The legal concept of “Maternity leave” does not exist in Russian legislation. This means maternity leave and further leave to care for your child.
The right to such leave is guaranteed to women under Art. 255 of the Labor Code of the Russian Federation and Art. 256 Labor Code of the Russian Federation.

Vacation is divided into different types:
1. For pregnancy and childbirth (leave according to BR):
- for 70 calendar days before the day of birth and for the same number of days (140 in total) - after the birth of the baby;
- 70 calendar days before the day of birth and 86 days after the birth of the child (156 in total) - if the birth was complicated;
- 84 days before the day of birth and 110 days after birth (194 in total) - at the birth of two or more children (in case of multiple pregnancy).

2. To care for a child up to one and a half years old (children’s leave).

3. To care for a child up to three years old (childcare leave).

Thus, the benefits that are paid on different types of leave can be conditionally called: the BR benefit and the UR benefit.

Current laws indicate that, in addition to officially working women, there are other categories of women who may qualify for BR benefits:
Full-time students at universities, technical schools and colleges;
Women who lost their jobs due to the closure of an enterprise or individual entrepreneur, as well as due to a reduction in the number of employees.

The list is expanding in relation to the SD benefit and it additionally includes the following categories of persons:
Citizens of Russia who live abroad and are on a business trip;
Foreign citizens, refugees, stateless persons who have been living in the Russian Federation for a long time;
Foreign citizens and persons who do not have citizenship, but with officially issued insurance.

You also need to say the following: when the BR leave ends, the woman can return to work, and entrust child care (which officially lasts until the child reaches the age of one and a half years) to close relatives or guardians, if any. UR leave can be divided into parts among those who can receive it.

Who is required to pay maternity benefits?

Federal Law 255 (adopted on December 29, 2006) indicates that the following persons are required to pay benefits:
Individual entrepreneurs, farm and peasant farms;
Legal entities that have officially registered their business activities within the country (it does not matter whether it is a foreign or Russian company);
Individuals who are not considered individual entrepreneurs.

The law also indicates that entrepreneurs can reduce the payment of contributions to the Social Insurance Fund to an amount equal to the benefits paid.

Registration of maternity leave

Determining the start and end dates of maternity leave

Maternity leave for pregnancy begins from the moment the obstetrician-gynecologist issues a certificate of incapacity for work at the 30th week of pregnancy. To determine when it will end, by the first non-working day another 140 days are added. The next day after the end of this period will already refer to maternity leave, which a working woman can go on at will. If two or more babies are expected, the sick leave is issued two weeks earlier, i.e. at 28 weeks of pregnancy and is closed only after 194 days.

A special case is childbirth with complications. After all, even with a normal pregnancy, not to mention a problematic one, even the most excellent gynecologist will not be able to predict its course. Therefore, if the birth is recognized as complicated, the mother in labor is issued another sick leave for a period of 16 days, which can be provided at her request immediately after the end of the required 140 days.

An employer does not have the right to dismiss a pregnant employee and is obliged to provide her with the leave due to her.

Documents to be provided at the enterprise:

The employee must submit a package of documents to the personnel service of the enterprise, which consists of:
- an application addressed to the head of the enterprise containing a request for maternity leave and payment of the due benefits;
- certificate received in antenatal clinic medical institution certifying registration;
— a sick leave certificate duly issued by a gynecologist regarding the onset of pregnancy and the upcoming birth;
- certificates from various enterprises about wages, if the woman worked in more than one organization in the two years preceding her leave.

Documents are reviewed by the employer within ten calendar days. Accrued for issue cash are issued to her on the day of the next salary, which is established by the enterprise.

The application is written in any form, but must contain the following information:

— a hat (from whom to whom, indicating full name and position);
- document's name;
- a request for maternity leave indicating the dates (based on sick leave);
- request to charge required benefits(at the request of the applicant);
— a convenient way to transfer funds (for example, to a card, or by postal order);
— a list of attachments (sick leave, if any - a certificate from the antenatal clinic about early registration for pregnancy);
- date, signature, surname and initials of the applicant.

Employer's order to grant leave

To fill out an order, you can use the unified form No. T-6. If the employer refuses to use standardized forms, an order to maternity leave drawn up in a form that the employer independently develops and approves.

The order is issued by the head of the organization in which the woman works, based on her submitted application and certificate of incapacity for work.

The order must contain the following data:
— a header with the organization’s details, the title of the document;
— the essence of the issue (to provide the employee with maternity leave from the specified start and end dates according to sick leave);
— additionally - assign the employee payment of cash benefits;
— a list of reasons (employee’s statement, sick leave, certificate from a gynecologist);
— position, signature, surname of the head of the organization, date;
— a list of acquaintances (you can write the names of those who have become acquainted by hand).

Vacation before maternity leave

Many expectant mothers find it difficult to work with a decent belly even before the long-awaited 30 weeks. For such cases, Russian legislation provides for the provision of the next annual leave in advance of maternity leave, despite the fact that it was planned by the employer according to the vacation calendar for a later time. Such leave lasts, as usual, 28 calendar days or more for established categories of workers with special working conditions.

However, a pregnant woman can exercise this right only if she has unused vacation during the current period of work. If the employee took such leave in advance, and upon leaving maternity leave she quit and did not work these days, then vacation pay will be deducted from her.

Calculation of maternity benefits

The benefit is calculated 10 days before the start of the vacation. At the same time, in order to respect her rights, the BR benefit must be calculated as accurately as possible. The calculation uses a formula that takes into account income for two years.
The result is earnings in one working day. This indicator is needed in order to calculate payments for vacation recommended by doctors.

So, the following steps are taken for calculations.
Average daily income is calculated by adding up all earnings for two years and dividing them by the number of days the woman was at work.

Let's take the following situation as an example. In 2012, Sidorova S.S. started working at Refinery LLC. On December 25, 2014, she was supposed to go on BR leave, which would have lasted 140 days. The leave application was submitted on January 1, 2015. Now we calculate the amount of the BR benefit.

First you need to find out the number of working days for 2013 and 2014. It will be equal to 730 days. For a couple of years of work at this enterprise, Smirnova S.S. there was not a single day that needed to be subtracted from the billing period. In 2013, her total income was equal to 700 thousand rubles, and in 2014 - 730 thousand rubles.

Based on the legislation, we cannot take into account the money actually earned for a specific period, since the state has already established a limit value:
- for 2013 in the amount of 568 thousand rubles.
— for 2014 — 624 thousand rubles
— for 2015 — 670 thousand rubles.

It is clear that the calculation is made based on the maximum established values, and real earnings are not taken into account.

The next step is to calculate your daily earnings. Using the formula, we get 1632.9 rubles. In 2014, the employee worked until the end of the year and received her full salary for December. At the next stage, seven days are subtracted from the total number of vacation days. Thus, 133 days must be multiplied by 1632.9.

Thus, the amount of paid maternity sick leave will be 217,175.7 rubles.

Providing maternity leave 2016: step-by-step procedure:

1. Receive a leave application and a certificate of incapacity for work (sick leave) from the employee.

The application is filled out directly by the employee. The head of the organization must put a resolution on leave on the application (the inscription in the upper left corner of the application: Agreed. Signature. Explanation of signature. Number).

2. Receive an application from the employee and a certificate from a medical institution confirming registration with early dates pregnancy.
The application is filled out directly by the employee.

3. Register applications in the application log.

4. Issue an order to pay a one-time benefit to women who registered with medical institutions in the early stages of pregnancy.

5. Issue an order to grant leave to the employee.

6. Register orders in the register of orders (instructions) according to personnel shelf life 5 years.

7. Familiarize the employee with the orders.
The order should be printed and familiarized with it to the employee against signature - at the bottom of the order the employee must sign and put the date of familiarization.
If it is impossible to familiarize the employee with the order or he refuses to affix a signature, an entry must be made on the order: “Familiarized, refused to sign” or “It is impossible to familiarize the employee with signature due to…”.

Maternity benefits are paid to the insured woman in the amount of 100 percent of average earnings, if available. insurance period at least 6 months.
Women who register with a medical institution in the early stages of pregnancy (up to 12 weeks) are entitled to a one-time benefit in addition to the maternity benefit.
Deadline: within 10 calendar days from the date of the employee’s application.

9. Reflect maternity leave on the time sheet.
The entire period of maternity leave is reflected: opposite the employee’s last name, the letter “P” or numeric “14” code is entered in the upper lines, and the lower ones remain blank.

10. Enter information into your personal card

Everyone has heard about “maternity leave” granted to a woman due to pregnancy and... However, this term is not entirely correct, but it is so firmly entrenched in everyday life that it is difficult to imagine another name for this vacation.

information Term "maternity leave" arose after a decree was issued in 1918, establishing a woman’s right to parental leave. Now we should call it "maternity leave".

It must be emphasized that in general Russian Federation The Labor Code differs two types of holidays related to the birth of children:

• for pregnancy and childbirth;
• for child care up to 3 years old.

Wherein by decree the first of them is most often called.

Unlike sick leave for pregnancy and childbirth(BiR), right to registration maternity leave up to 3 years of age, not only the mother, but also the father and other family members who, being employed, plan to care for the baby. For example, a grandmother, grandfather or any other relative of the baby, as well as his guardian, can go on vacation.

For the entire period of absence from work, the baby’s mother retains her workplace and position. In addition, this period is counted not only in the work experience in the specialty, but also in the continuous work experience.

Registration procedure

Officially maternity leave is issued at the place of work, as well as annual paid leave. The relevant documents are provided to the personnel department by the mother after she is issued a sick leave certificate (usually on or later, at -), and by other family members - after. Within 10 days, the company management must calculate all benefits to be assigned, and also issue an order to grant leave.

important Registration of maternity leave for one child is usually accompanied by filing an application for receiving child benefits.

They can only be received by the relative of the child who is going on maternity leave. He also retains the right to work part-time or part-week at his place of employment. In this case, the right to receive benefits is not lost.

Required documents

To apply for maternity leave, the employee must submit the following documents to the employer:

• statement, which can be written in any form;
• sick leave issued by a gynecologist, which indicates the duration of pregnancy, features of the course of labor and the expected date of birth (only for the mother);
• copy of birth certificate baby or all children in case of multiple births;
• certificate, confirming that the second parent did not go on maternity leave at the place of work and does not claim the benefits assigned in connection with this (or the document that serves as confirmation of the unemployment of one or both parents).

Duration of maternity leave

Maternity leave in the usual case is equal to 140 days(70 days before birth and 70 after). If , then the second part of the vacation is 110 days instead of 70. If there was a complicated birth, then the second part will be 86 days instead of 70.

additionally Parental leave can last up to 3 years, but this period is not strictly established. You can go to work earlier - at any time convenient for parents.

If a mother wants to go to work earlier than expected, then she has every right to do so. She only needs to write a statement about early exit addressed to the boss, indicating the date of expected return. At the same time, she can start working on a part-time basis or a reduced work week.

To extend the holidays, There are also a number of possibilities. In particular, you can:

• take unused annual paid leave before childbirth;
• go on unpaid leave without pay.

Benefits paid

As already noted, for the entire period of maternity leave, child benefits are paid in the form compulsory social insurance(for workers) or state social security (for non-working people). In particular, in 2015 the following types of maternity payments are paid from the federal budget:

• one-time benefit when registering with an antenatal clinic in the early stages of pregnancy (before) - 543.67 rubles;
• lump sum payment upon birth of a child - 14497.80 rubles;
• (only for employees) - in size 100% of average earnings for each day of the period of incapacity for work on sick leave.

important Please note that social security benefits are paid at the place of work or directly at the territorial body of the Social Insurance Fund. Those who are not subject to compulsory social insurance in case of temporary disability and in connection with maternity (including unemployed) receive child benefits in social protection authorities.

In addition, the baby’s parents, regardless of their social status, are assigned child care allowance up to 1.5 years, which can be issued not only to the mother, but also to another family member. This benefit for workers is calculated based on 40% of average monthly earnings for the previous two years. Non-working citizens are paid benefits in the minimum amount - 2718.35 rubles for the first child and 5436.67 rubles- on the second and subsequent ones.

The law establishes both minimum and maximum amounts, which a family can count on at the birth of an heir:

• maternity benefit in 2015 cannot be in 140 days 228 602,74 rubles.
• maximum amount monthly payments for child care up to 1.5 years old is set at 19855.78 rubles.

One-time payments upon registration with a gynecologist in the early stages and at the birth of a child, as a rule, are issued and received at the same time as the care allowance for up to 1.5 years.

Read more about existing payments to families with children in Russia on the website "Manual-Expert", as well as in thematic group

Maternity leave is time away from work due to the need to care for a child. People go on vacation based on their own application addressed to the head of the organization. The legislation provides for the duration of maternity leave until the child reaches 3 years of age.

The current legislation of the Russian Federation does not use the concept "maternity leave". This expression is only a common slang name in our country for two types of leave, following each other, usually without interruption, and issued separately from each other: maternity leave - issued in the form of a period of incapacity for work (sick leave) of a set duration, and maternity leave – provided for more than long term(until the child reaches the age of 3 years) without interruption length of service and work experience in the specialty.

General information

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

Attention

Paid for the period of maternity leave social security benefit, the size of which is equal to 100% of average earnings expectant mother for the previous 2 full years.

Sample application for maternity leave during pregnancy and childbirth

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

• “header” (upper right corner of the sheet), which indicates the name of the organization, surname, first name, and patronymic of its leader, and in the same corner below the surname, initials, and position of the applicant must be indicated;
• the name of the document, namely, “statement”, which is written without quotation marks in the middle of the sheet below the “header”;
• main text, which can be presented in any format; the main thing is that the applicant is able to write down a request for the vacation she needs, its temporary boundaries and state a request for the appointment of one or another benefit;
• Listed below are all additional documents attached to the application (as a rule, this is the original sick leave certificate issued by the medical institution, and the original certificate issued by the antenatal clinic, which confirms the state of pregnancy);
• in the lower right corner the applicant puts the date of filing the document, as well as her own signature.

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

Maternity leave(B&R, in common parlance it’s just decree) is social guarantee for working women, as well as for those undergoing military or equivalent contract service. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and spend time with the newborn.

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

• Birth leave is provided for both natural (born) children and adopted children under the age of 3 months.
• Do not confuse maternity leave (maternity leave) and parental leave for a child up to 1.5 years old. In a legal sense, these are completely different periods.

A special feature of maternity leave in Russia is that it can be taken out by: only woman.

• Sometimes they write or say that dad can be put 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, during the period of his wife’s maternity leave, a man can only be granted out of turn annual paid vacation.

New law dated June 29, 2015 No. 201-FZ introduced changes to the conditions for granting maternity leave for fixed-term employment contract. If previously the employer was obliged to extend the contract with the employee only for the period of pregnancy until the baby is born, then now a woman is provided with the law postpartum leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of maternity leave).

How many weeks does it take to register?

The period during which a woman can legally go on maternity leave is 30 weeks. To go on vacation, you need to obtain maternity leave from a doctor. The document will indicate the start and end dates of the maternity leave.

In some cases, they are installed other terms registration of maternity leave:

• 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 - for multiple pregnancy.
• If a woman has premature birth between 22 and 30 weeks - from the day of birth.

An obstetrician-gynecologist does not have the right to open a sick leave 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 maternity leave - if it falls at the end of the year, it is sometimes more advisable to postpone it at the beginning of next year despite several lost days subject to paid sick leave. This is done to be used as a calculation current calendar year- as a rule, more profitable in terms of earnings.

How many days does it take by law?

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 maternity leave depends on the woman’s place of residence and work, the characteristics of childbirth, and the number of children born.

• Holiday according to the 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, the woman will still be provided with total number of days maternity leave.

Below is the duration of labor and labor 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 Law No. 1244-1 of May 15, 1991, during this period, their health improvement is provided outside the pollution zone before childbirth.

For woman, adopting a baby at the age of up to 3 months, the duration of maternity leave may be shorter:

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

Registration of maternity leave

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

• to receive financial assistance benefits;
• to follow her job was saved for the duration of maternity leave, as well as subsequent child care up to 3 years.

In exchange for the application and sick leave provided by the woman, the HR department issues her a notification receipt for the receipt of documents (written in free form, the second copy remains in the organization).

The start date of maternity leave may coincide with that indicated on the certificate of incapacity for work, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the maternity leave itself will not be carried forward late date, but will be reduced because it will end no later than the date indicated on the sick leave.

Maternity sick leave

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

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

• The cells are filled with large printed Russian letters and numbers, which should not extend beyond the cell.
• Notes can be made on a printer or written by hand with a black gel, fountain or other pen (but not a ballpoint).
• Any blots, cross-outs and errors are prohibited. Even with one crossing out, you need to change the form and rewrite everything again.
• The name of the employing organization can be written in full or abbreviated form (if such a form is provided for in the constituent documents).
• If the inscription (name of the enterprise, surname of the doctor, etc.) does not fit on 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 Social Insurance Fund may not accept an incorrectly filled out document. Correctly and finally filled out sick leave is transferred to the accounting department for calculating benefits according to the BiR.

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

Application for maternity leave

The application is the main basis for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Some 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 your position).
• Details of the identity document.
• Information about the place of registration and residence.
• Please provide leave according to the BiR.
• Please pay maternity benefits and a one-time benefit when registering in the early stages of pregnancy (optional).
• Desired method of receiving benefits, card details.
• Number and date of sick leave according to BiR.
• The employee’s signature, surname and date of filling out the application.

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

Order for maternity leave

After the woman’s place of work has received an application and sick leave, the enterprise’s personnel department forms order on granting maternity leave. The form of the document is not clearly regulated by law; it can be taken as a basis unified form No. T-6 or develop your own.

The order must contain the following information:

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

Employee reads the order mandatory, signed and dated. Ideally, she is provided with a copy of the document. After this, it is written on the order that it is sent to the employee’s personal file.

Based on the order, data on maternity leave is entered into the personal card (Form No. T-2) of the employee. The fact that a woman is on labor and employment leave is reflected in the working time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

Birth leave is paid in full, from the first to last day. The benefit is transferred at one time on the woman's account for the entire period.

The main criteria for calculating payment for maternity leave:

1. For each full month of maternity leave, 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 of up to 6 months. calculation and payment are made according to the current value minimum size wages (minimum wage). From 02/01/2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
3. The maximum payment amount is regulated using the bases for calculating insurance premiums. The employee’s income for a certain year is compared with their values.

If there are several employers for whom a woman has been working for more than two years, maternity leave is paid each of them. At the same time, child care benefits can only be issued to one of the policyholders.

Maternity leave is paid only if sick leave has been provided no later than six months after the end of maternity leave. Otherwise, a woman may need to prove her right to B&R benefits in court.

Maternity leave calculation

Calculation of maternity benefits for vacation accounting is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct payments") according to the established method. The following data is taken into account:

• A woman’s total earnings for the two calendar years preceding her start on maternity leave. For those whose maternity leave begins in 2018, the estimated years will be 2016 and 2017.
• Length of the billing period (in 2016-2017 - 731 days).
• The number of days “lost” from the calculation period due to sick leave, parental leave, etc.

Maternity leave is calculated in the following sequence:

• the exact number of days in the billing period is calculated (from 731, “outlier” periods of time are subtracted);
• 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 payment is determined (average daily earnings are multiplied by the number of days of maternity leave, which is taken from sick leave).

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

Online FSS calculator

An online calculator on the FSS website will help make calculations easier and pre-calculate the amount a woman can count on after going on maternity leave. It is based on the above method for calculating maternity leave. This is exactly how the amount of an accountant’s allowance is calculated at the enterprise and at the Social Insurance Fund.

You need to fill out the fields carefully:

• Type of disability (pregnancy and childbirth).
• Enter the dates of the period of incapacity indicated on the sick leave.
• If a woman has been on maternity leave for two past calculation years, she can replace the calculation years.
• In the “Calculation Conditions” enter the earnings amounts for 2016-2017. (or other 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 length of service does not exceed six months in a given organization.

Payment for maternity leave

Payment of maternity leave is made from the Social Insurance Fund (SIF). In general, the process occurs in the following sequence:

• Woman writes a statement to the employer for maternity leave and benefits.
• The deadline for making a decision at the place of work on paying for vacation and calculating maternity benefits - in the general case 10 calendar days.
• A certain period of time is allotted for the transfer of money. The employer must transfer funds on the first day of salary payment along with wages for other employees.
• The employer (the policyholder) initially pays the money from your own funds, and only then the FSS reimburses him for 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, leave is paid to the woman directly from the territorial body of the Social Insurance Fund (although the application for maternity leave is still written to the employer, its calculation and payment is carried out by social insurance workers). At the same time, the Social Insurance Fund has the right to pay for maternity leave until the 26th of the month, following the filing of an application for maternity leave.

Along with maternity benefits, you can apply for a one-time benefit, which is issued upon early registration with 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 the antenatal clinic and write a corresponding application.

Conclusion

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

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once during the entire vacation period under the BiR at the expense of a woman. Maternity benefits are paid to female employees for whom the employer pays insurance premiums.

From a legal point of view, the decree is divided into:

1. Maternity leave (can only be taken by the expectant mother).
2. Parental leave (can be taken by a father or, for example, a grandmother).

Both are provided and paid only if the work is official and the employer makes contributions to the Social Security Fund.

During maternity leave, the woman retains her place of work.

How long is maternity leave?

Maternity leave consists of the prenatal and postnatal periods. The expected date of birth is determined by the gynecologist. The doctor also prescribes sick leave for pregnancy and childbirth.

Usually people go on maternity leave in the 30th week, and the corresponding vacation is 140 days.

In some cases, a woman may go on maternity leave earlier, then its duration will be longer.

When adopting a woman, she is granted only the postnatal part of the leave under the BiR - 70 days for one child and 110 for two or more.

To extend the postpartum part of the leave under the BiR, you need to take out another sick leave and write a statement to the employer.

Is it possible to further extend maternity leave?

• before going on maternity leave (up to 30 weeks of pregnancy);
• after the end of the vacation according to the BiR (after 140 days);
• after the end of maternity leave.

It does not matter whether the woman worked for the organization for six months and what date she was assigned to on the vacation schedule.

How to apply for maternity leave?

Your full name should be indicated in the header of the application. and the position of the manager, as well as the name of the addressee. The text should include a request to provide leave for employment and labor (indicating the dates on the basis of sick leave) and accrue the required benefits. At the end there is a signature with a transcript and the date. A certificate of incapacity for work must be attached to the document.

Based on the application, the organization issues an order to grant maternity leave. The woman meets him under his signature. And within 10 days she receives maternity benefits.

How is maternity leave paid?

Maternity benefits are paid at a time and in total for all days of vacation.

Maternity benefit (PPBiR) is 100% of average earnings for the two years preceding maternity leave. It is calculated using the following formula:

PPBiR = income 2 years before maternity leave / 730 or 731 days × number of days of maternity leave.

At the same time, the average earnings should not exceed the maximum established by law: in 2015 this amount was 670,000 rubles, in 2016 - 718,000 rubles. In addition, sick leave, personal leave, time off and other periods during which insurance premiums were not accrued to the employee are excluded from the total number of days in a two-year period.

You can calculate your maternity benefit using the calculator on the Social Insurance Fund website. Since maternity benefits are accrued on the basis of sick leave, the calculation is carried out as for paying for a certificate of incapacity for work.

What other payments and benefits are entitled to mothers?

1. The allowance for early registration is 613 rubles (as of February 2017). It is paid along with the BiR benefit if the woman consulted a doctor before 12 weeks of pregnancy and wrote a corresponding statement to the employer.
2. Child birth benefit - 16,350 rubles (as of February 2017). Paid as a lump sum to one parent. If the mother applies, she must write an application, attach the child’s birth certificate and a certificate that the father did not use the benefit.
3. Childcare benefits for children up to one and a half years old in the amount of 40% of average earnings.

Who can take parental leave?

Parental leave can last until the child is 3 years old, but only the first 1.5 years are paid.

In the period from 1.5 to 3 years it is paid monthly compensation- 50 rubles.

The algorithm for calculating child care benefits (CCA) is approximately the following:

PPUR = income 2 years before maternity leave / 730 or 731 days × 30.4 × 40%.

In this case, the same restrictions apply as when calculating the B&R benefit.

You can apply for child care benefits within 6 months from the moment the child turns one and a half years old. The right to it remains, even if you go to work part-time or take a job.

How to apply for parental leave?

• birth (adoption) certificate of the child;
• a certificate stating that the second parent or neither parent receives PPUR;
• a certificate of income from your previous place of work (if it has changed in the last two years);
• a certificate from the place of part-time employment stating that the PPUR was not accrued there (if the employee is a part-time worker).

Can a woman on maternity leave be fired?

A woman on maternity leave cannot be fired, even if the employment relationship was temporary: a fixed-term employment contract is extended until the end of the labor and employment leave.

An exception is the liquidation of an organization. But even if the company fails, the mother will be able to receive the benefits due to her through the social security authorities.