Maternity leave(BiR, in everyday life just decree) is an social guarantee for working women, as well as for those undergoing military or equivalent service under a contract. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and devote time to the newborn.

Right to maternity leave enshrined in Art. 255 of the Labor Code (LC) of the Russian Federation (No. 197-FZ of December 30, 2001). The law states that the decree is accompanied by the payment of social security benefits.

• B&R leave is granted both for native (born) children and for adopted children under the age of 3 months.
• Do not confuse maternity leave (maternity leave) and childcare leave up to 1.5 years old. In a legal sense, these are completely different periods.

A feature of maternity leave in Russia is that it can be issued only woman.

• Sometimes they write or say that dad can be sent on maternity leave. This implies Holiday to care for the child, but not according to BiR.
• According to Art. 123 of the Labor Code of the Russian Federation, for the period of the wife’s decree, a man can only be provided out of turn annual paid vacation.

New law No. 201-FZ dated June 29, 2015, amended the conditions for granting maternity leave for fixed-term employment contract. If earlier the employer was obliged to extend the contract with the employee only for the period of pregnancy until the birth of the child, now the woman is provided with the statutory postnatal leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of the decree).

How many weeks is issued

The period at which a woman can legally go on maternity leave - 30 weeks. To go on vacation, you need to get maternity sick leave from the doctor. The document will indicate the start and end dates of the decree.

In some cases, set other terms decree execution:

• 27 weeks - for expectant mothers living in a certain area contaminated due to the accident at the Chernobyl nuclear power plant, the Mayak plant and some others.
• 28 weeks - with multiple pregnancy.
• If a woman has premature birth between 22 and 30 weeks - from the date of birth.

An obstetrician-gynecologist does not have the right to open a sick leave date later than the beginning of the 30th week of pregnancy. However, the woman herself has the right to go on maternity leave later - this must be indicated directly in the application for this leave.

In particular, it may be in the interests of a woman to postpone the start date of the decree - if it falls at the end of the year, it is sometimes more expedient to postpone it at the beginning of next year despite several lost days payable on sick leave. This is done to be used as a calculated current calendar year- as a rule, more profitable in terms of earnings.

How many days is legal

According to Art. 7 of the Law on State Benefits No. 81-FZ of May 19, 1995, as well as other regulatory documents, the duration of maternity leave in 2018 may vary. The number of days of the decree depends on the place of residence and work of the woman, the characteristics of the course of childbirth, the number of children born.

• Vacation in BiR is divided into two conditional parts - prenatal and postnatal. The number of days for each of them is counted by a gynecologist from the expected date of birth.
• If the child is born earlier, anyway, as a result, the woman will be given total number of days maternity leave.

Below is the duration of B&R leave before and after childbirth for different categories of women.

Maternity leave table

For pregnant women who live or work in contaminated areas, maternity leave extended by 20 days due to the prenatal period. In accordance with the law No. 1244-1 dated May 15, 1991, during this period, it is planned to conduct their rehabilitation outside the contamination zone before delivery.

For woman, adoptive baby under the age of 3 months, the duration of the decree may be shorter:

• The leave begins to be counted from the day when the court decision on adoption comes into force.
• The decree lasts until the expiration of 70 calendar days after the birth of the baby (or up to 110 days after the birthday of the adopted twins).

Making maternity leave

To go on maternity leave, a pregnant woman must provide the employer sick leave from an obstetrician-gynecologist and write statement about your desire to take a vacation in BiR. It is important for the employee to take maternity leave for two reasons:

• to get a B&R allowance;
• to follow her job was saved for the period of maternity leave, as well as the subsequent care of a child up to 3 years.

Instead of the application and the hospital personnel department provided by the woman, the personnel department issues her a notice-receipt of the acceptance of documents (written in free form, the second copy remains with the organization).

The start date of the decree may coincide with that indicated on the disability certificate, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the decree itself will not be postponed to a later date, but will be reduced, since it will end no later than the date indicated in the sick leave.

Decree sick leave

Disability certificate issued on official letterhead, approved by the order of the Ministry of Health and Social Development of June 29, 2011 No. 624n. It is a document of strict accountability and has a unique number. The first part of the form is filled in medical institution, the second (for calculating maternity benefits) - employer women.

Basic requirements for filling out sick leave (valid for both the doctor and the employer):

• Cells are filled with large printed Russian letters and numbers, which should not go beyond the cell.
• Entries can be made on a printer or handwritten with a black gel, fountain, or other pen (but not a ballpoint pen).
• Any blots, strikethroughs and errors are prohibited. Even with one strikethrough, you need to change the form and rewrite it all over again.
• The name of the employing organization can be written in full or abbreviated form (if such a form is provided for by the constituent documents).
• If the inscription (name of the enterprise, surname of the doctor and others) does not fit in the line, it is simply interrupted in the last cell.

The employer must carefully check the correctness of filling out the sick leave, because the FSS may not accept an incorrectly completed document. Correctly and finally completed sick leave is transferred to the accounting department for the calculation of B&R benefits.

• If an error is found, the disability certificate is returned to the woman, who must re-apply to the medical facility for a new document.
• An incorrect name of the insured organization is not considered a mistake, because the FSS can recognize it by its registration number.

Application for maternity leave

The application is the main reason for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Certain information must be included in the document. These include:

• Details of the organization, full name of the head.
• Full name of the employee without abbreviations (you can also indicate the position).
• Details of an identity document.
• Information about the place of registration and residence.
• Please provide leave for BiR.
• Request to pay maternity allowance and a one-time allowance for registration in early pregnancy (optional).
• Desired method of receiving benefits, card details.
• The number and date of the sick leave according to BiR.
• Signature of the employee, last name and date of filling out the application.

Being on maternity leave is the basis for assigning a woman a maternity allowance. In this case, most often one combined application is filled out - both for vacation and for payments for it on sick leave.

Order for maternity leave

After the application and the sick leave were received from the woman at the place of work, the personnel department of the enterprise forms maternity leave order. The form of the document is not clearly regulated by law; as a basis, one can take unified form No. T-6 or develop your own.

The order must contain the following information:

• name of the insurer;
• date and document number;
• Full name of the employee, personnel number, name of her position and structural unit;
• type of leave (for pregnancy and childbirth);
• grounds for granting the decree;
• vacation start and end dates, its duration;
• Full name of the head of the organization, his signature.

Employee familiarizes with the order without fail, signed and dated. Ideally, she is provided with a copy of the document. After that, it is written on the order that he is sent to the personal file of the employee.

On the basis of the order, data on the decree are entered into the personal card (form No. T-2) of the employee. The fact that a woman is on leave for BiR is reflected in the time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

BiR leave is paid in full, from the first to last day. The allowance is transferred at the same time at the woman's expense for the entire period.

The main criteria for calculating payment for maternity leave:

1. For each full month of the decree, a woman is entitled to an amount equal to 100% of the average monthly earnings in the organization for the last two calendar years (Article 11 of Law No. 255-FZ of December 29, 2006).
2. With very little or no earnings, as well as with work experience in the organization up to 6 months. calculation and payment is made according to the current value of the minimum wage (minimum wage). From February 1, 2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
3. The maximum amount of payment is regulated using the bases for calculating insurance premiums. The incomes of the worker for a certain year are compared with their values.

If there are several employers for whom a woman has been working for more than two years, the decree is paid each of them. At the same time, the payment for child care can be issued only with one of the insurers.

Maternity leave is paid only if sick leave has been granted not later than six months after the end of the decree. Otherwise, the woman may need to prove her eligibility for the B&D benefit in court.

Calculation of maternity leave

Calculation of maternity leave allowance bookkeeping is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct Payouts") according to the established procedure. This takes into account the following data:

• The total earnings of a woman for the two calendar years preceding the maternity leave. For those whose maternity leave will begin in 2018, 2016 and 2017 will be calculated.
• The length of the calculation period (in 2016-2017 - 731 days).
• The number of days "falling out" of the billing period due to being on sick leave, parental leave, etc.

Maternity leave is calculated in the following order:

• the exact number of days in the billing period is calculated (outliers are subtracted from 731);
• the average daily earnings are found (the total income for two years is divided by the number of days calculated in the previous paragraph);
• the size of the lump sum is found (the average daily earnings are multiplied by the number of days of maternity leave, which is taken from the sick leave).

The amount of the allowance must fit within certain limits. In 2018 for 140 days of vacation minimum maternity allowance is 43,615.65
rub. (at the rate of 9,489 rubles for each full month), maximum- RUB 282,106.70

FSS online calculator

To facilitate calculations and pre-calculate the amount that a woman can count on after going on maternity leave, an online calculator on the FSS website will help. It is based on the above method for calculating maternity leave. This is how the size of the allowance for an accountant at the enterprise and in the FSS is considered.

You need to carefully fill in the fields:

• Type of disability (pregnancy and childbirth).
• Enter the dates of the period of disability indicated in the sick leave.
• If a woman has been on parental leave during the past two years, she can replace the years of calculation.
• In the "Terms of calculation" enter the amount of earnings for 2016-2017. (or another billing period), the number of days excluded from the calculation, carefully check the boxes.
• You can pay attention to the column “Work experience” only if the experience does not exceed six months in this organization.

Maternity leave payment

Decree payment is made from the Social Insurance Fund (FSS). In general, the process occurs in the following sequence:

• Female writing a letter to the employer for maternity leave and allowance.
• The term for making a decision at the place of work on the payment of vacation and the calculation of maternity benefits - in the general case 10 calendar days.
• There is a certain period of time for the transfer of money. The employer must transfer funds on the first day of payroll along with the wages of other employees.
• The employer (insured) initially pays money from their own funds, and only then does the FSS reimburse him the payment by reducing the insurance premiums payable and / or paying compensation.
• In some constituent entities of the Russian Federation, where the Direct Payments project operates, vacation is paid to a woman directly from the territorial body of the FSS (although the application for a decree is written to the employer anyway, its calculation and payment is carried out by social insurance workers). At the same time, the FSS has the right to pay maternity leave until the 26th day of the month following the application for maternity leave.

Together with the payment for pregnancy and childbirth, you can apply for a one-time allowance, which is issued upon early registration in a medical institution. Its size in 2018 is 628.47 rubles. To receive this amount, the employee must provide the employer with a certificate from antenatal clinic and write an appropriate application.

Conclusion

Maternity leave (maternity leave) workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation go on maternity leave at 30 weeks pregnancy. To do this, in the antenatal clinic it is necessary to issue a sick leave, provide it to the employer (in educational institution, at the place of service) and write an application for leave.

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once for the entire period of vacation in BiR at the woman's expense. Maternity allowance is paid to female workers for whom the employer pays insurance premiums.

As part of social protection working pregnant women labor legislation guarantees them maternity leave. In general, the duration of the decree is 140 days - 70 days before the birth and 70 after. Under certain circumstances and conditions, the duration may change upwards.

How many weeks do you go on maternity leave in 2017?

Many women even late deadline pregnancies continue to work. According to the established new rules, maternity leave is carried out on the thirtieth week from the moment of pregnancy. The term for the employer is confirmed by providing a certificate from the medical institution. An earlier exit on maternity leave is envisaged. This possibility exists if doctors have established a multiple pregnancy.

When to apply for maternity leave and how to write?

The exact deadlines for filing an application in the labor law are not defined. However, it is recommended to do this in advance - as soon as the employee herself finds out about her situation. This will allow the employer to find in advance a person who will replace a pregnant employee during her absence. But the main thing is to have time to apply before the 30th week.
In the upper part, the full name of the head in whose name the application is being submitted, as well as the full name of the applicant is indicated. After the name of the document, the standard phrase “I ask you to grant me maternity leave ...” is written. The desired date for maternity leave and a link to the articles of the Labor Code of the Russian Federation are indicated. As a supporting basis, mention should be made of a temporary disability certificate and, if any, a certificate obtained at the antenatal clinic.

Length of maternity leave

Pregnant women wonder how many days maternity leave lasts. The main factors affecting the length of maternity leave provided are:

• the complexity of the course of gestation;
• amount of children.

For 140 days, a disability certificate is issued in the antenatal clinic to those women who are expecting one child. Multiple pregnancy extends the decree by 194 days. The duration of the decree for complicated childbirth for young mothers is 156 days.

Payments in the decree according to the law

In accordance with the procedure established by law, working women are entitled to a pregnancy and childbirth allowance. Its size is calculated in accordance with the average earnings for the last two working years. The minimum possible size corresponds to the minimum wage (7.8 thousand). This allowance is paid once for the entire vacation period according to its duration. Its maximum size is about 215 thousand rubles.

The first payment is provided already on the 12th week. It's about about a one-time payment (615 rubles). Also, those who gave birth have the opportunity to receive a lump sum allowance of 16 thousand rubles. Also, every month until the child turns 1.5 years old, it will be possible to receive 40% of the average salary.

How is maternity leave paid in 2017?

Calculation example:

If a woman earned 400 thousand rubles in 2 years, did not take vacations and sick days, then her average daily earnings amounted to 400 thousand / 830 = 480.2 rubles. Then for 140 days of the decree it will be possible to count on 62,228 rubles.

Are maternity benefits for the unemployed required?

The system of social protection in the Russian Federation guarantees assistance even to those young mothers who are considered unemployed. Much depends on the specific circumstances. If a woman was fired for Last year due to the liquidation of the organization, then it is guaranteed to receive benefits. But for them, the amount of 613 rubles is relevant. Not much more will be able to get female students studying full-time. They are paid an amount corresponding to the size of the scholarship.

How much are maternity benefits for the unemployed?

If the girl quit and did not work for a certain time, then she will still receive a lump sum. Its size today slightly exceeds 16 thousand rubles. Additionally, financial resources for child care are transferred to the mother's account. If the baby is the first, then this amount is 3 thousand, and if the second or subsequent - 6 thousand. If the woman did not work at all, then she will be paid a little more than 6 thousand rubles, which is minimum size on wages.

Maternity leave, or maternity leave, is a statutory paid period of 140, 156 or 194 days, which is provided to every woman for the birth of a child and the restoration of her health.

The terms for paying maternity leave in 2016 changed only for women working under a fixed-term employment contract - now, according to the relevant application of the employee, labor relations with her must be extended not only as before, until the end of pregnancy (birth of a child), but for the entire postpartum period, which is payable additional days of maternity leave:

• 70 days - with normal childbirth;
• 80 days - with complicated;
• 110 - at the birth of two or more children (multiple pregnancy).

In all other cases, the duration of maternity leave and the timing of the payment of benefits for pregnancy and childbirth to women on maternity leave are established in the usual manner.

According to Russian law, the decree for women is established in the form of a period of incapacity for work (sick leave) of a fixed duration, payable by the employer in the amount of 100% average earnings calculated for the previous two full calendar years.

Vacation is provided to the expectant mother at the obstetric period 30 weeks pregnant, and if the pregnancy is multiple, then already in 28 weeks. The maternity allowance is paid at the place of work on the next payroll day or directly from the Social Insurance Fund (FSS).

How many weeks do they go on maternity leave?

The terms of maternity leave and the total duration of maternity leave in Russia are established by labor legislation and regulations in the field of compulsory social insurance.

In accordance with current regulations length of maternity leave In general, it depends on two main factors:

• the complexity of the course of pregnancy and childbirth;
• the number of children born.

This pattern is shown in more detail in the following table.

How many days are paid on maternity leave?

In any of the above cases, the benefit is paid lump sum for the entire period of leave laid down by law.

1. Parents who adopt children under the age of 3 months also have the right to receive maternity allowance. Payments are made from the moment of adoption until the end of the relevant postpartum period- 70 calendar days from the birth of a child in general, or 110 days for the adoption of several children.
2. In addition, when making a decree, the future parents of a child must remember that it is possible to alternately combine sick leave for pregnancy and childbirth with annual paid leave. For this, annual leave is used before going on maternity leave(the most popular way) or after its completion.

Simultaneous granting two holidays from the point of view of labor law is unacceptable.

When is maternity pay paid: before childbirth or after?

According to the law "On State Benefits for Citizens with Children" dated May 19, 1995 No. 81-FZ, maternity payments are provided at the request of the mother of the child or the person replacing her, if the application was followed by them no later than six months from the end of the decree.

Thus, payment of maternity according to the law, it is carried out subject to its registration at the place of work or service within the following terms:

• before giving birth- at any time at the request of the employee after receiving maternity leave at the antenatal clinic, which is issued at the obstetric period of 30 weeks of pregnancy (28 - in case of multiple births);
• after childbirth- at any time after the birth of a child with a sick leave, but no later than 6 months after the expiration of the period specified in it for exiting the decree.

After submitting an application to the employer, a decision is made within 10 days to grant maternity leave and maternity benefits. Finally maternity pay on the next day of the payroll at the enterprise.

Attention

From July 1, 2011 in some regions of the country participating in the pilot project "Direct Payouts", maternity payments are paid to the applicant directly from the budget of the Social Insurance Fund to the employee's bank account or through the Russian Post office. In this case, the money is credited no later than the 26th month following the month in which the application was submitted to the FSS.

To apply for maternity leave and assign maternity benefits (M&R), a woman must submit the relevant documents to the employer's accounting department:

1. Certificate of incapacity for work (sick leave) for pregnancy and childbirth.
2. An application for a leave of absence.
3. Certificates from the previous place of work (if any):
   • on average income for the previous two full calendar years.
   • about periods of exceptions not included in the calculation of benefits.

How long must maternity leave be paid?

1. The payable amount of benefits, calculated according to the established rules and appointed by the employer within ten days from the date of receipt of the original certificate of incapacity for work. Maternity payments are made at a time on pay day.
2. The accrued amount of benefits is compensated to the employer from the funds of the Social Insurance Fund (FSS), regardless of the form of ownership of the enterprise. In this case, the arrival time Money to the account of the enterprise are established by the territorial bodies of the FSS.

The procedure for calculating the amount of maternity is quite simple to perform the necessary calculations yourself. This requires dividing the amount of wages for the previous two years (excluding the amount of sick leave payments received) by the number of days for the previous two full calendar years. Thus, an average daily wage is obtained, the multiplication of which by the established duration of maternity leave gives the amount of the insurance benefit payable.

Attention

The length of service does not affect the right to receive leave and maternity benefits. However, if the period of the official labor activity women does not exceed 6 months, maternity pay is based on the established minimum wage - 7500 rubles for 1 month from July 1, 2016

Payment of maternity leave to the unemployed in 2016

For some categories of non-working women, pregnancy and childbirth benefits in accordance with the law of May 19, 1995 No. 81-FZ may not be provided in the form described above compulsory social insurance in proportion to average earnings, and in the form fixed payment compensated from the federal budget:

• women pursuing vocational training in educational organizations different levels (middle, higher, additional professional) - allowance is assigned and paid at the place of study;
• women passing military service under a contract (or service equivalent to it in the internal affairs bodies, fire fighting service, penitentiary service, etc.) - the allowance is provided at the place of service.

In these cases, maternity leave is granted in the form of sick leave within the same terms, however, its payment is made, respectively, in the amount of a stipend or monetary allowance.

2019-07-22

RedRocketMedia

Bryansk, Ulyanova street, house 4, office 414

What vacation is due to a woman during pregnancy and after childbirth? What are the parts of maternity leave? Where is an exchange card and a birth certificate issued to a pregnant woman? All these questions that a woman has in the third trimester of pregnancy are perfectly covered in the book "Full order for expectant mothers" - and with the latest changes regarding 2017.

In the current legislative framework Russian Federation(with changes valid at the beginning of 2017) the concept of "maternity leave" is not used, this is a colloquial form of speech. In fact, these are two holidays, which, as a rule, follow each other without a break:

• maternity leave- is issued in the form of a period of disability (sick leave); its duration depends on several factors, usually it is 140 days (70 days before and after childbirth);
• Holiday to care for the child- available for more long term(until the child reaches the age of 3) without interruption of work experience and work experience in the specialty.

Exchange card for pregnant women

If you are observed in the state antenatal clinic, in the same visit to the doctor you can get a birth certificate.

To do this, you need to have with you:

• passport (or other identification document);
• compulsory medical insurance policy (CMI);
• compulsory pension insurance policy (SNILS).

If you have chosen for yourself the management of pregnancy in a paid clinic, you will have to go to the antenatal clinic separately. To do this, add the exchange card received at the paid clinic to the specified list of documents - on its basis, in the antenatal clinic, you are required to provide a birth certificate.

The certificate is issued regardless of whether the woman is an adult or not, whether she works or not.

Now let's figure out what a birth certificate is and why you need it. In order to increase the material interest of medical institutions in providing quality medical services to expectant mothers, the Ministry of Health has created the Birth Certificate program - part of the state project "Health". A birth certificate is a financial document on the basis of which settlements are made with the medical institution that provided the woman and her child with appropriate healthcare services.

The amount allocated for the certificate will go to those institutions, which will be preferred by future mom: a woman can choose any antenatal clinic and maternity hospital at her discretion, even if the medical facility is located in another city or region of the Russian Federation. It is expected that after the introduction of birth certificates, a pregnant woman will become a welcome client of polyclinics and maternity hospitals.

A participant in the program can become an institution that has a license to carry out medical activities in the specialty "obstetrics and gynecology" or "pediatrics" and has concluded an agreement with the regional department of the Social Insurance Fund.

If you did not receive a birth certificate when applying for a sick leave at 30 weeks, you can get it later at any antenatal clinic, as well as request it at a maternity hospital or even at a children's clinic, provided that the child is registered under the age of 3 months.

maternity leave

At the antenatal clinic (or other medical institution where you are examined for pregnancy), you need to get sick leave , which you provide at the place of work for maternity leave and maternity benefits (if you work in several places, then the sick leave may be issued in several copies). A certificate of incapacity for work can be issued to you by an obstetrician-gynecologist alone for the entire period of the decree.

If you were looking forward to your vacation, do not delay visiting the doctor and applying for sick leave - after all, according to the law, an order to grant you leave can be prepared by the employer within 10 days after you submit all the papers necessary for this.

Of course, you may not be in a hurry to take maternity leave. After receiving sick leave, it is not at all necessary to immediately apply for a vacation - it all depends on what you have decided for yourself when developing a preliminary plan. If you feel good and enjoy your work, or if you are afraid of missing out on some important work moments and want to complete the projects you have started, you can continue to work and receive a salary instead of sick leave.

But it is important to consider the following: although your vacation begins with the actual filing of the application, it ends exactly on the date indicated in the sick leave. Therefore, if the work is difficult, there is no point in delaying the vacation: this is your well-deserved rest, the period of preparation for very happy, but still rather difficult everyday life as a mother.

Next time we will talk about cash payments due to a pregnant woman in Russia.

Maternity leave is a period expected by every employed woman. When will a woman be able to take a break from work and devote herself 100% to the expectation of the birth of a long-awaited child? How many months do they go on maternity leave in 2017: new law.

Maternity leave is a certain time period during which a woman has the legal right not to go to work, as she is expecting the birth of a child. After she gives birth, she will be on maternity leave. For an employer, maternity leave means the following: his employee will not perform the duties assigned to him and go to work during the period of time allotted by law, at the same time, such an employee must retain his job and position. According to the current in Russia Labor Code Pregnant employees are entitled to a sick leave due to pregnancy and parental leave, and the employer must pay for the leave.

How many months do maternity leave go in 2017: the new law suggests that a sick leave for pregnancy is provided to a pregnant employee at the 30th week if she is expecting the birth of one child. If the pregnancy involves twins, triplets, etc., then maternity leave will come from the 28th week. Art. 255 of the Labor Code of the Russian Federation determines that 70 calendar days before the onset of childbirth, a woman, on the basis of sick leave and an application, receives maternity leave. If the pregnancy is multiple, then according to the Labor Code of the Russian Federation, it is possible to go on maternity leave 84 days before the day of birth.

During this period, it is imperative to go to the medical institution where the future woman in labor is registered to apply for a disability certificate, then this sheet is provided to the employer. On its basis, the award is made. Payment of benefits must be made within 10 days from the date of submission of documentation.

After a pregnant employee provides the employer with everything required documents and a statement, the employer issues an order. There is no definite form for such an order, only that it must be in business style. The number, date, name, details and seal of the company must be put on the original.

The amount of the future benefit is personal in a particular case. A number of factors influence its size: the amount of wages, whether the employee is a single mother, etc.