Maternity leave in the Russian Federation. Maternity leave, or what you should know about it? Sample application letter for maternity leave

If earlier in Rus' it was the norm to give birth to children in the field, and then return to agricultural work, then in our civilized age, the attitude towards women in labor is much more reverent.

Women are legally given time to prepare for childbirth and recovery after them, as well as leave until the child reaches the age of three.

Let's figure out how to build a relationship with an employer for a future mother.

Maternity leave: what a future mother needs to know?

In fact, maternity leave consists of two parts.

First, maternity, lasts 70 days before childbirth and another 70 after them. If you are expecting two or more babies, the duration of the vacation increases to 84 and 110 days, respectively.

Benefit, paid for pregnancy and childbirth since 2012 is paid based on the average earnings of a woman over the past two years.

At the same time, periods of temporary work capacity, including due to being on a previous maternity leave, are not taken into account in the calculation.

Thus, women who have not worked in the last two years or who have low official salaries fall into an unfavorable situation. If the length of service is less than six months, the amount of the benefit is calculated taking into account the minimum wage.

If the family cannot hire a nanny, and grandparents cannot sit with the child, the young mother will have to immediately go on the next vacation: for child care.

You can stay in it until the child reaches the age of 3, during which your job will be retained for you, however child benefit in the amount of 40% of the monthly maternity allowance is paid only for the first 1.5 years.

From 1.5 to 3 years, compensation in the amount of 50 rubles is accrued for each day spent on maternity leave.

Parental leave can be taken not only for the mother, but also for another family member (father, grandmother, grandfather, etc.). True, in the countries of the former USSR this is rarely practiced.

When going on maternity leave, do not forget to prepare package of documents: Otherwise, there may be problems with receiving payments.

At 30 weeks in the antenatal clinic you will be issued a disability certificate; it must be submitted to the employer along with an application for the assignment of benefits in free form.

To the list of documents required to take a three-year parental leave, are included: a statement, a birth certificate (if you have other children, then their certificates will also be required) and a certificate from the place of work of the second parent, certifying that he did not go on a similar vacation.

And know that during both maternity and childcare leave you will under no circumstances can't get fired. If this happens, you have every right to apply to the Labor Inspectorate and the court. An exception is the case of liquidation of a legal entity.

How not to spoil the relationship with the employer?

Of course, few business owners will be happy about the temporary disability of a valuable staff. Therefore, it is sometimes very difficult to choose the right strategy of behavior, informing the management about the upcoming joyful event for you.

There is no legal deadline, for which you must inform your superiors about your pregnancy. Formally, this can be done at the thirtieth week, after receiving a certificate of incapacity for work in the antenatal clinic.

However, it’s better to gather your courage and inform the manager earlier: this will give you time to calmly find a replacement for you during the vacation period and transfer cases without haste.

If the relationship within the team is not too close, you should not rush to share the news at least until the end of the first trimester. It is unlikely that washing bones will contribute to your peace of mind.

The new status gives you some rights. Now not only can you not be fired. In the event that a fixed-term employment contract expires soon, it must be extended.

Women working in hazardous industries can be transferred to another department with the same salary, and if desired, they can be transferred to part-time work (although in this case the salary is proportionally reduced).

Also keep in mind that pregnant it is forbidden to send on business trips or call to work at night, weekends and holidays.

triumphant return

Very important for the time spent on maternity leave, do not lose professionalism. After all, even a slight break affects the skills and abilities, let alone several years spent away from the workplace.

So that going to work is not too stressful, try to keep abreast of what is happening in your industry. Despite a small amount of free time, a young mother it is worth finding time to review the news and read professional literature.

Keep in touch with colleagues: so you will be aware of the situation in the company and after the exit you will be able to choose the right strategy of behavior.

Coming out of maternity leave do not overload colleagues with stories about the child's life. It is clear that the baby is the most important thing for you, but not everyone will be pleased to hear stories about how the child eats or goes to the toilet.

Better prove yourself as a professional, for whom a break in work did not turn out to be an obstacle in reaching new horizons.

E.A. Shapoval,
Leading Lawyer

Making the transition from decree to decree

Cannot grant two maternity leave at the same time

An employee cannot be on maternity leave and maternity leave at the same time e articles 255, 256 of the Labor Code of the Russian Federation; clause 20 of the Decree of the Plenum of the Supreme Court of January 28, 2014 No. 1. Also, it is impossible to pay the allowance for the care of a child up to one and a half years and maternity allowance at the same time. e Part 4 Art. 13 of the Law of May 19, 1995 No. 81-FZ (hereinafter - Law No. 81-FZ); Part 3 Art. 10 of the Law of December 29, 2006 No. 255-FZ (hereinafter - Law No. 255-FZ). Therefore, a woman must choose which leave she will use.

Rescheduling maternity leave

We tell the employee

Maternity leave is more beneficial, since the amount of the benefit for it is larger than the amount of the child care allowance m Part 1 Art. 15 of Law No. 81-FZ; Part 1 Art. 11 of Law No. 255-FZ.

It is necessary to issue maternity leave and pay benefits to a woman on parental leave for the period indicated in the employee’s application and on sick leave. But on condition that she submits an application and sick leave no later than 6 months from the end of the maternity leave m Part 2 Art. 12 Law No. 255-FZ.

If a woman, while on parental leave, applied for maternity leave later than the date indicated in the maternity sick leave, and you have already paid her child care allowance, then pay only the difference between the pregnancy allowance and care allowance .

If a woman has chosen maternity leave, then proceed as follows.

Step 1. Ask the workers s Art. 255 of the Labor Code of the Russian Federation; Part 5 Art. 13 of Law No. 255-FZ:

an application for termination of parental leave and benefits (if any) and for maternity leave and maternity benefits and early pregnancy registration benefits (if applicable).

The application form has not been approved. It can be composed like this.

General Director of Constanta LLC
Gusev K.V.
from the seller
Skripkina Olga Ivanovna

Statement

I ask you to stop my parental leave until the child reaches the age of 3 years and the payment of child care allowance from April 24, 2017.

I ask you to grant me maternity leave for 140 calendar days from April 24, 2017 and pay the appropriate allowance during this time.

I also ask you to pay me an allowance for registering in the early stages of pregnancy.

Attached to the application:
- certificate of temporary disability dated 04/24/2017;
- a certificate of registration in the early stages of pregnancy dated April 24, 2017.

O.I. Skripkina

sheet of temporary disability;

a certificate from the antenatal clinic on registration in the early stages of pregnancy (if There is) Art. 10 of Law No. 81-FZ; p. 22 of the Procedure, approved. Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n.

We tell the employee

If it turns out that a woman who worked part-time on parental leave has a maternity allowance during the second decree that is less than the allowance for caring for her first child until he reaches the age of one and a half years, she can receive care allowance for the child, because it is more beneficial for her. And only after that go on a second maternity leave. The second decree will be paid only for the time remaining until its end.

Step 2: Issue an order to end parental leave and benefits and to grant the worker maternity leave and benefits.

There is no form of such an order that can be taken as a basis. The order can be made like this.

Limited Liability Company "Konstanta"

Order No. 18-k

Moscow

In connection with the termination of leave to care for a child under 3 years of age and the provision of maternity leave Skripkina O.I.

I ORDER:

1. Terminate parental leave before the child reaches the age of 3 years and the payment of child care allowance to the seller O.I. Skripkina since April 24, 2017

2. Provide O.I. Skripka's maternity leave for 140 calendar days from 04/24/2017 to 09/10/2017 and pay maternity allowance for this period.

Maternity leave, or maternity leave, is a statutory paid period of 140, 156 or 194 days, which is provided to every woman for the birth of a child and the restoration of her health.

The terms for paying maternity leave in 2016 changed only for women working under a fixed-term employment contract - now, according to the relevant application of the employee, labor relations with her must be extended not only as before, until the end of pregnancy (birth of a child), but for the entire postpartum period, which is payable additional days of maternity leave:

• 70 days - with normal childbirth;
• 80 days - with complicated;
• 110 - at the birth of two children or more (multiple pregnancy).

In all other cases, the duration of maternity leave and the timing of the payment of benefits for pregnancy and childbirth to women on maternity leave are established in the usual manner.

According to Russian law, the decree for women is established in the form of a period of incapacity for work (sick leave) of a fixed duration, payable by the employer in the amount of 100% average earnings calculated for the previous two full calendar years.

Vacation is provided to the expectant mother at the obstetric period 30 weeks pregnant, and if the pregnancy is multiple, then already in 28 weeks. The maternity allowance is paid at the place of work on the next payroll day or directly from the Social Insurance Fund (FSS).

How many weeks do they go on maternity leave?

The terms of maternity leave and the total duration of maternity leave in Russia are established by labor legislation and regulations in the field of compulsory social insurance.

In accordance with current regulations length of maternity leave In general, it depends on two main factors:

• the complexity of the course of pregnancy and childbirth;
• the number of children born.

This pattern is shown in more detail in the following table.

How many days are paid on maternity leave?

In any of the above cases, the benefit is paid lump sum for the entire period of leave laid down by law.

1. Parents who adopt children under the age of 3 months also have the right to receive maternity allowance. Payments are made from the moment of adoption until the end of the relevant postpartum period- 70 calendar days from the date of birth of the child in general, or 110 days for the adoption of several children.
2. In addition, future parents of a child, when making a decree, must remember that it is possible to alternately combine sick leave for pregnancy and childbirth with annual paid leave. For this, annual leave is used before going on maternity leave(the most popular way) or after its completion.

Simultaneous granting two holidays from the point of view of labor law is unacceptable.

When is maternity pay paid: before childbirth or after?

According to the law "On State Benefits for Citizens with Children" dated May 19, 1995 No. 81-FZ, maternity payments are provided at the request of the mother of the child or a person replacing her, if the application was followed by them no later than six months from the end of the decree.

Thus, payment of maternity according to the law, it is carried out subject to its registration at the place of work or service within the following terms:

• before giving birth- at any time at the request of the employee after receiving a maternity sick leave at the antenatal clinic, which is issued at an obstetric period of 30 weeks of pregnancy (28 - with multiple births);
• after childbirth- at any time after the birth of a child with a sick leave, but no later than 6 months after the end of the period specified in it for exiting the decree.

After submitting an application to the employer, a decision is made within 10 days to grant maternity leave and maternity benefits. Finally maternity pay on the next day of the payroll at the enterprise.

Attention

From July 1, 2011 in some regions of the country participating in the pilot project "Direct Payouts", maternity payments are paid to the applicant directly from the budget of the Social Insurance Fund to the employee's bank account or through the Russian Post office. In this case, the money is credited no later than the 26th month following the month in which the application was submitted to the FSS.

To apply for maternity leave and assign maternity benefits (M&R), a woman must submit the relevant documents to the employer's accounting department:

1. Certificate of incapacity for work (sick leave) for pregnancy and childbirth.
2. An application for a leave of absence.
3. Certificates from the previous place of work (if any):
   • on average income for the previous two full calendar years.
   • about periods of exceptions not included in the calculation of benefits.

How long must maternity leave be paid?

1. The payable amount of benefits, calculated according to the established rules and appointed by the employer within ten days from the date of receipt of the original certificate of incapacity for work. Maternity payments are made at a time on pay day.
2. The accrued amount of benefits is compensated to the employer from the funds of the Social Insurance Fund (FSS), regardless of the form of ownership of the enterprise. In this case, the timing of receipt of funds to the account of the enterprise is established by the territorial bodies of the FSS.

The procedure for calculating the amount of maternity is quite simple to perform the necessary calculations yourself. This requires dividing the amount of wages for the previous two years (excluding the amount of sick leave payments received) by the number of days for the previous two full calendar years. Thus, an average daily wage is obtained, the multiplication of which by the established duration of maternity leave gives the amount of the insurance benefit payable.

Attention

The length of service does not affect the right to receive leave and maternity benefits. However, if the period of a woman’s official labor activity does not exceed 6 months, maternity pay is paid based on the established minimum wage - 7500 rubles for 1 month from July 1, 2016

Payment of maternity leave to the unemployed in 2016

For some categories of non-working women, pregnancy and childbirth benefits in accordance with the law of May 19, 1995 No. 81-FZ may not be provided in the form described above compulsory social insurance in proportion to average earnings, and in the form fixed payment compensated from the federal budget:

• women receiving vocational education in educational institutions of various levels (secondary, higher, additional professional) - the allowance is assigned and paid at the place of study;
• women undergoing military service under a contract (or service equivalent to it in the internal affairs bodies, fire fighting service, penitentiary service, etc.) - benefits are provided at the place of service.

In these cases, maternity leave is granted in the form of sick leave within the same terms, however, its payment is made, respectively, in the amount of a stipend or monetary allowance.

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The need to correctly calculate which week they go on maternity leave exists for the employee and for the employer, happy with the unexpected news. A woman needs to understand from what day she can stop working in order to fully concentrate on the birth of a baby. The employer should prepare for a long absence of an employee in order to minimize the inevitable costs.

It is necessary to distribute the duties of the maternity worker among the remaining subordinates, or to take another person to the vacant place. Making the right decision requires knowing the exact start date for maternity leave.

Calculation rules

When calculating when employees go on maternity leave, it should be understood that such a term does not exist in the law. At the household level, a decree means the total period of absence of a woman from the workplace in connection with the upcoming and onset of motherhood. From the point of view of labor law, a “decree” consists of two holidays:

• the first - on pregnancy and childbirth (M&R);
• the second is childcare.

Part of the B&R vacation falls on the prenatal period. It starts 70 days before the expected birthday of the child. After the appearance of the baby, the woman finishes her maternity leave - the remaining 70 days. Full maternity leave is 140 days. Not working days, but calendar days are counted.

A 140-day maternity leave is given to an employee if the delivery was standard, without complications. The maternity leave of a woman in Russia is increasing (Article 255 of the Labor Code):

• when pregnant with more than one child - 84 days before birth / 110 days after the birth of the baby;
• in complicated pregnancy - 70 days before birth / 86 days after the birth of the baby.

The period of maternity leave depends on the place of residence of the mother. If the expectant mother is in a settlement with an unfavorable radioactive background (due to the accident at Mayak or Chernobyl), the prenatal part of the due leave will be 90 days.

The employer must be prepared that the employee not only wants to give birth to a child, but also to adopt someone else's child. Foster parents are also entitled to maternity leave. The decree is granted to women who adopt a baby not older than 2-3 months into the family.

The leave of the worker in BiR will begin on the day of adoption and end on the 70th day of the child's life. How long foster mothers go on maternity leave depends on how many days the baby turned on the date of official adoption. If a woman becomes a mother to two or more babies, maternity leave will end on the 110th day from the moment the babies were born.

Who calculates the "decree"

Obstetricians have established the average duration of pregnancy - 40 weeks (or 280 days). From what week future mothers go on maternity leave is clear from the content of the law. The 70 days of prenatal leave due to a woman form exactly 10 weeks. A simple subtraction shows: an employee has the right to go on maternity leave from the 30th week of pregnancy.

Mathematics will tell you how many months they go on maternity leave: 280 days of pregnancy - 70 days of leave for BiR \u003d 210 days. Dividing the resulting number by 30, it turns out: the vacation will come 7 months after the start of pregnancy.

The obstetrician-gynecologist will take care of the calculations of the first day of the decree, the employer does not need to calculate anything. First, doctors set the date of pregnancy. How long women go on maternity leave depends on how it is determined. According to medical rules, the doctor fixes the date of the onset of pregnancy, using:

• or obstetric period - from the last female cycle;
• or gestational age - according to the results of the ultrasound.

The difference is 2 weeks. The gestational period begins to flow with a 14-day "lateness". It is beneficial for full-time employees who want to work longer. Women whose pregnancy is not easy, and they want to go on maternity leave early, are in a hurry to take advantage of the obstetric period.

280 days are counted from the beginning of pregnancy. The resulting date is the estimated birthday of the baby. 10 weeks before the birth of a pregnant employee, the doctor opens a sick leave. Previously, a woman presents a civil passport, policy, SNILS to the gynecologist. Sick leave is issued for the entire period of vacation. It should be extended only in unforeseen cases.

How to go on maternity leave

How long they go on maternity leave, the law clearly defines. Its beginning depends on the doctor, not on the employer. The last one will have to let the employee go, paying the money due: allowance, salary for hours worked, etc. To issue a decree from employees, certain steps will be required.

When employees go on maternity leave, they need to:

• at the 30th week, visit a gynecologist and open a sick leave (for multiple pregnancy - the 28th week);
• write an application addressed to the head of the organization for the granting of leave for B&R for a period determined by the doctor, attaching to it:
  1. sick leave;
  2. a certificate from the antenatal clinic on timely registration;
  3. a copy of the passport of a Russian citizen;
  4. bank account details for transferring benefits;
• include in the application for leave the requirement to accrue benefits;
• sign the order, indicating in the document the start date of the decree.

If a woman needs to leave ahead of schedule, she has the right to first use the usual vacation - to take it off before the start of the decree. Or you can take unused annual leave at the end of the 140-day period.

Sometimes women cannot or do not want to go on maternity leave on time. Especially when pregnant workers are forced to take care of themselves and the child alone. In such situations, the question often arises: is it possible to go on maternity leave later? Workers have the right to "late" maternity leave. If they go to the consultation, the hospital doctor will still issue strictly 70 (84) days before the expected birth. But a woman who wants to work does not submit a document to the accounting department until she decides to temporarily leave her job. The employee continues to work, receiving a salary, and after passing the sick leave, she will begin to receive benefits.

You can go on maternity leave later and in a different way: the employee draws up a vacation on time, on the 30th week, and for the time actually worked (after taking sick leave), the employer writes out a bonus.

Legislation reliably protects the interests of future mothers from the arbitrariness of the authorities. Doctors, not employers, send women on vacation. Managers cannot prevent the undesirable departure of an employee on maternity leave.