value is used for calculation(from January 1, 2018 it is 9,489 rubles).
The maximum amount of benefits from 2018 cannot exceed:
- 282.106 rubles 70 kopecks- in case of a singleton pregnancy and a normal birth (based on 140 days of leave under the BiR);
- 314.370 rubles 47 kopecks- if the birth was complicated (within 156 days);
- 390.919 rubles 29 kopecks- if a woman has given birth to two or more children.
Maternity payments are paid in a lump sum for the entire period of leave under the BiR.
Extension of maternity leave
After the end of the BiR leave, the mother takes care of the child; this period is divided into 2 parts:
- maternity leave for up to one and a half years;
- maternity leave for children up to 3 years old.
To register this period, a woman should write a statement at work with a request to formalize and transfer the due payments to her. Payments will be transferred on days when the company pays wages, advances or other payments to employees.
Application example:
These periods have significant differences, despite the fact that the first is part of the second. So, when taking out maternity leave for a child up to one and a half years old, a woman receives monthly payments from the employer, which are compensated to him by the Social Insurance Fund.
The maximum monthly benefit amount in 2018 is 24,536 rubles 55 kopecks, and minimum:
- 3,163 rubles 79 kopecks - for the first child;
- 6,327 rubles 57 kopecks - for the second and subsequent children.
Benefit data are paid monthly until the child reaches the age of 1 year 6 months. If the period includes incomplete months, the benefit amount is recalculated in proportion to the days.
It is worth considering that the employer may pay benefits in a larger amount, but this will be his own initiative, since compensation from the Social Insurance Fund will not be transferred to him for this.
Leave to care for a child under 3 years of age is also issued upon the application of the mother in the name of the employer. During the period of its action, mothers monthly compensation in the amount of 50 rubles is paid, and if a woman is employed in several organizations, she has the right to receive this payment in each of them.
After 3 years, child care leave can be extended to 4-5 years only by agreement with the employer by taking a vacation. The law does not provide for such a long vacation.
Going to work
Parental leave for up to one and a half or three years is mother's right, but she is not obliged to use it. In accordance with Article 256 of the Labor Code, she can interrupt it at any day by writing a statement addressed to the employer.
Wherein:
- full time, then benefits will not be paid, since she will receive wages;
- if a woman goes out to work not full time, her right to receive benefits remains.
Unlike leave under BiR, which can only be taken by mothers, Maternity leave can be taken out by the woman’s husband or other immediate relatives- this right is regulated by Article 13 of the Federal Law number 81. A relative who has taken parental leave has the right to the due allowance for this period.
A woman during pregnancy, in the period after childbirth and in the period until the child reaches the age of 3 years has the right to leave and receive various payments provided for by law.
The date of maternity leave directly depends on the woman’s place of residence, the characteristics of her pregnancy and childbirth, and benefits may vary depending on region- in some regions of the Russian Federation, additional regional payments can be issued.
Any pregnant working woman is interested in the question of when to go on maternity leave. Therefore, let’s try to figure out at what month of pregnancy expectant mothers go on maternity leave; Is it possible to go on maternity leave before/after the established date; How is a maternity leave issued?
Should I go on maternity leave?
Maternity leave in modern Russia for a woman is the time covering the last months of her pregnancy, the birth of the baby and the period of caring for the baby. However, such leave is called “maternity leave” in the old fashioned way. Today these are 2 types of leave, which follow one after another (without time gaps), but differ in design and required payments. We are talking about maternity leave and parental leave.
Maternity leave is the legal absence of a woman from the workplace during the period when she first expects, then gives birth, and then raises a child. And employers, of course, are not delighted with such a lack of a specialist (even with mandatory payment), since the established production process is disrupted.
The employee does not go to work, but she retains her job. This means either downtime in a certain area, or you need to hire another specialist temporarily (which is completely unsuitable for many applicants), or assign additional responsibilities to other team members.
Important: Knowing the timing of a specific maternity leave - its start and end - helps in part to reduce all of the above inconveniences to a minimum.
How long does it take to go on maternity leave?
The first of the vacations, included in the generally accepted concept of “maternity leave,” is called “maternity” leave. The law defines the terms (average) after which the working activity of a pregnant woman ends. The expectant mother goes on a well-deserved and completely legal vacation in anticipation of the birth of her baby.
During this period, the following questions are relevant for women employees and their employers:
How many weeks/months exactly does a woman go on maternity leave?
If the residence or work activity of a pregnant woman is not associated with harmful characteristics, and if carrying a child is not associated with medical problems, the expectant mother will go on statutory leave at 30 weeks (approximately 7 months) of pregnancy.
The actual period of such leave is 140 days, 70 of which fall in the last trimester of pregnancy, and the same amount - for the time after the birth of the newborn.
For how long can maternity leave be extended if the birth itself was difficult?
In this case, the law adds another 16 days to the required 140, so that the woman recovers from difficult labor, gains strength and improves her health.
What week does maternity leave begin in case of multiple pregnancy (more than one child)?
Under such circumstances, the expectant mother has the right to stop working at 28 weeks. And in fact, maternity leave is provided for more - not 140, but 194 days, of which 84 are allocated for the period before the birth of the babies and 110 for the time after their birth.
But it happens (albeit extremely rarely nowadays) that it is only in the delivery room that it becomes clear: the newborn is not alone. Then, after her discharge from the maternity hospital, mommy will have another 54 days added to her previously issued 140 days of vacation.
What is the duration of maternity leave for women who lived or worked in hazardous conditions?
They can go on maternity leave at 27 weeks. And their vacation will be longer than everyone else’s - 160 legal days (90 days before giving birth and another 70 after). However, for this to happen, the area where such a pregnant woman lives must have the official status of “contaminated” due to industrial accidents or man-made disasters associated with the release of radiation. And these include:
- PA "Mayak" and the territories adjacent to it;
- Chernobyl nuclear power plant zone;
- area of the Techa River (radiation waste is discharged into it).
When should a woman go on maternity leave if she gave birth earlier than expected?
In each specific case, the decision is made individually. But if, as a result of misfortune or illness, childbirth occurs earlier than expected, the maternity leave will be issued from any week (from 22 to 30) and extended for 156 days after delivery.
Registration of maternity leave
Maternity leave is issued with a certificate of incapacity for work (sick leave). This is enshrined in a number of legal documents (p. 8 of the Procedure for issuing certificates of incapacity for work from the order of June 29, 2011 of the Ministry of Health and Social Development of Russia, Article 225 of the Civil Code of the Russian Federation, etc.).
Sick leave for pregnancy and childbirth is issued by a gynecologist who monitors the woman. Or a family doctor. Or a paramedic if the expectant mother lives in a locality where there are no clinics or antenatal clinics.
This document (sick leave for pregnancy and childbirth) is uniform and is issued once. Therefore, the pregnant woman and the expectant mother will no longer have to complete any medical documents.
Important: The decision that it is time for a woman to go on maternity leave is made each time by the doctor who monitors the patient individually. In most cases, the doctor, when deciding on the date of maternity leave, focuses on the so-called “obstetric period”. But ultrasound doctors appeal to the “gestational” period.
The obstetric period is 14 days longer than the gestational period. And here the woman can negotiate with the doctor the conditions for going on maternity leave for one or another period - depending on her own well-being. Tired, constantly feeling unwell? It is worth registering according to the obstetric period. If you are full of strength and desire to work - according to gestational.
Important: The duration of maternity leave is determined by the observing gynecologist, based on several decisive factors. And this period is calculated based on pregnancy in weeks.
The period is calculated from the moment the pregnant woman is registered according to her status in the antenatal clinic or clinic. Up to the day of the week. Did the woman apply for registration on Wednesday? This means her maternity leave will also begin on Wednesday. And knowing this interesting point, the expectant mother can independently calculate the date of going on maternity leave, which means she will be able to plan her affairs and adjust some projects, including those related to work.
Article 225 of the Civil Code of the Russian Federation obliges a pregnant woman, who has issued and received the appropriate sick leave, to provide this document at her place of work and there to write an application for maternity leave on the basis of the law.
Is it possible to go on maternity leave earlier?
In certain situations, a pregnant woman can go on maternity leave earlier than expected. But for this there must be appropriate circumstances:
- health problems of the expectant mother;
- the complexity of the working atmosphere in which a pregnant woman is forced to be;
- difficult living conditions;
- other factors forcing the expectant mother to leave work earlier than the established deadline.
The specific period for going on maternity leave by week is fixed in the Order of the Ministry of Health and Social Development of Russia No. 624n dated June 29, 2011. It also says that a woman can receive sick leave for pregnancy and childbirth only from the gynecologist who has been seen since the moment of registration. There are no exceptions to this rule, but a pregnant woman must understand that she has a real opportunity to go on maternity leave earlier than scheduled or return from maternity leave later.
This possibility, for example, is spelled out in the current Labor Code. After all, it is this set of laws that states that any employee has the right to annual paid leave. AND An employer can provide a pregnant working woman with the following leave:
- immediately before the date of maternity leave;
- immediately after the end of maternity leave;
- after maternity leave.
Important:
leaving a particular woman on maternity leave is in no way related to her length of service at the enterprise from which she is leaving, or her overall length of service. This right is prescribed by law. But the most interesting thing is that the next vacation of the expectant mother is not related to the length of service. It must be provided to her by the employer, even if she has not worked for the company for the required six months.
In cases where a woman has already taken her next vacation, and it is already difficult for her to work before going on maternity leave, the issue needs to be resolved with the supervising gynecologist. There are options there that allow a pregnant patient to take a break from work.
The employer, who may well be dissatisfied with this state of affairs, should keep in mind that during a woman’s pregnancy everything should be aimed at ensuring her physical comfort and mental balance. Because not only her well-being, but also the health of the unborn child depends on this.
All of the above is put at the forefront, so a pregnant woman who does not feel well, but is not yet going on maternity leave, has the right to:
- simple leave on sick leave (outpatient);
- or undergo treatment in a hospital setting.
And here it won’t even matter to her what specific week pregnant women go on maternity leave.
Is it possible to go on maternity leave later?
Different women experience pregnancy differently. In addition, a lady in an interesting position may have her own plans and calculations regarding the timing of maternity leave.
Someone feels bad and tries by hook or by crook not to go to work (fortunately, this can be done on absolutely legal grounds). Others want to earn as much as possible before the birth of a child and are in no hurry to go on maternity leave, especially since their excellent health allows them to work, as they say, “until the last.”
Let's figure it out: does the current legislation allow a woman to go on maternity leave later than the established deadline? Allows, according to clause 46 (3 paragraph) of the same Order of the Ministry of Health and Social Development of Russia No. 624n dated June 29, 2011. A pregnant woman refuses the “vacation” certificate of incapacity due to her, and a corresponding mark is made on her card.
Important: if a woman later changes her mind and wants to rest legally, she will have to go to her gynecologist to get sick leave. But only before giving birth. After this, such a document cannot be issued. But it can also be prescribed retroactively - from the date of the legal period of 30 weeks or earlier (in case of multiple pregnancy or in other circumstances). But strictly for the period described in the law for each category of pregnant citizens - for 140, 160 or 194 days.
The expression “before childbirth” in a situation with “overdue” sick leave is given for the correct interpretation of legal norms.
From all of the above we can draw certain conclusions:
- A pregnant woman has the right to receive a certificate of incapacity for work for pregnancy and childbirth only before the birth of her child.. If she prefers to work until the birth, then after the birth of the baby she will immediately have to take leave to care for him. In this situation, she will also lose the right to compensation payments due by law to pregnant women for this period. However, the mother will be able to apply for child care benefits immediately after his birth. This option is possible only in cases where a pregnant working woman receives a very decent salary, directly dependent on the amount of work she performs. Much also depends on the current state of her health.
- Even if a pregnant woman receives sick leave later than the established date, the document will be issued backdated to the 27th, 28th or 30th week of pregnancy.
- You cannot be on maternity leave and work at the same time. So those who expect to receive both a salary and maternity benefits at the same time will have to give up fantasies on this topic and consider real options.
From the moment a woman takes the corresponding sick leave to work, they stop paying her wages there and begin to accrue “maternity” benefits. If the employee feels financial losses due to this, you can try to negotiate with the employer so that the missing amount is still paid. For example, as a bonus. The law allows this.
Sometimes disputes arise over the establishment of deadlines. But here the gynecologist observing the woman, as a rule, meets his patient halfway and makes a recalculation in her favor.
Many women look forward to going on maternity leave, as it will give them the opportunity to relax more and calmly, without being distracted by anything, prepare for the birth of their baby. But there are many questions associated with going on maternity leave.
Registration deadlines
The procedure for going on maternity leave is described in detail in the Labor Code. According to the law of the Russian Federation, a woman has the full and unquestioning right to go on maternity leave at 30 weeks pregnancy if she is carrying one baby. If two or three babies grow and develop in the mother’s womb, then leave is granted earlier: women go on maternity leave at 28 weeks of pregnancy. If a woman works, then usually the entire procedure for going on vacation is in charge of an employee of the HR or accounting department, who gives the pregnant woman detailed instructions.
What we call “maternity leave” is essentially two leaves, one after the other. The first is leave granted on the occasion of pregnancy and in connection with childbirth, and the second is leave, which is intended to care for a newborn baby until he turns one and a half years old.
If desired, a woman has every right to stay with the baby for another year and a half by writing a statement stating that she wishes to extend the leave to care for the baby to 3 years.
The maternity leave so desired by expectant mothers begins when the gynecologist issues a sick leave certificate to the expectant mother, which confirms that from now on she is considered disabled (and this happens at 30 and 28 weeks, depending on the number of fetuses).
The period of prenatal leave is limited - 140 days if the birth took place without complications and one baby was born, or 194 days if twins were born. If a woman, for some planned or emergency reason, had a cesarean section, then postpartum leave is also supplemented. The sick leave is extended in the maternity hospital (by writing out another certificate of incapacity for work), and in total the maternity leave for such a postpartum woman lasts 156 days. If a woman lives in an area of radioactive contamination, then her rest will be 160 days.
There is a statutory right to maternity leave not only for pregnant women, but also for adoptive parents. They are given 70 days of postpartum care for the child. If twins are adopted, then more time is given for rest - 110 days.
The specified number of days for each case is the law, and no one has the right to violate it, that is, maternity leave cannot be reduced or increased in any situation.
But a woman can increase it in a completely legal way, first by taking her next vacation, and then taking maternity leave. It is important to know that a woman can take out such leave for each place of work if, in addition to her main place, she has a part-time job. Only the pregnant woman herself can receive prenatal leave (she can give birth herself, no one can replace her in this!). And here postpartum leave can be taken out by the child’s father, grandmother, grandfather, and guardian.
Where to begin?
It’s worth asking about the issues of maternity leave a week before 28 (if a woman is expecting twins) or 30 weeks (if there is only one fetus). The obstetrician-gynecologist with whom the woman is registered must give her directions for tests and examinations, which, in fact, are in no way connected with vacation, but according to existing practice and recommendations of the Ministry of Health, they fall exactly in time for going on maternity leave.
The woman is sent for an ultrasound, blood and urine tests are taken, a coagulogram is done, and smears are taken for examination. If she refuses to undergo this examination, a sick leave certificate will still be issued, but why risk your health and the health of the baby by refusing a scheduled examination?
The certificate of incapacity for work, which was issued in consultation, must be taken to the place of work or submitted to the social protection authorities at the place of registration. In the second case, you need to attach a certificate of your husband’s income to the document (it is given to him at work).
If a woman is at the labor exchange and receives unemployment benefits, she needs to take an extract from the exchange about the amount of this payment. A maternity leave is issued upon the written application of the woman herself; no one can take the collected documents for her.
Having done all this, you can safely go on vacation and wait for sick pay to be accrued.
Benefits while on maternity leave
Questions about payments that are due to women who take out such leave are among the most common. It should be noted that the amount of payments during the period covered by sick leave (before and after childbirth) depends on the woman’s income over the last two years. Income is summed up and divided by the number of days actually worked (sick leave and vacation are deducted!). This gives you the average daily income. Then it is multiplied by the number of days on sick leave - the payment amount is obtained.
If a woman does not work or works for less than six months, she is also entitled to benefits, but only in the minimum amount (based on the minimum wage).
For several jobs they receive benefits at each of them. The woman receives the entire amount in one lump sum. A benefit may be added to it, which is due for early registration at the consultation, if the woman has not brought such a certificate before.
After delivery, payments will be as follows:
- one-time benefit on the occasion of the birth of a baby;
- monthly child care allowance until he turns one and a half years old (40% of the mother’s average earnings over the last two years).
There are also state benefits - for the first child, the third and subsequent ones. Their amounts are individual for each region, they are awarded by social authorities.
From 2019, all listed types of benefits will be increased due to an increase in the minimum wage. The only thing that is unclear is when child care benefits for children from one and a half to three years will be increased. The payment was established back in the 90s and has never been increased until now - it is only 50 rubles per month. But the Ministry of Labor and Social Protection of the Russian Federation promised to reconsider this issue in the very near future and increase the benefit to at least the level of 1 minimum wage.
Many women ask questions: what is maternity leave, how many weeks do they go on maternity leave, does maternity leave count towards seniority? Maternity leave is a certain period of time, including the period before and after childbirth. It is prescribed at the legislative level and assigned to every woman.
The concept of “maternity leave” or “maternity leave”, which is found at the everyday level, is referred to in documents as “maternity leave” (sick leave) and “child care leave” (can be until the baby reaches 1, 5 or 3 years). A sick note confirming a woman’s temporary incapacity is issued by a doctor at a certain stage of gestation.
A certificate of incapacity for work + a statement from a pregnant woman is a legal basis for granting leave. Who can receive maternity benefits:
- workers;
- those who study as inpatients (full-time students);
- girls in military or civil service;
- those who are registered with the employment center.
If a woman works (officially employed) in two or more enterprises, she has the right to payments from each place of work. The benefit may not be accrued if during the woman’s work no deductions of a certain amount were made to the Social Insurance Fund.
The duration of maternity leave determines the number of children in the womb of a woman. A single pregnancy means maternity leave at 30 weeks, a multiple pregnancy at 28 weeks.
An important point: leave granted to a woman who lives in a radiation-contaminated region begins 90 days before the expected due date.
Sick leave is issued for the following period:
- 140 days: 70 days before the expected date of birth and 70 days after (if 1 child is born);
- in the case of multiple pregnancy, 84 days before the scheduled delivery and 110 after. Total 194 days;
- 70 days before birth and 86 after in case of problems and complications during the birth of the child. The total number is 156 days.
The estimated due date is determined by the doctor after examining the woman using an ultrasound machine. Prolonged gestation or premature birth of a baby cannot become grounds for changing the duration of leave.
If the birth was difficult, the sick leave can be extended by a separate document. If the woman in labor has submitted a corresponding application, she may be granted additional leave.
When can you leave early?
Depending on the number of children being carried, maternity leave can be granted starting from the 28th week of gestation. Of course, due to the growing load on a woman’s body, she wants to go on vacation as soon as possible, but it is necessary to follow the laws. What are the options for getting out of the situation:
- You can contact a therapist to draw up a certificate of temporary incapacity for work. The reasons for this may be pressure changes, problems with the cardiovascular system, etc.;
- as an option, take a sick leave from a gynecologist. This is appropriate if there is a real threat of miscarriage or other problems with pregnancy;
- according to the law, a pregnant woman can go on paid leave, which she is entitled to every year, even if she has not worked the required 6 months;
- Based on a certificate of incapacity for work, you can go on leave to care for a sick child.
Sick leave is paid according to legal regulations.
When can I leave later?
If a woman continues to work after the date specified by law and according to a medical report, she must write an application and indicate in it the desired date of going on maternity leave. In this case, she will receive only a salary, without accruing benefits.
If the date of going on vacation is postponed due to the work of a pregnant woman, the period of rest itself does not increase. For example, if a woman left at 35 weeks (provided she was pregnant with 1 child), the end date is exactly 70 days after giving birth, as expected. If 5 weeks have been worked, they will not affect the duration of the vacation in any way.
To apply for maternity leave, you need to submit an application
How to apply for maternity leave?
Let's look at the procedure for applying for maternity leave:
- First of all, contact a gynecologist, or a antenatal clinic. He will issue a sick leave certificate at 30 weeks (for pregnancy with 1 baby) or 28 weeks (for multiple gestations);
- receive a sick leave certificate, which is issued on a special paper form. Since 2017, it has been possible to create a document electronically in the clinic itself;
- draw up an act requesting maternity leave, formalize it in any form. It must indicate the date of maternity leave and a request for payment of the required benefits. The basis for drawing up the document is a sick leave certificate;
- be sure to provide all the necessary additional acts that are necessary for calculating benefits;
- issuing an order on receiving and going on maternity leave;
- the final step is the signing of the order by the manager.
When the prenatal and postnatal period of rest ends, the woman in labor will need to go to work or draw up a new application for leave to care for the baby.
What documents are needed to apply for maternity leave?
Submission of the package of documents takes place in 2 stages:
- before the birth of the child;
- upon completion of maternity leave.
Before the baby is born, it is necessary to prepare the following documents for the head or the Social Insurance Fund:
- sick leave from a gynecologist;
- a certificate confirming registration of a pregnant woman in the 1st trimester;
- if necessary, a certificate of income for 2 years before pregnancy. This is a necessity if the woman worked elsewhere;
- Personal identification documents: passport, its copy;
- Bank account number. The certificate can be obtained from your bank employees.
After the birth and completion of maternity leave, the following acts will be needed:
- an application drawn up by a woman requesting leave until the child reaches 1.5 years of age and payment of the appropriate benefit;
- passport: original and photocopy;
- birth certificate of the child (children), copy;
- bank account details;
- document on income for the last 2 years;
- an act stating that the father does not receive benefits.
Father can take maternity leave
All close family members have the right to maternity leave: father, grandmother, grandfather, and so on. The benefit is calculated according to the rules of the place of work of the relative caring for the baby.
How to write an application for maternity leave?
In order to correctly write an application for maternity and pregnancy leave, you need to:
- find and download the application form, which must be written personally by the pregnant woman;
- indicate in the upper right corner the addressee (position, full name);
- below we write down the woman’s position and her full name;
- write the word “Statement”;
- the following is the text: a request for maternity leave, payment of the required benefits (for pregnancy and childbirth, as well as when registering in the first trimester). Don't forget about the details for transferring finances. The date is set in accordance with the certificate of incapacity for work;
- attachments: sick leave and certificate confirming registration (up to 12 weeks of gestation);
- The current date of writing is indicated at the bottom left;
- a painting is placed in the middle of the sheet and a transcript is placed a little to the right.
To apply for maternity leave to care for a child, also use the provided algorithm. Enclosures: the baby’s birth certificate and a certificate from the father’s place of work stating that he does not receive benefits.
An order to go on maternity leave is issued by a representative of the HR department or another person who performs the functions of HR management.
Order for a woman to go on maternity leave
An order to grant the expectant mother legal leave is issued as soon as possible. What it says:
- name of the organization that issued the order;
- his number;
- date of creation and issue;
- main points: management agreement to provide the woman with maternity leave and pay the required benefits. The basis is the application of the pregnant woman itself (with the specified date) and the acts from the “appendices” column in this application.
Below you need to indicate the position of the boss, his signature and decoding. The note “I have read the order” + signature, transcript and date is required. Document form: paper form, printed form. The woman and her supervisor sign with their own hands. All data must be entered into the employee’s personal file.
Maternity leave - how long does it last?
The duration of maternity leave is clearly stated in labor legislation:
- if the pregnancy is singleton - 140 days, 70 before birth and the same amount after;
- for multiple pregnancies – 194 days, 84 before delivery and 110 after;
- if problems and complications arose during childbirth - 156 days (70 before birth, 86 after);
- if a woman lives in a region with a large emission of radiation - 160 days (90 before childbirth, 70 after).
The list of incapacity indicates the time frame for the beginning and end of the maternity leave.
How is maternity leave paid?
Maternity leave must be paid in full for the entire period (according to sick leave). All money is transferred to the employee’s personal bank account, which was indicated in the application. One-time payment, prenatal. What can be highlighted in this case:
- the actual amount of payment depends on how many days were worked before the upcoming birth. When calculating the amount, 2 years before the current situation are taken into account. If a pregnant woman has been working at her current place of work for less than 2 years, she can submit a document on income from her previous place of work;
- if the expectant mother did not work at all for some time, the amount is calculated taking into account the minimum wage from 1 of 2017 - 7800 rubles;
- the certificate of incapacity for work must be paid 100%, taking into account the average salary;
- all payments have their own limits, both minimum and maximum;
- the amount of the minimum benefit is 34,473 rubles (if the pregnancy is singleton);
- The certificate of incapacity for work must be provided no later than 6 months after the expiration of maternity leave. If this does not happen, the money can only be obtained through legal proceedings if there are good reasons for this.
In heavy work, you can go on maternity leave earlier than expected
In order for your benefits to be calculated correctly, you must provide the following information:
- exact salary for 2 years. For example, if a woman is going to leave in 2018, we need data for 2017 and 2016;
- the exact number of days for 2 years is 731;
- the number of days that are not taken into account during contributions to the Social Security Fund (social insurance fund). This could be: sick leave, maternity leave, parental leave;
- number of days of maternity leave, according to the sick leave.
At the end of maternity leave, the woman needs to write an application for leave to care for the baby and receive further monthly benefits. If you want to independently calculate the amount of benefits you are entitled to, you can use an online calculator.
The transfer of money must be made on the day of the advance or salary at the enterprise where the pregnant woman worked. The benefit is paid from the boss’s money, but is then compensated by the social insurance fund.
What maternity benefits can I expect?
What financial assistance is a woman entitled to:
- maternity benefit, which is paid before childbirth. It is equal to the full amount of the average salary for 1 month;
- an amount paid once when registering for pregnancy in the early stages (first trimester). Payment can be made only if a certificate from a gynecologist confirming the fact of pregnancy is provided;
- payment from the federal budget, carried out 1 time. In 2017, it was equal to the amount of 16,350 rubles. Payment is made for each child; for the birth of twins, the amount increases. The amount can also be increased according to the coefficient fixed by local authorities (if the woman lives in the northern regions).
If the period of prenatal and postnatal rest is over, the young mother has the right to receive child care benefits. This is approximately 0.4 of the average monthly earnings. After the child reaches the age of 1.5 years and until the age of 3 years, the mother receives 50 rubles every month.
How to avoid being deceived by an employer - legal advice
So, let's consider the guarantees that are provided to every woman preparing to become a mother:
- payment of a certain amount from the Social Insurance Fund. By the way, it is made only when the boss has made the appropriate deductions. Before applying for a job, it is recommended to clarify this information;
- the manager does not have the right to dismiss a young mother whose child has not reached 3 years of age or a woman who is caring for a disabled child. In addition, single mothers whose children have not reached 14 years of age are not subject to dismissal;
- an employment contract concluded with a woman must be automatically renewed if there is a certificate confirming the fact of pregnancy from a doctor;
- the young mother retains her job for the entire period of prenatal and postnatal leave to care for the baby;
- if a woman returns to work, she has the right to return to maternity leave again;
- When you submit a package of documents to apply for state benefits, be sure to play it safe: ask for a receipt for the transfer. This is necessary so that in case of loss of documents you can prove your case;
- If the required package of documents is provided, but benefits are not accrued, you need to write a statement to the employer. If there is no response to the request, the woman by law has every right to sue or contact the labor inspectorate. Thus, you can receive benefits and compensation for moral damage.
FAQ
Maternity leave involves a lot of questions for women who are about to take it. We will try to answer the most common and explain unclear points.
Is it possible to receive benefits and work?
Returning to full-time work will cancel benefits. If a woman works part-time, she retains the opportunity to receive state benefits and at the same time a salary. Maternity leave involves the prenatal and postpartum period, so a young mother has every right to lump sum payments or benefits every month.
When carrying twins, the conditions for going on maternity leave change somewhat.
When is leave due after maternity leave?
A woman can take leave before the birth of a child or upon completion of sick leave for pregnancy and childbirth. Rest must be provided, even if the required six months have not been worked. Vacation is allowed if the woman worked and did not take it before. Rest is provided to employees based on waiting lists and personal wishes taken into account by employers.
Women with children have an advantage: they are entitled to vacation in the summer.
Is maternity leave included in the length of service when calculating a pension?
The period before and after childbirth can be divided into three parts:
- period of rest on sick leave;
- maternity leave until the child reaches 1.5 years of age;
- parental leave, which lasts until the age of 3 years.
The length of service includes the entire period: from prenatal to three years of age. However, the pension takes into account only the period of maternity leave and up to 1.5 years of age of the baby.
Holiday to care for the child
When maternity leave ends, no one can force the young mother to return to work: the next stage begins, parental leave. It lasts until the child reaches 3 years of age. To avoid problems, you need to write an application addressed to your boss and prepare the following documents:
- a document from dad’s place of work, which will confirm that he did not take leave to care for the baby until he was 3 years old.
A woman can independently make a decision: to go to work after completing maternity leave or to continue her maternity leave. You can shift this mission onto the shoulders of your closest relatives: spouse, grandmother or grandfather.
Grandmother can take parental leave for herself
Child care allowance
The benefit is paid monthly until the child reaches 1.5 years of age. In the future, every month the mother receives 50 rubles in compensation. Benefits and compensation are awarded to the person caring for the child: if this is, for example, a grandmother, the benefit amount is based on her actual earnings. What you need to get help:
- birth certificate or documents on adoption (taking guardianship) of the child;
- a well-written application for assistance;
- adoption documents or birth certificates for all children in the family;
- a certificate from the place of work of the father of the family stating that he does not receive benefits;
- salary document from previous places of work, valid for the last 2 years.
In general, the actual benefit amount may be 40% of average earnings. Most often, the manager asks to write an application and submit documents along with the vacation application.
Let’s give a clear example: Ekaterina’s payments for 2 years are equal to 1,400,000 rubles, her work period was 700 days out of 731 allotted, her sick leave lasted 31 days. To calculate this benefit, we cross out days of illness or parental leave.
To derive the formula, you need to divide 1,400,000 by 700 (clearly worked days), multiply by 40% (simple mathematics: multiply by 40 and divide by 100). Next, multiply by 30.4 (the average number of days in 1 month). In total, it turns out to be 24,320 rubles.
According to amendments to the law from January 1, 2018, the average benefit should not be less than the amount of 3,795 rubles (after the birth of one child). At the birth of the second (third, etc.) – 6284 rubles. the maximum amount, according to the approved amendments, is 24,536 rubles.
Based on this, we can say that Ekaterina will receive 24,320 monthly until the baby is 1.5 years old. For example, if a girl wants to return to work, and her husband goes on maternity leave, the amount of his benefit will be calculated based on income for 2 years.
Is the length of service valid during maternity and child care leave?
Parental leave is included in the length of service - in accordance with Article 11 of the Federal Law. The management pays all taxes to the pension fund for its employee. Vacation up to 4 and a half years is also included in the length of service.
Returning from maternity leave
According to the law, no employer can simultaneously provide two maternity leave and benefits. A woman has every right to go on a second maternity leave immediately after leaving the first, but she has a choice: take a new sick leave and receive maternity benefits or continue to receive child benefits until the child reaches the age of three.
Dismissal during maternity leave
In what cases is dismissal possible:
- if a legal entity is liquidated;
- The IP ceases to exist.
If a woman wants to quit, this can be done any day. There are frequent cases of employers being dishonest towards a pregnant woman: many offer monetary compensation when signing a resignation letter. Under no circumstances should you agree to this scam - no one has the right to simply demand these actions!
Annual paid leave before maternity leave
If a pregnant woman has not used her right to leave, which is mandatory once a year, she has every right to add it to her upcoming maternity leave. Even if she did not work the required six months, she can take a vacation.
You can take all the allotted days or only a part - everything is at your personal discretion. The employer’s opinion is not taken into account in this case - the corresponding rule is spelled out in the law.
Annual leave after maternity leave
A woman has every right to take paid leave every year. The period must be calculated for the entire year that was worked before leaving before childbirth. It must be paid and it does not depend on maternity leave or parental leave.
Is it possible to extend maternity leave after 3 years of maternity leave?
Since 2014, an amendment was made to the Federal Law of the Russian Federation “On Labor Pensions”: if a mother (or another family member) has been on maternity leave for a year and a half, he can count on including this period in his work experience. But there is one “but” - the number of such leaves should not exceed 3. The fourth leave to care for the baby, which lasts 1.5 years, is not included in the length of service.
The most common mistake against this background: the vacation is extended to 4 and a half years (3 times one and a half years). This is not true: up to 4, 5 or 6 years, maternity leave can be extended only after agreement with the employer.
In case of complicated childbirth, sick leave for childbirth increases
This only happens if the job can be saved. In addition, the boss will have to partially pay for such a maternity leave - pay a salary or benefit, which is taken from personal funds.
The only valid reason for extending leave is the child’s poor health. However, this will have to be documented - to convene a special medical advisory commission, or VKK for short.
This is the only way to obtain a certificate - a conclusion that must be provided to the management at the place of work. The diagnosis must be confirmed with a new certificate every year.
If there are no serious and compelling reasons, the employer may refuse the employee. In addition, if the case goes to court, he will win the process.
Grandmother on maternity leave
The Labor Code of the Russian Federation has articles (256 and 257) that state the possibility of filing a maternity leave in the name of the child’s grandmother or grandfather. However, this can be any family member who agrees to take care of the child for the required period.
You can apply for either full maternity leave for 3 years or for a specific period. List of documents that need to be submitted to the appropriate authorities:
- a well-written application;
- baby's birth certificate;
- a document from the parents’ place of work, which indicates the non-use of maternity leave and non-receipt of state benefits for the baby.
Going to work
Maternity leave is the right of every mother, and only she can decide whether to use it or not. She is not required to stay at home for 1, 5 or 3 years, as prescribed by law - she can interrupt her maternity leave at any time by simply writing an application addressed to her employer.
It is worth remembering that state benefits will not be paid if a woman goes full-time - they will be compensated by wages. The right to receive assistance from the state is retained only if a decision has been made to work at half-time.
