Calculation when on maternity leave. Methods for calculating the date of maternity leave

18.08.2019

Let's take a look at what each payout is.

Maternity Benefit (B&R)

By law, an employed woman can leave on maternity leave when the pregnancy reaches thirty weeks. If the ultrasound shows not one child, but twins, then the vacation time is shifted two weeks ahead. From now on, the pregnant woman can stay at home, and her salary is replaced by the maternity allowance.

But not only employed persons are entitled to maternity benefits. Those who have lost their jobs due to the liquidation of the enterprise, full-time students, contract servicemen can also apply for money from the state. In addition to pregnant women, this allowance can be issued by adoptive parents who belong to the categories listed earlier.

Maternity payments will not be made if a woman has left one decree for another and is already receiving money to care for her first child. You can choose only one of the payments. It is convenient to compare which of the benefits will be higher in cost using the maternity benefit calculator.

Also, you should not count on financial assistance if you refuse to go on maternity leave in favor of the workplace. Benefits will only start after the application for leave has been submitted.

The maternity allowance will be paid by the employer or the department of social protection. For its registration, it is necessary to write an application, to which a maternity sick leave is attached. You can get the latter in the antenatal clinic. It is issued at thirty or twenty-eight weeks of pregnancy.

To calculate maternity benefits, you will need to provide a certificate of average earnings from all employers if you are registered in several organizations. Documents can be submitted in person or sent by email.

The allowance for pregnancy and childbirth is paid in full, for which it is a one-time assistance. For working women, the allowance is transferred to the card along with the next salary, for non-working women - by mail or to a bank account by the 27th day of the month following the one in which the application was written.

The calculation of the allowance is determined by the type of employment. For employees, it is equal to the average wage, for those who have lost their jobs due to liquidation - 613.14 rubles, for female students - the amount of a scholarship, for contractors - the amount of monetary allowance. However, if you work at the place from which you go on vacation for less than half a year, then the amount of payments is limited to the minimum wage.

The minimum value of payments in 2018 is the minimum wage, and the maximum is limited to: 282,106.70 rubles. - during normal childbirth; RUB 314,347.47 - with complicated childbirth; RUB 390,919.29 - with multiple pregnancy.

Question answer

Can the father of a child receive B&R?

The father and other family member cannot, as this allowance is only for women.

What is the turnaround time?

It is better to apply for benefits immediately upon receipt of a sick leave at the consultation. It is not worth delaying, since the period is limited to the achievement of a child of six months of age.

When is the allowance received?

The allowance is paid either until the 27th day of the month following the application, or on the day of wages.

To calculate, you need to calculate the average income for the last two years and multiply it by the number of days of the decree (140/156/194 days). You can do this with our calculator.

The salary for which period is taken into account in the calculation and does this period include sick leave, vacation?

Income for the two years preceding the decree is taken into account. For example, they went on maternity leave in 2018 - incomes for 2016 and 2017 are averaged. Vacations are also included in the calculations. The exceptions are sick days and maternity leave and maternity leave. In the event that one decree follows another without going to work, this period can be replaced in the calculation with other years when wages were calculated.

Can a pregnant woman be fired and where can one apply for payment if the company goes bankrupt?

If you are in a position, then you can only be fired in case of bankruptcy and liquidation of the organization, but the benefit will still be paid. To do this, you need to submit an application and the necessary documents to the social security authorities, having the relevant certificates in your hands.

How are maternity pay calculated if a woman worked two jobs?

When combining during the two years preceding the decree, both employers are required to pay benefits.

How will benefits change if I worked part-time?

If before the decree a woman worked part-time, then the allowance will also be half as much as when working full-time.

Is there a benefit if a pregnant woman receives an education at a university?

For full-time students, the allowance is calculated based on the amount of the scholarship.

Where can the unemployed go?

Payments of benefits to unemployed pregnant women are carried out by social protection authorities.

Birth allowance

If BiR maternity payments are issued and accrued even before the child is born, then this payment can be received only after his birth. An allowance is provided to either parent and is a one-time payment. If you have not one, but two or more children at once, then the amount is due for each of them. In accidents, when a child is born dead, it is not paid.

At present, the minimum payments are 16,350.33 rubles. The amount may increase by multiplying by the district coefficient, depending on the area of \u200b\u200bresidence. This payment does not depend on income, length of service and other factors.

To receive the money due, you must contact the accounting department at your enterprise or the nearest FSS department with a corresponding application. You will be asked to attach a birth certificate to it, which is issued upon discharge from the maternity hospital, and a certificate stating that the child's father did not make payment. Unemployed, when contacting the social security service, also need to have an extract from the work book, if any, with them.

Read more about applying for childbirth allowance

Question answer

When should I apply for benefits?

The application and certificates must be submitted no later than the child is six months old.

When should benefits be paid?

The payment is transferred no later than ten days after the application is written or until the 27th day of the next month.

How is maternity pay calculated at the birth of a child?

The lump-sum allowance is calculated by multiplying by the base and district coefficient, the number of children born is also taken into account. The calculator will help you calculate them quickly and accurately.

If I am unemployed and my husband is employed, can I apply for benefits for him?

Yes, either parent can be paid. But then he needs to provide a certificate stating that you did not receive this money and do not claim it.

Allowance for the care of a child up to one and a half years

As soon as the maternity leave comes to an end, the mother of the child or another relative (not necessarily close) can take leave to care for him, which will last until he reaches the age of 1 year and 6 months. The allowance due to those on vacation is no longer accrued at a time, but on a monthly basis. It is designed to replace the wages of a person who sits at home with a baby.

Monthly maternity leave must be issued before the child reaches the age of two years. They are paid after drawing up an application, to which the birth certificate of the child is attached. If you are adopting a child, you must provide proof of this.

Additionally, you need to present a certificate stating that the other parent (or both, if another relative is sitting with the child) does not receive this allowance. If over the past two years you have managed to change your place of employment, then you also need to take a certificate from the previous employer with the amount of wages. This certificate will be required to calculate the amount of maternity. All documents can be submitted not only in person, but also via the Internet.

Within ten days after the submission of documents, you are assigned an allowance, which will be paid monthly until the baby is 1 year and 6 months old. The day of payment coincides with the transfer of salary.

This allowance depends on the average income for two years and is 40% of its value. However, options for paying a fixed amount are possible. In 2018, the minimum payments are as follows: for the first child - 3788.33 rubles, for the second and subsequent children - 6284.65 rubles per month. The maximum is limited to 24536.57 rubles / month.

Read more about the intricacies of applying for childcare benefits up to 1.5 years old.

Question answer

Can someone other than the child's mother receive benefits?

In addition to the mother of the child, any relative can take leave to care for him. For example, if the wife's salary is higher than that of her husband, then it is more profitable for her to go to work, and for her husband to take maternity leave.

How are payments calculated?

Monthly payments are calculated as the average daily earnings for the last two years, multiplied by 40% and an indicator of 30.4. The amount of earnings itself cannot be higher than the established reference values, which change annually and are recorded in the FSS database. Our calculator allows you to simplify the calculation of maternity pay online.

What to do if another child is born during the maternity period?

At the birth of another baby, the mother can choose the allowance that is more profitable for her to receive. Benefits for a second child are usually higher, so women often choose this option. This is permitted by law.

Do they continue to pay benefits if I return to work and maternity leave has not yet ended?

If you go out for the whole day, then the allowance is stopped. However, you can reduce it by just a couple of minutes, and the allowance will be maintained, since the law does not specify how long the shortened shift should last. Only the minimum bar is limited - 4 hours. Such a scheme is only possible when the benefits are paid by the same employer you are applying for.

How are maternity pay calculated for employment in two jobs?

You are only entitled to pay from one employer. Who exactly, you choose yourself. Also take a certificate stating that the allowance was not paid elsewhere.

What to do when liquidating a company?

You need to apply for benefits from the social security authorities.

Here is an excerpt from the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood"

Article 11.1. Conditions and duration of payment of the monthly child care allowance

Monthly child care allowance is paid to insured persons (mother, father, other relatives, guardians) who actually care for the child and are on parental leave, from the day the parental leave is granted until the child reaches the age of one and a half years.
The right to a monthly child care allowance is maintained if the person on parental leave works part-time or at home and continues to care for the child.
Mothers entitled to pregnancy and childbirth allowance in the period after childbirth are entitled to receive either pregnancy and childbirth allowance or monthly childcare allowance, offset by the previously paid pregnancy and childbirth allowance, from the date of birth of the child, if the amount of the monthly childcare benefits are higher than the maternity benefit.
If the child is cared for by several persons at the same time, the right to receive a monthly childcare allowance is granted to one of these persons.

After confirming the fact of pregnancy, the expectant mother has a lot of cases that are difficult to combine with the work schedule. Therefore, a woman is legally entitled to maternity leave. The basis for this is the Labor Code, or rather, articles No. 255 and 256 of the Labor Code of the Russian Federation. Going on maternity leave will allow you to fully devote yourself to the preparatory process and take a break from everyday work.

Waiting for maternity leave

It is not surprising that many ladies prefer to think in advance about the long-awaited date of departure. And this is correct, since knowing the approximate date makes it possible to independently control the correctness of the preparation of all documents and orders at the place of work. However, this issue has its own nuances that require detailed consideration, so if you want to calculate the date of maternity leave yourself, you need to take into account the existing provisions of the Labor Code.

What is maternity leave

Decree is simply called maternity leave. We can say that this is a kind of financial support from the state and the employer, coming to the account from the social insurance fund. Material compensation consists of those funds that are cut as tax payments from wages. Its size and duration of payments is fixed at the legislative level. You can count on maternity leave:

In addition, the term "maternity leave" denotes a deferment from work of two types:

Maternity leave abbreviated BIR. Allocate: prenatal and postnatal. They both last for 70 days, but sometimes they can change. That is, prenatal can take shape earlier, this is due to the well-being of the pregnant woman. Postnatal leave, if desired, is usually reduced.
Holiday to care for the child. It is also subdivided: you can rest until the child is 1.5 and 3 years old. Meanwhile, the legislation provides for payment up to one and a half years. Exceptions are if the child is disabled and the mother is raising him alone, or when the woman has many children.

It is worth distinguishing between these concepts, since they have certain differences. In the article, we will consider exactly how to calculate when to go on the BIR decree. In addition, maternity leave goes as insurance for a pregnant employed woman, because during this period the employer does not have the right to fire her. In addition, during vacations up to one and a half years, the length of service continues to be recorded.

The emergence of maternity leave

The concept of "maternity leave" arose in pre-revolutionary Russia, namely November 14, 1917. Then it was developed in accordance with the Convention on the Protection of Maternity, adopted on June 28, 1952 in Geneva. A decree "on benefits for pregnancy and childbirth" was adopted by the Council of People's Commissars (SNK). Then it was a great achievement and progress of the Soviet government, which took so long to achieve. This convention assumed that a woman, being in a position, had the right to keep her job and receive a paid maternity leave of 112 days (8 weeks before childbirth and 8 after). Currently, according to the Labor Code, a pregnant employee is entitled to leave of 140 days, that is, 70 calendar days before and after the birth of a child, but if the pregnancy proceeds with complications or an ultrasound scan shows more than one child, then the duration of the leave increases to 194 days.

History of maternity leave

Features of maternity leave

discharge from the hospital where the woman in labor is registered;
application for leave.

On their basis, an order is drawn up for leave in connection with pregnancy and childbirth. When all the provisions in the Labor Code of the Russian Federation have been studied, it is possible to determine the approximate date of birth. The PDR is calculated by the gynecologist at whom the woman is being examined. Most often, the approximate date is set after an ultrasound examination. On ultrasound, the size of the fetus is revealed, the approximate date of conception is set, as well as the date of birth, which, as a rule, occurs after 40 weeks. Therefore, the doctor will not take into account the mother's own calculations, he will rely only on the testimony of the study, conducted once a trimester. In addition to ultrasound, the doctor can find out the approximate EDD by:

menstrual cycle;
date of conception;
by first fetal movement;
as a result of examining the size of the uterus.

As a rule, such methods are additional, the indications of ultrasound are decisive in the calculation. Thus, it can be said that they go on maternity leave at the 30th week, and if the pregnancy is multiple, then at the 28th. Follow-up ultrasounds will show small discrepancies of 1–5 days, but despite this, the initially delivered DDD will not change. Leaving the workplace before the time prescribed by the doctor will not work. To determine the long-awaited date for the woman in labor, maybe purely for herself, in order to approximately adjust the term of care. This means that you can calculate the date of maternity leave knowing the PDR determined by the doctor.

Definition of PDR by ultrasound

The second stage of the decree is not always set correctly, because it is impossible to predict how the birth process will go. A mark on the health of a woman is put before childbirth, but after childbirth, observations are made, if complications emerge, the term of the decree is corrected and a new certificate is issued after childbirth. Article 255 of the Labor Code of the Russian Federation defines the duration of the decree as follows:

During normal pregnancy set a time limit of 140 days.
When the fetus is not alone, the duration of the period increases to 194 days, that is, 84 before and 110 after childbirth.
When complications occur during the birth process, the term has 156 days.
160 days when a pregnant woman lives in an unfavorable ecological zone.

As you can see, the term for leaving on maternity leave is established according to the procedure specified by law. A sick leave certificate is given to a woman in labor with a specific date, which is necessary as a formality for paying all days of prenatal leave. It is impossible to leave the workplace earlier, but later it is possible if you discuss this with the head of the company, providing him with a permit from a doctor.

To calculate the date of maternity leave manually, you will need a calendar. If you know the PDR delivered in the hospital, then with a normal pregnancy, we count back 10 weeks. So, the maternity leave calendar shows that the beginning of the 31st week will be the approximate release date for saving. When more than two babies are expected, then two more weeks are counted back. It is also important to ask the doctor what he will rely on during the determination of the EDD. Since, if the doctor will carry out the calculation according to the obstetric method, based on the date of the last menstruation, then this slightly brings the date of departure on maternity leave. If the miscalculation is carried out according to the gestational method, based on the results of ultrasound, then labor activity is slightly extended.

Let us give an example of the general case. Employee of JSC "Vesta" N.G. Nikiforova in hospital No. 5 was registered for pregnancy. The term of the PDR was established by the obstetric method. The term for sick leave is set as the 30th week from the date of the last menstruation (Thursday 10/19/15). The sick leave was opened by a doctor on 05/24/16 (Wednesday 30th week after 10/19/15). Based on this, Nikiforova leaves her workplace on 05/24/16 for a period of 140 days.

Leave mechanism

Being in actual disability, a woman receives payments corresponding to the average earnings for the last two years. So, and not otherwise, the amount of accruals according to the BIR cannot be less than the minimum wage - the minimum wage. In addition, the rest of the family members of the unborn child have the right to take maternity leave, they can be all the next of kin. The manager needs to receive and submit a sick leave only at the 30th week of pregnancy, if there are no complications. This is approved by the order of the Ministry of Health and Social Development of the Russian Federation “On approval of the procedure for issuing sick leave sheets” dated 06/29/2011 No. 624. But in gynecology, a document can be asked in advance if a woman feels that it becomes more difficult for her to move around, and then hand it over to the personnel department on time. When a woman, for some reason, does not have time to apply for a sheet and comes for it later, the vacation will still go on the date corresponding to 30 weeks of pregnancy. To get a maternity leave, you need to go through several stages:

Simultaneously with the submission of the form, it is necessary to draw up a petition in the name of the head, which indicates a request for social benefits and leave due to BIR. It should be ensured that the application is drawn up correctly and properly recorded.

Competent and timely submission of documents is a guarantee that the woman's right to leave and child benefit will be realized.

Sample application letter for maternity leave

The application for pregnancy and childbirth has a standard structure and is no different from another indicative act:

Is it possible to leave early

It is impossible to leave the workplace before the prescribed time. But it is possible, legally, to improve the term of one's position. And that is:

Benefits received during BIR vacation

The legislation of the Russian Federation provides for the following types of payments for citizens on maternity leave:

Maternity allowance. The calculation is based on the period of absence of the employee from the workplace indicated in the document. The amount of payments is determined based on the days of disability and the average daily earnings. The amount received is transferred within 10 days from the date of issue of the decree. The payment will be accrued along with wages or advance payment.
Additional allowance. If a woman before 12 weeks was able to check in with a doctor. The allowance is granted after going on vacation, its amount is 581.73 rubles.
Lump sum after childbirth. Payout amount - RUB 15,512.62.
Child care allowance. Payments are made monthly until the baby is one and a half years old. Payments are calculated from the average earnings of a woman for two years (40%), the amount is affected by the number of children in the family. So, the minimum amount of payment for one child is 2908.62 rubles, for the next one - 5817.24, the maximum amount of the benefit reaches - 21554.85 rubles.

And also many women are interested in whether it is possible to receive maternity payments and work at the same time? Employees have the right to combine vacation time with work, but then maternity days will be cut and not paid. Only wages for this period will be charged. But it happens that the leaders go forward and pay both benefits and salaries, unfortunately, this is rare and is defended by the most courageous ladies in court in accordance with Part 2 of Art. 7 FZ dated May 19, 1995 No. 81-FZ. You can also work and receive benefits after childbirth, but only until the child is one and a half years old and on condition of part-time work. So, a woman should go to wages for the hours worked and the allowance.

What rights do employed women have?

The rights of women in position

Since not every employer likes the pregnancy of an employee, most of them try to refuse employment, reduce wages or fire them instead of providing the required benefits. Therefore, you need to be aware that the rights of pregnant women are enshrined in the legislation of the Russian Federation. In the event of such situations, an employee in a position may apply to the court, which will take her side. But if a woman quit of her own free will, she can no longer count on benefits as a worker. In addition, the workplace and remuneration should not change if the organization changes or the leader changes. When an employer asks to go to extracurricular work or works overtime, this can also be challenged in court. And if the organization is liquidated, the employee must be registered with the employment service.

In contact with

Maternity leave is a concept that applies to all women who leave the workplace during pregnancy.

In everyday life, this is the period when a young mother is preparing for childbirth, going through the postpartum period, caring for a newborn baby until the moment when it can be sent to kindergarten.

In the last few months before the birth, a woman is obliged to leave work for a certain period and devote time to her health and preparation for the birth of a baby, while the employer does not have the right to keep the employee and force her to continue cooperation.

The law clearly defines the date of maternity leave: the 30-week gestation period.

The employee has 70 days to prepare for the birth of the child.

But this period is relevant only for women who are expecting one child and whose pregnancy proceeds without the development of any kind of pathology.

The legislation clearly outlines all possible cases of pregnancy and its duration:

Standard Decree Begins from 30 weeks from conception and a total of 140 days. Of these, 70 pass before the birth of the baby, and the same number after, to restore the health of the mother and breastfeeding in the first months of the baby's life. After this period, the decree does not end - the vacation begins, during which one of the parents (which one, they decide for themselves) exercises.
Multiple pregnancy provides for an earlier date for maternity leave, namely at the 28th week. A future mother of many children has the right to 194 days of rest: 84 before the birth, and another 110 for recovery. With multiple pregnancy, a woman receives an additional 54 days, to the standard 140.
If it happened that there was a premature birth, before the deadline for going on vacation, then a decree is issued for the employee from the moment the child is born for 156 calendar days.
When complications occur during childbirth, the decree is extended by 16 days. If, after the birth of a child, a woman’s health deteriorated, then she has the right to treatment in a stationary form, the period until discharge is not included in the account of vacation days and the decree is extended by the number of days spent in treatment.
When fetal abnormalities occur, the deadline for the release of the decree does not change in any way. If the employee requires treatment in the hospital before the onset of maternity leave, her attending physician will issue a sick leave certificate, in accordance with which a day off will be given. In other cases, the woman is obliged to finalize the necessary terms, regardless of the presence of developmental disorders in the fetus.
For employees of companies living in conditions of high environmental hazard, with a strong indicator of radiation, working with chemicals of increased hazard, or other conditions established by law, maternity leave occurs earlier than the generally established deadline. Before childbirth, 90 days are given and 70 after, which is 160 days of vacation and maternity leave occurs at week 27.

Exit ahead of time

If the employee’s well-being leaves much to be desired, and the period of maternity leave has not yet come, she has the right to take annual leave according to the standard scheme ().

The law obliges the employer to provide the employee with such leave either before childbirth, or after, or when parental leave is over.

Even if an employee got a job in a company where she worked for less than six months, she can still take another annual leave preceding maternity leave.

If the vacation has already been taken according to the schedule, you will have to endure it. Only a pregnant doctor can change the situation by sending her to inpatient treatment. There are no other exceptions for pregnant women under the law. But the employee gets the opportunity to extend her stay with a grown child, or to lengthen her rest and rehabilitation after the birth of a baby.

Late maternity leave

The law provides for employees the opportunity to go on maternity leave a little later than the due date.

From the moment when a woman is due to go on maternity leave, she has the right to see a doctor and, in the absence of indications for a different outcome, may refuse to go on leave until childbirth.

As soon as a woman decides that she can no longer or does not want to continue to be present at her workplace, she must re-apply to the doctor to obtain a sick leave and enter data into the card.

The decision to go on maternity leave later than expected has pitfalls:

Postponement of maternity leave is possible only until the birth of a child. If a woman worked until the very birth, she can only apply for parental leave. Accordingly, vacation pay and the required days of rest will be missed. In some cases, with good health and good pay, such an act may be justified;
Received later than expected, the sick leave will be recorded “backdating”, according to the date when the employee was supposed to go on maternity leave, despite the unused opportunity.
Taking maternity leave, and while at the same time at the workplace, a woman in the eyes of the law refuses her salary, since it is impossible to receive both benefits and wages at the same time. By agreement with the employer, you can get the money due, formally being on vacation, but working, in the form of a bonus.

How to calculate the due date?

The employee's gynecologist must calculate and enter the employee's gynecologist on the sick leave date.

But a woman herself can determine on which day she will go on maternity leave.

Doctors use 2 ways to calculate the 30-week period (or otherwise for medical reasons):

Some obstetricians use ultrasound results to determine the date of conception. From this number, the prescribed number of weeks is counted. The doctor determines the approximate date by the size of the fetus, it is almost impossible to calculate the exact date, and this method of calculation usually determines the date of the decree a few weeks later than the second.
More accurate, it is considered a method for calculating the date of release on decree using. The woman goes to the hospital, where, according to the results of the tests, she is given the gestational age. For example, a period of 6 weeks was set. Then, from the date of contacting the obstetrician, another 24 weeks are added (22, 21).

Maternity leave is a pleasant and responsible time in the life of any girl. During pregnancy, her body is rebuilt and the moment comes when it becomes difficult for the expectant mother to work and the time comes for maternity leave. But even at a short time, a woman thinks about when she will have to go on maternity leave. And in order to make an accurate calculation of the output, you need to understand what is at stake.

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What is included in the concept of maternity leave

Officially, the concept of "maternity leave" does not exist. In the labor code of Russian legislation, it is divided into two parts:

for pregnancy and childbirth. This is paid rest provided to workers for a set period of time before and after the birth of a child.
for child care- this is the period when the child reaches three years old, when the mother receives child care allowance at the expense of the Social Service Fund and compensation payment at the expense of the employer. This child care time is actually divided into 2 parts:
- up to 1.5 years;
- from 1.5 to 3 years.

Comment! This division is only relevant for calculating the amount of social benefits.

When, how and for how long they go on maternity leave

When?

Article 255 of the Labor Code of the Russian Federation gives several answers to this question, since it depends on pregnancy:

If the pregnancy is singleton, then they go on maternity leave 70 days before the birth.
If the pregnancy is multiple, then they go on maternity leave 84 days before labor.

How to go on maternity leave?

Before you go on maternity leave, you need to properly complete all the documents.

Many women are afraid of becoming a mother only because they will lose their jobs as soon as the authorities find out about their situation.

Remember! The law is on your side! To get started, find out:

What, the employer is obliged to provide you by law and immediately collect all the necessary information.
What documents are needed for maternity leave. Usually this:
1. sick leave (list of disability with the specified gestational age and the expected date of birth);
2. exchange card;
3. birth certificate.

Advice! According to the sick leave, which is handed over to the accounting department of your workplace, maternity payments will be considered, so check the correct spelling of all days. A certificate is also provided stating that you are registered before the 12th week of pregnancy.

According to the law of the Constitution of the Russian Federation, the employer does not have the right to terminate the employment contract while you are on maternity leave, as well as on further parental leave. Also, according to the labor code, the employer does not have the right to reduce wages based on the employee's pregnancy.

How long do they go on maternity leave?

You are legally entitled to maternity leave until your child reaches the age of three. First, leave is issued to care for a child up to the age of one and a half years. Then, if desired, parental leave is issued until the child reaches the age of three.

Length of postpartum rest

The duration of the postpartum period is determined by past childbirth. In essence, they can be divided into several points:

If the birth was at one time and without complications, then the young mother can take a break from work for 70 calendar days.
If the birth took place with complications, then the leave is issued for 86 days.
If a mother gave birth to two children at once, then she is entitled to 110 calendar days of postpartum leave.
In case of premature birth, if the child is born alive, then the mother is entitled to 156 calendar days for vacation.
In case of premature birth, if the child was born dead, the mother is entitled to 86 days of postpartum leave.

If you have adopted a newborn baby, then postpartum leave is also due in the amount of 70 calendar days from the moment he was born. If the adoption of two or more babies, then 110 days from the date of their birth.

Rules for issuing a maternity

Consider the step-by-step preparation of documents for maternity leave:

A sick leave certificate (sick leave) for maternity leave is issued a certain number of days before delivery, but concessions are made in the antenatal clinic and it can be obtained in advance as soon as the fact of pregnancy is accurately established. Advice! Apply for a sick leave in order to avoid unnecessary physical activity in the long term of pregnancy.
After receiving a certificate of incapacity for work, you need to write a statement addressed to the head of the temporary absence due to the upcoming birth. Advice! It is better to write an application under the guidance of an employee of the personnel department, he will tell you how to formulate the application correctly, indicating in it the reason and period of absence.
Also, in the personnel department, you need to draw up a document for receiving social benefits in connection with pregnancy and childbirth. Note! If at the moment the expectant mother is unemployed, then the documents are drawn up in social services at the place of registration.
Then, the personnel department draws up an order to go on maternity leave, which indicates the date after which you can go on vacation and start preparing for the birth of the baby.
After childbirth, it will be necessary to collect documents and write an application in order to receive parental leave. All documents are also handed over to the personnel department of the workplace.

Who determines the beginning of the period of temporary disability

The onset of temporary disability during pregnancy is determined by the obstetrician-gynecologist with whom you are registered. First, she needs to put the estimated date of birth (ED), which is calculated according to two criteria:

When was the first day of your last period.
Ultrasound data (ultrasound).

And then, according to the conditions described above, the doctor calculates the beginning of the maternity leave.

Length of stay at home for childcare

Stay at home to care for a child, possibly for a maximum of 3 years. 2 holidays are issued:

The first is issued after the expiration of postpartum leave up to one and a half years. According to the labor law of the Russian Federation, a young mother is paid an allowance from the social service and compensation from the workplace. Child care allowance is received in the amount of 40% of average earnings.
Upon reaching the age of one and a half years, a second period for caring for a child up to three years is drawn up, if desired. The second half has its minus - the mother is paid compensation in the amount of 50 rubles.

In special cases, namely due to the health of the baby, you can write an application addressed to your employer for an extension up to 6 years, but in this case the vacation will not be paid.

Not only the mother can take care of the child, but also the grandmother or father, if only the parents are married, then all payments due will be made out to this person.

Thanks to the correct calculation of maternity leave, it is possible to prepare all the required documents in accordance with Russian legislation on time. Also check out all the laws related to maternity and child care benefits so you know what you are entitled to.

Thus, you can compare the result with the doctor's calculations, as well as draw up a work plan for the remaining months and arrange everything for transferring cases to another employee.

In this article, we will discuss how to determine the date of release on the decree.

A decree is usually considered the period when a pregnant woman finishes working and goes on vacation to prepare for childbirth.

According to the law, this leave is called "for pregnancy and childbirth" (FZ No. 197).

In accordance with the Labor Code, maternity leave is due upon presentation of a certificate of incapacity for work.

It is issued by the medical institution that the woman visits for consultations due to pregnancy. Maternity leave relies on the period prescribed by law (Article 255 of the Labor Code of the Russian Federation).

140 days with a standard pregnancy;
194 days if the woman is carrying more than one child;
160 days, when living in a zone with harmful ecology.

According to the law, a sick leave is given to a pregnant woman at the thirtieth week of the term, with a favorable bearing of the child.

If you apply for a document later than the deadline, then in any case a disability certificate is issued, which corresponds to the thirtieth week of pregnancy.

Based on this, we can conclude that, according to the law, a woman has the right to go on maternity leave at the thirtieth week of pregnancy.

With multiple pregnancies, a woman can go on maternity leave at the twenty-eighth week. If the polluted area considers the place of residence, then the pregnant woman must be issued a disability certificate at the twenty-seventh week of pregnancy.

How to calculate when to go on maternity leave

Now let's look at how to calculate the date of maternity leave, that is, the term for going on maternity leave.

The date from which the maternity leave is counted is easy to determine.

Many doctors use the method of obstetricians in the course of determining the duration of pregnancy.

Using this option, it is necessary to count from the starting day of the last menstruation of a woman.

Thus, the required number of weeks from this date is calculated. The start date of the sick leave for pregnancy and childbirth will be the number on which the thirtieth week falls, i.e. seventh month of pregnancy.

Accordingly, if a pregnant woman is expecting more than one child, then twenty-eight weeks (6-7 months) must be counted. And, if a woman lives in negative environmental conditions, then twenty-seven weeks (6-7 months) must be counted.

You need to pay attention to two points:

Many ultrasound doctors use the embryonic method to determine the gestational age. Under this circumstance, the period will depend on the size of the fetus in fact. Thus, the calculation comes from conception. For this reason, the period according to obstetric calculations is more than a couple of weeks than according to embryonic calculations. This nuance must be discussed in advance with the doctor, according to which system the calculations will be carried out.
Due to the fact that it is unrealistic to calculate the exact gestational age to a single day, it means that all other calculations will be carried out from the day the pregnant woman was registered. For example, if the seventh week of pregnancy was determined during registration, and it was Wednesday, then twenty-three weeks later, also on Wednesday, the pregnant woman will be given all the necessary papers for issuing a decree.

Calculation of leave before the decree

Before going on maternity leave, an employee has the right to take another vacation.

The calculation of vacation pay and their registration is carried out according to the usual scheme. In this case, the amount for the days worked during the year is calculated.

Thus, the calculation plan for pregnant women is exactly the same as for other workers.

Questions may arise if the pregnant woman managed to work out only a couple of months. In this case, the calculation will be made taking into account the minimum wage. If the minimum amount is 5,205 rubles, then the salary per day will be 177.04 rubles (5,205/29.4).

If an employee can claim twenty-eight days of rest, then vacation pay will be accrued to her in the amount of 4,957.12 rubles (177.04 * 28). If an employee takes twenty-eight days of rest, then after that a vacation must be issued for her, which refers to the decree.

This regulation applies to all employees, and for a woman who goes on maternity leave and before that took advantage of her annual leave, the general provisions of the law apply.

If an employee expresses a desire to quit after maternity leave, and before that she took a vacation in advance, then during the final calculation, accruals for vacation will be withheld.

Payments must be made three days before the employee's vacation. The payment of vacation pay cannot affect the allowance that is due to a pregnant employee.

Sick leave after maternity leave

A woman who fell ill and was treated during her maternity leave is entitled to compensation outside of the maternity allowance. In the initial months after childbirth, a woman cannot earn money on her own and is considered disabled by law.

The disability certificate must be paid based on the length of service as a percentage. If an employee has worked for more than eight years at the enterprise, then she is entitled to payments in the amount of 100%, less than eight years - the sick leave payment will be lower. With an experience of less than six months, a certificate of incapacity for work is paid in accordance with the minimum wage.

If the salary for the last year does not suit the employee, or it turned out to be smaller than in previous years, then the woman has the right to issue an application to the management.