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How many months do you go on maternity leave. What the Labor Code says: how many weeks go on maternity leave

The appearance of a baby is undoubtedly a very important event in the life of every family. At this point, substantial preparation is required. Pregnancy is a wonderful and, to some extent, a mysterious period in the life of any woman. The longest pregnancy in the world was a little over a year, to be exact - 375 days. The child was born completely healthy.

But the smallest in term, from which a healthy child was born, lasted 21 weeks and 5 days; the average duration of this period is 40 weeks. In the last weeks before childbirth, it is no longer so easy for a woman to perform her labor functions in the workplace. Therefore, expectant mothers use the opportunity to go on maternity leave to rest and prepare for the childbirth process, as well as to adapt in the postpartum period.

Below you can find out: for how long women go on maternity leave.

A woman is preparing to become a mother soon

What is maternity leave

Probably, there is no adult who does not understand what is at stake. Nevertheless, “maternity leave” is not defined at the legislative level. But it has stuck in the everyday life of our Russians and has in mind - maternity leave (leave for BiR). Its value depends on how the period of bearing the child proceeds, whether there are any complications, and how the process of childbirth itself goes.

The legislation assigns at least 70 days to the date of birth of the baby to stay on maternity leave and exactly the same number of days after. All this time is drawn up with a certificate of incapacity for work, i.e. sick leave, payment is made by the organization in which the woman works.

How many weeks do maternity leave

The gynecologist at the antenatal clinic where the pregnant woman is registered establishes a specific day of the month when maternity leave begins, based on the results of an ultrasound examination. Let's find out how long they go on maternity leave?

If the birth of one child is foreseen, in this case, a certificate of incapacity for work will be issued 70 days before the date set by the doctor, at 30 weeks of pregnancy according to obstetric terms.

Note! If two or more children are expected, then a woman becomes disabled 84 days before the birth of children, at 28 weeks.

Regardless of how many fetuses are carried, women who are in radioactively contaminated areas are issued a certificate of incapacity for work 6 days earlier - 90 days before giving birth, this is a 27-week period.

Duration of vacation in BiR

The vacation period lasts as many days as established by law, and does not depend on how many days the maternity girl used them before giving birth. It means that if a child is born earlier or later than the period specified by the doctor, the rest period will end in the number of days limited by law, regardless of how many days the woman was actually on sick leave.

Another baby appeared

The duration of the entire vacation is as follows:

  • 140 days during pregnancy, normal and without complications (in equal parts before and after, i.e. 70/70);
  • 156 days, if complications during childbirth are inevitable (premature, with obstetric surgery, if there is profuse blood loss, as well as other cases specified in the instructions for postpartum leave);
  • 160 days, if the woman's place of residence belongs to an area contaminated with radioactive waste (90 days before and 70 after childbirth);
  • 194 days in a situation when two or more children are being carried (84 calendar days before and 110 after).
  • 70 days of leave is granted to women who adopt a baby who is not yet 3 months old (postpartum part)
  • 110 days, the postpartum part, when a woman becomes an adoptive parent for two or more children.

If it happens that childbirth begins earlier than the deadline set by the specialist, in particular from 22 to 30 weeks, then the leave in BiR will have a duration of 156 days from the date of birth.

Vacation registration

At the 30th week or at the 28th week, depending on how many fetuses the pregnant woman bears, she needs to contact the antenatal clinic. The day of the start of the decree is determined by the doctor. On the day of admission, he fills out a woman's disability certificate for 140 days or for 184 days (if two or more children are expected to appear). Sick leave is "closed" in advance. If complications arise during childbirth, the doctor who delivered the child will extend it.

The next stage is that a woman comes to work with the aim of applying for a leave from the BiR.

Important! The employer has no right to refuse a woman the rest she is entitled to. In addition, you can separately file an application for the payment of her benefits for the BiR. Or, indicate this moment in your vacation application.

Sample application

A specialist from the HR department must check the correctness of the application.

On the basis of the application and sick leave, the director of the enterprise issues an order, which must be signed by the "maternity". A woman's signature is required to confirm that she is familiar with the order.

After the expiration of the period for which the sick leave was issued, the woman must take leave to care for a child up to 3 years old. The beginning of it will be, in case of registration, from the subsequent date indicated in the sick-list. Otherwise, the woman must go to work.

It is important that on parental leave until the child reaches 1.5 years, a monthly allowance will be paid, regardless of whether the woman was a working woman before giving birth. Depending on whether a woman works or not, the amount of the benefit will differ.

Payment of monthly benefits

To apply for this leave, the mother needs to submit to the personnel department a birth certificate of the child, as well as a copy of this document. Again, you need to submit an application. A subsequent order will be issued on the basis of these documents.

Note! Not only the mother, but also the father, and, if necessary, the child's relatives who will take care of the child have the right to be on parental leave.

When you can go on maternity leave earlier

Although, according to the legislation, the date for maternity leave is set from the 30th or 28th week of pregnancy. Circumstances may arise that the need for rest will arise earlier than the period specified by the doctor.

If there are any difficulties with health, you can go to an appointment with a district therapist, who has the right to write out a sick leave, which makes it possible not to go to work. If you have a specific disease, you can seek help from a specialist doctor.

Sick leave sample

Every woman who is in a position has the right to take out an annual regular vacation, which will last until the time she goes on maternity leave, and only then take a vacation in BiR.

Also, if a pregnant woman has health problems or there is a threat of premature termination of pregnancy, it is advisable for a woman to undergo treatment in a hospital or maternity hospital, and then take the main leave.

Are there any options to go on maternity leave later

The law determines that a woman has the right to go on maternity leave from the 30th or 28th week. Since this is a right, which is not the responsibility of a pregnant woman, there is an opportunity to go on vacation later. In addition, it is provided on the basis of not one certificate of incapacity for work, but also an employee's statement.

But the vacation itself cannot be shifted. It just turns out that there will be a decrease in the period by the number of days worked. A woman must be informed about her intention to continue to do work in the antenatal clinic in order to reduce the period of sick leave for working days. If, nevertheless, the future mother cannot work, then her doctor can restore the sick leave from the 30th week in hindsight.

Pregnant woman at work

At the same time, you need to know that when going on vacation later than the due date, part of the benefit that falls on vacation days that have not been used disappears. That is, a woman is entitled to a salary for the days worked, and the allowance is precisely for the days on which she will be on maternity leave.

Many employers, if a woman wants to work more than she should, take maternity leave, as expected from 30 weeks, and pay a bonus for the extra days worked, informally agreeing on this issue bilaterally. Officially, the employee does not work these days; her presence is not indicated on the report card. Thus, nothing seems to have been violated by the law.

Maternity allowance

BiR allowance is paid to a woman in a one-time amount for the entire vacation period.

Note! No fees and taxes are levied on sick leave in BiR.

Only women are eligible to receive benefits:

  • those who are officially employed;
  • unemployed (who lost their job due to the liquidation of the enterprise within 12 months from the date of their recognition as unemployed);
  • stationary students;
  • military personnel under contract;
  • women who are adoptive parents of a child.

The allowance is paid at the place of work, study, service. The dismissed are paid this allowance by the social security authorities at their place of residence.

Important! If an employee has been employed for the previous two years concurrently with two permanent employers, then each of the employers must pay her benefit.

Payment of the allowance is made at the expense of the FSS. On the portal of the Social Insurance Fund of the Russian Federation, using a special calculator, you can calculate the amount of benefits for BiR.

The amount of payment for maternity leave depends on the woman's salary for the last 2 full years before childbirth. So, for example, if an employee goes on vacation in the BiR in 2018, then 2017 and 2016 will be taken into account in the calculation of the allowance.

What is the amount of payments

The maximum amount of payments is calculated based on insurance premiums for previous years.

  • For 2017 - the insurance base does not exceed 755,000 rubles;
  • For 2016 - 718,000 rubles.

The maximum payments in 2018 are as follows:

  • 282,106 rubles * - 140 days of vacation;
  • RUB 314,347 * - 156 days;
  • RUB 390,919 * - 194 days.

To determine the amount of the benefit, the average daily earnings of an employee for 2 years is calculated. First, the wages for 2 years should be divided by the number of days (730 if the years are not leap years). Then, the average daily earnings are multiplied by the number of sick days.

Important! If a woman did not work for a couple of years preceding the decree, or her average earnings during this period were less than the minimum wage, then for calculating the allowance, her average earnings will be equal to the minimum wage.

There is a significant difference with the payment of other types of sick leave, payments for which depend on the length of service:

  • if the insurance experience is less than 6 months, then the amount of the benefit is calculated based on the minimum wage;
  • with insurance experience - up to 5 years, the amount of the benefit - 60% of the average earnings;
  • from 5 to 8 years old - 80%
  • if the insurance experience is over 8 years, then the allowance is 100% of the average daily earnings.

The minimum allowable amount of insurance payments is:

  • 28555.80 rubles * - if the vacation lasts 140 days;
  • 31819.32 rubles * - for 156 days;
  • 39570.18 rubles * - for 194 days.

For those who worked less than six months before maternity leave, the allowance will be accrued in an amount not higher than the minimum wage for each month of being on maternity leave. Those who live in places where regional coefficients are applicable (for example, in the Far North) will receive an allowance, the amount of which is multiplied by the corresponding coefficient.

Payments for the birth of a child

The employer must calculate the allowance no later than 10 days after the submission of the application and pay it on the next day the wages are issued.

The legislation of our country states that most of the child benefits can be issued by every adult who actually brings up a child. Most often, the biological mother is looked after by the baby, there are times when the father, grandmothers or other close relatives do it. It is necessary to know that payments under BIR are an exception to the general rules. Only the biological mother can receive them.

Every mom-to-be prepares for the birth process. Staying on maternity leave is necessary for both the expectant mother and the newborn. Therefore, it becomes necessary to possess information when a woman has the right to go on maternity leave, how many weeks they go on maternity leave, how long it can last and how it is paid.

* - The amount of payments is current as of August 2018

How many weeks they go on maternity leave is an important question, the answer to which is certainly of interest to many women, as well as their employers. We will try to provide the most comprehensive information.

Norms of legislation

Usually they go on maternity leave at the 30th week of pregnancy.

To answer the question of how many weeks they go on maternity leave, you first need to be clear about the terminology. If you look at what the law says on this topic, you will find that the term “decree” is not used in official documents.

In the Labor Code, such exemption from work is called a period of temporary incapacity for work due to pregnancy and childbirth. And although the duration of such "vacations" and the conditions for their provision are stipulated there, there is no talk of how many weeks they go on maternity leave. As well as about the payment of such a time interval - the Federal Law on Social Insurance and Benefits deals with the issues of benefits, since this is considered just an insured social event.

Procedure for granting exemption from work

To know which week they go on maternity leave, you need to understand how the mechanism for granting it generally works, what needs to be done, whom to warn and what documents to provide.

Since pregnancy and childbirth are a period of temporary disability, in order to draw up documents at work, you first need to obtain a corresponding certificate from a doctor. In principle, it is he who determines which week the maternity leave begins - according to the patient's state of health and the expected date of birth. Of course, if the employee does not register with a medical institution, her release will be formalized after the event in the maternity hospital - such cases are not uncommon.

General case

If the employee prepares her temporary absence from work “correctly”, then the mechanism is as follows:

  • registration with a medical institution)
  • examination by a doctor and a rough definition of which week to go on maternity leave)
  • issuance of sick leave with vacation dates)
  • registration at the workplace of an order for the enterprise and the transfer of documents to the accounting department or the settlement department to calculate the amount of the allowance.

Since according to the legislation a strictly defined number of days is issued, it is roughly established in how many weeks they go on maternity leave. Usually, the expectant mother leaves the workplace in the thirtieth week of pregnancy - or, in any case, it is planned so in the Labor Code, since there are seventy days of rest before delivery and seventy days after. The significant day itself, of course, is also included in the total number of unearned time period.

How can you “break up” maternity leave?


From what week the maternity leave on maternity leave depends entirely on her well-being

However, there is no strict limitation in the law on the question of which week of pregnancy to go on maternity leave. If there are no contraindications, circumstances force (for example, the amount of the benefit is much less than the salary) and the like, the employee can continue to go out to work until the very last moment. And all the eligible vacation days can be used later.

But it must be borne in mind that if after childbirth you want to use parental leave until the child reaches one and a half years, its period will be counted from the day recorded in the birth certificate and will not be added to the days due for pregnancy and childbirth.

Length of time off from work

The legislation also provides for a change in the timing of maternity leave in some circumstances, which, of course, can also affect the week from which they go on maternity leave.

So, for example, if complications arise during childbirth, an additional sixteen days are issued. Of course, it is better not to count on such, frankly speaking, not the most pleasant circumstances, but to know about it is necessary.

Also, the length of stay on legal rest increases if more than one child is expected. In this case, the period of how many weeks of pregnancy go on maternity leave changes slightly, and you can leave work already at the twenty-eighth week, and not at the thirty, as usual, since the total duration will be one hundred and ninety-four days. At the same time, the employer, as in all other cases related to pregnancy, has no right to force the employee to go out to work or fire her for not showing up at the workplace and refusing to perform her job duties.

In addition, upon leaving the maternity leave, the employee can safely take the most ordinary calendar leave (regardless of which week the maternity leave began with her), if, of course, she has not used it before.

Payment of benefits for temporary incapacity for work


The expectant mother decides when it is better for her to go on maternity leave

It is impossible not to mention the payment for the period of stay at home or in the hospital due to pregnancy and childbirth.

Regardless of what time the employees go on maternity leave, each used day is paid, as prescribed by law. That is, if all one hundred and forty or one hundred and fifty-six days are involved, they will be paid. If the employee takes only ninety days, the benefit will be paid for this period. If you need more days relying on the insured event, this period will be paid for in a different way - depending on the design.

Regardless of how many weeks the employee went on maternity leave, the allowance will be calculated based on the billing period and the average earnings for it. Of course, it may seem that if you work an extra week or two, it will affect the amount of payments, but in fact, not too much. For the billing period, take the last two fully worked calendar years. Therefore, even if you go to rest at the beginning of May of the current year, even in the middle or the end of this month, the previous worked year and one more before it will still be taken into account.

If the question of which week to go on maternity leave bothers you only by the fact that you can gain an extra hundred rubles, leave unnecessary doubts and feel free to leave your workplace - in a few days you will not fundamentally change anything.

We hope our article answered the question of how many weeks do you go on maternity leave in 2013.

In the current legislative framework of the Russian Federation (with changes that are relevant at the beginning of 2018), the concept is not used "maternity leave"... This expression is only a common slang term in our country for two types of vacation, following each other, as a rule, without interruption, and issued in different ways:

  • - is drawn up in the form of a fixed duration;
  • - granted for a longer period (until the child reaches 3 years of age) without interruption of work experience and work experience in the specialty.

General information

The right to receive maternity leave fixed in the Labor Code of the Russian Federation in Art. 255,. This right is reserved for all working women, including women in the military, the unemployed, female students officially recognized as unemployed or registered at the labor exchange, as well as women who work in the military as civilian personnel.

For the period of maternity leave, it is paid social security benefit, 100% of the average earnings of the expectant mother for the previous 2 full years.

The procedure for registration of maternity leave

Sample application for maternity leave

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

  • "Cap" (upper right corner of the sheet), which indicates the name of the organization, surname, name, and patronymic of its head, and in the same corner below the surname, initials, position of the applicant should be indicated;
  • the title of the document, namely, "statement", which is written without quotation marks in the middle of the sheet below the "heading";
  • the main text, which can be presented in any format; the main thing is that the applicant could register a request for the registration of the leave she needed, its time limits and state the request for the appointment of one or another benefit;
  • below are all the additional documents attached to the application (as a rule, this is the original sick leave issued by the medical institution and the original certificate issued by 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 her own signature.

After submitting the application and all the necessary documents, the employer issues maternity leave order, a sample of which is given below.

Pregnancy is a real miracle. And the birth of a baby is a huge work and joy for future parents. Ahead awaits pleasant chores associated with choosing a suitable name, buying clothes, baby cots, strollers and other important things. Future mothers know that after some time they will have to go to what month it will be possible to do this, the gynecologist will determine.

But first, a woman is faced with the responsible task of keeping the baby in health and tranquility, to bear the baby without troubles and illnesses. Constant and cardinal changes in the mother's body are transferred by everyone in different ways. Some find it easy to travel long distances, while others feel sleepy all the time, and fatigue builds up at lightning speed. It's more and more difficult to be at work, I want to walk more often in the fresh air. Women who give birth not for the first time already know from what month they go on maternity leave. The young and inexperienced are just beginning to think about and take an active interest in this issue.

Legal issues when going on maternity leave

More precisely, from what month they leave, thanks to modern medical research, you can find out after the first ultrasound examination. The doctor will look at and determine the approximate day of delivery as accurately as possible. Based on this, a provisional date for going on maternity leave will be established.

According to the labor legislation of the Russian Federation, a woman who is carrying a baby can go on legal rest, starting from the 30th week of pregnancy. A simple calculation will help her navigate and calculate the desired date. And happy mothers of future twins or triplets should know that they can go on maternity leave a little earlier. More precisely, from the 28th week.

In all organizations in the personnel department they know from what month they go on maternity leave, so it is enough to tell about the pregnancy and the date of birth. Next, you need to write a statement, on the basis of which the employer will have to pay the entire due amount of money to the future woman in childbirth in 140 calendar days. When several babies are expected at once, the calculation changes. Before giving birth, a pregnant woman is entitled to 86 days of rest, and after - 110. It is clear that the birth of a child is not always easy. So, for example, with a cesarean section, they pay additionally after giving birth for 16 days.

In some organizations, where "white" wages are minimal, it is not rational to go on vacation at the appointed time, but it is better to earn more. The calculation, regardless of the date of departure, will be calculated for 140 days, and in cases with twins or triplets - 186 or 196, respectively. Payments are made not by the organization, but from Therefore, most often the management does not care what month the future mothers go on maternity leave, despite the difficult financial situation of the present time.

How much does maternity leave

This year, the highest figure for receiving benefits will be 44,975 rubles. Since 2010, the increase has amounted to 9,729 rubles. This calculation has been carried out since 2011. The algorithm is simple:

1. The average salary (of course, official) for 24 calendar months is displayed.

2. The resulting figure is divided by 730.

3. The final total will be the result multiplied by 30.4.

There are also limitations. The maximum salary should not exceed 568,000 (data for 2013).

All working employees registered under an employment contract can receive benefits. If it so happened that a woman in a position was fired a month before going on maternity leave, then she retains the right to benefits. A pregnant woman who becomes unemployed due to the liquidation of the organization also has all the rights to receive the due legal money. But this is possible if more than 12 months have not passed since the termination of the firm's activities.

Often, a mother who is on maternity leave with her first baby, who is less than 1.5 years old, has a second one. And in this case, she is not deprived of benefits. Here the choice arises between receiving payments for maternity leave or benefits for the care of an older child.

If in the territory of your residence there is no such medical institution or the vacancy of a gynecologist is constantly empty, you can contact a family doctor, who is considered a general practitioner.

If the second is unavailable, you must take the document of interest from the local paramedic. The procedure for registration and going on vacation is confirmed by law in article 255 of the Labor Code of the Russian Federation. The sick leave itself is considered uniform and is issued once without the need for renewal and further filling. All the necessary records and calculations of the dates are made by the doctor himself. There are actually 2 options here:

  1. obstetric - established by a doctor on the basis of visual examinations, data clarification and several standard procedures;
  2. gestational - includes ultrasound readings, which are always 2 weeks apart from the first set date.

It is this state of affairs that allows, based on personal feelings and state of health, to draw a final conclusion. Your poor health will be most beneficially emphasized by the obstetric term, which gives you the right to start rest early. It should also be understood that the moment of countdown begins exactly from the day when you came to the doctor to register. So, if in the days of the week it fell on Thursday, then they will send you on Thursday, counting the required number of weeks. Knowing this nuance, you can independently predict the date in advance and choose the right time.

Having received this sick leave in your hands, you can safely go to the manager and write an application for going on maternity leave.

Ways to get on maternity leave ahead of schedule

Maternity leave is paid

Russian legislation quite clearly limits the specific periods of maternity leave for the expectant mother. It is not possible to change them. But in our life there are cases in which the state of health does not allow us to fully fulfill our own and continue to work in the same rhythm that was previously.

Even a difficult situation in the team or difficulties during movement make you subconsciously wish for an early vacation. But, if you think about the situation, you can find a completely legal way out. It is worth knowing that every employer is obliged to provide a woman with an annual one, which can be spent in 3 simple ways. Firstly, it is legitimate to take it right before the onset of the decree, secondly, immediately after the vacation, and thirdly, you can ask and take it at the end of the parental leave.

Even if the expectant mother has not yet worked the required 6 months in the organization, this still does not become an obstacle to resolving the issue. You can independently calculate the weeks in which you are supposed to go on maternity leave and write a statement to the employer indicating specific dates, adding to them the period of the annual statutory vacation.

If, nevertheless, the vacation has already taken off, and there is a need to go on maternity leave earlier, you can try to resolve the issue with the help of your leading doctor. The state of pregnancy itself is very precarious and complex. It often depends on stress, ecology and even low-quality products. Therefore, the opportunity to get treatment in a hospital or stay in it only during the day gives an official reason for being absent from the workplace.

Going on maternity leave after the due date

You can also go on maternity leave later than the due date.

Sometimes there are situations in which a woman feels quite comfortable and can continue to work without any restrictions. At this point, our legislation allows us to make its decision the main one. She may well refuse sick leave at her discretion.

Let's say, after 2-3 weeks, her decision still changes. Then, turning to the doctor, the expectant mother receives the necessary document with its retroactive design. The number of days left for her maternity leave remains the same.

If you very briefly and correctly evaluate everything related to maternity leave, you can draw the following conclusions:

  • Obtaining a sick leave according to Russian law is allowed only before the onset of childbirth. It is with the help of it that the vacation is issued and paid.
  • Presence at the workplace until the last day of pregnancy allows a woman to rely only on parental leave, and it will be impossible to return the already lost capacity of the unreceived benefit.
  • Even if you could not get sick leave on time, but only slightly delayed its terms, this allows you to go to the doctor, restoring your own rights. Only then will the document be issued retroactively.

An expectant mother is not allowed to immediately work and be on vacation, as well as receive benefits and. You must choose one thing. But, if you still manage to agree with the manager, then after the official release on maternity leave, you can perform official duties, receiving money for this in the form of your bonus.

For expectant mothers - advice from a lawyer in the video: