Legal leave. Maternity leave under the new law

But first, on the 30th week of the “interesting situation”, she attends a antenatal clinic, where the doctor draws up a sick leave for her from a certain day. If it is already known that the pregnancy is multiple, this happens 2 weeks earlier.

Armed with a certificate of incapacity for work, the employee writes an application addressed to the head, in which she asks for leave for BiR (see sample document). In it, she also asks to accrue her cash benefits for pregnancy and childbirth and for registering at a polyclinic in the initial stages.

The rest of the application is drawn up in the usual form and contains standard details:

• to whom it is addressed (name and position of the head of the company);
• by whom it is written (full name and position of the employee);
• the name of the paper being fed;
• an indication of the period of maternity leave and a request to provide it;
• application list;
• date of writing;
• employee's signature.

The application for maternity leave must be accompanied by:

• himself sick;
• a photocopy of the civil passport of the Russian Federation;
• a certificate confirming that the expectant mother was registered in a antenatal clinic in a timely manner;
• card or bank account details for transferring the payments due to her (if the woman is not going to receive them personally, through the cash desk of the accounting department).

On the basis of the submitted application, the personnel service of the enterprise draws up an appropriate order - “On the provision of vacation ...”, which indicates the date of its start. The maternity clerk is introduced to him, which she confirms with her own signature.

Procedural and medical "tricks"

Pregnant workers are in different life circumstances. Some women tend to stay out of the work process as long as possible. Others, on the contrary, are trying to go on maternity leave early. It depends on the health of the future mother, the level of her material security, support from loved ones (or lack of it).

Both “sloths” and workaholics have some room for maneuver.

The first thing that an employee in a position can influence is the establishment of the day of the onset of pregnancy, from which the date of the expected birth of the child is calculated, and, therefore, the time of her departure on maternity leave. There are two ways to determine when a woman is pregnant:

• obstetric - from the day of her last menstruation;
• gestational - according to the ultrasound picture.

The difference in determining the gestational age by these methods is 14 days. The obstetric method is used by employees who want to take B&R leave as early as possible, since it is he who diagnoses pregnancy two weeks earlier than gestational. The latter is resorted to by female workers who want to work longer.

For those who are in no hurry to go on maternity leave, there are other tricks that allow you to maximize working days. Having determined the start date of pregnancy in one way or another, working women will no longer be able to adjust the date of the opening of the sick leave - doctors will issue a certificate of incapacity for work exactly 70 (84, 90) days before the planned birth.

However, the employee is not required to take sick leave to the accounting department on the day it opens. And until the document is submitted, she has the right to continue working and receive wages. But the allowance for the period of holding the sick leave in her hands is not accrued to her. A woman will begin to receive it only after she goes on maternity leave, handing in a certificate of incapacity for work and writing an application.

Sometimes, in agreement with the authorities, the issue is resolved differently: the woman gives the sick leave to the employer, arranges leave for BiR, receives benefits, but in reality continues to work. In such a situation, instead of wages, she is given a bonus - as if for past merits.

FAQ

During the decree, employees are faced with questions, the answers to which are not always obvious to people who are not versed in legal intricacies. Here are just a few of those conflicts.

Sick leave before and during maternity leave

Pregnancy for many women is a difficult test associated with a sharp deterioration in well-being. Some of them lose the ability to work long before the start of the decree. In this case, they have the right to issue a regular disability certificate without waiting for the 30th week of bearing a child. In addition, a pregnant employee can catch a disease that is not tied to her position - a cold, poisoning, etc. Like any other employee, having fallen ill, she has the right to sit at home if the doctor considered it possible to issue her a sick leave.

Sometimes a woman gets sick during maternity leave. And then she also has the right to take sick leave. He will increase the vacation by the number of days indicated on the disability certificate. However, this is not a great reason to rejoice, since the days added to the decree will not be paid. If the employee is satisfied with this fact, she needs to present the sick leave to the personnel department or accounting department.

From decree to decree: how to make an application

In this case, the “decree” is used in a broader sense and includes not only B&R leave, but also parental leave. If the employee wishes, it can last until the child is three years old. Often, over such a long period, a woman manages to become pregnant again.

In such a situation, the vacationer needs to decide whether she will go to work before the second decree, or whether it will become a continuous continuation of the first. If a woman interrupts her parental leave and, while pregnant, begins to perform work duties, then after the prescribed time (30 weeks from the start of pregnancy), she acts according to the usual scheme: she takes sick leave, writes a statement and goes on maternity leave. The content of the paper she submitted is no different from that which was during the first pregnancy.

It's another matter if a woman is going without leaving care leave. Then, having issued a certificate of incapacity for work at the right time, she writes a statement where she asks to interrupt the current vacation and provide her with leave for BiR for the specified (in words) period. The sick leave issued in the consultation is attached to the application.

Is vacation due during maternity leave?

Being on maternity leave is taken into account when calculating the time when a woman is entitled to take advantage of annual paid leave (Article 121 of the Labor Code). During the days of rest, she goes to experience, and vacation days accumulate. For a 140-day decree, there will be about 11 of them. If a woman, before her vacation in BiR, did not take the vacation she was entitled to for the days worked earlier, she can take it after the decree, adding the accumulated days.

How is maternity leave paid?

The following values ​​apply in 2018:

• • • from January 2018 - 43,674 rubles;
    • from May 2018 - 51,380 rubles;

  - the minimum maternity allowance for a singleton, uncomplicated pregnancy (maximum - 282,493.4 rubles);

• 60,522.18 rubles - the minimum amount of maternity leave if the pregnancy is multiple (the maximum amount is 391,455.14 rubles);
• 48,667.32 rubles - the minimum maternity allowance for difficult births (maximum - 314,778.36 rubles).

In 2018, from January 1, as well as May 1, in connection with the increase in the minimum wage in Russia, the Government raises the upper limit of the maternity allowance. She will leave 61,375 rubles a month. But in order to qualify for the maximum payment, you must have a fairly decent income - at least 63 thousand rubles a month.

The allowance must be granted within 10 days from the date of the employee's application with the relevant application.

If a pregnant woman does not work

If the expectant mother does not have an official job, then she will have to apply for benefits to the social security authorities (at the place of residence). In this case, she can count on the following payments from the state:

• RUB 613.14 - paid if a pregnant woman is registered at an early date (women who study or serve receive it, in other cases unemployed women do not receive it);
• RUB 16350.33 - a one-time allowance for the birth of a baby;
• monthly child care allowance:
  • 3120 rub. - if he is the first;
  • 6131 rub. - if the baby is the second or subsequent.

An unemployed mother receives monthly payments in the indicated amount until the child is 1.5 years old.

Pregnancy ... such an exciting and reverent stage in the life of every woman. This is the time when for the first time in your life you think about your future baby, about yourself, about the rights guaranteed to you by the state, for which you definitely need to familiarize yourself with the legislation, because you will no doubt have the question of financial assistance at the birth of a baby, and about when will you.

What is maternity leave?

We are all accustomed to calling one general concept “maternity leave” the time that will be spent with the child at home after leaving work. And, probably, few people know that such a concept does not exist in the legislation at all, and the vacation that is popularly called “maternity leave” actually consists of two holidays, namely:

• prenatal and postnatal (due to pregnancy and childbirth);
• child care (until his 3rd birthday).

It is the care on such maternity leave that is regulated by the Labor Code.

When is the time for maternity leave and how long does it last?

You have every right to go on maternity leave as soon as your doctor marks the 30th week of pregnancy. It is from this “frontier” that doctors recommend saying goodbye to work and devoting yourself entirely to preparing for the upcoming birth. The gynecologist with whom you are registered must issue you the so-called “certificate of incapacity”, which will indicate the duration of your pregnancy and the approximate date of birth. You need to provide it at the place of work, after which maternity leave will be issued.

Also, before the start of maternity leave, pregnant women can take annual leave at work, which is still required by law, as a result of which it turns out that you can go on maternity leave even for a period of 25 weeks (if your legal leave at work is 5 weeks).

Maternity leave is paid from social insurance funds. If you are unemployed or self-employed, you must be paid legal benefits by the insurance fund or the relevant social services. In addition, after the end of maternity leave, you are entitled to one more mandatory annual leave at work.

For the entire period of maternity leave, it is mandatory to maintain your workplace and your position. The total duration of the decree is counted towards your total continuous work experience.

New mothers should be aware of their legal right to return to work at any time (under the condition of part-time work - then you will keep all payments). When you decide to return to full-time work, such payments will be withdrawn. No employer has the right to fire you during maternity leave, which is guaranteed by the Labor Code.

There are also cases when pregnant women completely refuse maternity leave, to which they have a completely legal right.

Length of maternity leave

The usual statutory maternity leave consists of seventy calendar days. In the case, a woman is entitled to eighty-four days of such leave. If the birth took place with complications, then its duration should be eighty-six calendar days. Women who have been exposed to radiation (for example, lived in a radioactive area) are entitled to ninety such vacation days.

If a woman before the 30th week of pregnancy had a premature birth, after which the child remained alive, she was entitled to 156 days of postpartum leave.

Women who have adopted a newborn child are also fully entitled to 70 days of postnatal leave.

And finally, I would like to note that maternity leave is the time that you can’t make up for later. No job will compensate you for the first few years of your life. Your baby really needs you from the first days of her life, do not take away this joy from her or from yourself. We wish you a happy decree!

Especially for Anna Zhirko

The concept of "maternity leave" in legal practice is absent. So it is customary to talk about a vacation when a woman is going to become a mother.
Every woman has the right to "go on maternity leave". This concept means:

• maternity leave;
• leave to care for your child until he reaches 1.5 years;
• parental leave until the child reaches 3 years of age.

The right to a decree in 2018 is guaranteed to every woman Art. 255 of the Labor Code of the Russian Federation and Art. 256 of the Labor Code of the Russian Federation. Among the women entitled to such leave:

• working under an employment contract;
• having the official status of unemployed;
• female students;
• military personnel;
• working in the military departments as civilian personnel.

A woman who works officially under an employment contract has the right to receive benefits for pregnancy and childbirth, and then for childcare. If a woman does not work, she can receive a childcare allowance through the social security authorities at the place of registration.

According to Art. 255 of the Labor Code of the Russian Federation, paid maternity leave is provided to a woman:

• in the normal course of pregnancy for a period of 140 days - 70 days before delivery and 70 days after delivery;
• if the birth is complicated and the woman is given a caesarean section, then the maternity hospital doctor has the right to extend her postpartum leave for up to 86 days. The total duration of the vacation will be 156 days;
• if a woman is expecting two or more children at the same time, then she is supposed to have 84 days before giving birth, and 110 days after giving birth. These days are paid based on the woman's average earnings over the past 2 years.

Maternity allowance

In 2018, only women officially engaged in labor activities can count on such a benefit, since it is paid from the social insurance fund. Contributions to this fund come only from official wages.

According to the Federal Law of May 19, 1995 No. 81-FZ “On State Benefits for Citizens with Children”, the following categories of women are entitled to receive such benefits:

• officially employed;
• women who were dismissed up to 12 months before such leave, from the liquidated enterprise;
• female students studying full-time and receiving a scholarship;
• women who do military service under the contract;
• women who belong to all of the above categories, but who have adopted a child under the age of 3 months.

If a woman acquires the right to receive maternity and pregnancy benefits at the same time (as in the case of the adoption of a newborn), then she can choose only one type of payment.
If a woman does not go on vacation, but continues to work and receive a salary, then she loses the right to pregnancy benefits. The employer does not have the right to pay a woman both a salary and an allowance.
If a woman has worked at her main place of work for the past two years, as well as part-time, then both employers must pay her benefits.

The maternity leave allowance is granted to a woman on the basis of the following documents:

• sick leave. It is issued in the antenatal clinic, where the woman is registered. The doctor who delivered the woman has the right to extend the sick leave;
• an application addressed to the employer with a request to grant her maternity leave. It is written in any form, but on the letterhead of the organization;
• a copy of the woman's passport - a page with a photo and registration;
• number of the card or bank account where the benefit will be transferred. A woman can get it in her arms. It is not prohibited by law;
• proof of income from employment. It is issued in the accounting department and is a confirmation of the calculated allowance;
• application for benefits. It is written in exactly the same way as a vacation application, but it indicates a request to pay benefits.

The sick leave is issued immediately either for 140 days or for 184 days (for multiple pregnancies). It closes immediately on the day of issue.

To apply for parental leave up to 1.5 years old, a woman must prepare the following documents:

• a copy of the child's birth certificate;
• an application addressed to the employer for granting her leave to care for her child until he is 1.5 years old. The application is written in any form, or on the letterhead of the enterprise;
• a certificate from the husband’s work that he does not use this vacation and does not receive benefits;
• copy of passport pages with photo and registration;
• number of the card or bank account where the allowance will be transferred;
• claim for child support. It is written in the same way as a vacation application, but with a request for benefits.

Maximum Benefit

The maximum amount of maternity benefit is limited by law. It is not the allowance itself that is limited, but the maximum amount of a woman's earnings per year.
In 2016, the maximum earnings of a woman is 718 thousand rubles, and in 2017 - 755 thousand rubles. These periods will be used to calculate payments to women who will go on maternity leave in 2018.

To calculate maternity payments in 2015, it is necessary to use the woman's earnings for 2014 and 2013. In 2013, the maximum annual income was 568 thousand rubles.
The maximum allowance in 2018 is (755,000 + 718,000) / 730 * 140 = 282,493.40 rubles.

To calculate the child care allowance, the average earnings of a woman are also needed. The amount of such benefit is equal to 40% of the average earnings for the last 2 years, but not more than the maximum value established by law.
The maximum amount of such benefits in 2016 is (624,000 + 670,000) / 730 * 30.4 * 0.4 = 21,554.82 rubles per month.

How is maternity leave paid?

The allowance is paid in the amount of 100% of the average earnings of the "maternity" for the last 2 years, regardless of the length of his work with this employer. This is stated in the Federal Law No. 255 of November 01, 2011. That is, for a woman leaving on maternity leave in 2017, for calculation it is necessary to use earnings for 2015 and 2016.
To calculate the average wage, you must take into account:

• the salary itself
• premiums;
• holiday pay;
• travel allowances;
• other payments related to work and specified in the certificate 2-NDFL.

To calculate the average daily earnings, you need to take the number of days for 2 years. That's 730 days (731 if it's a leap year). But from the calculation it is necessary to exclude:

• days when the woman was on "sick leave";
• previous maternity leave;
• previous leave to care for your child up to 1.5 years;
• administrative leave;
• other periods in work when wages, and, consequently, contributions to the Social Insurance Fund, were not accrued.

Foreign citizens who work in Russia under an employment contract are paid maternity benefits in accordance with Russian legislation from the FSS.
According to the same rules, allowances are paid to citizens of Belarus, Armenia and Kazakhstan.

How to calculate maternity benefit

The calculation of maternity leave in 2017 must begin with the calculation of the annual income of the employee for 2015 and 2016. With proper accounting, the amount of income can be taken from the certificate in the form 2-NDFL.

Then you need to calculate the actual number of days that are excluded from the period. This is done on the basis of personnel documents.
The insurance experience of a woman does not affect the fact of receiving benefits, but its size. If a woman's work experience is less than 6 months, then maternity pay is calculated from the minimum wage. In 2016, it is 6,204 rubles.

The calculation of maternity leave is made by the doctor of their antenatal clinic, where the woman is registered. As a rule, a woman goes on maternity leave at 30 weeks (with multiple pregnancy - at 28 weeks). The doctor calculates the day of care based on the woman's medical indicators.
Sick leave is immediately issued for 140 days or 184 days. In the normal course of pregnancy, but with complicated childbirth, the doctor of the maternity hospital extends the postpartum period to the woman up to 86 days. The employer will be required to pay additional benefits for these days.

The allowance is calculated in total for the entire vacation. In Art. 15 of Law No. 255-FZ says that a woman should receive this benefit no later than 10 days from the date of delivery of the sick leave to the employer or on the next date of payment of wages or advance payments to other employees. The allowance can be received on hand, or it can be transferred to a bank account or a bank card. This is not specified in the law.
The child care allowance is paid in the amount of 40% of the average salary per month. The calculation of such benefits is similar to the calculation of vacation pay and maternity benefits.

Calculation example

For example, a woman had a salary of 24,000 rubles for the last 2 years. She did not receive any additional payments. She worked completely for 2 years, that is, she has no deductible periods. Maternity leave is 140 days.
The maternity allowance will be equal to: (24,000 * 24) / 730 * 140 = 110,465.70 rubles.
Based on the same data, up to 1.5 children this woman will receive an allowance in the amount of (24,000 * 24) / 730 * 30.4 * 0.4 = 9,594.70 rubles.

If a woman has an official status of unemployed, then the benefit is calculated based on the minimum unemployment benefit. That is, she will receive: 438.87 / 30 * 140 = 2,048.06 rubles. And for child care (438.87 * 24) / 730 * 30.4 * 0.4 = 175.45 rubles.

If the woman's experience is less than 6 months, then the amount of the allowance will be calculated based on the minimum wage. Its value in 2016 is 6,204 rubles.
The woman will receive an allowance in the amount of: (6,204 * 24) / 730 * 140 = 28,555.40 rubles.

The minimum wage is also used to calculate the child care allowance. Based on this, a woman will receive child care in 2016 (6,204 * 24) / 730 * 30, 4 * 0.4 = 2,480.2 kopecks.

Vacation days

The number of days of maternity leave in 2017 is defined in Art. 255 of the Labor Code of the Russian Federation.
If the pregnancy proceeds normally, then the woman goes on vacation at the 30th week for 140 days - 70 days before delivery and 70 days after delivery. With multiple pregnancy, a woman goes on maternity leave at the 28th week for 184 days - 84 days before delivery and 110 days after delivery.
If a woman gives birth with complications, then the maternity hospital doctor extends her sick leave in the postpartum period from 70 to 86 days. With a pre-known multiple pregnancy, the sick leave is not extended.

A woman goes on leave to care for a child up to 1.5 years. The calculation starts from the date of birth of the child, according to the birth certificate.

Second maternity leave without leaving the first

A woman has the right to go into the second decree without leaving the first. How, then, to calculate the allowance for pregnancy and childbirth, as well as for child care?

For example, a woman went on maternity leave in 2014. Income for 2013 and 2012 was used to calculate the allowance. In 2016, she again goes on maternity leave, without leaving the first one. For the calculation, you need to use 2015 and 2014. But at that time she was on maternity leave, and this period is not taken into account. How to be?

First you need to apply for the termination of the first parental leave, and for the second maternity leave. A woman is not entitled to receive 2 benefits at once.

To calculate the benefit for the second maternity leave, the same periods will be used as for the first time. That is, based on the example, for 2012 and 2011.

At the end of the maternity leave, a woman is entitled to a second leave to care for her child until he is 1.5 years old. The care allowance will also be calculated based on the woman's annual earnings for the last 2 years before the first decree.

Many expectant mothers are especially worried about leaving work on maternity leave. What is due to pregnant women who go on maternity leave, and what laws protect them?

Leaving work for well-deserved parental leave scares many moms. Still would! Official work and stable income have warmed the soul and pocket for so many years, but here it is a complete unknown. Fortunately, the law in our country takes the side of women, and the state supports the young mother in all respects.

Registration procedure

What is popularly called a decree, in fact, two different holidays. The first - for pregnancy and childbirth - is issued on the basis of a sick leave, which is issued to the expectant mother a certain time before the expected date of birth. The minimum period of such a sick leave in Russia is 140 calendar days, namely 70 days before the DA and 70 days after. With multiple pregnancies, you can go on maternity leave two weeks earlier - 84 days before the due date. In case of complicated childbirth, leave after the baby is born is extended to 86 days, and when two or more babies are born at the same time - up to 110 days.

A sick leave certificate is issued by a gynecologist who observes a pregnant woman, and it must be taken to the main place of work, attaching an application for maternity leave.

If desired, a woman may not go on vacation from the date indicated in the sick leave, but do it later.

The second leave that a woman is entitled to after childbirth is parental leave. Its maximum duration is 3 years from the moment the baby is born.

Laws

According to the law (Article 260 of the Labor Code of the Russian Federation), the expectant mother has the right to annual paid leave before or after sick leave, even if she has been working in this organization for less than 6 months. Moreover, the duration of the vacation can be maximum - 28 days.

Maternity leave is included in the length of service, but leave to care for a child up to 1.5 or 3 years is not (Article 121 of the Labor Code of the Russian Federation).

Leave to care for a child up to 1.5 years old can be issued not by a mother, but by a father, grandmother or any other employed relative who will really sit with the baby and receive a monthly allowance for him.

During maternity leave, a woman has the right to work part-time or part-time. At the same time, she will receive both a salary (based on actual working hours or the amount of work) and a child care allowance.

In addition, part-time mothers are entitled to annual paid leave and breaks during working hours (for women with children under 1.5 years old, except for a lunch break, 30-minute breaks to feed the child at least once every 3 hours ). By the way, breaks for feeding the crumbs are included in working hours, that is, these hours are also paid.

A woman who is on maternity leave or on leave to care for a child up to 1.5 and up to 3 years cannot be fired. Exceptions are such cases: liquidation of an organization, branch or representative office (clause 1, part 1, article 81 of the Labor Code of the Russian Federation); expiration of the employment contract (clause 2, part 1, article 77 of the Labor Code of the Russian Federation, it is possible to fire a woman only after the end of pregnancy); dismissal of one's own free will (Article 80 of the Labor Code of the Russian Federation).

The employer is obliged to keep a job for a young mother until the child reaches 3 years of age. If the vacancy is abolished during this time, the woman must still be provided with a job with no less wages.

Payments and benefits

Going on maternity leave, the expectant mother immediately receives maternity payments for sick leave. Who is eligible for these payments and how much will they be?

• Officially employed women receive maternity leave in the amount of 100% of the average earnings for the previous 2 calendar years, but not more than the maximum allowable amount of payments (in 2016 it will be 248,164 rubles). If the expectant mother has been working for less than 6 months, she will receive maternity leave based on the amount of the minimum wage (28,556 rubles for 140 days). Well, if a woman decided to go on maternity leave later than expected (that is, she did not write an application for vacation), she will receive a salary for the days actually worked, but the maternity benefit will be reduced. Despite the abundance of online calculators for calculating maternity pay, it is almost impossible to find out the exact amount without the help of an accountant, because the calculation is made taking into account all weekends, holidays, holidays and sick days for 2 years.
• Pregnant women dismissed due to the liquidation of the organization are paid maternity leave by the social protection authority, and their amount is indexed annually (in 2015 it was 544 rubles per month).
• Individual entrepreneurs and lawyers who regularly pay insurance premiums to the Social Insurance Fund of the Russian Federation also receive maternity leave based on the amount of the minimum wage.
• Women who serve under the contract receive payments in the amount of monetary allowance at the place of service.
• Full-time students may be eligible for scholarships.

In addition, a future mother who has registered for pregnancy before 12 weeks is entitled to an increase in maternity. In 2016, this will be an amount of about 577 rubles.

When a baby is born, one of the parents receives a lump-sum allowance. In 2016, it is expected to be 15,382 rubles.

Well, then the young family is waiting for monthly payments of allowances for caring for a child under the age of 1.5 years. Its amount is calculated as 40% of the average earnings for the previous 2 calendar years, but not less than 2,884 rubles for the first child and 5,768 for the second and subsequent ones, and not more than 21,555 rubles per month.