Leave before childbirth 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.

Maternity leave in our country is called parental leave - the period provided to the mother, father or guardian of the child in connection with his birth. During such a leave, not only the maternity leave job is preserved, but payments are also made in accordance with the norms of labor legislation and social security legislation.

○ Terms: maternity leave before and after childbirth.

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

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

The sick leave period can be extended up to 86 days after childbirth if the delivery took place with complications, which include caesarean section. If the pregnancy is multiple, that is, the birth of twins, triplets or even more children is expected, then the period of disability 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 the 28th or 30th week 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 paying the sick leave.

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

○ Until how much maternity leave is paid:

✔ Up to 1.5 years.

So, leave to care for a child under 1.5 years old should be issued at the place of work of the person who claims such 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 presenting the sick leave to the employer on pregnancy and childbirth. To grant leave, it will be necessary to write an appropriate application to the employer, and after that, provide personnel officers with a copy of the baby’s birth certificate.

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

The average salary per month is calculated for 2 years, or preceding the maternity leave, or for another work period of a 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 2718.35 rubles per month for the first child, and 5436.67 rubles per month for the second and subsequent children.

If the person on maternity leave was not employed on the date of the parental leave, such benefits can also be obtained from the social security authorities. To do this, it will be necessary 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 must be taken into account - the payment of benefits for caring for a child under the age of 1.5 years does not begin from the birth of the baby, but from the date of termination of the sick leave for pregnancy and childbirth issued to the mother.

✔ Up to 3 years.

At the request of a 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 security 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 of payment during maternity leave from 1.5 to 3 years will be a little 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 their labor duties. It is assumed that a child at 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 does maternity leave take place?
2. What documentation is collected for this;
3. How can you increase maternity leave?

Expecting 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 most newly-made mother and for leaders. This is what we'll talk about today.

The concept of maternity leave

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

• The payable period before the child was born and after that;

The term "maternity leave" in its legal sense does not exist. This definition refers to maternity leave, and then to care for the baby.

Periodicity

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

• Maternity leave. Prior to the date of delivery, it is provided for 70 calendar days and the same amount after them. If the birth took place with complications: 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 child reaches one and a half years and three years.

Maternity leave period

Most often, an employee informs the employer of her maternity leave much earlier than you need to start preparing documents. Most of them are now registered for a period of up to 12 weeks, a special certificate is issued by the antenatal clinic about this. The woman gives this certificate to the employer.

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

Rules and terms of registration

First, the date on which maternity leave begins and when it ends is determined. It starts from the date when the doctor writes out a disability certificate to the employee.

To find out the date of its end, you need to add 140 to the first day that is non-working. The date that follows the end of this time will be the start date of the parental leave.

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

Births that took place with complications are a special situation. In this case, the woman is issued an additional sick leave for a period of 16 days. It can be provided immediately after the required 140 days are over.

The employer does not have the right to, and providing leave is his responsibility.

Documents for registration of maternity leave

An employee submits a completed documentation package to the personnel department of her organization. Consider and give a brief description of this list.

Formed certificate of incapacity for work.

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

Statement.

Be sure to make sure that it is filled out correctly: indicating 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 benefits. You should also check the correct date of release on maternity leave and the date of return to work.

Woman's passport.

Here comments are superfluous: it must be provided.

Certificate confirming income for the 2 years that preceded the decree.

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

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.

Can I 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. Its duration is the standard 28 days.

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

Is it possible to work and stay in DO

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

There are, albeit rare, managers who pay in full both salaries and maternity payments. But this is a rarity, although you can defend your right to it through the judiciary.

Leave for husband

It is also worth following the advice of specialists and deciding in advance who will perform the duties of an 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 most girls. Russian legislation regulates legal issues related to the vacation of the expectant mother, the Labor Code.

Legislation

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

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

Maternity leave according to 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.

This includes maternity leave:

• 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 at work in the name of the employer due to the approaching due date. The application is drawn up on behalf of the pregnant woman, personally signed by her. The text of the document can help formulate an employee of the personnel department. The paper indicates the reason and period of absence from the workplace.
3. It is necessary to write about the requirement for accrual of maternity benefits.
4. When all documents are collected, an employee in the personnel department will sign an order to go on maternity leave, after which you can begin to relax, prepare for the birth of a child.
5. After the birth of the baby, you need to collect documents for obtaining the right to parental leave and provide them to the employer with a statement.

Documentation

Provided by a woman in 2 stages.

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

• disability certificate;
• certificate confirming registration in the department of antenatal clinic;
• application addressed to the employer;
• an extract on the profitability of a woman for a year of work;
• bank details or card number for transferring benefits.

After childbirth, to apply for a leave allowance for caring for a baby, you will need:

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

Job Saving

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

Almost any woman leaving on maternity leave is familiar with fears about being fired. However, according to Russian law, it is forbidden to dismiss such an employee, otherwise the employer will be held accountable.

Duration

The Labor Code for 2020 establishes standard ones that can be extended depending on the circumstances.

Extension or reduction of the period

Vacation terms for the expectant mother:

• 70 days according to the calendar before the appearance of one child;
• 84 days if pregnant with more than one child.

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

• 70 calendar days for normal births;
• 86 days for complicated;
• 110 days with the appearance of two or more babies.

According to the labor code, maternity leave is granted in full, regardless of how many days were used before childbirth.
The legislation does not directly regulate the terms for reducing maternity leave.

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

The low amount of the benefit paid compared to the salary can also force you to leave the decree earlier.

A situation that may 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 for as long as she sees fit. The minimum period is three days.

Payment questions

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

Unemployed girls receive equal to the minimum wage.

In addition to the entitlements, you can count on:

1. A one-time allowance when registering in a medical institution at the 12th week of pregnancy.
2. Birth allowance paid 1 time. You can issue it by providing a certificate from the registry office and a birth certificate.
3. Maternity capital at the birth of a second child.

Maternity allowance

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

Women self-employed may receive the minimum allowance.

For sole proprietorships, payments are calculated as follows:

• the total amount of IP 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 the woman is on maternity leave.

Exit to work

The main fears of women in anticipation are the possible loss of qualifications and acquired skills.

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

The labor code regulates maternity leave and exit from it, on the basis of Russian legislation, the need to issue an order for leave 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 vacation 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 an employee returns to work, a temporary employee is fired on the same day.

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

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

What is an employer not allowed to do?

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

1. Refusal to hire a pregnant woman or a woman with a child under the age of 3 years. This may lead to litigation, as a result of which the unscrupulous employer will be required to pay a fine.
2. The 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 threatens with a fine. A valid reason for dismissal is the liquidation of the company.
3. Sending pregnant women on a business trip, engaging in overtime activities, as well as working on weekends and holidays is fraught with consequences for the company's management.

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

What is maternity leave?

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

Conditions for maternity leave

Of course, since it is provided for pregnancy and childbirth, the main condition for obtaining it will be pregnancy. But this does not mean that the employer will immediately willingly sign the corresponding application 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, the following is required:

• basis - in this case, it is a sick leave)
• employee statement)
• company order.

An order to grant maternity leave will be issued only if there is a temporary disability certificate, which can only be issued by a specialist from the relevant medical institution.

When is maternity leave granted?

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

In addition, a situation may arise when an employee cannot or does not want to use the days before childbirth in full. If there are no contraindications, you can continue to work, albeit until the very last day, only you will need to document this accordingly.

How many days is maternity leave?

According to the Labor Code of the Russian Federation, in the general case, employees are entitled to one hundred and forty calendar days: seventy before childbirth and the same number after. In fact, it is not at all necessary to break the due time period strictly in half, you can do it as it is more convenient, but the total duration remains unchanged. That is, if an employee took ninety days before giving birth, after them she will only be able to use fifty, not seventy.

Maternity leave for multiple pregnancies

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

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 whether or not it was known in advance that more than one child was expected.

Childbirth with complications

The calculation of maternity leave is made according to the sick leave and the application

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

Maternity leave for adoption

According to Article 257 of the Labor Code, when adopting, seventy days of vacation are also given - they are considered from the baby's birthday. If two or more children are adopted, they give out one hundred and ten days, as with the birth of their own child. Exemption from work until the adopted children reach one and a half or three years old are 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 12/29/2006, upon release from work due to pregnancy and childbirth, social benefits are due. It is calculated based on:

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

Billing period

According to the norms of the legislation, maternity leave is calculated on the basis of a certain time period that the employee worked at her enterprise and for which she received wages taxed and social contributions. According to the current rules for the billing period, they take the last two calendar years and subtract 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

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

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

Rights of a woman on maternity leave

As with any other vacation, the employer does not have the right to dismiss the employee on maternity leave. He also has no right to demand that she return to work, reduce the period of stay at home and perform 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 leave immediately after it, if it has not been used before - the employer is obliged to provide it out of turn and pay in full. After the birth of a child, an employee also has the right to ask to be transferred to a part-time job or be allowed to work at home - in connection with caring for a child, but without taking official leave to care for him.

Cancellation of maternity leave

Recall once again that the employer does not have the right to demand from employees the refusal of vacation and its reduction. 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 a 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.

In order to receive benefits (which amount to monthly forty percent of the average salary up to a year and a half 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 stating that he did not issue such a certificate there. same vacation.

You can issue half of this period to the mother, and the other half to 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 on pregnancy and childbirth is issued on a general basis.

Maternity leave up to 6 years

If the child is often sick (at least five visits to the clinic per year must be recorded), you can take an exemption from work until he reaches the age of six. 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 a place and the right to go to work, but this period is not paid in any way. In addition, vacation is not issued immediately for all years - once a year it will be necessary to re-pass a medical commission to extend it.

Maternity leave up to 14 years

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 vacation without pay and seniority, but in practice, hardly any of the company's managers will do this.

• HR records management

Keywords:

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What is maternity leave

The Labor Code does not know such a thing as maternity leave. This is a household expression. Legislation operates with 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 period (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 herself, who is preparing to give birth to a child, can go on maternity leave.

Parental leave is a period of absence from work due to the need to care for and take care of a child of primary 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, but also the father, as well as, if necessary, other relatives who are actually caring for the child, can go on such a vacation.

How many days is maternity leave

Women go on sick leave for pregnancy most often 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 that were 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 of leave in connection with pregnancy and childbirth:

• 140 days (70 days before due date and 70 days after) for uncomplicated pregnancy;
• 194 days (84 days before the birth of the child and 110 after), if the birth of several children is expected;
• 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 before 30 (28 or 27) weeks, when they go on maternity leave, then the vacation starts from the day the baby is born and lasts 156 days.
2. If a mother-to-be lives in an area contaminated with radiation, then her maternity 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 you cannot be on sick leave and on vacation at the same time. It is important to know that vacation is not granted automatically and in order to use it, you need to write a corresponding application at work.

Also, according to the application, any other family member can take the leave associated with 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 up to 3 years is provided in some regions of the country, but, as a rule, these are benefits for the third and subsequent children in low-income families.

The popular opinion that you can stay on parental leave until the age of 6 if, for example, the child is often sick, or even up to 14 years if the child is disabled, is wrong. For the care of disabled children, the law provides for 4 additional paid days off per month (Article 262 of the Labor Code). Also, labor legislation provides for the possibility of including in the collective agreement of the organization the right of certain categories of citizens with children to receive up to 14 days of unpaid leave upon personal application (Article 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 foregoing, 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 is 3 years old. However, life situations, like people, are different. Someone wants to quickly go on maternity leave, someone wants to work longer. It cannot be said that going on maternity leave is a woman's responsibility. You can not go, and thereby reduce maternity leave. But it must be remembered that in this case, a significant, as a rule, amount of maternity benefit will not be paid. If you go on maternity leave later, you won’t be able to win much either, since 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 with your application and returning to work.

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

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