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All about going on maternity leave. Decree payments. Features of granting maternity leave

The new procedure for assigning and calculating the amount of maternity payments, which entered into force on January 1, 2011, involves the use of the rule approved by the Government of the Russian Federation for determining the amount of maternity benefits based on the amount average wage based on the results of the two-year period preceding the year of maternity leave, or taking into account the established value the minimum wage(Minimum wage, from January 1, 2019, established in the amount of 11280 rub.).

Payments are due to all working women who apply in the form of social insurance for temporary disability and in connection with motherhood. maternity leave paid as a lump sum and in total for the entire vacation period provided for by law.

The usual duration of leave is considered to be 70 calendar days before childbirth (in the case of multiple pregnancy - 84 days) and 70 days after childbirth, with the exception of possible complications during childbirth - 86 days, or when two or more children are born - 110 days (respectively, in total).

Accruals are made on the basis of the one presented at the place of work, which must be issued to a pregnant woman at the clinic (antenatal clinic) at the obstetric period of 30 weeks of pregnancy.

In addition to the disability certificate, an application for leave must be submitted to the accounting department at the place of work. A maternity allowance is assigned within 10 days from the date of application for its receipt, and payment is made on the next date of payment of wages at the enterprise.

How are maternity pay calculated?

According to the amendments to the Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood", from January 1, 2011, the procedure for calculating average earnings has changed, the value of which is used for calculation of maternity leave in 2019.

The amount of maternity benefits when leaving for the corresponding leave from the place of work is obtained by multiplying the received average daily wage:

The minimum amount of maternity payments in 2019 and the maximum

According to this minimum size maternity benefits in 2018, taking into account the average daily wage calculated according to the minimum wage, is:

  • RUB 43615.65 - during normal childbirth (140 days);
  • RUB 48600.30 - with complicated childbirth (156 days);
  • RUB 60438.83 - with multiple pregnancy (194 days).

These lows will increase from May 1, 2018- on order Vladimir Putin, by this date, the minimum wage should be brought to the level of the subsistence minimum, approved by the Decree of the Government of the Russian Federation for the 2nd quarter of 2017 (11,163 rubles in accordance with Decree No. 1119 of September 19, 2017). In proportion to this (that is, by 17.6%) from May 1, the minimum maternity pay will also increase.

Maximum Benefit is limited to the average earnings from which contributions are made to social insurance in the event of temporary disability and in connection with motherhood (the so-called "insurance base").

Although in 2018 its size is 815 thousand rubles, when calculating benefits, the insurance base for the previous two years is taken - 2016 and 2017 (718 and 755 thousand rubles, respectively), based on which the maximum amount of maternity payments are now:

  • RUB 282,106.70 - during normal childbirth;
  • RUB 314,347.47 - with complicated childbirth;
  • RUB 390,919.29 - with multiple pregnancy.

How much else do they pay on maternity leave and up to 1.5 years monthly?

  • Women who have registered with a clinic or antenatal clinic before the 12th week of pregnancy are entitled to receive - subject to the presentation of an appropriate certificate from a medical organization on early registration of the expectant mother.
  • In addition to this, one of the parents (mother or father) is also paid at the place of work, amounting to 16,759.09 rubles.
  • At the end of the decree, parental leave with the right to receive is calculated in the amount of 40% of the average salary, but not lower than the minimum amount established by law:
    • RUB 3788.33 for the first child (40% of the average monthly salary when calculated according to the minimum wage = 9489 rubles);
    • RUB 6284.65 - on the second and subsequent.

You should know that when several children are born at the same time, the above are made for each child (first, second and subsequent). The condition for obtaining is the presentation to the accounting department at the place of work of a birth certificate (original) obtained from the registry office, as well as references from work second parent and .

How to calculate maternity leave in 2019 (example and online calculator)

Consider the situation when a woman goes on maternity leave in January 2018 for a period of 140 days (normal pregnancy and childbirth without complications).

In this case, when establishing maternity payments ( , ), taking into account the approved calculation rules, income for the full 2016 and 2017 will be taken into account:

  • Revenue for 2016 amounted to:
    • salary - 150,000 rubles;
    • vacation pay - 14,000 rubles;
    • sick leave - 6000 rubles. (14 days).
  • Income for 2017:
    • salary - 200,000 rubles;
    • vacation pay - 17,000 rubles;
    • sick leave - 3000 rubles. (5 days).

Based on the above data, it is possible to calculate the amount of established maternity payments, using the formula:

  • maternity allowance:
    (150000 + 14000 + 200000 + 17000) / (366 + 365 - 14 - 5) × 140 = RUB 74915.73
  • allowance for caring for a child up to 1.5 years:
    (150000 + 14000 + 200000 + 17000) / (366 + 365 - 14 - 5) × 30.4 × 0.4 = RUB 6506.97

Since the benefits received are higher than their pregnancy the following categories of unemployed:

  1. Women fired within twelve months preceding the day they were recognized as unemployed in accordance with the established procedure, in connection with:
    • liquidation of organizations;
    • termination by individuals of activities as;
    • termination of powers by private notaries or termination of the status of a lawyer;
    • termination of activities by other individuals whose professional activities in accordance with federal laws are subject to state registration and (or) licensing.

    The maternity allowance for these categories of citizens is set at the minimum fixed size ( - RUB 628.47 per month or 2888.73 rubles. for 140 days of decree).

  2. Women in full-time education in educational organizations of various types (organizations of higher and additional professional education, scientific institutions, training and production plants, etc.).

    Maternity allowances are established for them at the place of study and are paid in the amount of the scholarship.

In addition to the above, these categories of the unemployed (as well as in general to all unemployed persons, not subject to compulsory social insurance in case of temporary disability and in connection with motherhood) in the bodies of the Social Security of the population relies.

The period of pregnancy is inextricably linked with the onset of maternity leave. This stage in the life of a pregnant woman involves a number of benefits. The list of social guarantees may vary. Of particular interest to working women is information about how many weeks they go on maternity leave.

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What is maternity leave

There is no mention of maternity leave in the current legislation. This concept is a household expression.

Regulatory legal acts require the presence period of disability due to pregnancy and childbirth, as well as the time period for child care.

The combination of these elements underlies maternity leave.

One of the most common questions among pregnant women is the topic of how many days maternity leave can last.

It is important to understand that such an absence from work equals a 2-month interval before the expected birth and the same after delivery. This period is confirmed by the issuance of a sick leave. It is obligatory for payment at the place of last work. Only a pregnant woman can go on vacation of this kind.

How many days maternity leave lasts is affected by its division into such periods:

  • the course of pregnancy;
  • delivery;
  • newborn care.

The time gap for child care is one of the reasons for the legal absence from work. During this time care and guardianship in relation to the child of preschool age is supposed. It should be remembered that on a vacation of this kind not only mom can leave, but dad too. For this, a special application is made.

Informative! How to apply: what can the allowance be used for

There are many factors that affect how long they go on maternity leave. These reasons include:

  • diagnosing a normal pregnant condition (carrying one child);
  • detection of multiple pregnancy (carrying two or more embryos);
  • implementation of artificial insemination (IVF procedure);
  • detection of fertilization in women who had previously been exposed to radiation (meaning the accident at the Chernobyl nuclear power plant).

There are some differences in maternity leave depending on employment. So, among these moments stands out:

  • For women with official employment, rest begins at the end of pregnancy. They are issued a temporary disability sheet; this document guarantees the right to be released from work and receive benefits.
  • For women who were not on the staff of an operating enterprise, the payment of benefits occurs after the registered birth of a child.

These aspects affect how many months they go on maternity leave.

Important! If a pregnant woman does not have a job, the settlement of the process is carried out taking into account Federal Law No. 255. This document involves an explanation of the points, taking into account temporary disability.

It should be noted that the fundamental the document regulating the maternity period is the Labor Code Russian Federation. At the same time, the force of its action extends exclusively to the employed population.

When they go on maternity leave

According to the current legislation, there are several options for how many weeks they go on maternity leave. Thus, the Labor Code provides the following opportunities:

  • In the presence of the first pregnancy, a woman can go on maternity leave from 30 weeks of gestation.
  • When diagnosing multiple pregnancy, it is possible to go on vacation from the 28-week period.
  • In the case of living in an ecologically unfavorable area, rest is expected from a 27-week period.

It should be understood that, according to regulatory legal acts, there is no difference in terms for the first, second and subsequent pregnancies.

In any case, a woman is supposed to rest from the 30th week. An exception to the rule is the regulation of the decree of women without a permanent place of work.

In their case, rest begins only after the birth of the child.

Often, women wonder how to go on maternity leave before 30 weeks.

Informative! about pregnancy and childbirth: how to calculate

It is important to remember that the beginning of the period is counted when the 30-week gestation period is reached. The only option for going on maternity leave before 30 weeks is diagnosis of multiple pregnancy or the fact of premature birth.

Please note that there is a way to speed up the long-awaited rest. They may take annual leave. All employees officially enrolled in the staff of the enterprise are entitled to rest of this kind. In order to exercise this right, the presence of previously unclaimed days of rest is required.

It is assumed that it is possible to independently determine the period of the onset of such a rest. Alternatively, a woman can postpone such a period at the time of postpartum recovery.

How long is maternity leave

How many days maternity leave lasts is influenced by the following facts:

  • the presence of an uncomplicated pregnancy;
  • official confirmation of the birth of two or more children;
  • diagnosis of delivery with complications.

In view of such aspects, the following duration of maternity leave is assumed:

  • 140-day period (includes 70 days before the expected delivery and 70 days after labor);
  • 194-day period (includes 84 days before the birth of the child and 110 days after the registration of this fact);
  • 156-day period (in the case of a caesarean section, the period is extended by another 16 days).

Taking into account the latest changes in the current legislation, it is planned to allocate such periods of leave for the bearing and birth of a child:

  • when diagnosing premature delivery (before the 30-week period), the decree begins from the moment the baby is born; its duration is 156 days;
  • upon confirmation of the fact of residence of a pregnant woman in an ecologically unfavorable area, the rest will be 160 days (the prenatal period will be 90 days).

A clear definition of the terms of the decree absent in case of artificial insemination.

With such a development of events, the medical institution independently determines the duration of the decree.

There is also a regulation of leave when adopting a newborn child. In this case, the rest will be represented by a 70-day period.

If more than two children were adopted, then the interval increases to 110 days.

  • the first day of the last menstruation (LTMP);
  • estimated date of birth (EDD).

By comparing them, the date of exit on maternity leave is calculated.

Note! The period of pregnancy and childbirth is indivisible. It is given to a woman at once and cannot be divided into parts.

Useful video: maternity leave

Conclusion

Pregnancy and subsequent labor activity require significant effort from a woman. To preserve women's and children's health, a pregnant woman is entitled to maternity leave. Depending on a number of conditions, there are different dates for the beginning and end of this period.

During pregnancy and after the birth of a baby, the expectant mother has many new worries. To save time and effort, many "activities" need to be thought out in advance.

Vacation is always a long-awaited and joyful event, especially if the vacation is maternity leave. It is provided to a woman so that the expectant mother can take a break from work, rest, gain strength and prepare for the birth of the baby. What does a woman need to know and do before going on such a vacation?

Registration of maternity leave: we get a "sick leave"

Every expectant mother must know the following by the time she goes on maternity leave: currently, maternity leave is issued at 30 weeks of pregnancy if a woman is expecting one child, and at 28 weeks if there are two or more babies.

In order to get maternity leave, you need to provide a temporary disability certificate (the so-called "sick leave") at the place of work or study. A pregnant woman receives a certificate of incapacity for work where she is registered - in a antenatal clinic at the place of registration (registration) or in a private medical center (in this case, the medical center must have a license to provide services to pregnant women and issue certificates of incapacity for work).

According to the Labor Code of the Russian Federation, the duration of maternity leave at the moment for a singleton pregnancy and childbirth without complications is 140 calendar days (70 days before childbirth and 70 days after childbirth), in case of complications during childbirth - 156 days (70 days before childbirth and 86 days after childbirth - an additional "sick leave" for 16 days is issued at the maternity hospital upon discharge), with multiple pregnancy and the birth of two or more children - 194 days (84 days before childbirth and 110 days after childbirth), Maternity leave is considered in total , includes the prenatal and postnatal periods and is provided to the woman in full, regardless of the number of days actually used before childbirth. That is, leave is provided immediately for a period of 140 calendar days (or more) and it does not matter how many days you used before giving birth. For example, if the birth occurred 10 days earlier than the term expected by the doctor and the prenatal leave was 60 days, the postpartum leave is automatically increased by 10 days, that is, it will not be 70 days, but 80.

If the birth is premature and occurred before, i.e. before issuing a certificate of incapacity for work for pregnancy and childbirth, and a live child was born, then a certificate of incapacity for work is issued by a medical institution (usually a maternity hospital) where the birth took place, for 156 calendar days.

It is necessary to clarify with your doctor in advance the date of leaving on maternity leave in order to slowly complete all current affairs at work, hand over all cases in advance and bring up to date the employees who will perform your duties during your vacation.

Having received a certificate of incapacity for work, you must carefully check all the data, the correct spelling of the last name, first name, patronymic, address and place of work. No more than two revisions are allowed in this document. Each correction must be certified by the phrase "to believe corrected", the signature of the doctor and the seal of the medical institution. Further, the disability certificate is submitted to the accounting department at the place of work.

birth certificate

Since January 2006, when going on maternity leave, pregnant women began to receive a special document - a birth certificate. It is designed to improve the quality of medical care for pregnant women and women in childbirth.

The expectant mother receives a birth certificate at a antenatal clinic (a state or municipal health institution that provides free medical care to women during pregnancy and has a license for medical activities in the specialty "Obstetrics and Gynecology") upon presentation of a passport or other identification document (for example, for for military personnel, this is an officer's identity card or a military ID, for expectant mothers under the age of 14 - a birth certificate), an insurance policy of compulsory medical insurance and an insurance certificate of compulsory pension insurance. If a woman does not have an insurance policy of compulsory medical insurance, an insurance certificate of compulsory pension insurance or a document confirming registration at the place of residence (stay), notes are made in the appropriate columns on the reason for the lack of documents. The time of issuance of the certificate coincides with the execution and is carried out in (in the case of multiple pregnancy - in) municipal health care institutions that monitor a woman during pregnancy and have an agreement with the FSS (Social Insurance Fund of the Russian Federation).

The birth certificate is completed by a doctor. It should be remembered that the birth certificate is received not by future children, but by a woman. Therefore, for any number of children, there will be only one certificate. A birth certificate is a document of strict accountability that entitles medical institutions to receive cash payments for pregnancy or childbirth. The birth certificate consists of several parts: a spine, four coupons and the birth certificate itself. The spine is required to confirm the fact of issuing the document. He remains in the antenatal clinic or the medical institution where the certificate was issued. When issuing the certificate, the antenatal clinic retains coupon No. 1. At the same time, the pregnant woman does not have the right not to give coupon No. 1, even if she is dissatisfied with the work of the doctor. Payment for coupon No. 1 is not made only if the woman received medical care on a paid basis. In the absence of identity documents, a birth certificate is not issued.

Coupon No. 1 of the birth certificate is intended to pay for services provided to the expectant mother on an outpatient basis. Coupon No. 2 of the birth certificate is intended to pay for services provided by the maternity hospital. The coupon is not paid only if a tragedy occurs (mother or baby dies) or if the birth was carried out on a commercial basis. Coupons No. Z-1 and 3-2 are intended to pay for dispensary observation of a child during the first year of life.

Another vacation plus maternity leave?
If you wish, you can arrange at work the next annual paid leave due to you and use it immediately before maternity leave or immediately after it, regardless of the length of service in this organization (that is, even if a woman has worked in this organization for less than 6 months, she has such a right). This right is guaranteed by Article 260 of the Labor Code of the Russian Federation.

A birth certificate with coupons No. 2 and No. 3-1 and 3-2 is issued by the antenatal clinic to the hands of a pregnant woman along with an exchange card for presentation to the maternity hospital and is with her until delivery. The fact of issuing a birth certificate is confirmed by an entry in the exchange and outpatient cards.

If for some reason a woman has not received a birth certificate, then no maternity hospital has the right to refuse her on the basis of the absence of this document.

Other documents

In order to slowly complete all current affairs, it is necessary to check with your doctor in advance the date of leaving on maternity leave.

Another document that can be obtained when going on maternity leave is a certificate of registration in the early stages of pregnancy (before). A woman can receive this certificate at the institution where she was observed during pregnancy, if she was registered before. The certificate, along with a certificate of incapacity for work, is provided to the accounting department. Based on this certificate, a lump-sum allowance is paid. The purpose of paying this allowance is to encourage pregnant women to apply to specialized medical institutions as early as possible, which should reduce the risk associated with pregnancy and childbirth, because early diagnosis and prevention of diseases is one of the main components of the birth of a healthy child. Unfortunately, at present the amount of this allowance is small - only 300 rubles.

The maternity hospital, the maternity ward of the hospital, information from the antenatal clinic about a pregnant woman is a document that is issued in and contains information about previous pregnancies, childbirth and the characteristics of the course of this pregnancy. The exchange card must always be carried with you. After going on maternity leave, at each visit to the doctor, blood pressure, weight, and test results are recorded in it.

When receiving any of the listed documents, you need to carefully check all the data entered in the documents. Any corrections must be certified by the signature of the doctor and the seal of the medical institution.

Marina Ershova
Obstetrician-gynecologist, Moscow

Discussion

what a pity that I did not read this article earlier, very useful, learned a lot, thank you!

Ekaterina, do students have maternity leave? I went to classes and received a scholarship every month for up to 8 months, and then I brought a certificate from the doctor and I was allowed to pass the session ahead of schedule. Has handed over, the summer has passed and again to study! Or are you talking about parental leave?

25.11.2008 17:31:21, Evgenia

I am a student, after the onset of 30 weeks I continued to attend classes. On this basis, I was denied maternity leave. is it legal?

11/11/2008 11:49:59 AM, faith

What should I do if my employer refuses to pay maternity leave? how can this be avoided

26.10.2008 01:14:59, Ekaterina

Since the spring of this year, the allowance for registration in a short time has been increased to 325.50 rubles. At first I received 300 rubles, and then I had to come again for this huge amount of 25.50 rubles.

Comment on the article "Maternity leave: settling the formalities"

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When to get maternity sick leave? Residential complex, maternity hospitals, courses, honey. centers. Pregnancy and childbirth. At work, just say that from December 3, going on maternity leave and that's it, they themselves know how to apply, then you will bring it as soon as you receive a sick leave. I'm on maternity leave next week...

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The current legislative framework of the Russian Federation (as amended at the beginning of 2018) does not use the concept "maternity leave". This expression is only a slang name common in our country for two types of vacation, following one after another, as a rule, without a break, and drawn up in different ways:

The procedure for applying for maternity leave

Sample application letter for maternity leave

An application regarding the need to go on maternity leave is absolutely no different from any other application act, and also has a standard structure:

  • “header” (upper right corner of the sheet), which indicates the name of the organization, last name, first name, and patronymic of its head, and in the same corner below, the last name, initials, position of the applicant should be indicated;
  • the name of the document, namely, the "statement", which is written without quotes in the middle of the sheet below the "cap";
  • the main text, which can be presented in an arbitrary format; the main thing is that the applicant is able to register a request for the registration of the leave she needs, its temporary boundaries and state a request for the appointment of one or another allowance;
  • all additional documents attached to the application are listed below (as a rule, these are the original sick leave issued by the medical institution and the original certificate issued at the antenatal clinic, which confirms the state of pregnancy);
  • in the lower right corner, the applicant puts the date of submission of the document, as well as his own signature.

After submitting the application and all necessary documents, the employer issues maternity leave order, an example of which is shown below.

Everyone has heard that sooner or later, the expectant mother goes on maternity leave or maternity leave. But even the pregnant women themselves do not have a very clear idea of ​​​​what it is - it seems that before childbirth and after them, you can not work for some time, plus you have to pay something else. In fact, there is no such term - "maternity leave" in our legislation at all. So the people call two types of leave - for pregnancy and childbirth and for child care. And they receive and pay for them in completely different ways.

Maternity leave - what period

According to the current legislation, you can go on maternity leave 70 days before delivery and another 70 days"rest" immediately after childbirth (140 days in total).

Also, another 16 days can be added to the vacation (and later necessarily paid) if the birth was difficult and difficult.

If the expectant mother is expecting twins or triplets, maternity leave will be increased to 84 days before the birth of the child and up to 110 days after the birth.

If a woman works or lives in an area that is considered radioactively contaminated, the prenatal leave will be 90 days before the birth and 90 days after it.

A pregnant woman before the start of maternity leave can take annual leave at work, which is still required by law, and it turns out that you can go on maternity leave before 30 weeks.

Maternity leave - who gets paid

It turns out that not every woman is paid maternity leave. It is intended for those expectant mothers who:

  1. They were officially working at the time of going on maternity leave.
  2. They were registered as an individual entrepreneur. At the same time, the amount of the benefit will depend on the specific amount that the mother transferred to the social insurance department.
  3. They were fired (or the organization was liquidated), but managed to get registered with their employment center even before going on maternity leave. In this case, you should apply for monthly payments to the department of social protection (USZN).
  4. Studied full-time - regardless of whether paid or free. Here the allowance will depend on the scholarship. You should apply for vacation pay at the dean's office of your university, college, technical school.

An important point: if the expectant mother does not have an official job, then, alas, she does not have the right to maternity benefits either.

Maternity leave - how to apply

1. To apply for maternity leave, you must first go to the antenatal clinic or medical clinic where the woman was observed and receive a disability certificate there. It is issued just at 30 weeks and immediately for the entire vacation period (that is, in the standard case for 70 + 70 days).

2. If the mother worked in different places for the last two years before the decree, then a certificate of income must be taken from each. If she worked in one place, then her income will be calculated at the last place of work. Then the certificate of incapacity for work, along with the passport, must be taken to the place where the vacation will be paid (to work, to an educational institution, to the department of social protection). In the same place, you should write an application for vacation, pay for it and wait for the company to transfer the money.

Maternity leave -how much will they pay

How much money will be given to mom for vacation will depend on the salary of the woman she received. The allowance is paid in the amount of 100% of the average earnings for the last two years, regardless of the length of service with this employer. You can calculate the approximate amount of the payment yourself, using the free benefit calculator on the official website of the Social Insurance Fund (FSS) of Russia. But in any case, in 2017 it will be no less than 40,504 rubles (the minimum amount) and no more than 266,191 rubles (the maximum amount).

Money for maternity leave (and in general any other official payments and benefits to pregnant women and childbirth) are not subject to income tax.

If a woman does not go on vacation, but continues to work and receive a salary, then she loses the right to pay maternity leave. The employer does not have the right to pay a woman a salary and pay for this vacation.

Parental leave - how much money

Immediately after the birth, the mother can take parental leave. Until the baby is 1.5 years old, she will receive an allowance in the amount of 40% of her salary for the last two years. The minimum amount of payment for parental leave up to 1.5 years is 3,000 rubles per month, and the maximum is 23,120 rubles 66 kopecks per month. But such a calculation will be only if the woman worked before giving birth. If the mother did not work before the decree and did not apply to the employment center, then she will also be paid parental leave for up to 1.5 years, but already at a fixed minimum value - 2908 rubles 62 kopecks per month. If a woman did not work before the decree, but applied to the employment center and receives unemployment benefits, then she will not be paid parental leave, because she already has another benefit.

From 1.5 to 3 years, a compensation payment is paid for a child, it is very small - only 50 rubles a month.

Holiday to care for the child -where to go

It is necessary to apply for these payments: for those who worked - to work, for students - to their educational institution, for the unemployed - to the social protection authority (USZN). If the mother decides to go to work, then, of course, she will not be paid for this vacation, but any family member (dad, grandmother, grandfather) who cares for the baby and sits at home with him can receive money for it.

In order for a mother to take parental leave up to 1.5 years in a standard situation, she needs to write an application for leave and pay for it; bring the child's birth certificate; a certificate from the father's place of work that he does not receive this type of allowance; if necessary - certificates of income from the previous place of work.

An important point: you need to take parental leave within 6 months after giving birth.

As you can see, working and well-earned women will receive more money for the decree, and this is absolutely fair. But non-working mothers are also entitled to at least some payments. Plus, there are other types of benefits.-a one-time allowance at the birth of a child (paid to absolutely all women who have given birth), regional payments, compensation if the mother’s enterprise was liquidated, and much more. All these nuances can be found in the social insurance fund or in the center of public services.

Photo - photobank Lori