Registration of maternity leave and due payments. Maternity leave under the new law

Many will agree with the idea that pregnancy is not a disease, so today, most expectant mothers lead an active lifestyle, as well as perform their duties at the workplace. In the second half of pregnancy, even the most progressive expectant mothers need peace and rest to gather strength and prepare for childbirth. The right to leave in connection with pregnancy and childbirth is enshrined in the Labor Code of the Russian Federation. That is why women are concerned about the question of how many weeks they go on maternity leave?

The same question is asked by colleagues and the employer, because the absence of an employee will affect the productivity of the team and the amount of work performed. How much work you need to work to go on maternity leave, what papers should be prepared for the expectant mother, whether she is entitled to various benefits and privileges - to answer all these questions, you need to consult an experienced lawyer in the labor relations industry.

A qualified specialist will effective recommendations, will tell you how long they go on maternity leave, as well as how to carry out the care procedure as quickly and legally competently as possible.

Legal support can be ordered from any commercial company providing legal services in 2016 in the Russian Federation. However, Russians increasingly prefer alternative– consultations of lawyers online.

Duration and execution of the decree in 2016

The decree can be divided into two parts - prenatal and after the birth of the baby. In an effort to find out which week they go on maternity leave, it should be understood that the duration of the rest depends on the number external factors. So, if the pregnancy is normal, and the birth is successful, then mommy will have 140 days to rest. At the same time, a well-deserved rest should take place at 30 weeks of pregnancy. If the birth was difficult or if C-section, then another 16 days of vacation are added to the standard 140 days, which must be devoted to recovery. The gynecologist who leads the woman and provides consultations should calculate the exit period.

If the pregnancy is multiple, then the woman has the right to extend the leave. According to the rules of 2016, she will be able to go on vacation and prepare for childbirth at 28 weeks, and the decree period will be 194 days. Following the decree, without a break, leave to care for the child follows. It lasts 18 months.

When they go on maternity leave, it is important to properly prepare complete list documents for the employer. The standard list of papers includes:

sick leave from the antenatal clinic;
general identity card;
statement;
income statement;
statement of the number and state of the bank account.

Documents must be submitted at the place of employment. If a woman does not officially work, then papers should be drawn up in territorial bodies social protection and provision.

It is worth noting that according to the standards of 2016, a woman has the right to leave the decree, regardless of how much she had to work in this place.

It is important to know that according to the standards of 2016, an employer does not have the right to fire a woman on maternity leave. The law also prohibits reducing her wages or transferring her to another position. Workplace for a pregnant woman is kept for the entire period of maternity leave. She is not required to work any time on maternity leave, nor is she required to work weekends, nights or overtime.

When calculating how many weeks go on maternity leave, you need to understand that there is a way to start your vacation ahead of schedule. A pregnant woman can take her annual paid leave, which later turns into maternity leave, or use this right after giving birth.

This right is enshrined in Article 260 Labor Code RF in 2016. Not only mothers can relax during the decree period. By law, the child's father can take an extraordinary vacation period, which will coincide with the spouse's decree.

There are women who feel good during pregnancy and do not want to leave the workplace, preferring to work out the required working hours. It is worth noting that such self-sacrifice will not affect the duration of the decree or benefits.

In 2016, all women on maternity leave can count on material support from the side of the state.

There are three types of benefits that women receive while they are expecting a baby:

Benefit for pregnancy and childbirth. It is issued based on the calculation of the number of vacation days and the amount of the average monthly wages. Minimum size payments in the current year is 5500 rubles.
One-time allowance for the birth of a child. The amount is paid once, through time after birth. The amount of financial assistance is about 15,000 rubles.
Monthly payments for child care up to 18 months. The allowance is 40% of the mother's average salary for the last two years. The number of children in the family also affects the amount of payments.

You need to draw up documents for cash benefits from the state at the Federal Service for Social Protection of the Population at the place of permanent or temporary registration.

Among working women who are planning to become mothers in the near future, the question of how long they go on maternity leave is being actively discussed.

Expectant mothers are concerned about the timing of maternity leave, material nature, in particular, what payments they will receive, their size and who pays who.

In this article, we will focus on the following questions:

What time do women go on maternity leave?
How can I go on maternity leave before or after the due date?
How is the registration of the term of care on maternity leave

When working women go on maternity leave

If we consider the concept of a decree in Russia in a broad sense, then it means the time the future mother is on recent months pregnancy and the period of caring for a baby and young preschool age. If we interpret maternity leave narrowly, then the decree is the absence of a working woman at her workplace due to the expectation and birth of a baby. Most often it happens that when the decree goes away, a well-organized workflow undergoes some changes.

Employers do not “like” maternity leave too much, because in connection with it, the employee is not at the workplace, and sometimes this causes downtime in a certain area of work duties. Members of the team are afraid of the decree of the expectant mother, since there is a high probability that the duties of the employee leaving on the decree will be assigned to them. Or a stranger will be accepted into an established well-coordinated team for the period of the decree.

In order to reduce possible inconveniences to a minimum, it is necessary to clearly determine how many weeks they go on maternity leave in order to notify the director of the enterprise in advance.

How long (how many weeks) do they go on maternity leave

For those women who are employed, the decree originates from maternity leave. At the legislative level, a number of average terms were established, after which a pregnant woman ends her career and goes on vacation for a well-deserved rest, waiting for the birth of a long-awaited child.

Let's figure out when they go on maternity leave, and consider the most topical issues for women planning to become mothers.

How many weeks (months) do you go on maternity leave most often? If there are no certain features in a woman’s life (in most cases, they are related to the unfavorable environmental situation of the place of work or residence) or problems associated with bearing a baby, then a woman goes on maternity leave at 30 weeks. It's about seven month pregnancy. Vacation is 140 days, of which 70 days are for the prenatal period, and another 70 for the period after the birth of the baby.
How long will maternity leave be extended if the birth was difficult? In this case, another 16 days are added to 140 days of maternity leave in order for the woman to recover and gain strength.
From what week do they go on maternity leave if a woman is expecting two or three babies, that is, more than one child? In such situations future mom the right to go on maternity leave 2 weeks earlier than the deadline, that is, at 28 weeks. A woman can be on vacation for 194 days. Of these, 84 days are allotted for the period before the birth of the baby, and 110 days is the period allotted for postpartum period. There are situations when already in the process of childbirth it turns out that there are several children. Then the woman will be legally granted an additional 54 days of vacation, which will be added to the 140 days of the standard decree.
If a working pregnant woman is concerned about the question of how many weeks they go on maternity leave due to the presence of life-threatening living conditions for the mother and baby, then in this article we will give a detailed answer on this issue. If a woman belongs to the category of citizens who work or live in areas with pollution due to accidents associated with the release of radiation into environment, then she has the legal right to go on maternity leave at 27 weeks.
These areas include:
- Production association "Mayak" and its adjacent territories.
- Zone of the Chernobyl nuclear power plant.
- The area of the Techa River, into which radioactive waste was dumped. Three additional weeks are added to the standard maternity leave due to the fact that for this category of pregnant women, the law established a 3-month period of maternity leave before the baby is born. So, women in this category, in addition to the 70 days of leave established by law after the birth of a child, receive an additional 90 days before childbirth, which in total is 160 days of maternity leave.
When does a woman go on maternity leave if there was a birth before the planned date? If a misfortune happened to a woman and she gave birth before the time they go on maternity leave in most cases, in particular from the 22nd to the 30th week of pregnancy, then from the moment the baby is born, maternity leave is issued for a period of 156 days.

Making maternity leave

Maternity leave, that is, maternity leave, is issued by a certificate of incapacity for work - sick leave. This provision is fixed in the following legal documents:

Section 8 of the Procedure for issuing sick leave certificates, which was approved by order of the Ministry of Health and Social Development of Russia dated 06/29/2011
If we turn to article 225 of the Labor Code of Russia dated December 30, 2001 No. 197-FZ, then there is also information on how maternity leave is issued

The sick leave will be issued by a gynecologist who observed the pregnant woman throughout the entire period, that is, by the doctor with whom the expectant mother is registered. If there was no such specialist, it will be issued by a family doctor. In the absence of a family doctor (a doctor with a general practice), the function of issuing a sick leave certificate for pregnancy and childbirth will be entrusted to the paramedic.

This document will be issued single and only once for the entire period of maternity leave. This means that after the birth of a baby, a woman will no longer need to issue additional disability certificates.

The expectant mother should know that only the doctor decides at what week of pregnancy she will be allowed to go on maternity leave. You should discuss with the doctor in advance what period he will use when issuing a sick leave. In most cases, the gynecologist in the antenatal clinic uses the obstetric term. There is also a gestational age - it is used by ultrasound doctors.

Please note that the gestational age is less than 14 days obstetric term, therefore, if a woman feels unwell and wants to go on vacation as soon as possible, then it is unprofitable for her to draw up given term. On the contrary, if the expectant mother is in a beautiful physical condition, is full of energy and wants to work longer, then it is more profitable for her to arrange a gestational period, instead of an obstetric one.

Pay attention to an interesting point that the doctor independently determines:

What time do they go on maternity leave
Pregnancy period in weeks

It is calculated from the day when the expectant mother was registered. Let's take a look at this good example: if the patient is registered in women's consultation on Wednesday, then maternity leave will begin on Wednesday. If a woman in position knows this nuance, then she can make a forecast of how many weeks maternity leave will begin and plan this situation in your own interest.

In accordance with Article 255 of the Labor Code, a woman who has issued and received a sick leave certificate is obliged to provide it to work, after which she writes an application for maternity leave and goes on maternity leave legally.

Is it possible to go on maternity leave earlier?

If a woman has special circumstances in life, she may wish to leave early on maternity leave. It may be related:

With the state of her health
The working atmosphere in which she is
Living conditions of life
Other circumstances forcing her to stop working before 30 weeks of pregnancy

If we turn to the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n, then it is indicated there specific deadline how many weeks they go on maternity leave. In other words, there are clearly marked terms when a woman receives a sick leave for pregnancy and childbirth from a gynecologist who observed her due period. There are no exceptions to the rule prescribed by law. But a pregnant woman must understand that she can go on vacation ahead of schedule.

Let's start with the fact that this is possible, according to labor law. In particular, Article 260 of the Labor Code gives a guarantee to a woman that she has the right to leave once a year, regardless of the schedule. The employer is obliged to provide the working woman due leave in the following situations:

Before an employee goes on maternity leave
Immediately after maternity leave ends
After maternity leave

It should be understood that the guarantee at the legislative level is in no way related to how long a woman has been working for a particular employer. To get the required vacation, you should work for six months, and if this period has not yet passed, this will not become an obstacle to obtaining vacation before you go on maternity leave.

There are situations when a woman has already managed to take her vacation, but there is still a decent period before going on maternity leave, and it is already difficult to work. The question arises, what to do in this case? We recommend that you contact the gynecologist who is monitoring and tell her about the difficulties.

You need to understand that the course of pregnancy largely intersects with the state of mind is the expectant mother. And sometimes her well-being directly depends on peace of mind and moral comfort.

For a baby to be born healthy, you need to eat well, avoid stressful situations and be in an environmentally safe area. If any of the listed factors is not met, or something threatens the health of the mother and baby, the pregnant woman has the right to undergo treatment in a hospital. In other words, she can be issued a sick leave for this time, and legally. And in this case, it will not be so important for the mother which week they go on maternity leave.

Can I go on maternity leave later?

Pregnant women pursue various goals by calculating which week they go on maternity leave. Many women, especially those who are not feeling well, tend to go on maternity leave early. But there are absolutely healthy and full of strength expectant mothers who are eager to earn more before the birth of the baby and complete all work - so they need to go on maternity leave later than the deadline. Let's see how likely such a development of events is?

If we turn to paragraph 3 of clause 46 of the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624-n, then there is a special clause there that in the case voluntary refusal future mother from the sick leave for pregnancy and childbirth provided to her, this refusal must be recorded in medical documents.

If the moment comes that a pregnant woman changes her mind and wants to get sick leave for pregnancy and childbirth, then she will need to visit the doctor again, but only before the baby is born (in the law this moment is indicated as follows: “before childbirth”).

A sick leave certificate can be obtained from the period from which it must be issued by law, so it will be issued retroactively (28, 27 or 30 weeks of pregnancy), and strictly for the time period set for a pregnant woman by law (194, 160, 140 ).

The phrase "before childbirth" is specially spelled out in the text of the order for a clear interpretation of the legislative norm.

So let's summarize this article:

A pregnant woman has the right to receive a sick leave certificate for pregnancy and childbirth only before the birth of a child. After the baby is born, the sick leave for pregnancy and childbirth will no longer be available. In the case when a pregnant woman will work until the very birth, without receiving a sick leave, then from the moment the baby is born, she will deal with the design of parental leave. With such a development of events, she will not be right, and after the birth of the child she will immediately receive childcare benefits. This option is suitable for the situation when a pregnant woman feels great and she has a high salary. Often in such situations, the sick leave payment is much less than the amount of earnings that a woman will receive by working for about two months before the moment of delivery.
In the event that a woman receives a sick leave later than the date of the decree established by law, it will still be issued on the very day on which the 27th, 28th or 30th week of pregnancy fell. In other words, it will be issued retroactively.
It should be understood that it is impossible to be immediately on vacation and carry out labor activities, that is, it will not work to receive both benefits and wages at the same time. And if a woman received a sick leave for pregnancy and childbirth and took it to work, then she will not be paid a salary, but a pregnancy and childbirth allowance will be issued. In such situations, the maximum that can be done is to try to come to an agreement with the employer so that for the period worked in excess of the norm, the salary will be issued as a bonus (as an option).

There are situations when the conversation is about a discrepancy of several days (for example, up to 14 days), then here a gynecologist observing a pregnant woman can meet halfway and make a calculation in favor of the latter.

Maternity leave includes the period of time before and after childbirth. This right of rest is enshrined in the legislation of the country for every woman.

Maternity leave - what is it?

The concept of "maternity leave" is found at the household level. In regulatory legal acts, the decree is referred to as maternity leave (a sick leave is issued) and leave to care for a baby (up to one and a half and three years of age).

A leaflet indicating disability is issued by a gynecologist at a certain stage of pregnancy. Sick leave and a statement from a pregnant woman are grounds for providing rest related to the birth of a baby.

Women are entitled to maternity allowance:

working;
full-time students;
performing civil or military service;
registered with the employment service for job search.

Employment at several enterprises (organizations) gives the right to leave and cash payments at each place of work.

Important: if no deductions were made to the FSS during work, then the allowance is not accrued.

How many weeks do they go on maternity leave?

The number of children born determines how long they go on maternity leave. When pregnant with one child, the sick leave is issued at the thirtieth week. When expecting more children, the period for going on vacation is reduced by a couple of weeks. In this case, the sick leave is issued on the 28th week.

Important: rest provided to a pregnant woman begins 90 days before the planned date of birth in case of living in a region with radiation contamination.

A disability certificate is issued for a period of:

70 days before the designated date of birth and the same amount after (at the birth of one child). In total - for 140 days.
84 days before the upcoming birth and 110 days after the birth of children (with multiple pregnancy). In total - for 194 days.
70 days before delivery and 86 days after (with birth complications). In total - for 156 calendar days.

The date of delivery is determined by the attending physician based on the results of the ultrasound. Delay or birth ahead of time are not grounds for reducing or increasing the time spent on vacation.

In case of complicated childbirth, stay on sick leave from above deadlines issued as a separate disability certificate. Additional leave is granted at the request of the mother.

When can you leave early?

Maternity leave starts from the 28th or 30th week of pregnancy, depending on the number of children being born.

Pregnancy is a serious burden on the body. For this reason, many pregnant women tend to go on vacation as early as possible. By law, the boundaries of maternity leave cannot be moved. The way out is:

Making a sick leave from a therapist. For example, if a woman feels unsatisfactory in herself ( high blood pressure, heart problems, etc.).
Registration of a certificate of incapacity for work by a gynecologist. In the event of a threat of termination of pregnancy, a woman is sent to a hospital, for the duration of her stay in which a sick leave is issued.
Taking annual paid leave. According to Art. 260 of the Labor Code of the Russian Federation, a woman has the right to use the privilege without even having worked for six months.
Caring for a sick child (on the basis of a sick leave). A woman has the right to be on sick leave to care for a child (up to 14 years).

Important: in the listed methods, maternity benefits will not be accrued. Sick leave (due to illness) is paid in the amount established by law.

When can you leave later?

According to the Order of the Ministry of Health and Social Development of the Russian Federation No. 624-n, clause 46, a pregnant woman has the right to continue working after the dates of maternity leave indicated in the labor legislation. In this case, the woman needs to write a statement with the desired date of leaving on maternity leave.

It should be noted that while continuing labor activity The employee will receive only wages. Benefits are not paid while working.

Important: Postpone the date of maternity leave does not increase the number of days of rest after the birth of the child. So, if a woman went on maternity leave at 35 weeks (singleton pregnancy), then it will end 70 days after the date of birth. Postpartum leave will not increase for 5 weeks worked. If a woman changes her mind, then she can take the required vacation on the dates indicated by law (from 27, 28 and 30 weeks).

How to apply for maternity leave?

The procedure for applying for maternity leave includes the following steps:

Appeal to the antenatal clinic (to the gynecologist) for a certificate of incapacity for work. With a single pregnancy - at the 30th week, with multiple pregnancy - at the 28th week.
Getting sick leave. The document is drawn up on a paper form of a special sample. Since 2017, electronic sick leave records have been introduced. If necessary, and the introduction of innovations in the clinic, a pregnant woman may ask to issue a document in electronic form.
Drafting an application for maternity leave. The paper is drawn up in any form personally by a pregnant woman. The document prescribes the date of release on the decree, as well as a request for the payment of benefits. The issued certificate of incapacity for work is indicated as the basis.
Providing additional documents necessary for the calculation of benefits.
Issuance of an order to go on maternity leave.
Signing of the order by the head.

After the prenatal and postnatal days of rest, the woman needs to go to work or write a new application, which indicates the request for leave to care for a child up to 1.5 years and the payment of benefits.

What documents are needed to apply for maternity leave?

Documentation is submitted in 2 stages:

Until the baby is born.
After the end of the vacation in BiR.

In the first case, it is required to provide the employer or the FSS (if the region provides such an opportunity) with the following papers:

Application for leave for BiR and payment maternity allowance.
Certificate of incapacity for work filled out by a gynecologist.
Certificate from gynecology on registration in the first trimester of pregnancy.
If necessary, a certificate of earnings 2 years before the decree. It is needed if the woman in labor has previously worked elsewhere.
Passport and its photocopy.
Bank account details. A certificate can be obtained at a bank branch without a preliminary application.

In the second case, you will need:

Application for leave until the child is one and a half years old and the payment of benefits.
Passport and its photocopy.
Metrics of the birth of the baby (or children) and a photocopy.
Certificate with bank details and account number for transferring benefits.
Salary document for the last 2 years.
Certificate of non-receipt of benefits by the father of the child.

Any member of the family (grandmother, father, grandfather, etc.) has the right to go on care leave. In this case, the allowance is calculated at the place of work of the family member providing care.

How to write an application for maternity leave?

The application is made personally by the pregnant woman. The document contains the following information:

The addressee (position, full name) is indicated in the upper right corner. Next, the position of the pregnant woman and full name are prescribed.
Name of the document: "Application".
The body text of the document. It indicates a request for a decree, payment of benefits (for BiR and a lump sum upon registration) and transfer Money to a checking account. Dates are indicated in accordance with the sick leave.
As applications, a certificate of incapacity for work and a certificate of registration up to 12 weeks are indicated.
In the left bottom corner put the date of the application.
There is a signature in the middle of the sheet and a transcript to the right.

An application for parental leave is processed in the same way. As attachments, the birth certificate of the child or children and a certificate of non-accrual and non-receipt of funds by the father of the child are indicated.

Based on the papers provided and the completed application, an order is issued to go on maternity leave by an employee of the personnel department or another person exercising the functions of personnel management.

Order for a woman to go on maternity leave

IN as soon as possible an order document is issued on the exit of the woman in labor on maternity leave. It contains the following information:

Name of the organization.
Order number.
Date of publication of the document
Main text. It prescribes consent to the provision of maternity leave and the payment of benefits. As grounds, the documents from the “Appendices” item in the application, as well as the application itself with the date of writing, are indicated.
The position of the head is indicated below, signed and decrypted.
Then a note is made "acquainted with the order." The signature of the pregnant woman is put, transcript and date of acquaintance.

The document is issued on a simple paper form in printed form. The signature is put by hand. Information is entered into the personal file of the employee.

Maternity leave - how long is it?

Duration is determined labor law(Article 255 of the Labor Code of the Russian Federation).

When expecting one baby, the period is 140 days: divided in half (70 before childbirth and 70 after).
With multiple pregnancy - 194 days: 84 days before the date of birth and 110 after.
With complications that arose during childbirth - 156 days: 70 days before childbirth and 86 after.
When living in a radioactively contaminated region - 160 days: 90 days before delivery and 70 after.

The sick leave shall indicate the start and end date of the leave.

How is maternity leave paid?

Maternity leave is paid in full for the entire period in accordance with the sick leave. The amount is transferred to the current account indicated by the employee in the application, at a time before the birth.

Peculiarities:

The amount depends on the amount of time worked until the moment when the delivery is scheduled. When calculating, the previous 2 years are taken into account. If a woman has worked for an employer for less than 2 years, then she has the right to provide a salary certificate with previous place work to calculate benefits. If a woman has not worked for some time, then the minimum wage is taken into account when calculating. From July 1, 2017, it is equal to 7800 rubles.
Sick leave for pregnancy and childbirth is paid in the amount of 100% of the average monthly salary.
The maximum payments of maternity allowance have their limits (with a vacation of 140 days, the payment will be 265,827 rubles, with a vacation of 156 days - 296,207 rubles, with a vacation of 194 days - 368,361 rubles).
The minimum allowance is 34,473 rubles for a singleton pregnancy.
A certificate of incapacity for work must be submitted no later than six months from the end of the maternity leave. Otherwise, funds not received on time are collected only in judicial order for valid reasons.

The following information is required to calculate the allowance:

Salary for 2 years. For example, if a woman in labor goes on maternity leave in 2017, then 2016 and 2015 are used for the calculation.
The number of days in 2 years is 731.
The number of days that are not taken into account when deducting to the social insurance fund (sick leave, maternity leave, care leave, etc.).
Number of days of maternity leave. The value is indicated in the disability certificate.

For example, wages for 2 years amounted to 500 thousand rubles. The number of days not taken into account in the calculation is 100. The sick leave is issued for 140 days. Let's do the calculations:

731 days - 100 days = 631 days (the amount that will be needed to calculate the benefit);
500 thousand rubles: 631 days = 792 rubles ( average earnings in a day);
792 rubles * 140 days = 110,935 rubles (benefits).

At the end of the B&R vacation, a woman needs to write an application for leave to care for the baby and pay monthly allowance. The amount of the monthly allowance is equal to 0.4 of a woman's average earnings. Such material aid provided for 1.5 years (from the date of birth). Regardless of the amount of time worked, 40% is always used for calculation. Benefit amount = average earnings per month * 40%.

You can calculate two types of benefits using an online calculator on various sites on the Internet. Payments are made monthly on the day of issuance of wages or advances. The benefit is initially paid out of the employer's funds. After submitting the documents, the amount is returned to him by the social insurance fund.

What benefits for pregnancy and childbirth can I count on?

A woman in labor is entitled to the following financial assistance:

Decree allowance. It equals full size average earnings per month. Paid before childbirth.
One-time payment for registration in the first trimester. Payment is made in the presence of a certificate issued by a gynecologist. Its size in 2017 is 613 rubles.
Lump sum payment from the federal budget. In 2017, it is equal to 16350 rubles. The specified amount is paid for each born baby. So, if twins were born, then the amount of the allowance will be 2 times more. If a woman lives in the northern region, then the payment is increased by a certain coefficient set by the local authorities.

After the end of the period allotted for prenatal and postnatal rest, a woman has the right to issue payments for child care. They are 0.4 of the average earnings per month. In the period from the age of one and a half years to the age of three years of the child, the employee has the right to receive monthly payments in the amount of 50 rubles.

How to avoid fraud by the employer - legal advice

Guarantees provided by law for a pregnant woman:

Cash payments from the FSS. It will be possible to receive a payment only if the employer made contributions to the FSS. Therefore, before employment, it is necessary to clarify this information.
The employer does not have the right to dismiss a woman who is raising a baby under 3 years old, caring for a disabled child until the age of majority, a single mother, if the child is under 14 years old.
If an employment relationship has been concluded with the employee for certain period time, the contract is extended if there is a certificate from the gynecology about the presence of pregnancy.
For the entire period of vacations associated with the birth and care of the baby, the woman retains her position and workplace.
A woman has the right to start work at any time. The possibility of going back on parental leave is also preserved.
When submitting the documents required for the calculation of benefits, it is advisable to issue a receipt or otherwise fix the transfer. In case of loss of documentation, one can easily prove one's correctness and reimbursement of expenses incurred.
If the documentation is provided and the manual is due date not received on the current account, then it is necessary to write an application to the address of the employer. If there is no response, then the woman has the right to apply to the labor inspectorate or immediately to the court. In court, she can recover the allowance itself, compensation and non-pecuniary damage.

FAQ

Going on maternity leave raises a number of questions for a pregnant woman. Let's consider the most common.

Is maternity leave included in the length of service when calculating a pension?

Prenatal and postpartum periods can be divided into 3 components:

Sick leave time.
Vacation until the baby is one and a half years old.
Leave until the child is 3 years old.

In general seniority includes the entire period from prenatal to the third year of the child. When calculating the pension, only B&R leave is taken into account until the child is one and a half years old.

When is leave due after maternity leave?

Leave is due before childbirth or after the end of the disability certificate for BiR. Rest days are provided even if 6 months have not been worked. Vacation can be taken for all the years in which the woman did not rest.

Annual leave is granted in accordance with the priority and wishes of employees. A woman has a preferential right to rest with a child in the summer.

Can I receive benefits and work?

Returning to work stops payments. If the employee is employed part-time, then she can receive a salary and benefits at the same time.

The decree includes prenatal and postnatal periods. A woman is entitled to a number of payments, both monthly and lump-sum.

Only after learning about their situation, women begin to plan their time in such a way as to have time for everything before childbirth. The question immediately arises: when do they go on maternity leave?

Basic provisions

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In order to consider going on maternity leave, it is very important to understand what it is.

It is customary to call a decree the time when a woman is released from work and receives benefits, while she herself takes care of a child at home.

At the same time, not everyone understands that the “decree” itself is divided into vacation:

on pregnancy and childbirth;
for child care.

With twins

With twins, maternity leave occurs at standard times, while the duration of the leave increases and amounts to 110 days after childbirth.

How to calculate?

The duration of the vacation and the date of release are calculated in accordance with medical indications. The release date begins with the registration of the pregnant woman. As a rule, this happens at 12-13 weeks of pregnancy and the doctor begins to observe the young mother.

It is also important to note that if a woman in labor did not come to the department to draw up a decree on the 30th week, then the document will be issued retroactively, that is, on the date that fell exactly on the 30th week (or 28th week if the pregnancy is multiple).

Cash from the employer during this period is not paid, only maternity leave.

Which will be received by a woman on vacation, you can, knowing her average earnings over the past two years. This will be what you can count on during the decree.

Is there an internship?

According to the law, the maximum period of maternity leave for a woman can be no more than 4.5 years. Ministry of Health Russian Federation adopted Order 91 in 2007.

It is about social insurance for pregnancy. the period of maternity leave is counted in the seniority of the pregnant woman.

Vacation duration

The law, in addition to the usual pre- and postnatal leave, allocates leave for the adoption of a newborn child, which is two months from the birth of the child.

When adopting several children, a woman receives the right to a vacation of 110 days.

Postpartum leave also has its own nuances that are associated with the course labor activity Mom:

Ordinary childbirth - two months.
Complications - three months.
Birth of twins - four months.
Birth before the appointed time - five months and one week.
The birth of a dead child is three months.

It is important to know that during this period of time a woman cannot be called to work for any reason, much less fired. The employer has no such right.

Registration procedure

So, after the onset of the 30th week of pregnancy, it's time to think about rest and preserving the strength and nerves of the expectant mother.

This week, you must definitely go to the hospital to take a sick leave from the attending gynecologist who is pregnant. If he is on vacation, a paramedic can issue a certificate.

Already after the birth of a child, you need to deal with the design of parental leave, for which the woman will receive vacation pay. This leave is valid until the child is three years old.

The procedure for completing documentation for obtaining maternity leave is as follows:

Get help from a medical institution.
Apply to the employer for maternity leave, provide a certificate from the hospital.

The following documents are also required to apply for leave:

passport and TIN;
bank account number for receiving benefits;
notification of income for the last two years before pregnancy;
certificate of registration in the LCD.

When applying for parental leave, add to your list of documents the birth certificate of the baby, as well as a new application.

Benefit payment

The minimum allowance under the decree is 7,500 rubles for 2019, the maximum amount that can be received is 248,164 thousand rubles, which depends on the insurance base for 2019-2016.

It is worth considering in more detail all types of funds that the mother of the baby can receive:

Childbirth allowance - the payment is made once, divided into parts. Its size is 15512 thousand rubles as of February 1, 2019.
The allowance added to maternity payments is paid if the woman in labor was registered earlier than at the 12th week of pregnancy and amounts to 581 rubles.
– calculated as 100% of the average fees for the last two years.
Child care allowance - is issued when the baby is one and a half years old and is paid for a period of up to 3 years. The amount that is due to be received is slightly less than half of the average income over the past two years, that is, from maternity payments.

The minimum amount that a young mother can receive is 5817 rubles.

Is it possible for a man?

Instead of a woman, her husband or another family member can go on maternity leave.

A prerequisite for this is that the newly-made mother must necessarily return to her work duties.

In our state, there is an official parental leave, during which the mother is paid an allowance for the maintenance of the baby. In this material, we will consider when in Russia they go on maternity leave and what mandatory points of the law on this issue the employer must comply with.

When they go on maternity leave in Russia 2016: you can calculate it yourself if you understand in detail the question of what exactly maternity leave is and why it is needed. A decree is an official sick leave that a pregnant woman can issue at her place of work. Many women, especially those who are faced with the decree for the first time, do not know all the nuances and, as a result, due to legal illiteracy, find themselves in a rather disadvantageous position.

In order not to get into trouble, we recommend that you familiarize yourself with these materials, where we talk in detail about all regulations regulating in Russia 2016 the timing of maternity leave and the rights of a pregnant woman.

General provisions

Maternity leave, in other words, maternity leave is the period when officially future mother may not work. At the same time, she must receive paid sick leave, which in its entirety includes about 200 days, in accordance with current legislation.

Each woman can refuse to go on maternity leave, but then she is not entitled to the payment of maternity benefits. Including, payments on wages for this period, on social insurance will not be provided. To issue a decree, you need to get the appropriate sick leave and go with it to the personnel department.

When they go on maternity leave 2016

When they go on maternity leave in Russia 2016: it is quite easy to calculate the terms if you know that they are within 28-30 weeks. On the 28th week, a woman with multiple pregnancy, and with normal pregnancy go on maternity leave from the 30th week. Check out the 2016 baby vaccination calendar.

That is, in order to accurately determine the timing of the maternity leave, a woman must know how many children she is expecting, whether there are any medical complications to term pregnancy and upcoming birth. This information can be obtained from a doctor.

Options for the timing of maternity leave and how long the leave itself lasts:

If a pregnant woman carries one child and doctors believe that there will be no complications during childbirth, then the woman receives maternity leave for 140 days, it must be distributed in half before and immediately after childbirth. That is, 70 days are allotted to prepare for childbirth, and then the same amount to restore strength and health after childbirth.

If a pregnant woman is carrying one child, but the doctor believes that there may be complications during childbirth, then the rest period after the birth of the child is increased to 86 days.

If the pregnancy is multiple, then both halves of the decree increase. Before giving birth, a woman is given 84 days, and after giving birth - 110 days to recuperate.

When the number of children until the time of birth is not exactly known, then the maternity period is calculated 70 days before, but then it increases to 124 days.

If a woman has premature birth, then the employee can rest after giving birth to recuperate for 156 days.

It turns out that it is easy to find out the time when they go on maternity leave in Russia in 2016, you need to calculate somewhere 70 days before the planned date of birth, and then count the same number of days after the birth of the child.

Important! Please note that it is not at all necessary for a woman to draw up a decree and leave work 70 days before giving birth. She has the right to leave, say, 35 days before the planned date of birth, and the employer cannot interfere with the woman, everything just needs to be agreed with the authorities in advance.

maternity allowance

Of course, a woman will not have to work for a long time, and here she has the right to count on material compensation for this period. Payments are made in accordance with the law. It will be necessary to take the amount of the employee's income for two recent years and recalculate by days of sick leave, and then multiply by the period of sick leave in days. What is the current amount of childcare allowance in Russia 2016.

The expectant mother receives the allowance once at the very beginning of her decree. Most often, the payment is made during the period of issuing the next salary to employees. If the child was adopted before the age of three months, then the woman also has the right to financial compensation for those days when the child is not yet three months old.