How long do they go on maternity leave. How many weeks do they go on maternity leave? Prenatal and postnatal leave

14.06.2019

As soon as a working woman finds out about pregnancy, the expectation of the decree becomes no less impatient than the thirst for meeting her own child. And the point is not that the work is bored or become a burden, it's just that the expectant mother is beginning to be interested in completely different things. That is why the employer should not be annoyed when answering the employee's question, what time do they go on maternity leave in Russia?

What is maternity leave and who is it entitled to?

Immediately after the employee informed about her interesting situation, the team and the management mentally remove her from their own ranks for at least one and a half to two years, formulating this in one phrase - maternity leave. In fact, Russian legislation does not contain such a concept. There are two types of leave for the expectant mother: first for pregnancy and childbirth, and then for caring for a newborn, Art. 255 and art. 256 of the Labor Code of the Russian Federation.

Determining how long they go on maternity leave, and its duration, is within the competence of doctors, but it cannot exceed 194 days. The duration of the second part can be regulated by the woman herself, she has the right to go to work almost immediately after the birth of the child, or enjoy the role of the mother around the clock until the third birthday of the baby. All this time, she is guaranteed to retain her place and position, Art. 256 of the Labor Code of the Russian Federation.

Naturally, only a woman can get maternity leave, but any family member can show the willingness to take care of the baby:

mother or adoptive parent;
father, grandmother or grandfather;
another relative, if the parents are unable or unwilling to take on this function;
guardian.

We should also dwell on the adoptive parents. grants them the right not only to full-fledged leave to care for their adopted baby, but also to part of the pregnancy and childbirth period. A woman who has adopted a child less than 70 days old may, instead of a vacation, ask to write her a certificate of incapacity for work for the same period, Order No. 719 (for working adoptive parents).

Regardless of when they actually go on maternity leave, the duration of the prenatal and postnatal periods is not reduced.

When do they go on maternity leave?

Every woman, even without being pregnant, knows that the decree comes at about seven months. Few people delve into the norms of the Labor Code of the Russian Federation before the doctor turns guesswork into firm confidence, but it is the doctor who most often becomes the first to tell a woman how many weeks they go on maternity leave.

The time of preparation for childbirth and the first weeks after the lawmakers called leave, rather because pregnancy cannot be qualified as an illness, but the employee, whatever one may say, loses her ability to work. However, the right to decide on the day of the beginning of such a period was still left to the doctors. At the same time, they are guided by Order 624n and issue a sick leave on the date when one of the events occurred:

gestational age has reached the full 30 weeks (date of hospital discharge 30 weeks + 1 day);
the term of multiple pregnancy has reached 28 weeks (a certificate of incapacity for work must be issued the next day);
childbirth happened prematurely between 22 and 30 weeks (the BIR leave will start counting on the baby's birthday).

If a woman gave birth to a child much earlier than planned, she will be provided with all the calendar days of incapacity for work provided for her case (minimum 140, maximum 194). A separate case is childbirth up to 21 weeks. Then the woman in labor does not receive the right to leave, the sick leave will last exactly as many days as it takes to restore the woman's health.

How to calculate the date of maternity leave?

The stories that you can deceive a doctor and thereby influence the date when you can go on maternity leave remained relevant only for memories of Soviet medicine. In modern Russia, research methods can determine the age of an unborn baby with an accuracy of one day.

Based on the words of the pregnant woman, the observations of the gynecologist and the data of the ultrasound protocols, they determine not only the expected date of birth, but also the day of the beginning of the leave on the BIR. Since the discrepancy, usually, is only a few days, then a woman, as a rule, does not have any difficulties with how to calculate on her own when to go on maternity leave? With a standard pregnancy, you can go for a certificate of incapacity for work the very next day after the thirtieth week.

It will be more difficult for those women who decided to postpone the preparation for childbirth and missed a visit to the doctor. Under the pretext of well-being, some of them decide to work longer in order to improve their financial situation by postponing maternity leave dates.

In this case, it must be remembered that the doctor cannot reschedule the start date of maternity leave, even if the pregnant woman refused to receive sick leave or came for it with a delay. In such situations, the procedure provides for the possibility of issuing a document on incapacity for work "retroactively". That is, the date of receipt of the sick leave will be indicated by the actual, but the start date of the decree must coincide with the day of expiration of 30 (sometimes 28) weeks. Such a certificate of incapacity for work does not entail disciplinary action against a late employee, especially if she spent all this time at the workplace.

The employer must remember that he can either pay for the working hours, or calculate the maternity allowance for these days. It will be illegal to receive two types of payments in one period.

How to properly arrange maternity leave?

Correct and timely paperwork is relevant only for an officially employed woman. Compliance with simple instructions on how to go on maternity leave from work will allow them to avoid unnecessary overwork in their situation and receive all the benefits provided by law.

In a simplified form, the sequence of actions is as follows:

It is necessary to contact the local antenatal clinic and register as soon as the employee found out about future motherhood.
After receiving an exchange card, a woman can ask the gynecologist for a certificate of the gestational age (it may be required in the personnel department if a fixed-term contract is concluded with the employee or it was planned to be reduced, Article 261 of the Labor Code of the Russian Federation).
It is advisable to visit a doctor regularly and not miss scheduled check-ups. This is especially true of the day when the doctor must write out a certificate of incapacity for work for the BIR leave.
With a sick leave in her arms, a woman can write an application for maternity leave and benefits on the same day. Delays in writing a statement will oblige a woman, firstly, to continue working, and secondly, to reduce payments for the prenatal period.

As soon as the certificate of incapacity for work is handed over to the accounting department, and the signature is put on the order, the employee gets the right to no longer appear at the workplace.

The speed of payment of benefits, to some extent, will depend on the promptness of the accountant and the desire of the director. But this should happen no later than 25 days from the date of the application of the pregnant woman (Law 255-FZ gives the employer 10 days to process sick leave and accrue benefits, and a maximum of 15 days to pay it on the next date the wages are paid at the enterprise).
Upon expiration of the BIR leave, it is imperative to notify the management of the new mother's further plans: the desire to continue caring for the child up to 1.5 or 3 years old or immediately resume work.

A pregnant woman needs to remember not only about which week they go on maternity leave, it is important to know that in Russia for those who have issued an exchange card up to 12 weeks, a payment from the state is provided. From February 1, 2018, it will be 628.47 rubles.

Without a personal statement, even if there is a document from the antenatal clinic, the management will have no reason to issue an order on BIR leave.

Is it possible to go on maternity leave earlier and how?

Cases of increased efficiency in expectant mothers happen much less often than situations when a pregnant woman is burdened by the need to visit work every day. Therefore, more often a woman is looking for a way to go on maternity leave earlier. Unfortunately, there are few options here and success in the search awaits only those who objectively require medical intervention.

In fact, there is no reason for the doctor to move the start date of the BIR leave to an earlier date under any circumstances. You can shorten the work period if:

the pregnant woman convinced the local therapist that she was not feeling well, and he wrote her a sick leave for 10 days of outpatient treatment;
the expectant mother and child are threatened with premature birth, then the obstetricians will hospitalize her until her condition improves, and a certificate of incapacity for work will be issued for a period of up to 30 weeks;
on a routine examination, it was found that the pregnancy is multiple, then the decree will be issued at 28 weeks;
the eldest child fell ill, because a working pregnant woman retains the right to receive an exemption from work if there is a need to care for a sick family member under 14 years of age, Law No. 255FZ;
write an application for annual paid leave, the employer has no right to refuse this request, even if the woman has not yet worked a full year, art. 260 TC.

As you can see, there are few legal ways to go on maternity leave early without objective medical evidence. But for those who are really burdened by their labor duties, you can use the right to switch to part-time work, Art. 93 of the Labor Code of the Russian Federation.

How is the decree paid?

Material security is not the last question that appears when a woman goes on maternity leave. In this regard, the calculation of payment does not differ from that which is applied for a regular sick leave. According to Resolution No. 375, income for the previous 24 months (2 full years of employment with this or other employers) must be divided by 730 (731 for a leap year) days and multiplied by the duration of maternity leave.

An unpleasant surprise awaits those who did not register with the consultation until the birth. If the woman in labor does not have an exchange card, then she will not be paid for 70 days of the prenatal period.

If the employee got a job relatively recently, then a statement of income from the previous employer must be attached to the application for the payment of benefits.

How long does the decree last?

The expectant mother is interested not only in how many months they go on maternity leave, but also in its duration, and, accordingly, in the amount of the allowance. Depending on how many children should be born and how the birth itself will go, the BIR vacation can be:

Since in case of complications in childbirth, additional vacation days are laid, it is useful for pregnant women to know what this concept includes:

multiple pregnancy;
surgical intervention;
severe diseases of the heart, blood vessels, liver, as well as postpartum diseases;
great blood loss;
premature birth;

Pregnancy is a wonderful and troubling time at the same time. The last thing is if the employer complicates this period for a woman, forcing her to work more or depriving her of legal rest. In order for an employee to feel more confident in an interesting position, the legislator has provided for several “reinforced concrete” norms in the Labor Code of the Russian Federation.

https://youtu.be/a5U4b9Hh4hc

Lawyer of the collegium of legal protection. He specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

Every working woman is entitled to maternity leave.

In accordance with current legislation, they leave for a child at the end of pregnancy.

The length of maternity leave depends on certain factors.

Most people also refer to maternity leave as maternity leave, which begins after the 30th week of pregnancy (seven months).

The periods of maternity leave are characterized by different lengths and, accordingly, different monetary payments:

In accordance with current legislation, maternity leave, which begins at the 30th week of pregnancy, must last 140 days. This is due to the fact that a woman must be on leave 70 days before and after giving birth.
In the event of any complications during childbirth, the leave is increased to 86 days.
If a woman has two or more children, her postpartum leave is automatically extended to 110 days.

The duration of a woman's leave in connection with the birth of a child in the Russian Federation. After the birth of the child, the mother is entitled to maternity leave to take care of the child, the duration of which can be 1.5 or 3 years. In the absence of a mother or

deprivation of her parental rights to care for the child may be his closest relative. To achieve this goal, he can go on maternity leave instead of his mother for 1.5 or 3 years.

Parental leave begins immediately after the end of the maternity leave. The duration of this leave is one and a half years. During this period, the mother should receive social assistance in the form of forty percent of her salary. The amount of aid is calculated using a special formula. After the baby reaches 1.5 years of age, the mother can extend the maternity leave until the child is three years old. During this period, the amount of payments is significantly reduced.

On maternity leave, the newly-made mother goes through several stages. This allows her to calculate the allowance as correctly as possible. By dividing maternity leave into certain periods, various conflict situations can be avoided (for example, continued payment of maternity leave after the death of a son or mother, deprivation of her parental rights, etc.).

What is the right way to go on maternity leave?

In order for the expectant mother to go on maternity leave, it is necessary to write an application to the personnel department in advance. In this case, you should provide a sick leave, which was issued by a doctor in an antenatal clinic. To issue a sick leave, a pregnant woman must undergo a medical examination.

During the period of maternity leave, a woman does not receive a certificate of incapacity for work, since she leaves for it to care for a child. To do this, you just need to write an application to the employer. During this period, the mother is completely healthy, but goes on vacation due to the child's need for continuous care.

The payment of the maternity allowance is based on the wages of the pregnant woman. The allowance limit is 207,123 rubles for the entire vacation period. Every day a pregnant woman will receive an allowance in the amount of 1,479.45 rubles. The amount paid is only forty percent of the amount paid for pregnancy and childbirth.

In accordance with current legislation, during the maternity leave, the mother retains her place of work.

Sick leave benefits are paid by the employer.

At the end of the term of the employment contract, a woman can be laid off during maternity leave. Also, the reduction of a woman who is on maternity leave can be made in accordance with the termination of the enterprise. At the same time, the woman will continue to receive benefits from the Social Security Department. His sum will be almost half the size.

For pregnancy and childbirth, a pregnant woman receives one amount. Childcare allowance is a monthly social assistance. Only women who have officially worked for at least six months can receive maternity benefits. Also, the payment of benefits is made to those female representatives who received a scholarship or were registered at the local Employment Center.

Absolutely all women who were registered in the antenatal clinic can receive childcare benefits. They can be replaced by any family member only if there are very good reasons for this. If the childcare allowance is issued for another person without good reason, then this will be punished by law. A female representative can withdraw from the decree before the specified age. In this case, payments for child care will be terminated.

As mentioned above, the duration of maternity leave is one and a half years. If necessary, a woman can increase it until the child is three years old. At the same time, the amount of the payment due to her will significantly decrease. Any other family member can receive payments in the event of a mother's illness. For their registration, it is necessary to submit to the center of social services documents on the degree of relationship with the child, as well as the sick leave of his mother.

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Every expectant mother should have complete information on how and when to go on maternity leave. Such cases need to be organized in advance and not rushed, and many women simply do not know how many weeks they go on maternity leave in 2016. Most have heard more than once about such a concept as maternity leave, clearly representing at the same time any period of time when it is allowed not to go to work and you can stay at home. From this point of view, maternity leave looks exactly like this, but from the legal point of view, it is a slightly different concept.

Maternity leave

Maternity leave(maternity leave) - leave granted to working citizens for a specified period of time before and after the birth of a child. Officially authorized and paid maternity and childcare leave. It is provided to all women who are expecting, or have already given birth to a baby. The duration of maternity leave is not less than 140 days, but it is also possible to go on maternity leave to care for a child for 1.5 or 3 years.

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Paid by the employer in the same way as normal working days, while maintaining the position held by her, wages and jobs, up to the official termination of maternity leave and return to work.

How many months do they take?

They go on vacation at the 7th month of pregnancy.

According to the Labor Code of the Russian Federation:

if the pregnancy is singleton, then the employee is sent on maternity leave for 30 weeks;
if the pregnancy is multiple, then the care will be for 28 weeks;
if the employee is recommended constant care and rest during pregnancy, then she may leave several months earlier.

Who is eligible?

All working women, regardless of age or position, have the right to decree. It can also be reached by women studying in secondary specialized and higher educational institutions. Naturally, the decree does not apply to girls who did not work anywhere before pregnancy and childbirth, as well as those who were not registered at the employment center.

Main types

Maternity

The duration of maternity leave is 70 days before delivery and 70 days after delivery. It is divided, in turn, into two periods:

Prenatal.
Postpartum.

Prenatal care is provided at a time when it is not easy to go to work with a big belly and perform any actions, but it can have a negative impact on future childbirth and development of the baby.

In the case when her health does not allow her to bear the baby, and at the same time fulfill her work duties, she can go on maternity leave from the first months of pregnancy, which requires an appropriate conclusion from the attending physician. Prenatal leave is a paid leave, the woman's workplace is retained for her. Prenatal leave cannot last less than 70 days, but, as mentioned above, it can exceed the specified time.

The duration of the postpartum period is also at least 70 days.... Cases are not excluded when, after returning from maternity leave, the workplace occupied by a woman is abolished, because some young mothers prefer not to delay postnatal leave and go to work as soon as possible after the birth of a child.

For child care

It is also divided into 2 stages:

Leave to care for a child up to one and a half years.
Parental leave up to 3 years old.

The first stage is paid that is, a woman who has given birth has every right to be at home, next to the baby, and at the same time receive benefits.

The second stage is not paid. In fact, a young mother has the right to stay at home with a child up to 3 years old, but payments of benefits stop as soon as the child reaches one and a half years old, except for cases when a woman is raising a disabled child alone, is a mother of many children, a disabled person of 2 and 3 groups, has other benefits that do not allow her to be deprived of maternity benefits for caring for a child under 3 years old.

In principle, it is up to the woman herself to decide to go to work, or whether she is at home until the time comes to send the child to kindergarten, but for some mothers this is a forced measure, due to the lack of places in kindergartens for children who are not yet able to take care of themselves on their own. take care.

It is worth noting that a woman who is on maternity leave for a child up to 3 years old and wants to go to work after this period of time, the employer is obliged to provide her previously occupied place or position, with an equivalent wage.

Length of Maternity Leave: Additional Cases

Under some circumstances, beyond the control of the woman herself, the duration of the maternity leave may be increased.

So, an increase is allowed when:

Multiple pregnancy. A multiple pregnancy is when a woman gives birth to 3-4 or more children at the same time. Childbirth with multiple pregnancies is almost always difficult, so a woman can leave them for a long time. In addition, caring for several children at the same time is extremely tiring and takes up all the free time of a young mother, in such conditions she simply cannot fulfill her assigned work duties. Postpartum leave period - 84 days.
Childbirth with complications. The period of postpartum leave during childbirth, with possible complications, is not less than 86 days... Complications are considered any deviations from the norm that arose during the birth of a child, whether it be irregular contractions, or the birth of a post-term baby.
The birth of several children at the same time. According to the Marriage and Family Code, a woman who has given birth to twins has the right for 110 days paid vacation ”.

Documents for registration

In order to go on maternity leave to a woman, you must provide a package of documents:

Temporary disability certificate. You can get it at the clinic from your gynecologist.
An employee's statement about the desire to go on maternity leave. The application is submitted to the directorate, no later than 1 month before going on maternity leave.
Generic certificate. A birth certificate is a special document that is issued to a woman in labor who is in the 30th or 28th week of pregnancy and is a kind of bond worth up to 100 thousand rubles. The purpose of issuing a birth certificate is to cover most of the material costs of a woman associated with preparing for childbirth and childbirth itself. The certificate consists of three parts, each of which is intended to pay for the services of a medical institution that monitors pregnancy and the subsequent birth of a healthy child. You can also use the birth certificate to pay for medical services provided to mother and child in the first year after birth. A birth certificate is issued to all women registered with the antenatal clinic.
Certificate of early registration. The sooner a woman registers at a polyclinic, the better, as this guarantees her early receipt of benefits intended to support the pregnant woman, to buy the necessary vitamins and medicines.

How not to be deceived?

So, you are pregnant and your employer is clearly not to your liking, since he not only loses a valuable employee for an indefinite period, but also has to pay wages without getting the results of work. It's no secret that as soon as it becomes known about her pregnancy. It is not uncommon for young women to be refused to hire, motivating the refusal with a possible pregnancy. Understanding this, young women should not be afraid, and clearly realize that not to hire, fire, or refuse to pay maternity payments, the employer has no right.

During pregnancy, or while caring for a child, she cannot not only be fired, but also cut her wages. Any changes can occur at the enterprise - a change of owner, a change in the nature of production, a change in the name, but the woman's workplace and the salary due to her, according to the position held before the decree, remains unchanged.

Exceptions are cases of closure or complete reorganization of the enterprise, and even then, in these cases, care for the future mother, who is on maternity leave, is entrusted to the state social service.

It is important to understand that the successful outcome of pregnancy depends on the fair sex herself, so she should not overwork herself with work, work after hours and on weekends. An employer has no right to force a pregnant woman to work in excess of the prescribed working time.

It is extremely important for young mothers to understand that they should not be afraid of going on maternity leave, the workplace, wages, and the position, too, will be retained. If the employer evades obligations, it is possible to sue him, calling him to account under the law. The only way out for the employer would be to offer the employee to take a similar position, with an appropriate salary.

The need to correctly calculate which week they go on maternity leave exists for the employee and for the employer who is happy with the unexpected news. A woman needs to understand from what day she can stop working in order to fully focus on the birth of a baby. The employer should prepare for a long absence of the employee to minimize the inevitable costs.

It is necessary to distribute the duties of the maternity among the remaining subordinates, or to take on the vacated place of another person. Making the right decision requires knowing the exact start date of maternity leave.

Calculation rules

When calculating when employees go on maternity leave, it should be understood that such a term does not exist in the law. At the household level, a decree means the total period of absence of a woman from the workplace in connection with the coming and coming motherhood. From the point of view of labor law, "decree" consists of two leaves:

the first - for pregnancy and childbirth (BIR);
the second is for childcare.

Part of the BiR leave falls on the prenatal period. It starts 70 days before the child's expected birthday. After the appearance of the baby, the woman takes maternity leave - the remaining 70 days. Full maternity leave is 140 days. Not working days are counted, but calendar days.

A 140-day maternity leave is given to an employee if the childbirth took place in a standard manner, without complications. A woman's maternity leave in Russia is increasing (article 255 of the Labor Code):

in case of pregnancy with more than one child - 84 days before birth / 110 days after the birth of a baby;
in complicated pregnancy - 70 days before birth / 86 days after the birth of the baby.

The duration of maternity leave depends on the place of residence of the woman in labor. If the expectant mother is in a settlement with an unfavorable radioactive background (due to the accident at Mayak or Chernobyl), the prenatal part of the due leave will be 90 days.

The employer must be prepared that the employee not only wants to give birth to a child, but also to adopt someone else's child. Foster parents are also entitled to maternity leave. The decree is given to women who take a baby into the family no older than 2-3 months.

The leave of the female employee in BiR will begin on the day of adoption and end on the 70th day of the child's life. For how long foster mothers go on maternity leave depends on how many days the baby is on the date of official adoption. If a woman becomes a mother to two or more babies, maternity leave will end on the 110th day from the moment the babies are born.

Who calculates the "decree"

Obstetricians have established an average gestation period of 40 weeks (or 280 days). From what week expectant mothers go on maternity leave, it is clear from the content of the law. A woman's 70 days of prenatal leave are exactly 10 weeks. A simple deduction shows: an employee has the right to go on maternity leave from the 30th week of pregnancy.

Mathematics will tell you how many months they go on maternity leave: 280 days of pregnancy - 70 days of leave according to BiR = 210 days. Dividing the resulting number by 30, it turns out: the vacation will come 7 months after the start of pregnancy.

The obstetrician-gynecologist will deal with the calculations of the first day of the decree, the employer does not need to count anything. First, doctors set the date of pregnancy. For how long women go on maternity leave depends on the way it is determined. According to medical rules, the doctor fixes the date of the onset of pregnancy, applying:

or obstetric term - from the last female cycle;
or gestational age - according to the results of an ultrasound scan.

The difference is 2 weeks. The gestational period begins to run with a 14-day "delay". It is beneficial for full-bodied employees who want to work longer. Women whose pregnancy is not easy, and they want to go on maternity leave early, are in a hurry to take advantage of the obstetric term.

From the beginning of pregnancy, 280 days are counted. The resulting date is the baby's estimated birthday. 10 weeks before giving birth to a pregnant employee, the doctor opens a sick leave. Previously, the woman presents to the gynecologist a civil passport, policy, SNILS. Sick leave is issued for the entire period of vacation. You need to renew it only in unforeseen cases.

How to go on maternity leave

For how long they go on maternity leave, the law defines unambiguously. Its beginning depends on the doctor, not on the employer. The latter will have to let go of the employee by paying the money owed: allowance, salary for hours worked, etc. Certain steps will be required to issue a decree from female workers.

When female employees go on maternity leave, they need:

at the 30th week, visit a gynecologist and open a sick leave (with multiple pregnancies - 28th week);
write an application addressed to the manager on granting leave for the biological and educational system for a period specified by the doctor, attaching to it:
1. sick leave;
2. a certificate from the antenatal clinic on timely registration;
3. a copy of the passport of a Russian citizen;
4. bank account details for transferring benefits;
include in the vacation application a requirement to accrue benefits;
sign the order, indicating in the document the start date of the decree.

If a woman needs to leave earlier than the due date, she has the right to first take advantage of the usual leave - to take it off before the start of the decree. Or, you can take unused annual leave at the end of your 140-day period.

Sometimes women cannot or do not want to go on maternity leave on time. Especially when pregnant workers are forced to take care of themselves and the child alone. In such situations, the question is often asked: is it possible to go on maternity leave later? The workers have the right to “late” maternity leave. If they go to a consultation, the hospital doctor will still issue it strictly 70 (84) days before the expected birth. But a woman who wants to work does not submit the document to the accounting department until she decides to temporarily leave the job. The employee continues to work, receiving a salary, and after the delivery of the sick leave, she will begin to receive benefits.

You can go on maternity leave later in a different way: the employee takes leave on time, for the 30th week, and the employer writes out a bonus for the time actually worked (after passing sick leave).

Legislation reliably protects the interests of expectant mothers from the arbitrariness of the authorities. Women are sent to rest by doctors, not by employers. Managers cannot prevent an employee's unwanted departure on maternity leave.