At what time do they go on maternity leave. Refusal to grant leave: what to do? Decree sick leave

You are a highly qualified specialist and an irreplaceable employee. But very soon you will have to try on a new role - a caring mother. Let's talk about how long you can devote yourself entirely and how much you are supposed to enjoy the joy of motherhood without being distracted by the boss's calls.

When is it time for maternity leave?

In Ukraine in maternity leave women are leaving. The Labor Code of Ukraine (the Labor Code of Ukraine) contains the following exact wording: “for 70 calendar days before giving birth". Translating this time period by , it turns out that we are talking It's about the 30th week.

Of course, no one knows the exact date in advance, so we assume that this day will be the one predicted by the doctor in the medical report.

How long does a decree last in Ukraine?

According to Art. 179 of the Labor Code of Ukraine (KZpP of Ukraine), maternity leave is set for:

The period of leave after childbirth can be extended up to 70 days:

In November 1917, the Council of People's Commissars of the RSFSR adopted the Decree "On benefits for pregnancy and childbirth." Since then, the period when a woman is preparing for motherhood and caring for a newborn has been popularly called maternity leave, or decree.

From a legal point of view, the decree is divided into:

Maternity leave (only the expectant mother can take).
Parental leave (may be taken by dad or, for example, grandmother).

Both are provided and paid only if the work is official and the employer makes contributions to the Social Security Fund.

During maternity leave, a woman retains her place of work.

How long is maternity leave?

The expectant mother needs to prepare for childbirth, and caring for a newborn requires a lot of time and effort. As a measure social support The state guarantees working women the right to maternity leave (M&R).

Maternity leave consists of prenatal and postpartum period. The expected date of delivery is set by the gynecologist. The doctor also writes out sick leave for pregnancy and childbirth.

Usually they go on maternity leave on the 30th week, and the corresponding vacation is 140 days.

In some cases, a woman may go on maternity leave earlier, then its duration will be longer.

When adopting or adopting a woman, only the postpartum part of the B&R leave is provided - 70 days for one child and 110 for two or more.

To extend the postpartum part of the B&R leave, you need to apply for another sick leave and write an application to the employer.

Can maternity leave be extended further?

You can add a regular vacation to the BiR vacation. According to Article 260 of the Labor Code of the Russian Federation, planned leave can be taken:

before going on maternity leave (up to 30 weeks of pregnancy);
after the end of the B&R vacation (after 140 days);
after the end of parental leave.

At the same time, it does not matter whether the woman worked in the organization for six months and on what date she was put in the vacation schedule.

How to take maternity leave?

To go on maternity leave, you need to write an application addressed to the director.

In the header of the application, you should indicate the full name. and the position of the head, as well as the name of the addressee. The text should include a request to provide leave for BiR (with dates on the basis of sick leave) and accrue due allowances. At the end - a signature with a transcript and a date. A certificate of incapacity for work must be attached to the document.

Based on the application, the organization issues an order to grant maternity leave. The woman gets acquainted with him under the signature. And within 10 days, maternity pay is accrued to her.

How is maternity leave paid?

Going on maternity leave, a woman receives an appropriate allowance.

The maternity allowance is paid at a time and in total for all vacation days.

The maternity allowance (PPBiR) is 100% of the average earnings for the two years preceding the decree. It is calculated according to the following formula:

PPBiR \u003d income for 2 years before the decree / 730 or 731 days × number of days of the decree.

Wherein average earnings should not exceed the maximum established by law: in 2015 this amount was 670,000 rubles, in 2016 - 718,000 rubles. In addition, the total number of days in a two-year period excludes sick days, vacations at own expense, time off and other periods in which the employee did not accrue insurance premiums.

You can calculate your maternity benefit using the calculator on the website of the Social Insurance Fund. Since maternity leave is accrued on the basis of sick leave, the calculation is carried out as for paying a sick leave.

What other payments and benefits are due to mothers?

In addition to maternity, a woman has the right to count on several more benefits (plus maternal capital at the birth of a second child and subsequent).

Allowance for registration in early dates- 613 rubles (as of February 2017). It is paid together with the B&D benefit if the woman went to the doctor before 12 weeks of pregnancy and wrote a corresponding application to the employer.
Benefit at the birth of a child - 16,350 rubles (as of February 2017). Paid as a lump sum to one of the parents. If the mother draws up, she must write an application, attach the birth certificate of the child and a certificate that the father did not use the allowance.
Allowance for caring for a child up to one and a half years in the amount of 40% of average earnings.

Who can take parental leave?

At the end of the BiR vacation, a woman can take parental leave or. In the latter case, parental leave can be issued by the father, grandmother or other relative who will sit with the baby. They may receive benefits.

Parental leave can last until the child is 3 years old, but only the first 1.5 years are paid.

In the period from 1.5 to 3 years, a monthly compensation is paid - 50 rubles.

The algorithm for calculating child care allowance (PCB) is approximately the following:

PTSD = income 2 years before the decree / 730 or 731 days × 30.4 × 40%.

In this case, the same restrictions apply as when calculating the B&D allowance.

You can apply for child care allowance within 6 months from the moment when the child is one and a half years old. The right to it is preserved, even if you go to work part-time or take.

How to take parental leave?

In order to go on maternity leave and receive the appropriate allowance, you need to write an application to the employer and attach to it:

birth (adoption) certificate of the child;
a certificate stating that the other parent or neither parent is receiving PTSD;
certificate of income from the previous place of work (if it has changed in the last two years);
a certificate from the place of work part-time that no PTSD was accrued there (if the employee is a part-time worker).

Can a woman be fired on maternity leave?

According to article 261 of the Labor Code of the Russian Federation, the employer cannot terminate employment contract with a pregnant woman and a woman on maternity leave.

A woman on a decree cannot be fired, even if the employment relationship was temporary: a fixed-term employment contract is extended until the end of the BiR vacation.

An exception is the liquidation of an organization. But even if the company fails, the mother will be able to receive the benefits due to her through the social security authorities.

For officially employed women of childbearing age, knowledge of the law regarding the provision of maternity leave is relevant. It is important to know that all issues related to maternity and successive leaves, before the smallest details regulated labor law and in this part there can be no willfulness of the management, refusal to grant leave, attempts to dismiss a woman instead of granting her leave, or a delay in obtaining it. You need to know the main thing: the legislation for 2018 provides for 140 days of maternity leave.

This general term is divided into two equal parts - 70 days before delivery, and 70 days after delivery. As a rule, maternity leave can take place in the seventh month or the eighth month of pregnancy. How long the maternity leave will take will depend on how many children the employee is pregnant with. If one, then this is the 30th week of pregnancy, if two or more, then this is the 28th week.

WITH legal point vision, pregnancy leave is sick leave, provided on the basis of the conclusion of a physician who monitors the course of pregnancy.

At the same time, Article 255 of the Labor Code of the Russian Federation, which is relevant for 2018, obliges the employer to provide maternity leave only at the request of the woman. Accordingly, no one can oblige a woman to demand the granting of such leave to her, if she does not want to. In the end, instead of maternity leave, a woman can demand that she be granted annual paid leave, during which she can give birth, if necessary, receive sick leave, and start working on its closure, entrusting the child to the father or nanny.

In cases where a woman needs to be granted maternity leave, she must provide the management of the enterprise where she is employed with a relevant application, confirmed by a certificate from an obstetrician or gynecologist.

In accordance with the labor legislation of our state, you can go on maternity leave at the 30th week of pregnancy. The state divides it into two parts:

the first term is stipulated in 70 days, immediately before delivery;
the second term is stipulated in 70 days, directly after childbirth.

That is, you can plan a maternity leave starting from the 30th week of pregnancy (in the eighth month).

If, upon the onset of pregnancy, it was found out that the fair sex was pregnant with several fetuses, then she will be granted sick leave (pregnancy leave) for a longer period, which will consist of the following parts:

such maternity leave begins on the 28th week (at the 7th month), and is divided into two parts;
the first term consists of 84 days, which are given before childbirth;
the second term consists of 110 days, which are provided after delivery.

The total number of days is 194.

Postnatal leave for complicated childbirth

In cases of complicated childbirth of any etiology, as a result of which a woman needs more time to recover, the legislation Russian Federation extended periods of postpartum leave.

So, in the case of complicated childbirth, requiring a longer period of rehabilitation, in addition to 70 days of postpartum leave, another 16 days are added. That is, the period of maternity leave guaranteed by the state for health reasons can be 86 days. If it takes a longer period to restore health, then further treatment issued by sick leave.

Prenatal leave for multiple pregnancies

In case of occurrence multiple pregnancy A woman acquires the right to go on prenatal leave from the 28th week of pregnancy. That is, as in the case of complicated childbirth, 14 calendar days are added to the vacation.

In those infrequent cases when a woman, for whatever reason, is not registered at the clinic, she may demand prenatal leave on a general basis. To do this, she needs to see a doctor, get a certificate of pregnancy and write an application for leave to the employer.

The doctor to whom she applies will be obliged to open the medical card of the pregnant woman, and provide her with a document confirming which month of pregnancy the woman is in, and issue an appropriate sick leave.

Leave procedure

The labor law that governs this question in 2018 has not changed. The procedure for obtaining prenatal and postnatal leave will be discussed below.

For such a procedure, there is a special algorithm, adhering to which, a woman will do everything legally, and there will be no claims against her from the employer.

The procedure for issuing sick leave for childbirth will be as follows:

After a woman understands that she is pregnant, in the first month she needs to go to the clinic and register, where a special card will be entered for her, and she will begin to be observed by a gynecologist. It is this specialist who will subsequently set the period after which she can go on maternity leave. That is, it will be installed exact date sick leave.

On necessary time the attending physician informs the woman that she can already go on sick leave after the birth of a child, and writes out a special leaflet that the pregnant employee must submit to the administration of the enterprise.

After providing the sick leave, the accounting department and the personnel department must draw up the relevant documents, as well as carry out the necessary calculations of the mandatory payments that will be due to the employee.

On the last day of work, an order is issued indicating the date from which the employee leaves for sick leave, and when she must begin to perform her work duties, that is, it is calculated how long she will be absent.

As you can see, there is nothing complicated about this. Some women, having a calendar at hand, and knowing what month of pregnancy they are in, can independently calculate how long they can count on a well-deserved rest. During such a holiday, women receive full immunity from the law.

Most big question, who is interested in employees whether they can be reduced or transferred to another place of work during the prescribed maternity leave in 2018.

It is definitely impossible to reduce a woman, while according to the calendar, she is on sick leave for childbirth, but it is possible to transfer her to another place of work or position, but this will require the written consent of the employee. Even if it is written under pressure from the employer, it can be considered illegal.

By legal nature, when an employee goes to the hospital, she is actually on sick leave, and it is prohibited to fire, reduce, or transfer employees who are being treated. Employers know about this, so they do not risk doing such manipulations. They can persuade an employee to write a letter of resignation on own will.

In cases where such actions on the part of the administration have taken place, it is necessary to contact the prosecutor's office or the labor protection authority with a statement. After some time, the rights of the employee will be restored in full.

It is important to know that an employer cannot force an employee who is going on maternity leave to write a letter of resignation of her own free will. This is strictly prohibited by law, while such violations are subject not only to financial liability, but also to criminal liability.

Employees who decide to become mothers can count on maternity leave in the form of a vacation for a period of 140 days. For those who are going to give birth to twins or triplets or have experienced some complications during childbirth, the duration of such rest is increased. Such terms are clearly regulated by the current legislation and are protected in the prescribed manner, starting from the labor protection inspection and ending with the court.

Accountant on the nuances of registration: video

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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 seniority 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 to next vacation: for child care.

You can stay in it until the child reaches 3 years, during which you will keep your workplace, however child benefit in the amount of 40% of the monthly maternity allowance 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.). Indeed, in countries 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.

Legislatively no exact date , 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 a part-time job (although in this case wage decreases proportionally).

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 not a large number of free time, 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.

Everyone has heard about the "maternity leave" given to a woman due to pregnancy and. However, this term is not entirely correct, but it is so firmly entrenched in everyday life that it is difficult to imagine another name for this vacation.

information Term "maternity leave" arose after a decree was issued in 1918, securing the right of a woman to parental leave. Now it should be called "maternity leave".

It must be emphasized that in general in the Russian Federation Labor Code differ two types of holidays associated with the birth of children:

on pregnancy and childbirth;
caring for a child under 3 years of age.

Wherein decree most often the first of them is called.

Unlike sick leave for pregnancy and childbirth(BiR), the right to issue parental leave up to 3 years, not only the mother has, but also the father and other family members who, being employed, plan to take care of the baby. For example, a grandmother, grandfather or any other relative of the baby, as well as his guardian, can go on vacation.

For the entire period of absence from work, the mother of the baby retains her workplace and position. Besides, given period is counted not only in the work experience in the specialty, but also in the continuous work experience.

Registration procedure

Officially the decree is issued at the place of work, as well as annual paid leave. The relevant documents are provided to the personnel department by the mother after the issuance of her sick leave (usually on or later, with -), and by other family members after. Within 10 days, the management of the company must complete the calculation of all benefits to be assigned, and issue an order to grant leave.

important Making a decree for one child is accompanied, as a rule, by filing an application for receiving child benefits.

They can only be received by a relative of the child who goes on maternity leave. He also retains the right to work part-time or part-time at the place of his employment. In this case, the right to receive benefits is not lost.

Required documents

To apply for maternity leave, the employee must submit the following documents to the employer:

statement, which can be written in any form;
sick leave issued by a gynecologist, which indicates the gestational age, the features of the course of the birth and the expected date of birth (only for the mother);
copy of birth certificate baby or all children in case of multiple births;
certificate, confirming that the second parent did not go on maternity leave at the place of work and does not apply for the allowance assigned in connection with this (or the document that confirms the unemployment of one or both parents).

Decree terms

Maternity leave is normally 140 days(70 days before delivery and 70 after). If , then the second part of the vacation is 110 days instead of 70. If there were complicated births, then the second part will be 86 days instead of 70.

additionally Parental leave can last up to 3 years, but this period is not strictly established. You can go to work earlier - at any time convenient for parents.

If the mother wants to go to work earlier than expected, then she has every right to do so. She only needs to write a statement about early exit in the name of the chief, indicating the date of the expected return. At the same time, she can start working on a part-time basis or a shortened working week.

To extend the holidays there are also a number of possibilities. In particular, you can:

take unused annual paid leave before childbirth;
go on unpaid leave without pay.

Benefits Paid

As already noted, for the entire period of the decree, child benefits are paid in the form compulsory social insurance(for employees) or state social security (for unemployed). In particular, in 2015 the federal budget paid the following types maternity payments:

a one-time allowance when registering with a antenatal clinic in the early stages of pregnancy (up to) - 543.67 rubles;
lump-sum payment at the birth of a child - 14497.80 rubles;
(only for employees) - in the amount 100% average earnings for each day of the period of disability on sick leave.

important Keep in mind that social security benefits are paid at work or directly to territorial body FSS. Those who are not subject to compulsory social insurance in case of temporary disability and in connection with motherhood (including those who are not working) receive child benefits in the social security authorities.

In addition, the parents of the baby, regardless of their social status appointed allowance for child care up to 1.5 years, which can be issued not only to the mother, but also to another family member. This allowance for employees is calculated on the basis of 40% of average monthly earnings for the previous two years. Non-working citizens benefit is paid in minimum size - 2718.35 rubles for the first child and 5436.67 rubles- on the second and subsequent.

The law establishes both minimum and maximum amounts, which the family can count on at the birth of an heir:

maternity allowance in 2015 140 days cannot be 228 602,74 rubles.
maximum amount monthly payments care for a child up to 1.5 years old is set at the level 19855.78 rubles.

Lump sum payments upon registration with a gynecologist in the early stages and at the birth of a child, as a rule, are issued and received at the same time as the care allowance up to 1.5 years.

Read more about payments to families with children in Russia on the pages of the site "Expert Manual", as well as in the thematic group