How long does maternity leave last by law? Registration of maternity leave and required payments Maternity leave before childbirth

Maternity leave- this is the time of absence 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.

In current legislation Russian Federation concept is not used "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 parental leave is provided for a longer period (up to the child reaches the age of 3 years) without interruption of work experience 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 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.

With the advent of a child, every family not only has new pleasant chores, but also significantly increases expenses, especially since the entire burden of financial support for the family falls, as a rule, on the shoulders of the father.

The state takes a number of measures to support families with children, including the payment of special benefits and provision for working women expecting a child.

For example, all of them, regardless of length of service, receive payments and benefits during maternity leave. The USSR became the first state in the world to provide women with this type of hair since 1917. The right to it and the payment of insurance coverage to all pregnant women is reflected in Articles 225 and 226 of the Labor Code of our country.

The introduction of such leave is due to the fact that in the later stages of pregnancy, due to health reasons, it is already difficult for women, and if the course is complex, it is impossible to fulfill their duties; in addition, the expectant mother needs time to prepare for the birth of the baby.

Types of financial assistance

Maternity leave, popularly referred to as “maternity leave”, involves release from work while maintaining length of service and place of service and receipt of social benefits provided by the employer or local branches of the Social Insurance Fund.

Maternity leave divided into two parts, its duration depends on certain conditions and can be different:

• 70 days for the pre- and postpartum part (140 calendar days in total);
• if it is expected that the birth will be complicated, the postpartum part is increased by 16 days (156 days in total);
• if several babies are expected to be born at once, then two weeks are added to the first part and forty days to the second (194 days in total).

When a woman goes on vacation, she receives By pregnancy and childbirth, the basis for calculating it is her income, the average for the last two years.

If a woman works in not one, but several work groups at once, then maternity leave is provided at each place of work.

Parents can also count on receiving such compensation payments:

If a woman, while on maternity leave, expecting the birth of her second baby, then all the allowance is also provided to her again according to the same scheme.

Who can receive

All working women, including those liable for military service, students, employees of military organizations who are not military personnel, as well as those registered at the labor exchange, can take advantage of the right to receive maternity leave.

Financial support the state pays for women:

If the length of service before going on maternity leave is no more than 6 months, benefits and compensation in this case will be calculated based on the amount.

Calculation rules and dimensions

The level depends on the length of service and labor income of the last two years. Magnitude maternity benefits is calculated by multiplying vacation days by average daily earnings.

It is defined as follows: from the sum of the average monthly wages of the expectant mother for the two years worked prior to going on leave, all periods of incapacity for work are excluded, and this also includes past maternity leave. Next, the resulting number is divided by 730 days (or 731 if one year is a leap year).

If a woman worked in two places, then her wages at both enterprises are added up when calculating. If she also continues to work in two teams, then the benefit is paid in one of the employee’s choice.

If the average salary results in less than the minimum wage or work experience is no more than 6 months, all calculations will be made based on the minimum wage rate (in 2019 it is equal to 11,280 rubles).

In order to calculate how much you can count on as monthly child care allowance, the amount of average daily income must be multiplied by 30.4 (average number of days in a month) and the percentage of income (0.4).

Minimum and maximum amounts

Since the minimum wage level approved in 2019 is taken for calculation, the most small amount benefits will be equal to:

• for uncomplicated childbirth – 51,9019 rubles;
• for complex cases – 57,852 rubles;
• for the birth of several children at once - 71,944 rubles.

The largest amount is limited by the scale of average earnings from which social insurance deductions are levied. The size of the insurance base in 2018 was 815,000 rubles, and in 2017 – 755,000 rubles. For the calculation, the salary level of the last two years is taken, the values ​​of the insurance bases of that period are used, that is, 815,000 and 755,000 rubles.

Therefore in 2019 the maximum you can get depending on the duration of the vacation is:

• 301,095.2 rubles;
• 335,506.08 rubles;
• 417231.92 rubles.

Child care allowance up to 1.5 years old must be at least 4512 rubles for the first and 6554.89 rubles for the second and subsequent children.

If several babies are born at once, the benefit is paid separately for each.

Payment terms

After all documents have been submitted to the personnel department or accounting department, the organization prepares an order for leave and payment of all due funds. The calculation must be completed 10 days in advance, and payment can be made on the nearest salary transfer date. The entire amount is issued at a time for the entire vacation period.

Approximately according to the same scheme, additional lump sum funds are issued. benefits for registration in early pregnancy and birth benefits. Having received the application and documents, the employer or other body making the payment must pay them to the woman within ten days. This can be done on the day you receive your salary or on any other day no later than the 26th day of the month following the one on which the documents were submitted.

Required documents

In order to go on vacation and prepare for the birth of a baby, as well as receive all the payments due, a woman must collect and submit the necessary documents on time.

For vacation for pregnancy and childbirth submit to the HR department:

To count on funds monthly child care benefits , you need to prepare:

• identification document;
• original and copy of the child’s birth certificate;
• statement.

To receive a one-time benefit for the birth of a child, the father obtains a certificate from his employer stating that he was not paid. Documents are submitted before the child turns six months old.

For non-working women

Women who do not have a permanent job also receive maternity and pregnancy benefits , if they are or are full-time students. You need to apply for it from the local FSS authorities or the administration of the educational institution - for female students.

To do this, the application must be accompanied by a sick leave certificate, a certificate from the antenatal clinic, a document from the previous place of work or a work record book, and a certificate that the woman is registered as unemployed with the Employment Service. The father can receive benefits from his employer.

For information about what payments are due during maternity leave, see the following video:

Maternity leave is a concept that applies to all women leaving the workplace during pregnancy.

In everyday life, this is the name for the period when a young mother is preparing for childbirth, going through the postpartum period, caring for a newborn baby until the moment when he can be sent to kindergarten.

In the last few months before the birth, a woman is obliged to leave work for a certain period of time and devote time to her health and preparation for the birth of the baby, but the employer has no right to keep the employee and force her to continue cooperation.

The law clearly defines the date of maternity leave: 30 weeks of pregnancy.

The employee has 70 days to prepare for the birth of the child.

But this period is relevant only for women expecting one child and whose pregnancy proceeds without the development of any kind of pathology.

The legislation clearly describes all possible cases of pregnancy development and its duration:

1. Standard maternity leave begins from 30 weeks from conception and lasts a total of 140 days. Of these, 70 take place before the birth of the baby, and the same amount after, to restore the mother’s health and feeding in the first months of the baby’s life. After this period, the maternity leave does not end - the vacation begins, during which one of the parents (which one, they will decide for themselves) carries out.
2. Multiple pregnancy provides for an earlier date for going on maternity leave, namely at the 28th week. An expectant mother of many children has the right to 194 days of rest: 84 before birth, and another 110 for recovery. In case of multiple pregnancy, a woman receives an additional 54 days to the standard 140.
3. If it happens that childbirth occurs ahead of schedule , before the date of going on vacation, then the employee is issued maternity leave from the moment of birth of the child for 156 calendar days.
4. If complications occur during childbirth, maternity leave is extended for 16 days. If after the birth of the child the woman’s health has deteriorated, then she has the right to inpatient treatment; the period until discharge is not included in the accounting of vacation days and the maternity leave is extended by the number of days spent in treatment.
5. If fetal pathologies occur, the deadline for going on maternity leave does not change in any way. If an employee requires treatment in a hospital before maternity leave, her attending physician will issue a sick leave certificate, in accordance with which time off will be given. In other cases, the woman is obliged to complete the required terms, regardless of the presence of developmental disorders in the fetus.
6. For employees of companies living in conditions of high environmental hazards, with a strong indicator of radiation, working with chemicals of increased harmfulness, or other conditions established by law, going on maternity leave occurs earlier than the generally established period. Before giving birth you are given 90 days and 70 after, which is 160 days of vacation and maternity leave occurs at 27 weeks.

Exit ahead of schedule

If the employee’s health leaves much to be desired, and the maternity leave period has not yet arrived, she has the right to take annual leave according to the standard scheme ().

The law obliges the employer to provide the employee with such leave either before childbirth, or after, or when maternity leave ends.

Even if an employee got a job in a company where she worked for less than six months, she can still take the next annual leave preceding maternity leave.

If you have already taken a scheduled vacation, you will have to endure it. Only a pregnant woman’s doctor can change the situation by sending her to hospital treatment. There are no other exceptions for pregnant women by law. But the employee gets the opportunity to extend her stay with the grown-up child, or extend her rest and rehabilitation after the birth of the baby.

Going on maternity leave later than expected

The law provides for employees the opportunity to go on maternity leave a little later than expected.

From the moment a woman is due to go on maternity leave, she has the right to see a doctor and, in the absence of indications for a different outcome, may refuse to go on leave before giving birth.

As soon as a woman decides that she can no longer or does not want to continue to be present at her workplace, she must again contact the doctor to obtain a sick leave certificate and enter data into the card.

Pregnancy is a wonderful time in a woman’s life, but it is also a headache for her employer. The manager must know how to calculate and pay maternity benefits, within what time frame the transfer must be made, and what affects the amount of the benefit. Let's take a closer look at maternity leave, and also look at the features of calculating maternity benefits and the procedure for transferring them.

In ordinary life, maternity leave, as a rule, refers to the entire period while a woman is freed from work in order to bear, give birth to, and care for a child until he is 3 years old. But the legislation divided this concept into 2 segments: (basis - Article 255 of the Labor Code of the Russian Federation) and (basis - Article 256 of the Labor Code of the Russian Federation). While the monthly social payment for child care is consistently 40% of average earnings, the calculation of maternity benefits has its own characteristics.

Calculation of maternity payments

To correctly calculate maternity payments, let’s turn to the procedure established by law. To begin with, we note that the period for which a one-time maternity benefit should be calculated is 140 days, for a multiple pregnancy - 194 days, and for a difficult birth - 156 days. All this is reflected in Art. 10 of Federal Law No. 255-FZ. It also says that in the case when a woman is on leave to care for an already born child and is about to give birth to another, she needs to choose only one of the two benefits provided.

The period for which the lump sum maternity benefit should be calculated is 140 days.

Maternity benefits are paid to a woman in the amount of 100% of her salary. The length of her official work may have some influence. If it is less than six months, then the rate of the minimum wage - minimum wage (in 2018 it is 9,489 rubles) is taken as an indicator of average monthly earnings; coefficients are also taken into account.

General definition formula maternity pay includes 3 values:

1. The employee’s income for the previous 2 years (if, for example, the calculation is made in 2018, then 2016 and 2017 are taken).
2. The number of days in this period (730 or 731 days if the year was a leap year).
3. The number of maternity days required for calculation (140, 156, 184).

Rules for calculating benefits

There are certain restrictions and rules for calculating benefits. According to clause 3.2 of Art. 14 of Federal Law No. 255-FZ, the annual average earnings of an employee going on maternity leave cannot be higher than the maximum base amount for calculating insurance premiums. In 2018, this amount is set at 815,000 rubles, but you need to calculate the amount of maternity benefits based on the previous 2 years, so you need to know their limit.

In 2017, the maximum base for calculating insurance premiums was 755,000 rubles, and in 2016 – 718,000 rubles. When calculating maternity benefits in 2018, you must take these amounts into account.

Maximum benefit amount: (755,000 + 718,000) / 730 × 140 = 282,493 rubles 15 kopecks. The minimum benefit amount in 2018 is: (7500 × 12 × 2) / 730 × 140 = 43,675 rubles 40 kopecks.

The maternity leave calculator can be programmed at the enterprise independently (for example, in Microsoft Excel) or the payments can be determined manually.

Income for the previous 2 years does not include sick leave, prior maternity leave, as well as payments made for any other periods during which statutory insurance premiums were not charged on income received. If it so happens that the employee was on maternity leave during the previous 2 years required for calculation, then she can completely replace one or both calculation years with previous years. This way she can increase the benefit amount. That is, in this case, she has the right to choose the years for which her maternity leave is calculated.

As mentioned above, the employee’s length of service may affect the amount of maternity benefits. What should an employer do if his employee has 1 year of experience? The rule is the same for all officially employed women, so the calculation period will also be the previous 2 calendar years. In this case, the actual time worked, which falls on the previous calendar year, is taken in the amount of 100% of the average earnings (say, the last 5 months of that year), for the remaining months (in our example there are 19), earnings are set at the minimum wage.

The employee's length of service may affect the amount of maternity benefits. The rule is the same for all officially employed women.

At the same time, the maternity calendar is different for each employee, but the calculation of the benefit itself is carried out according to the same formula.

How are maternity benefits calculated?

As soon as the pregnancy reaches 30 weeks, the gynecologist at the antenatal clinic issues a sick leave certificate. It indicates the days for which maternity leave is paid.

The employee must provide the following documents to the accounting department or human resources department:

1. Certificate of incapacity for work for pregnancy and childbirth.
2. A certificate of early registration, if relevant (required for an additional lump sum payment in favor of a pregnant employee).
3. Your own statement in free form. You can see a sample.
4. A certificate of actual earnings received for the previous 2 years in the form established by Order of the Ministry of Labor No. 182n. It is provided if the employee has worked in another company over the past 2 years.

Maternity sick leave is paid in accordance with the general procedure, according to Art. 15 of Federal Law No. 255-FZ. Within 10 days from the date of receipt of documents from the employee, benefits are calculated and accrued, and payment is made on the next day of payment of wages. The payment deadline must be observed - for violation by the employer, according to Art. 236 of the Labor Code of the Russian Federation, is obliged to pay a penalty. The surcharge for late payments is 1/300 of the established Central Bank refinancing rate for each day overdue.

The employer assigns and pays maternity benefits. The state compensates the funds paid by the employer, as stated in Art. 4 of Federal Law No. 81-FZ. Employees of the Social Insurance Fund transfer these funds within 10 days to the employer’s account. By the way, maternity benefits are taxed (Article 217 of the Tax Code of the Russian Federation).

Maternity leave benefits are not taxed.

Additional payments

In addition to basic sick leave pay, employees going on maternity leave are entitled to additional payments:

1. One-time payment.

It is fixed, set taking into account the annual indexation and until February 1, 2017 it amounts to 15,382 rubles 17 kopecks. A one-time payment is made to only one parent. To receive it, you must provide the employer with the child’s birth certificate, an application from the parent applying for the payment, and a certificate stating that the other parent has not received this payment and does not plan to.

2. Payment for early registration at the antenatal clinic.

The 12th week of pregnancy is the milestone before which you must register in order to receive this payment. Until February 1, 2017, it is 576 rubles 83 kopecks and is paid simultaneously with maternity benefits. To receive a one-time payment, the employee must provide the accounting department with a corresponding certificate from the antenatal clinic.

The basic benefit and additional payments are also due if a woman, being pregnant after 30 weeks, continues to work and maintains her salary. However, as soon as maternity leave turns into parental leave, the social monthly benefit will be paid only if the woman is part-time or working at home ().

If the employee continues to work after 30 weeks and receives wages, she must still be paid benefits.

Some formalities

Before going on vacation, immediately after it, or after 3 years have passed since the birth of the child, the employee has the right to go on vacation if she wishes, and her work experience does not affect the situation (). Some women take such leave after the paid 140 days have passed because they receive a little more money than child care benefits, thereby stabilizing their financial situation a little.

A pregnant woman or a woman caring for a child under 3 years of age is not allowed. Based on Art. 261 of the Labor Code of the Russian Federation, dismissal is possible only in the case of an agreement with a pregnant woman, but with its extension until the moment of childbirth or on her initiative at any time. If termination of the employment contract does occur, the woman is entitled to calculated compensation. She has the right to receive money for the next vacation of the previous period.

Maternity payments are due to every officially employed woman who is going to become a mother. They amount to 100% of her average earnings for the previous 2 years. The manager must pay her benefits, but not from his own pocket, but from the Social Insurance Fund. Any delay in payments is “punishable” by law, so you should be careful in fulfilling your duties.

I remembered an anecdote from life. “My husband never lies! He promised to send me on vacation to rest and sent me... on vacation... on maternity leave!... I’m resting!!!”

Indeed, many people on maternity leave take a break... from work. And from the first days of pregnancy they are interested in the most important question: when do they go on maternity leave? Career women can also ask the same question in order to calculate what they will have time to do at their favorite job before going on maternity leave.

Don't confuse the concepts

It just so happens that we call maternity leave the time we spend at home with the child, taking a break from work. But in the legislation such a term does not exist at all. The leave we call “maternity leave” consists of two separate leaves:

• For pregnancy and childbirth;
• For child care.

The Labor Code of the Russian Federation, Article 255 regulates maternity leave. Everything is clearly spelled out there, in black and white, as they say.

Maternity leave is also divided into two leaves: prenatal and postpartum, but only formally, because payments associated with going on maternity leave are made all at once, without interruptions.

When, how and for how long do they go on maternity leave?

As soon as the doctor notes that your pregnancy has reached the 30th week, you can immediately go on your long-awaited maternity leave. It is from this period that it is recommended to say goodbye to work and completely quit. In consultation, where the gynecologist will give you a certificate of incapacity for work, which indicates the duration of pregnancy and the date of expected birth. It must be presented at your place of work along with a certificate stating that you were registered before the 12th week of pregnancy, as well as along with a birth certificate containing three coupons.

Many women take annual legal leave from work before maternity leave, that is, in fact, you can go on maternity leave even at the 25th week of pregnancy if the duration of your leave from work is 5 weeks, for example.

How many days you spend on maternity leave depends on many nuances. In a normal pregnancy, prenatal leave is 70 calendar days. Multiple pregnancy gives you the right to rest for 84 days before giving birth, and if you are exposed to radiation, living in radioactively contaminated areas, then as much as 90 calendar days.

The duration of postpartum leave is determined by the birth. If they are normal (without complications), then after them you can rest from work for 70 calendar days. If - 86 days. Happy mothers of twins will receive 110 days of postpartum leave. For up to 30 weeks (if the child is born alive), there are 156 days of postnatal leave, and if the child is stillborn - then 86.

When adopting a newborn, you also have the right to postpartum leave: 70 days from the date of birth of the baby, and 110 days from the date of birth if you are adopting two or more children.

You need to know this!

Maternity leave must be paid for from social insurance funds, and if you are an entrepreneur or unemployed, then the benefit will be paid for by the insurance fund or social services. After maternity leave, as well as after parental leave, you can optionally go on annual paid leave. Or you can refuse maternity leave altogether, since you have every right to do so. There are many known cases where women successfully gave birth “on the job”: today at work with a belly, and after a couple of days off - without it.

As soon as maternity leave has ended, you can write an application for parental leave until your child reaches 3 years of age. For this period, your place of work and position are retained; the time of maternity leave is counted towards your total and continuous work experience and into your work experience in your specialty. However, you can go to work on a part-time basis at any time during maternity leave, then you will retain the mandatory child care benefit. If you reach the full rate, then child care payments are withdrawn.

And the most important moment! Pregnant women and women on maternity leave cannot be fired, since they are protected by the Labor Code. The Law also prohibits reducing wages “due to pregnancy.” At the same time, overtime work, business trips, work on weekends and at night - you are also not threatened, the Law states.

Whatever one may say, maternity leave is golden. With my first child, I personally did not manage to enjoy this happiness, but I waited for the second maternity leave long before the onset of pregnancy.

Don't miss the chance to be on maternity leave. Many will say: what about a career? Perhaps... but only after 20 years will journalism remain journalism (even with changes), but childhood years are gone irrevocably and the baby needs us most of all in the first three years, no matter how you look at it.

Happy maternity leave to you!

Especially for- Tanya Kivezhdiy