Leave before childbirth as it is called. The nuances of registration and calculation of payments from decree to decree

What types of maternity leave are provided for by the current Russian legislation, what is their duration and how payments are made during the period of parental leave - this will be discussed in today's article.

Parental leave in our country is usually called parental leave - the period granted to the mother, father or guardian of a child in connection with his birth. During such leave, not only the maternity office is retained, but payments are also made in accordance with labor and social security laws.

○ Timing: maternity leave before and after childbirth.

Parental leave should be distinguished from maternity leave. Firstly, a sick leave for pregnancy and childbirth is issued only to the mother of a child who is in a state of pregnancy. This period is also called maternity leave before childbirth - however, it is nothing more than a sick leave, issued to a pregnant woman for a certain period before childbirth.

As a general rule, sick leave is limited to 140 days - 70 days before delivery, and 70 days after delivery. The specified period of incapacity for work is paid in accordance with the legislation governing sick leave payments - that is, based on the woman's total length of service and her average salary.

The period of sick leave can be increased to 86 days after childbirth if the delivery took place with complications, which include a cesarean section. If the pregnancy is multiple, that is, twins, triplets or even more children are expected to be born, then the period of incapacity for work for pregnancy and childbirth will be 84 days before the date of birth and 110 days after.

Such a sick leave is issued in the antenatal clinic, in which a pregnant woman is registered. As a rule, the document is drawn up at 28 or 30 weeks of pregnancy, after which the sheet must be presented to the employer at the place of work of the expectant mother. I draw your attention to the fact that the sick leave must be issued correctly - otherwise there is a risk of non-receipt of payment or delay in payment of sick leave.

Leave to care for a child can just be granted immediately after the end of the sick leave for pregnancy and childbirth.

○ Benefits for pregnant women before maternity leave.

You should be aware that a pregnant woman cannot be dismissed at the initiative of the employer, has the right to receive annual paid leave before decree, cannot be sent on a business trip and be involved in overtime work.

○ How long do you pay for maternity leave:

✔ Up to 1.5 years old.

So, parental leave for a child under 1.5 years old should be issued at the place of work of a person who applies for such a leave.

By the way, the right to go on maternity leave can be exercised not only by the mother of the baby, but also by the father and even the grandmother.

As a rule, maternity leave up to one and a half years, in case the mother takes care of the baby, is issued immediately after the presentation of the sick leave to the employer for pregnancy and childbirth. To provide a vacation, it will be necessary to write a corresponding statement to the employer, and after that provide the personnel officers with a copy of the baby's birth certificate.

During the first year and a half of a baby's life, maternity parents or guardians may qualify for payment in 40% of the average monthly earnings.

The average monthly salary is calculated for 2 years, either prior to going on maternity leave, or for another period of similar duration. I will not delve into the calculation procedure - I will only say that the minimum amount of such a payment in the current 2015 is 2,718.35 rubles per month for the first child, and 5,436.67 rubles per month for the second and subsequent children.

If the person on maternity leave was not employed on the date of going on parental leave, such an allowance can also be obtained from the social protection authorities. To do this, you will need to present a copy of the work book, information on income and other documents, the list of which can be clarified in the social protection unit at the place of residence.

One important point should be taken into account - the payment of benefits for caring for a child under the age of 1.5 years does not begin with the birth of the baby, but from the date of the end of the sick leave for pregnancy and childbirth issued to the mother.

✔ Up to 3 years old.

At the request of the person on maternity leave, parental leave can be extended up to 3 years... The basis for granting such leave will be a personal statement of the maternity leave written to the employer or to the social protection authorities if there is no main place of work.

After the child reaches the age of one and a half years, the payment of benefits in the amount of 40% of the average monthly salary is terminated.

The amount paid during maternity leave from 1.5 to 3 years will be slightly more than 57 rubles per month - this is the amount established by federal law.

As a general rule, when a child reaches 3 years of age, a person on maternity leave must begin his or her labor duties. It is assumed that a child of this age should already get a place in a municipal or state preschool institution - in a kindergarten.

Hello! In this article we will talk about the concept of a decree and its design .

Today you will learn:

1. How and when the maternity leave is issued;
2. What documentation is collected for this;
3. How can you increase the time of maternity.

Waiting for the birth of a baby is an exciting event for every family. All relatives usually prepare for it. Information on how to properly issue a decree is important both for the newest mom and for the leaders. We will talk about this today.

The concept of maternity leave

In fact, there are 2 periods of time that are called maternity periods:

• Payable period before and after the baby is born;

There is no term "maternity leave" in its legal sense. This definition is understood as maternity leave, and then to care for the baby.

Periodicity

Since vacation is divided into several types, then its periods are also different. Let's dwell on this in more detail.

• Maternity leave... Before the date of delivery, it is provided for 70 calendar days and the same amount after them. If the birth was complicated: 70 days before the date of birth and 86 after them, if the pregnancy is multiple, then 84 days before the date of birth and 110 after them;
• Until the baby reaches one and a half years and three years.

Departure period on maternity leave

Most often, an employee informs the employer about her maternity leave much earlier than the preparation of documents needs to be started. Most of them are registered for a period of up to 12 weeks, and a special certificate is issued by the antenatal clinic. The woman gives this certificate to the employer.

As for the timing of care, this is 28/30 weeks of pregnancy. At the same time, a corresponding statement is being written.

Rules and terms of registration

First, the date on which maternity leave will begin and when it will end is determined. It begins from the date when the doctor writes out a certificate of incapacity for work to the employee.

To find out the end date, add 140 to the first non-working day. The date following the end of this time will be the start date of parental leave.

If a woman is expecting several babies, then her sick leave will be issued fourteen days earlier, and closed after 194 days.

Childbirth with complications is a special situation. In this case, the woman is prescribed an additional sick leave for a period of 16 days. It can be provided immediately after the allotted 140 days are over.

The employer does not have the right to, and the provision of vacation is his obligation.

Documents for registration of maternity leave

The employee submits a generated package of documentation to the HR department of her organization. Let's consider and give a brief description of this list.

A formalized certificate of incapacity for work.

The date from which the employee goes on maternity leave must at the same time be the date from which the sick leave is open.

Statement.

Be sure to make sure that it is filled in correctly: with the name of the organization, with the surname and initials of the employee herself.

She must indicate that she is asking for maternity leave and an allowance. You should also check that the maternity leave date and the date of return to work are correct.

Woman's passport.

Comments are superfluous here: it must be provided.

Certificate confirming income for 2 years that preceded the decree.

If a woman worked in another organization, then the certificate should be taken from there. If, for various reasons, it is impossible to obtain the data, a request is made to the FIU. It takes about 10 days to process, so make up with this time in mind.

When all the documentation is collected, an order is issued in a special form. As soon as the order is signed, the employee has the right not to fulfill her duties.

Is it possible to go on vacation before maternity leave

It happens that it becomes physically difficult for the expectant mother to work before the official date of the decree. For such situations, the law provides that the employer can provide the employee with another annual one. Its duration is standard 28 days.

A woman can use her right to such leave only if there are days of unused leave for the period worked. If the vacation is taken in advance, and the employee quit before leaving the decree, her vacation pay will be withheld.

Is it possible to work and be in preschool

If a woman wants to work at this time, she has such a right. But then sick days will be reduced, as well as maternity benefits. For those sick days that are not used, the employee will be paid only the due amount of salary.

There are, albeit rarely, managers who pay in full both salaries and maternity benefits. But this is rare, although you can defend your right to do so through the courts.

Husband leave registration

It is also worth following the advice of experts and deciding in advance who will fulfill the duties of the employee who has gone on maternity leave. Do not forget about the correct execution of all documentation and the necessary order.

The issue of maternity leave sooner or later concerns the majority of girls. Russian legislation regulates legal issues related to the leave of the expectant mother, the Labor Code.

Legislation

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You can also ask the employer to set up a part-time work week.

To do this, it is worth bringing to work or the place where the training takes place, a recommendation from doctors (it is received at the consultation department for women in the 30th week of pregnancy).

Maternity leave under the Labor Code of the Russian Federation

The right to receive leave is assigned to all girls who are on the staff of any organization.

Including, maternity leave is due:

• unemployed;
• military personnel;
• female students.

Registration

The algorithm for mom is quite simple and contains several steps:

1. Getting by a woman in labor.
2. A woman writes to her employer at work because of the approaching due date. The application is drawn up on behalf of the pregnant woman, signed by her personally. The text of the document can help to formulate an employee of the human resources department. The paper indicates the reason and the period of absence from the job.
3. It is necessary to write about the requirement for accrual of pregnancy benefits.
4. When all the documents are collected, an employee in the personnel department will sign an order to go on maternity leave, after which you can start resting, preparing for the birth of a child.
5. After the appearance of the baby, you need to collect documents for obtaining the right to parental leave and provide them to the employer with an application.

The documents

Provided by a woman in 2 steps.

For maternity leave and receiving benefits for pregnancy and childbirth, you need:

• certificate of incapacity for work;
• certificate confirming registration with the antenatal clinic;
• application addressed to the employer;
• a statement on the woman's profitability for a year of work;
• bank details or card number for transferring benefits.

After giving birth, you will need:

• identity documents;
• photocopies of the baby's birth certificate and its original;
• bank details or card number;
• statement.

Saving the workplace

The woman needs to inform the employer about the situation in which she is. However, there is no specific time frame in which this must be done.

Almost any woman on maternity leave is familiar with the fear of being fired. However, according to Russian law, it is prohibited to fire such an employee, otherwise the employer will be held accountable.

Duration

The Labor Code for 2020 sets standards that can be extended depending on the circumstances.

Extending or decreasing the period

Vacation dates for the expectant mother:

• 70 calendar days before the birth of one child;
• 84 days in case of pregnancy with more than one child.

After the appearance of the baby, a vacation of duration is also required:

• 70 calendar days for normal childbirth;
• 86 days with complicated;
• 110 days when two or more babies appear.

Under the Labor Code, maternity leave is provided in full, regardless of how many days were used before delivery.
The legislation does not directly regulate the timing of the reduction of maternity leave.

The reason for the reduction of the decree is the woman's desire to go to work as soon as possible.

The low size of the benefit paid in comparison with the salary can force you to leave the decree earlier.

A situation that can affect the reduction of vacation days is the termination of pregnancy or the death of a child within 6 days after birth. These cases give the woman the right to recover as long as she sees fit. The minimum period is three days.

Payment issues

Maternity leave is paid by the state. For vacation days, a girl receives an allowance corresponding to her average salary or a scholarship - for full-time students.

Unemployed girls are paid equal to the minimum wage.

In addition to relying on payments, you can count on:

1. One-time allowance when registering with a medical facility at 12 weeks of gestation.
2. Birth allowance payable once. You can issue it by providing a certificate from the registry office and a birth certificate.
3. Maternal capital at the birth of a second child.

Maternity allowance

The amount of the monthly benefit is calculated as follows: the wages of the last two years of work are summed up and divided by 24 months. All sick leave are deducted from the total amount.

Women who are self-employed can receive a minimum benefit.

For individual entrepreneurs, payments are calculated as follows:

• the total amount of the individual entrepreneur's profit is divided by 2 years;
• the amount received is divided by the number of days on which contributions to the Social Insurance Fund were made;
• the resulting coefficient is multiplied by the number of days of maternity leave of the woman.

Going to work

The main fears of women on the eve are the possible loss of qualifications and acquired skills.

In the company where the employee previously worked, changes could also occur: for example, a change in the team or work schedule.

The Labor Code regulates maternity leave and withdrawal from it, on the basis of Russian legislation, the need to issue a vacation order is established.

The employee returns to the place of work within the time period established by this order.

For the period when a woman is on leave with a child, in her place, performing her duties. An employment contract is concluded with a new employee, without discussing the date of completion of his activity. When the employee returns to work, the temporary employee is dismissed on the same day.

A woman who has returned to work is applying for the same position she held before she was fired.

When you go to work on a predetermined date, you do not need to write an application. If a woman goes to work ahead of schedule, she needs to discuss the date of her return with the employer and draw up a corresponding statement.

What is the employer not allowed to do?

The Labor Code of the Russian Federation implies administrative liability for those employers who violate the following rights of pregnant women and women with children:

1. Refusal to hire a woman who is pregnant or has a child under the age of 3 years. This may lead to litigation, as a result of which the unscrupulous employer will be obliged to pay a fine.
2. Dismissal by the employer of a pregnant woman, a woman with a child under 3 years old and a single mother with children under 14 years old also faces a fine. A good reason for dismissal is the liquidation of the company.
3. Sending pregnant women on business trips, engaging in overtime, and working on weekends and holidays can have consequences for the firm's management.

Maternity leave. How it is provided, how it is paid, what you need to know about and what to pay special attention to. Let's talk about this in the article.

What is maternity leave?

This means a period of temporary disability due to pregnancy and childbirth. Sometimes this term also means the release from childcare, but this is not entirely correct even for the colloquial name.

Maternity leave conditions

Of course, since it is provided for pregnancy and childbirth, the main condition for receiving it will be pregnancy. But this does not mean that the employer will immediately willingly sign the corresponding statement only on the basis of the words of his employee, no matter how much he trusts her. There is a certain procedure approved in legislative acts, and it must be observed.

As with any leave you need:

• basis - in this case it is a sick leave)
• employee statement)
• order for the enterprise.

The order on the granting of maternity leave will be issued only if there is a certificate of temporary incapacity for work, which can only be issued by a specialist of the relevant medical institution.

When is maternity leave granted?

Usually a sick leave prescribes to leave the workplace at about the thirtieth week of pregnancy. If the pregnancy is multiple, disability is announced from the twenty-eighth week.

In addition, a situation may arise when an employee cannot or does not want to take full advantage of the days assigned to her before delivery. If there are no contraindications, you can continue to work even until the very last day, you just need to document it accordingly.

How many days does maternity leave last?

According to the Labor Code of the Russian Federation, in general, female employees are entitled to one hundred and forty calendar days: seventy before delivery and the same after. In fact, it is not at all necessary to split the relying time period strictly in half, you can do it as conveniently as possible, but the total duration remains unchanged. That is, if the employee took ninety days before delivery, after them she will be able to use only fifty, not seventy.

Maternity leave for multiple pregnancies

In the case of multiple pregnancies, the law provides for an additional fourteen days. Moreover, even if this nuance was not identified during the examination, the days may be issued later, already upon detection.

Maternity leave with twins

If two children are born (as well as three or more), an additional forty days are provided. As above, they are provided regardless of whether it was known in advance that more than one child was expected or not.

Complicated childbirth

The calculation of maternity leave is made on the basis of sick leave and application

It also provides for the provision of sixteen additional days of rest if childbirth is complicated. In such cases, an additional order for maternity leave is issued or changes are made to an order already issued for the enterprise.

Maternity leave upon adoption

According to article 257 of the Labor Code, seventy days of leave are also issued upon adoption - they are counted from the baby's birthday. If two or more children are adopted, one hundred and ten days are given, as in the case of the birth of your own child. Exemption from work until the adopted children reach one and a half or three years is issued in the same way as in the case of native babies.

How is maternity leave calculated?

According to the order of the Ministry of Health and Social Development No. 255 of December 29, 2006, upon release from work due to pregnancy and childbirth, social benefits are due. It is calculated based on:

• worked out billing period)
• average daily earnings)
• the total duration of the period of temporary disability.

Settlement period

According to the legislation, maternity leave pay is calculated on the basis of a certain time period that an employee worked at her enterprise and for which she received a salary subject to taxes and social contributions. According to the rules currently in force, for the billing period they take the last two calendar years and deduct from them all the days on which they did not pay or paid wages in part. That is, all business trips, vacations and the like.

Average daily earnings

It is calculated for the worked out billing period. If, for example, an employee goes to give birth in 2013, 2011 and 2012 are taken for the billing period, then the salary will be taken into account for 2011 and 2012. To find the average daily amount, all payments added together are divided by the exact number of days worked - and you get the desired one.

Every day - and the calculation of maternity leave is made according to the sick leave and the application, we recall - is paid in the amount of the average daily earnings.

Women's rights on maternity leave

As with any other leave, the employer does not have the right to fire a maternity employee. He also has no right to demand from her to go to work, reduce the period of stay at home and fulfill urgent production tasks.

In addition to the vacation allowance, a woman is also entitled to a one-time state payment for the birth of a child, and when registering for medical records before the twelfth week - an additional incentive amount.

In addition, maternity leave is an opportunity to receive a regular calendar immediately after it, if it has not been used earlier - the employer is obliged to provide it out of turn and pay in full. After the birth of the child, the employee also has the right to ask to be transferred to part-time work or to be allowed to work at home - in connection with caring for the child, but without formalizing the official parental leave.

Waiver of maternity leave

Let us remind you once again that the employer has no right to demand that the employees give up their vacation and reduce it. But at your own request, you can draw up a minimum period of release from work - for this you need to write a statement and coordinate your intention with the management.

Maternity leave up to three years

After the birth of the child and until the day of his third birthday, you can arrange a stay at home to care for him. To do this, you must provide the employer with a copy of the birth certificate and write an application.

To receive benefits (which is forty percent of the average monthly salary up to one and a half years and fifty rubles in subsequent months), you must provide the Social Insurance Fund with the same copy of the birth certificate, a certificate from the spouse's place of work that he did not issue such same vacation.

You can register half of this period for the mother, and the other half for the father, or grandmother, or grandfather. The procedure and payments remain the same, no matter which family member remains at home.

Is it possible to switch from parental leave to maternity leave?

Often there are cases when an employee, looking after a child at home, until he is taken to kindergarten, becomes pregnant again. In this case, a new exemption from work for pregnancy and childbirth is issued on a general basis.

Maternity leave up to 6 years

If the child is often sick (there must be at least five visits to the polyclinic per year), you can take an exemption from work until he reaches six years of age. It is provided on the basis of medical records, examination of the child by a medical commission and in agreement with the employer.

The employee retains the place and the right to go to work, but this period is not paid in any way. In addition, leave is not issued immediately for all years - once a year it will be necessary to re-pass the medical commission to extend it.

Maternity leave up to 14 years old

The legislation does not provide for such a concept. According to Article 128 of the Labor Code, it is possible, by agreement with the employer, to issue a very long leave without pay and work experience, but in practice, hardly any of the leaders of the enterprise will go for this.

• HR administration

Keywords:

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What is maternity leave

The Labor Code does not know such a concept as maternity leave. This is a common expression. The legislation operates in two concepts: maternity leave and parental leave. From these periods of legal absence from work, maternity leave is formed.

How long is maternity leave? Maternity leave, in accordance with labor legislation, is a certain time interval (2 months) before childbirth and about the same after the birth of a child. This leave is issued with a sick leave, which, like any sick leave, is paid at the place of work. Only the woman who is preparing to have a child can go on leave related to pregnancy and childbirth.

Parental leave is a time of absence from work due to the need to care for and care for a child of younger preschool age. They go on parental leave on the basis of their own application addressed to the head of the organization. Not only the mother of the child can go on such a leave, but also the father, as well as, if necessary, other relatives who are actually caring for the child.

How many days does maternity leave last

Most often, women leave for sick leave for pregnancy at 30 weeks. Sometimes such a vacation occurs at 28 weeks if the birth of several children is predicted, and at 27 weeks if the pregnant woman lives in an ecologically unfavorable area. The law refers to such areas the territories exposed to radiation contamination after the disaster at the Chernobyl nuclear power plant and at the Mayak production association. In Art. 255 of the Labor Code provides for the following periods for the duration of leave in connection with pregnancy and childbirth:

• 140 days (70 days before the expected date of birth and 70 days after) for uncomplicated pregnancy;
• 194 days (84 days before the birth of the child and 110 after), if several children are expected to be born;
• 156 days if the birth was complicated.

However, an analysis of the legislation in force in 2017-2018 allows us to determine several more time periods for the duration of the leave associated with pregnancy and the birth of a baby.

1. If the birth of a child occurred earlier than 30 (28 or 27) weeks, when they go on maternity leave, then the vacation begins from the baby's birthday and lasts 156 days.
2. If the expectant mother lives in an area contaminated with radiation, then her pregnancy leave will be 160 days.

Leave associated with pregnancy and childbirth is given immediately for the entire period and is not divided into parts.

Don't know your rights?

Length of parental leave

A mother who has been on maternity leave can take parental leave immediately after the end of the sick leave, because one cannot be on sick leave and on leave at the same time. It is important to know that leave is not automatically granted and to use it, you need to write an appropriate application at work.

Also, according to the application, any other family member can take leave related to caring for the baby if the mother cannot take care of the child.

The legislation provides for the duration of maternity leave until the child reaches 3 years of age. At the same time, only the first 1.5 years of vacation are paid at the federal level. Payment for the time of caring for a baby under 3 years old is provided in some regions of the country, but, as a rule, these are benefits for third and subsequent children in low-income families.

The popular opinion that it is possible to remain on parental leave until 6 years old if, for example, the child is often sick, or even up to 14 years old, if the child is disabled, is mistaken. For the care of disabled children, the law provides for 4 additional paid days off per month (Art. 262 Labor Code). Also, labor legislation provides for the possibility of including in the collective agreement of the organization the rights of certain categories of citizens with children to receive, upon personal application, up to 14 days of unpaid leave (Art. 263 of the Labor Code). But these preferences have nothing to do with maternity leave.

Options to extend or reduce maternity leave

Thus, from the above, it can be seen that the Labor Code provides maternity leave from 30 (28, 27) weeks of pregnancy. Its maximum duration is until the child turns 3 years old. However, life situations, like people, are different. Someone wants to go on maternity leave faster, someone wants to work longer. This is not to say that taking maternity leave is a woman's responsibility. You don't have to walk and thus reduce your maternity leave. But it must be remembered that in this case, as a rule, a significant amount of maternity benefits will not be paid. If you go on maternity leave later, you won't be able to gain much either, since the sick leave is issued from the date when the right to go on maternity leave comes (30, 28 or 27 weeks of pregnancy).

You can shorten your maternity leave by interrupting your parental leave and going to work.

IMPORTANT! If you leave the parental leave before its legal end to work on a part-time basis, then the right to childcare allowance will remain, it will continue to be paid. You can interrupt maternity leave and go back to work and then go back to parenting leave as many times as you want until your child is 3 years old.

You can increase the time spent on maternity leave by adding regular annual leave to maternity leave. Art. 260 of the Labor Code contains the obligation for the employer to provide annual leave to the expectant mother before or after maternity leave or after parental leave.