Pregnant employees at some point leave the workplace to prepare for the birth of a child. In the article we will talk about what week they go to maternity leave whether it is possible to leave early, and how all benefits are paid.

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Legislative acts

In accordance with the article under the number of the Labor Code of the Russian Federation maternity leave is maternity leave (maternity leave). It can only be granted to a woman for a certain period of pregnancy and some time after the birth of a child, as well as to women who have adopted an infant who has not reached the age of three months.

For the duration of the vacation in BiR, the husband of the woman, at his request, the employer can provide only extraordinary annual paid leave- this is regulated by article 123 of the Labor Code of the Russian Federation.

For maternity leave before 30 weeks of pregnancy, there are also legal grounds. These include:

1. multiple pregnancy;
2. living in an ecologically unfavorable zone;
3. going on annual paid leave before the decree itself.

Also, a pregnant woman can arrange a little rest for herself by taking a sick leave from a therapist or an obstetrician-gynecologist leading the pregnancy. As a rule, doctors take into account the condition of a woman during pregnancy and draw up sick leave even with a slight discomfort. How best to do it, the doctor will tell you.

A woman can also go on sick leave if her older child falls ill, under 14 years of age.

Watch the video about the deadlines for maternity leave:

Payment of benefits

So, maternity leave is 140 calendar days with normal course singleton pregnancy, 156 days for complicated births and 194 days for the birth of 2 or more children.

Payment for vacation in BiR is made on the basis of 100% of a woman's average daily earnings for the past two years, while this period does not include:

• the time spent on sick leave, including for B&R or caring for a sick child;
• time off to care for a child up to 1.5 or 3 years.

If in the last 2 years a woman has been on maternity or parental leave for a long time, then she has the right to replace these years with others in which her income was higher. In accordance with article number 14 of the 255th Federal Law, accounting years can be replaced if:

If seniority pregnant woman is less than six months or the woman's earnings are less than established at the time of registration of benefits, then for the calculation use the value of the minimum wage(since January 1, 2018, it is 9489 rubles).

The maximum amount of benefits from 2018 cannot exceed:

• 282.106 rubles 70 kopecks- with a singleton pregnancy and a normal birth (based on 140 days of leave for B&R);
• 314.370 rubles 47 kopecks- if the childbirth took place with complications (for 156 days);
• 390.919 rubles 29 kopecks- if the woman has given birth to two or more children.

Maternity payments paid in a lump sum for the entire period of vacation in the BiR.

Decree extension

After the end of the B&R leave, the mother takes care of the child, this period is divided into 2 parts:

1. leave to care for a child up to one and a half years;
2. leave to care for a child up to 3 years.

To complete this period, a woman should write a job application with a request to issue her and list the due payments. Payments will be transferred on the days when the enterprise pays salaries, advances or other payments to employees.

Application example:

These periods have significant differences, despite the fact that the first is part of the second. So, when taking leave to care for a child up to one and a half years old, a woman receives monthly payments from the employer, which are compensated to him by the FSS.

The maximum amount of the monthly allowance in 2018 is 24,536 rubles 55 kopecks, and minimum:

• 3,163 rubles 79 kopecks - for the first child;
• 6,327 rubles 57 kopecks - for the second and subsequent children.

These allowances paid monthly until the child reaches the age of 1 year 6 months. If incomplete months fall into the period, then the amount of the benefit is recalculated in proportion to the days.

It is worth considering that the employer can pay benefits in a larger amount, but this will be his own initiative, since compensation from the FSS will not be transferred to him for this.

Leave to care for a child under 3 years of age is also issued at the request of the mother addressed to the employer. During the period of his action, the mother monthly compensation in the amount of 50 rubles, while if a woman is employed in several organizations, she has the right to receive this payment in each of them.

After 3 years, parental leave can be extended to 4-5 years only by agreement with the employer by issuing a vacation. The law does not provide for such a long vacation.

Exit to work

Leave to care for a child up to one and a half or three years is mother's right, but she is not obliged to use it. In accordance with article 256 of the Labor Code, she can interrupt it on any day by writing a statement addressed to the employer.

Wherein:

• full time, then no benefits will be paid, since she will receive a salary;
• if a woman goes to work not full time, the right to receive benefits for it remains.

Unlike B&R leave, which can only be taken by mothers, parental leave can be taken over by the woman's husband or other immediate relatives- this right is regulated by Article 13 of the Federal Law number 81. A relative who has taken parental leave is entitled to the allowance due for this period.

A woman during pregnancy, in the period after childbirth and in the period until the child reaches the age of 3 years has the right to leave and receive various payments provided for by law.

The date of maternity leave directly depends on the place of residence of the woman, the characteristics of the course of her pregnancy and childbirth, and Benefits may vary by region- in some regions of the Russian Federation, additional regional payments can be issued.

Expectant mothers have always been concerned about what payments they receive, what is the size of these benefits, and how long pregnant women go on maternity leave.

By decree, people mean the presence of a pregnant employee in the last stages of pregnancy, as well as the time of caring for an infant.

Maternity leave is an official sick leave that all pregnant employees can take at the workplace if they provide a sick leave.

But not many people know most of the specific legal subtleties and often ask how many weeks they go on maternity leave. Let's consider the issue in more detail.

Maternity leave (or maternity leave) is a period of disability during which the expectant mother can receive up to 200 days of paid sick leave.

It is divided into two parts: prenatal and postnatal, paid in total, without a break.

To receive the appropriate allowance, the employee must apply for a sick leave, contact the personnel department to apply for maternity leave.

The decree in 2019 has a duration of 70 calendar days before delivery and 70 calendar days after.

With twins, leave increases to 84 calendar days and up to 110 calendar days after childbirth.

Many do not understand the difference between maternity leave (maternity leave) and parental leave. These are different concepts, different vacations, and also different dates. The latter is provided to a woman until the child is three years old.

If a pregnant woman is exposed to harmful factors at the workplace, then she should be transferred to another job. Maintain average earnings.

After a premature birth, an employee may request 156 days to recuperate after a difficult childbirth and rest. Duration is set in the general order.

Is it possible to go on maternity leave later than the due date? According to the law of the Russian Federation, it is possible to go on sick leave immediately after the specified period, not 70 days, but 35, for example. And the employer cannot prevent his employee from doing this.

But if a woman wants to return to work ahead of schedule, she needs to discuss this with her boss.

To receive a decree, a pregnant employee must provide a sick leave certificate, which is drawn up by the attending physician and contains information about the course of her pregnancy. The duration of a woman's rest and payments is calculated on the basis of this sick leave.

Is it possible to go on maternity leave earlier than the due date?

If there are no features in the process of bearing a child:

In the case when the expectant mother works in an area that is polluted due to the accident at the Chernobyl nuclear power plant and the Mayak plant, the discharge of radioactive waste into the Techa River, you can go on vacation at 27 weeks. A woman is given 160 days of maternity leave.

Maternity leave is issued by a sick leave issued by a gynecologist with whom a woman is registered. If this is not the case, then the family doctor or paramedic.

Issue a single sick leave - for the entire period of maternity leave. Nothing is done before the birth.

Upon receipt of a sick leave certificate, a woman must provide it to work, write an application for leave and go on maternity leave.

In Russia, the right to receive maternity leave is regulated by Article 255 of the Labor Code of the Russian Federation. The expectant mother can issue a legal regular annual paid leave and take it before the start of the maternity leave or at its end.

Paid maternity leave stops if the employee returns to work before it ends.

If an employee goes on maternity leave, she can receive compensation for this period.

The payment is regulated by law, is the sum of all the income of the employee for the last two years, converted into days multiplied by the period of sick leave (in days).

The allowance is paid once at the beginning of the mother's vacation. Compensation is paid along with the next payroll to employees.

The allowance is provided for all calendar days of a sick woman. The minimum amount of payments cannot be less than the minimum wage.

The allowance should not be subject to personal income tax, UST, pension contributions, mandatory insurance contributions.

The following are eligible for maternity benefits:

• all formally working women;
• unemployed women who are registered with the employment center;
• female students;
• military women;
• working women in military organizations as civilian personnel.

The right to compensation is given to those employees who have adopted or adopted a child under the age of 3 months. The allowance is received for the days when the adopted child is less than three months old.

In the case when a woman adopts two or more babies, the period is increased to 110 days.

If women from maternity leave with their first child immediately go on maternity leave with their second child, they usually choose the maternity allowance rather than the child care allowance, since the former is usually more profitable.

During the period that the employee is on maternity leave, on parental leave, she must keep her job and pay benefits.

Expectant mothers often ask what week they go on maternity leave. If a woman is pregnant with one child, if nothing threatens her health, then at the 30th week of pregnancy.

The term for a woman to go on maternity leave depends on the number of babies expected, working conditions, the complexity of childbirth, and the state of health.

Video: How to issue a decree: when they go on maternity leave, payments, period and more

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.

The right to maternity leave is 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 - at 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.

In return for the application and the hospital personnel department provided by the woman, the personnel department issues her a notification-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 transferred to more late deadline, 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 verify 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 institution 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 minimum size wages (SMIC). 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:

• Woman 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.

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.

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 care for a younger child. 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.

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.

Legislation provides length 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, upon personal application, up to 14 days of unpaid leave (Article 263 of the Labor Code). But these preferences have nothing to do with maternity leave.

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How long does it take

Before you figure out how long it lasts, you need to understand what parts it consists of.

Vacation is divided into two uneven parts - this is:

1. Maternity leave - issued to a woman directly so that she informs the child to term and gives birth to him.
2. Parental leave is a longer leave taken to care for a child and lasts up to 3 years.

The first type of leave involves temporary disability before childbirth and is issued with the help of a sick leave. The second type of leave is provided so that the mother can raise a child at home up to 3 years.

So how long is maternity leave? Its duration is determined for each woman individually, and then prescribed on the sick leave. Thus, the average minimum term is 140 days- this is 70 days before the onset of childbirth and the same after. However, its duration will depend on the following factors:

• From whether the mother has a multiple or single pregnancy - in the event that a woman bears several children at once, maternity leave will be extended until 194 days. The first vacation will be 84 days, and the second - 110 days.
• Also, maternity leave also depends on how exactly the woman will give birth. If, for example, the child's mother has had C-section or difficult childbirth, the total vacation period will be 156 days. At the same time, the first part will take 70 days, and the second - 86.

Important! According to Article 255 of the Labor Code of the Russian Federation, leave for both pregnancy and childbirth is considered in total, and therefore it does not matter when exactly the mother of the child went on maternity leave - 140 days are still for pregnancy.

What week do they go on maternity leave?

By law, maternity leave is issued ten weeks before the date a woman is due to give birth. For these purposes, a woman is even given a sick leave, thanks to which she can not only go on a well-deserved rest, but even receive a reward. But what exactly about the weeks? There are two options here:

• If the pregnancy is singleton, the woman will go on vacation in 30 weeks.
• If a woman bears several children at once, then she can go on maternity leave already in 28 weeks.

If she has complications during childbirth, then this case is drawn up through a separate sick leave and a statement written by the hand of the woman who gave birth.

How is it issued

Since there are, in fact, two vacations, the decree is drawn up in several stages. In order for the vacation to really take effect, you need to provide a handwritten application at the workplace and a sick leave taken from the gynecologist. If a pregnant woman carries out her work activities at several jobs at once, several sick leaves are issued for her, indicating disability.

Important! After childbirth, you must not forget to take out a special leave to care for the baby, as well as an allowance that is paid to the mother of the child up to one and a half years.

In order for the grant to be issued, you must provide the following documents:

• document for a child.
• An application completed by the parent who is going on vacation.
• A certificate taken by the other parent stating that he or she has not yet received this benefit.

Where to submit all these documents? This must be done at the place of work or in the FSS.

So how can you take maternity leave? To do this, you need to act on following algorithm:

• First you need to visit the antenatal clinic and it is there to issue a sick leave.
• Next, you need to apply at the place of work.
• Sick leave is attached to the application.
• After that, an order is developed at work, on the basis of which a woman must leave maternity leave on a specific date.
• After the woman successfully gives birth to a child, you need to contact the personnel department at the place of work again to complete the leave, now to care for the newborn.

This will include the following documents:

• Statement.
• Newly issued document for the child.
• If there are any complications, then an additional certificate is taken from the maternity hospital.

Sick leave payments

Due to the fact that the decree, as already mentioned at the beginning of the article, is divided into 2 periods, respectively, and they will pay for it differently.

During the first period, the maternity benefit is paid as 100% of monthly salary for two recent years when the woman was working. During the same period, the woman is also paid a one-time allowance.

In the second period, a woman is paid an allowance for caring for a child up to 1.5 years old, which is 40% of the average monthly salary, and then, up to 3 years - 50 rubles per month.

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Duration

The duration of maternity leave is determined in accordance with Article 255 of the Labor Code of the Russian Federation.

• If the birth of one child is expected, a woman can go on vacation from the thirtieth week of pregnancy, and in case of multiple pregnancy - from the twenty-eighth week.
• Women living in ecologically unfavorable areas (areas of radiation contamination after the disaster at the Chernobyl nuclear power plant and the Mayak plant) have the right to go on vacation from the twenty-seventh week.

In total, their rest lasts:

• during the normal course of pregnancy and childbirth - 140 days (about seventy days before and after);
• with complicated pregnancy and childbirth - 156 days;
• with multiple pregnancy - 194 days (divided into two parts - 84 and 110 days);
• in case of premature birth (if they have passed before 28 weeks, and the woman did not have time to go on vacation) - 156 days from the date of birth;
• when living in a zone contaminated with radiation - 160 days.

Care leave may last until the child reaches one and a half or three years(four and a half if three children are born in a row). To do this, after the sick leave, you must write an application for leave to care.

This can be done not only by the mother, but also by the father of the child, grandmother, grandfather or guardian. At the same time, all family members must provide certificates from the place of work to confirm that only one of them has used this right. Only the first year and a half are paid.

Period shortening

In this case, the payment of benefits will continue. Interrupt vacation in this way and go on it again many times within three years. There is one caveat here: usually a temporary worker is taken in place of an employee on maternity leave. The legislation does not establish the procedure for the early exit of an employee, there is no rule obliging her to notify the employer of her decision within a certain period of time. This means that the employment contract with the substitute employee will have to be terminated immediately. Therefore, the conditions for exiting the decree are usually prescribed in the collective agreement, and the employee will need to take them into account.

Leaving maternity leave ahead of time is not recommended for health security reasons, as well as for economic reasons, because you will have to return the prepaid allowance for days of rest that were not used.

You can leave the decree ahead of schedule only on your own initiative or at the request of the employer. No one has the right to force a woman. To do this, a woman needs to make a statement - oral or written. A written application is drawn up in any form, has summary, usually it contains only the intention of the employee and the dates of the proposed resumption of work. She doesn't have to give reasons. The date of the document is also indicated. It is recommended to submit it two weeks in advance.

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New law

How long is maternity leave in 2018? The new law does not provide for the extension of the decree for mothers, since in this case it is also possible to stay with a child for up to three years.

The innovations affected only the insurance pension period, which now may include more than three maternity years(i.e. caring for two children). and four and a half, as a result of which the calculation of pensions for women will change.

Registration procedure

Registration of maternity leave is carried out by working women at the place of fulfillment of labor obligations.

To do this, they need:

• write appropriate statements;
• confirm them necessary documents(sick leave, birth certificate).

For non-working women, the decree is issued in the service social protection people who will pay them.

In this case, the list of documents will be more impressive, as it will be supplemented by a work book and extracts from the employment center.

When do they leave?

Maternity leave for a pregnant woman begins at the thirtieth week of pregnancy, when the doctor observing her writes out a temporary disability certificate to the expectant mother.

If a woman is expecting two or more children, then in this case she goes on sick leave two weeks earlier.

List of documents

In order to go on maternity leave, a woman must provide the employer with a sick leave and an application.

After the birth of a child, the woman must again write a statement, this time about going on vacation, confirming it with documents for the baby (birth certificate).

Sample sick leave for pregnancy and childbirth here,

sample application for maternity leave and receipt of payments here.

How long is maternity leave?

How long is maternity leave? This question worries many women who want to spend as much time as possible with their baby.

Currently, this period can be divided into several components, each of which has its own maximum terms.

Sick leave due to pregnancy and childbirth lasts one hundred and forty days. If a woman gave birth prematurely or with complications, then in this case the gynecologist extends her sick leave for sixteen days, as a result of which she is paid one hundred and fifty-six days.

With a multiple pregnancy, a woman can count on one hundred and ninety-four days, while eighty-four are given to her before the preliminary date of birth, and one hundred and ten after.

Parental leave with benefits can last a maximum of one and a half years. During this period, non-working women receive benefits, to whom payments begin from the moment the baby is born.

For those who work, this period is slightly shorter, since it takes several months for a sick leave in BiR.

Not only the mother can go on parental leave, but also the father, grandmother or grandfather of the baby.

The latter will receive benefits if they are not yet pensioners. Another point that should be noted is that a woman can go to work part-time, in which case her allowance will be saved.

Another possibility that a mother can take advantage of is that until the child is three years old, she has the right to go to work and go on vacation again an unlimited number of times if circumstances so require.

The third part of maternity leave is leave for a baby under three years of age.

During this period, a working woman is paid an allowance in the amount of fifty rubles a month, and the total length of service is also counted (but not insurance, which is taken in the future to calculate a pension).

A sample application for extending parental leave up to 3 years is here.

For child care

Parental leave consists of two parts:

• up to one and a half years - the period during which all women, regardless of whether they pay insurance premiums to the FSS or not, are entitled to receive benefits, and this period for all mothers will be included in the insurance pension experience;
• up to three years - this leave is given only to working women, in which case they are entitled to receive a small allowance from the employer, and this period is also counted in continuous work experience.

Can it be extended or reduced?

Women preparing for the birth of a baby are allowed to be on maternity leave from the twenty-eighth to thirtieth week of pregnancy until the child is three years old.

It is impossible to be on maternity leave for more than this period, therefore, at the end of it, a woman must either go to work or quit.

But in some cases it is allowed to extend the period of the decree with the help of vacation days due to a woman.

According to Labor Code RF, the employer is obliged to provide the woman with paid leave, which is due to her by law, in the period when she wants it. In this regard, vacation days can be used before the start of the sick leave B&R, after its completion, as well as after the end of parental leave.

At present, this is the only possibility to extend the decree for a short time, which exists in Russian legislation.

Also, every woman, at will, can reduce her maternity leave, if she so desires:

1. This can be done by reducing the duration of the sick leave. Currently, a woman has the right to go on maternity leave at the twenty-eighth - thirtieth week of pregnancy, but if she does not want this, she has every right to continue working until the moment of delivery.
2. Also, she may not go on paid parental leave and return to work immediately after the expiration of the temporary disability certificate.
3. If a woman nevertheless went on maternity leave before one and a half or three years, then she has the right to complete it at any time, notifying the employer several days in advance of her return to work.

Sample application for early exit to work from maternity leave here.

How much is the allowance paid?

Every working woman is entitled to a temporary disability allowance for pregnancy and childbirth.

The amount of this payment depends on the salary. future mother, which she received for two years before going on maternity leave.

In this situation, a woman can claim a payment of one hundred percent of the average earnings. In cases where the income was small or the number of working days for the previous two years was small, then the calculation of maternity payments is carried out on the basis of the minimum wage.

Working women cannot receive less than thirty-four thousand rubles. At the legislative level, it is also established maximum size payments, which this year reached the mark of two hundred and forty-eight thousand rubles.

It should also be remembered that non-working women or employed labor activity without concluding an employment contract, they are not entitled to receive this payment, since the employer does not make contributions for them to the social insurance fund from which this allowance is paid.

The second payment that all mothers can claim is the child care allowance.

Working women also receive it in an amount based on their previous income. The FSS currently pays newborn caregivers forty percent of their average salary for the previous two years.

Unemployed mothers receive a cash payment from the social welfare service.

In 2018, the amount of payments for the first baby was two thousand nine hundred and eight rubles, and for the second and subsequent ones - five thousand eight hundred and seventeen rubles.

The last leave to care for a baby, which is given to a woman from the moment he is one year and six months old and until he reaches three years old, is not paid by the social insurance fund.

In this case, the employer pays his employee fifty rubles a month.

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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 a maternity sick leave from a 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 had a premature birth between 22 and 30 weeks - from the day of birth.

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 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.

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

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 verify 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 institution 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 upon registration for early dates 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.

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?

Vacation in BiR is paid in full, from the first to the 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.

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).

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:

• Woman 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.

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, you need to apply for sick leave, provide it to the employer (to the 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.

detskie-posobiya.molodaja-semja.ru

What it is

There is no such concept in the Labor Code of the Russian Federation, but at the same time, such concepts as pregnancy or parental leave are spelled out in it. It is from them that the decree consists, into which every woman can go. Actually, pregnancy leave lasts for about 4 months, and a young mother can go on it 2 months before the expected date of birth. The basis for it is a sick leave, which is issued by a medical institution where a woman is registered, and the employer must pay for it. In addition, only the expectant mother can issue a decree.

As for parental leave, it can be issued by both the mother and the father or other relatives who actually care for the baby. In order to get it, you need to write an application addressed to the head of the place of work. Let's talk about each case in more detail.

Maternity leave in 2017-2018

Actually, it is with him that maternity leave begins. Most often, women go into it after reaching a gestational age of 30 weeks. However, there are exceptions everywhere, in particular, women who are expecting twins, triplets, etc., as well as young mothers living in regions contaminated with radioactive emissions since the disasters at the Chernobyl nuclear power plant and the Mayak plant, can leave earlier. Thus, according to Article 255 of the Labor Code of the Russian Federation, each case counts on the following vacation periods:

1. With an ordinary pregnancy, which proceeds without serious pathologies, the mother can go on maternity leave for 140 days (70 days before birth, 70 days after).
2. With the expected birth of several children at once, legal leave will be 194 days (84 days before birth, 110 days after).
3. If any complications occur during childbirth, the leave will be extended up to 156 days.