What week is postpartum maternity leave? Maternity leave: rules and terms of registration. When, how and for how long they go on maternity leave

13.10.2019

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 should be emphasized that in general in the Russian Federation the Labor Code differs 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. In addition, this 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 an application for early exit addressed to the boss, 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, the following types of maternity payments are paid from the federal budget in 2015:

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 the place of work or directly in the territorial body of the 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, are assigned 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 the minimum amount - 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.
the maximum amount of monthly payments for the care of a child up to 1.5 years old is set at 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

Maternity leave(BiR, in everyday life just decree) is a social guarantee for working women, as well as for those undergoing military or equivalent service under a contract. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and devote time to the newborn.

The right to maternity leave is enshrined in Art. 255 of the Labor Code (LC) of the Russian Federation (No. 197-FZ of December 30, 2001). The law states that the decree is accompanied by the payment of social security benefits.

B&R leave is granted both for native (born) children and for adopted children under the age of 3 months.
Do not confuse maternity leave (maternity leave) and childcare leave up to 1.5 years old. In a legal sense, these are completely different periods.

A feature of maternity leave in Russia is that it can be issued only woman.

Sometimes they write or say that dad can be sent on maternity leave. This implies Holiday to care for the child, but not according to BiR.
According to Art. 123 of the Labor Code of the Russian Federation, for the period of the wife’s decree, a man can only be provided out of turn annual paid vacation.

New law No. 201-FZ dated June 29, 2015, amended the conditions for granting maternity leave for fixed-term employment contract. If earlier the employer was obliged to extend the contract with the employee only for the period of pregnancy until the birth of the child, now the woman is provided with the statutory postnatal leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of the decree).

How many weeks is issued

The period at which a woman can legally go on maternity leave - 30 weeks. To go on vacation, you need to get maternity sick leave from the doctor. The document will indicate the start and end dates of the decree.

In some cases, set other terms decree execution:

27 weeks - for expectant mothers living in a certain area contaminated due to the accident at the Chernobyl nuclear power plant, the Mayak plant and some others.
28 weeks - with multiple pregnancy.
If a woman had a premature birth between 22 and 30 weeks - from the day of birth.

An obstetrician-gynecologist does not have the right to open a sick leave date later than the beginning of the 30th week of pregnancy. However, the woman herself has the right to go on maternity leave later - this must be indicated directly in the application for this leave.

In particular, it may be in the interests of a woman to postpone the start date of the decree - if it falls at the end of the year, it is sometimes more expedient to postpone it at the beginning of next year despite several lost days payable on sick leave. This is done to be used as a calculated current calendar year- as a rule, more profitable in terms of earnings.

How many days is legal

According to Art. 7 of the Law on State Benefits No. 81-FZ of May 19, 1995, as well as other regulatory documents, the duration of maternity leave in 2018 may vary. The number of days of the decree depends on the place of residence and work of the woman, the characteristics of the course of childbirth, the number of children born.

Vacation in BiR is divided into two conditional parts - prenatal and postnatal. The number of days for each of them is counted by a gynecologist from the expected date of birth.
If the child is born earlier, anyway, as a result, the woman will be given total number of days maternity leave.

Below is the duration of B&R leave before and after childbirth for different categories of women.

Maternity leave table

Terms	Length of maternity leave in days
Terms	Before giving birth	After childbirth	Total
The usual course of pregnancy and childbirth	70	70	140
The same for women living or working on the territory contaminated after the accident at the Chernobyl nuclear power plant, the Mayak plant or waste dumping into the river. Techa (hereinafter - in the contaminated area)	90	70	160
Normal pregnancy, complicated delivery	70	86	156
The same for women living or working in the "Chernobyl zone"	90	86	176
Preterm birth (between 22 and 30 obstetric weeks)	0	156	156
Multiple pregnancy established before 30 weeks	84	110	194
Multiple pregnancy established at birth	70	124	194

For pregnant women who live or work in contaminated areas, maternity leave extended by 20 days due to the prenatal period. In accordance with the law No. 1244-1 dated May 15, 1991, during this period, it is planned to conduct their rehabilitation outside the contamination zone before delivery.

For woman, adoptive baby under the age of 3 months, the duration of the decree may be shorter:

The leave begins to be counted from the day when the court decision on adoption comes into force.
The decree lasts until the expiration of 70 calendar days after the birth of the baby (or up to 110 days after the birthday of the adopted twins).

Making maternity leave

To go on maternity leave, a pregnant woman must provide the employer sick leave from an obstetrician-gynecologist and write statement about your desire to take a vacation in BiR. It is important for the employee to take maternity leave for two reasons:

to get a B&R allowance;
to follow her job was saved for the period of maternity leave, as well as the subsequent care of a child up to 3 years.

In return for the application and the hospital personnel department provided by the woman, the personnel department issues her a notification-receipt of the acceptance of documents (written in free form, the second copy remains with the organization).

The start date of the decree may coincide with that indicated on the disability certificate, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the decree itself will not be postponed to a later date, but will be reduced, since it will end no later than the date indicated in the sick leave.

Decree sick leave

Disability certificate issued on official letterhead, approved by the order of the Ministry of Health and Social Development of June 29, 2011 No. 624n. It is a document of strict accountability and has a unique number. The first part of the form is filled in medical institution, the second (for calculating maternity benefits) - employer women.

Basic requirements for filling out sick leave (valid for both the doctor and the employer):

Cells are filled with large printed Russian letters and numbers, which should not go beyond the cell.
Entries can be made on a printer or handwritten with a black gel, fountain, or other pen (but not a ballpoint pen).
Any blots, strikethroughs and errors are prohibited. Even with one strikethrough, you need to change the form and rewrite it all over again.
The name of the employing organization can be written in full or abbreviated form (if such a form is provided for by the constituent documents).
If the inscription (name of the enterprise, surname of the doctor and others) does not fit in the line, it is simply interrupted in the last cell.

The employer must carefully verify the correctness of filling out the sick leave, because the FSS may not accept an incorrectly completed document. Correctly and finally completed sick leave is transferred to the accounting department for the calculation of B&R benefits.

If an error is found, the disability certificate is returned to the woman, who must re-apply to the medical institution for a new document.
An incorrect name of the insured organization is not considered a mistake, because the FSS can recognize it by its registration number.

Application for maternity leave

The application is the main reason for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Certain information must be included in the document. These include:

Details of the organization, full name of the head.
Full name of the employee without abbreviations (you can also indicate the position).
Details of an identity document.
Information about the place of registration and residence.
Please provide leave for BiR.
Request to pay maternity allowance and a one-time allowance for registration in early pregnancy (optional).
Desired method of receiving benefits, card details.
The number and date of the sick leave according to BiR.
Signature of the employee, last name and date of filling out the application.

Being on maternity leave is the basis for assigning a woman a maternity allowance. In this case, most often one combined application is filled out - both for vacation and for payments for it on sick leave.

Order for maternity leave

After the application and the sick leave were received from the woman at the place of work, the personnel department of the enterprise forms maternity leave order. The form of the document is not clearly regulated by law; as a basis, one can take unified form No. T-6 or develop your own.

The order must contain the following information:

name of the insurer;
date and document number;
Full name of the employee, personnel number, name of her position and structural unit;
type of leave (for pregnancy and childbirth);
grounds for granting the decree;
vacation start and end dates, its duration;
Full name of the head of the organization, his signature.

Employee familiarizes with the order without fail, signed and dated. Ideally, she is provided with a copy of the document. After that, it is written on the order that he is sent to the personal file of the employee.

On the basis of the order, data on the decree are entered into the personal card (form No. T-2) of the employee. The fact that a woman is on leave for BiR is reflected in the time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

Vacation in BiR is paid in full, from the first to the last day. The allowance is transferred at the same time at the woman's expense for the entire period.

The main criteria for calculating payment for maternity leave:

For each full month of the decree, a woman is entitled to an amount equal to 100% of the average monthly earnings in the organization for the last two calendar years (Article 11 of Law No. 255-FZ of December 29, 2006).
With very little or no earnings, as well as with work experience in the organization up to 6 months. calculation and payment is made according to the current value of the minimum wage (minimum wage). From February 1, 2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
The maximum amount of payment is regulated using the bases for calculating insurance premiums. The incomes of the worker for a certain year are compared with their values.

If there are several employers for whom a woman has been working for more than two years, the decree is paid each of them. At the same time, the payment for child care can be issued only with one of the insurers.

Maternity leave is paid only if sick leave has been granted not later than six months after the end of the decree. Otherwise, the woman may need to prove her eligibility for the B&D benefit in court.

Calculation of maternity leave

Calculation of maternity leave allowance bookkeeping is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct Payouts") according to the established procedure. This takes into account the following data:

The total earnings of a woman for the two calendar years preceding the maternity leave. For those whose maternity leave will begin in 2018, 2016 and 2017 will be calculated.
The length of the calculation period (in 2016-2017 - 731 days).
The number of days "falling out" of the billing period due to being on sick leave, parental leave, etc.

Maternity leave is calculated in the following order:

the exact number of days in the billing period is calculated (outliers are subtracted from 731);
the average daily earnings are found (the total income for two years is divided by the number of days calculated in the previous paragraph);
the size of the lump sum is found (the average daily earnings are multiplied by the number of days of maternity leave, which is taken from the sick leave).

The amount of the allowance must fit within certain limits. In 2018 for 140 days of vacation minimum maternity allowance is 43,615.65
rub. (at the rate of 9,489 rubles for each full month), maximum- RUB 282,106.70

FSS online calculator

To facilitate calculations and pre-calculate the amount that a woman can count on after going on maternity leave, an online calculator on the FSS website will help. It is based on the above method for calculating maternity leave. This is how the size of the allowance for an accountant at the enterprise and in the FSS is considered.

You need to carefully fill in the fields:

Type of disability (pregnancy and childbirth).
Enter the dates of the period of disability indicated in the sick leave.
If a woman has been on parental leave during the past two years, she can replace the years of calculation.
In the "Terms of calculation" enter the amount of earnings for 2016-2017. (or another billing period), the number of days excluded from the calculation, carefully check the boxes.
You can pay attention to the column “Work experience” only if the experience does not exceed six months in this organization.

Maternity leave payment

Decree payment is made from the Social Insurance Fund (FSS). In general, the process occurs in the following sequence:

Woman writing a letter to the employer for maternity leave and allowance.
The term for making a decision at the place of work on the payment of vacation and the calculation of maternity benefits - in the general case 10 calendar days.
There is a certain period of time for the transfer of money. The employer must transfer funds on the first day of payroll along with the wages of other employees.
The employer (insured) initially pays money from their own funds, and only then does the FSS reimburse him the payment by reducing the insurance premiums payable and / or paying compensation.
In some constituent entities of the Russian Federation, where the Direct Payments project operates, vacation is paid to a woman directly from the territorial body of the FSS (although the application for a decree is written to the employer anyway, its calculation and payment is carried out by social insurance workers). At the same time, the FSS has the right to pay maternity leave until the 26th day of the month following the application for maternity leave.

Together with the payment for pregnancy and childbirth, you can apply for a one-time allowance, which is issued upon early registration in a medical institution. Its size in 2018 is 628.47 rubles. To receive this amount, the employee must provide the employer with a certificate from the antenatal clinic and write a corresponding application.

Conclusion

Maternity leave (maternity leave) workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation go on maternity leave at 30 weeks pregnancy. To do this, in the antenatal clinic, you need to apply for sick leave, provide it to the employer (to the educational institution, at the place of service) and write an application for leave.

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once for the entire period of vacation in BiR at the woman's expense. Maternity allowance is paid to female workers for whom the employer pays insurance premiums.

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, 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 harmfulness, 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 schedule

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 at 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).

Expectant mothers have always been concerned about what payments they receive, what is the size of these benefits, and how long pregnant women go on maternity leave.

By decree, people mean the presence of a pregnant employee in the last stages of pregnancy, as well as the time of caring for an infant.

Maternity leave is an official sick leave that all pregnant employees can take at the workplace if they provide a sick leave.

But not many people know most of the specific legal subtleties and often ask how many weeks they go on maternity leave. Let's consider the issue in more detail.

Maternity leave (or maternity leave) is a period of disability during which the expectant mother can receive up to 200 days of paid sick leave.

It is divided into two parts: prenatal and postnatal, paid in total, without a break.

To receive the appropriate allowance, the employee must apply for a sick leave, contact the personnel department to apply for maternity leave.

The decree in 2019 has a duration of 70 calendar days before delivery and 70 calendar days after.

With twins, leave increases to 84 calendar days and up to 110 calendar days after childbirth.

Many do not understand the difference between maternity leave (maternity leave) and parental leave. These are different concepts, different vacations, as well as different terms. The latter is provided to a woman until the child is three years old.

If a pregnant woman is exposed to harmful factors at the workplace, then she should be transferred to another job. Maintain average earnings.

After a premature birth, an employee may request 156 days to recuperate after a difficult childbirth and rest. Duration is set in the general order.

Is it possible to go on maternity leave later than the due date? According to the law of the Russian Federation, it is possible to go on sick leave immediately after the specified period, not 70 days, but 35, for example. And the employer cannot prevent his employee from doing this.

But if a woman wants to return to work ahead of schedule, she needs to discuss this with her boss.

To receive a decree, a pregnant employee must provide a sick leave certificate, which is drawn up by the attending physician and contains information about the course of her pregnancy. The duration of a woman's rest and payments is calculated on the basis of this sick leave.

Is it possible to go on maternity leave earlier than the due date?

If there are no features in the process of bearing a child:

In the case when the expectant mother works in an area that is polluted due to the accident at the Chernobyl nuclear power plant and the Mayak plant, the discharge of radioactive waste into the Techa River, you can go on vacation at 27 weeks. A woman is given 160 days of maternity leave.

Maternity leave is issued by a sick leave issued by a gynecologist with whom a woman is registered. If this is not the case, then the family doctor or paramedic.

Issue a single sick leave - for the entire period of maternity leave. Nothing is done before the birth.

Upon receipt of a sick leave certificate, a woman must provide it to work, write an application for leave and go on maternity leave.

In Russia, the right to receive maternity leave is regulated by Article 255 of the Labor Code of the Russian Federation. The expectant mother can issue a legal regular annual paid leave and take it before the start of the maternity leave or at its end.

Paid maternity leave stops if the employee returns to work before it ends.

If an employee goes on maternity leave, she can receive compensation for this period.

The payment is regulated by law, is the sum of all the income of the employee for the last two years, converted into days multiplied by the period of sick leave (in days).

The allowance is paid once at the beginning of the mother's vacation. Compensation is paid along with the next payroll to employees.

The allowance is provided for all calendar days of a sick woman. The minimum amount of payments cannot be less than the minimum wage.

The allowance should not be subject to personal income tax, UST, pension contributions, mandatory insurance contributions.

The following are eligible for maternity benefits:

all formally working women;
unemployed women who are registered with the employment center;
female students;
military women;
working women in military organizations as civilian personnel.

The right to compensation is given to those employees who have adopted or adopted a child under the age of 3 months. The allowance is received for the days when the adopted child is less than three months old.

In the case when a woman adopts two or more babies, the period is increased to 110 days.

If women from maternity leave with their first child immediately go on maternity leave with their second child, they usually choose the maternity allowance rather than the child care allowance, since the former is usually more profitable.

During the period that the employee is on maternity leave, on parental leave, she must keep her job and pay benefits.

Expectant mothers often ask what week they go on maternity leave. If a woman is pregnant with one child, if nothing threatens her health, then at the 30th week of pregnancy.

The term for a woman to go on maternity leave depends on the number of babies expected, working conditions, the complexity of childbirth, and the state of health.

Video: How to issue a decree: when they go on maternity leave, payments, period and more

The procedure for going on maternity leave is regulated by the Labor Code of the Russian Federation. It defines the terms for granting leave, as well as the required documents.

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The employer must obey the rules of the Labor Code of the Russian Federation, since otherwise sanctions will be applied to him.

Maternity leave

The following categories of women can also go on maternity leave:

military personnel;
full-time students;
registered as;
military civilian personnel.

While on maternity leave, a woman becomes the owner. It is entitled to receive the above designated categories of women.

As for the unemployed, they receive the minimum amount of payment if they were dismissed from their previous job due to the liquidation of the employer.

Rights of expectant mothers

The rights of expectant mothers are enshrined in the Labor Code of the Russian Federation. This codified act is mandatory for all employees and employers, that is, the parties to the employment contract.

If a woman's rights are violated, she can challenge the illegal actions in the labor inspectorate, prosecutor's office or court.

So, future mothers can apply for the provision of leave, as well as the payment of benefits to them.

The amount of the payment is determined differently for different categories. For example, for female students, the allowance will be equal to the amount of the scholarship, and for working women - 100% of the average earnings for the past 2 years.

The legislative framework

So, the main regulatory legal act that regulates the issues of leaving on maternity leave is the Labor Code of the Russian Federation.

It is this codified document that is the basis for regulating relations between employees and the employer.

Its norms are also applied in the case when the provisions of the labor agreement contradict it.

We have already discussed Art. 255, which establishes the procedure for issuing maternity leave. The Labor Code of the Russian Federation also determines when you can go on maternity leave.

As ancillary legal acts, the following should be noted:

Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n;
Instruction of the Ministry of Health of the Russian Federation of 04.23.1997 N 01-97.

Maternity leave

Of greatest interest to future mothers is the period of maternity leave. When the employee can leave her workplace and start preparing for childbirth. These norms are defined in the Labor Code of the Russian Federation.

The legislation also refers to a specific procedure for issuing such a vacation. To do this, the employee must submit a set of documents.

Based on these data, the employer prepares a vacation order.

Then it is paid to a pregnant woman. A pregnant worker receives money once for the entire term.

How many weeks?

a woman will go on maternity leave depends on one circumstance - whether she has a multiple pregnancy or not:

as a general rule, an employee who is expecting the birth of one baby, leave is issued 70 days before the planned date of birth, after which she will also receive 70 days;
if the birth happened beforehand, for example, 10 days before a certain time, then this period is automatically added to the period after the birth.

In any case, the duration will be equal to 140 days.

The period of postpartum leave can be extended if the birth was complicated. In this case, the woman is given an additional 16 days.

with twins

With multiple pregnancy, a woman has the right to issue a decree earlier, namely, 84 days before the birth. She will receive a correspondingly larger allowance.

Also, for such an employee, an extended leave after childbirth is provided. It is not equal to 70 days, but 110.

Registration procedure

So, at 30 weeks (at 28 with multiple pregnancies), a woman takes in a antenatal clinic. This document is submitted at the place of work.

If the employee works part-time, then she needs to receive a sick leave in the appropriate amount.

Leave is issued on the basis of a pregnant woman. This document is drawn up personally by the pregnant woman and signed by her.

At the legislative level, there is no single procedure for issuing this application. Typically, such a document is drawn up with the participation of a personnel officer who helps the employee formulate the text.

The application must indicate the reason and duration of the absence of the employee. The sick leave determines the number of maternity days.

The application indicates the requirement to calculate and pay maternity benefits.

Based on the submitted documents, an order is issued. From the moment of its registration, the expectant mother is released from the performance of her labor functions for a certain period.

Required documents

To fully go on maternity leave, you need to collect - before the birth of the child and after the birth of the baby. In the first case, maternity leave is issued, and in the second - to care for a child.

First you need to collect the following data:

sick leave for the entire period of disability;
leave application;
bank account or card number for transferring funds;
certificate of registration in the early stages of pregnancy (if any);
a certificate of income for the past 2 years, if the woman was employed by another employer.

Based on these documents, maternity leave will be issued. After the birth of the baby and the expiration of days of rest, it is necessary to take leave to care for the child.

This will require the following acts:

identity document;
a copy of the birth certificate of the child (children);
statement;
bank account number for transferring funds.

When to apply?

The application is required to be written after the woman has been presented with a certificate of incapacity for work.

It is this document that will testify to the existence of objective reasons for exercising the right to this type of vacation. The certificate of incapacity for work is attached to the application.

The date of commencement of the leave will be equal to the 30th week of the employee's pregnancy or 28th week in the case of multiple pregnancies.

Order

After the employee has submitted an application and the required documents, the head of the enterprise where she performs a labor function issues an order.

It indicates the order to grant maternity leave, information about the employee, as well as information about the payments due to her.

The head of the organization signs the order, the date is indicated when the employee is sent on maternity leave.