The birth of a child is a joyful event for which preparations begin long before the baby is born. One aspect of such preparation is the care of the expectant mother in maternity leave so that she can properly rest and tune in to the upcoming event. What kind of vacation is this, when should you fill out the documents and what kind of financial assistance from the state should you expect - read on.

What is this

The concept of “maternity leave” in modern legislative framework RF is no longer used and only the definition of two remains official types leave: for pregnancy and upcoming childbirth, and for caring for the baby. Both options have clearly limited terms and do not interrupt the mother’s work experience, following each other in most cases.

Maternity leave

This type of leave (this is what the familiar term “maternity leave” is often understood as) acts as a social guarantee for all officially employed expectant mothers, as well as for those women who are going to suspend military service or contract service. Maternity leave is issued in the form of sick leave, with clearly defined boundaries for its duration. During this time future mom should prepare for labor itself, take a break from it and devote time to your newborn child.

Important!This type of leave is available not only to those women who are going to give birth on their own, but also to those who are adopting babies up to three months old.

Of course, during such a “rest” a woman can claim a financial benefit in the amount of 100% of the average amount of her salary for the previous two years.

This type seems to replace the previous one and continues until the child is three years old. Of course, in order to receive such an additional deferment, an employee of a company or enterprise must appear at her workplace again (after giving birth) and write a corresponding application, supported by all the necessary documents: the baby’s birth certificate and a certificate from the father’s workplace (she must confirm the absence of such registration leave on his part).
However, no one forbids a young mother to return to her professional duty after the expiration of the preliminary leave period, leaving the baby with her husband, grandmothers, other relatives or a nanny. In addition, up to three years you can take turns taking leave: for example, up to a year a woman is at home, from a year to two - her husband, and then a grandmother.

What time do they leave and how long does it last?

Many women look forward to maternity leave, because starting from the end of the second trimester it becomes increasingly difficult to cope with their responsibilities, especially if the work involves physical activity. This nuance was taken into account when drafting laws.

What week

Legal maternity leave, related to preparation for the upcoming birth of a child, begins at the full 30 weeks of pregnancy, in confirmation of which the expectant mother must present the appropriate document - maternity leave. It is in it that the timing of her absence in connection with bearing the baby and the upcoming birth is indicated. True, if a woman is expecting several babies, then she is entitled to a well-deserved vacation from the 28th week.

Timing of maternity leave

According to the labor code in force today, leave in connection with pregnancy and the birth of a baby is guaranteed to officially employed women for the following period:

• for 140 days (70 days before delivery and 70 days after it) during the normal course of the process;
• for 156 days (70 days before and 86 after), if any complications were noted during labor;
• for 194 days (84 before and 110 after) when several children are born.

The starting date is the day the sick leave is issued (at 30 or 28 weeks of pregnancy).

Important!Premature delivery or, on the contrary, a delay in this process will not be a reason to change the period of leave. Extension of the noted deadlines for the specified objective reasons is possible only with the issuance of another certificate of incapacity for work and another application drawn up on its basis.

Who is entitled to maternity leave?

Leave in connection with bearing a child and the upcoming birth, as well as the subsequent temporary rest to care for a child up to three years old, is due to all working pregnant women, as well as those who are on military service or was fired due to the liquidation of the enterprise, and then registered with the employment service. In addition, female students also have similar rights.

How to apply for a vacation: necessary documents and procedure for consideration

For different types of maternity leave, there is a different system for registering it, of course, with different types documents.

For maternity leave

To obtain a legal leave of this type, the expectant mother will need to collect the following package of documents:

• certificate from antenatal clinic about registration up to 12 weeks;
• sick leave, issued in the 30th week, and providing for the inability labor activity for a period of 140, 156 or 194 days;
• a copy of the woman’s passport;
• a certificate of income received (salary) for the past 12 months;
• card number in the selected bank for transferring benefits (must be issued at the bank in advance);
• application addressed to your employer.

The entire process of obtaining maternity leave is as follows:

• at the 30th week (if carrying several babies - at the 28th), the expectant mother collects her sick leave from the antenatal clinic (if necessary, in several copies);
• then the woman needs to personally write and sign an application addressed to the manager (the HR department can help with this in order to complete everything correctly);

Important!Do not forget to indicate the specific number of days of your vacation, because in each individual situation the period is calculated individually (noted on the sick leave), as well as the requirement to provide benefits for pregnancy and upcoming childbirth, in accordance with compulsory social insurance.

• after submitting all the above documents, the HR department will process the appropriate order for your temporary absence;
• from the date noted in the order, the pregnant woman can officially go on vacation in order to prepare for the upcoming important event In my life.

For maternity leave

Having fulfilled all the previous requirements, the expectant mother can relax until the baby is born, and then she will have to once again collect documents to obtain an exemption from work caring for him (up to 3 years). Of course, this is only if the family council does not decide on another option: the husband or other relatives can take care of the baby. To apply for this vacation option you will need:

• citizen's passport identification (copy);
• a copy of the birth document;
• bank card number;
• statement.

With all these papers, you will have to visit the HR department again, after which the young mother will have the right to remain on maternity leave until three years old her child.

Payment during maternity leave

If the expectant mother falls under compulsory social insurance due to temporary loss of ability to work due to maternal responsibilities, then the benefit due to her should not be less than the average salary or, especially, the minimum wage provided for by law (from January 1, 2018 it will be 9,489 rubles , for now - 7800 rubles). If the duration of official employment before pregnancy was less than 6 months, then the calculation of the benefit amount is made taking into account the minimum wage in force when calculating assistance.

Maternity benefit

To determine the amount of financial assistance that any officially employed woman is entitled to claim upon reaching 30 weeks of pregnancy, all her labor payments for the previous 24 months, before the year of maternity leave, are taken into account. That is, if you plan to go on maternity leave in 2018, then when making calculations, the HR department will be guided by financial data for 2016-2017.

The maximum possible assistance related to maternity leave in 2018 is provided at the level of 282,493 rubles and 40 kopecks, and the minimum value of the benefit will reach 43,675 rubles and 80 kopecks.

Additional benefit

Women who register before twelve weeks of pregnancy are entitled to this type of financial assistance. In 2018, the amount of this additional benefit will be equal to 632 rubles and 76 kopecks (from February 1), but for now it remains at the same level - 613.14. The pregnant woman will be able to receive this money from her employer along with maternity benefits or, in the case of inpatient training, at the place of study. If a woman does not study or work, then this type of assistance will be provided to her by the service social protection.

Did you know? While in some countries they are trying by all means to increase the birth rate, in China, since the 1970s, they have been doing everything to prevent more than one baby from being born in one family. Despite the fact that this policy has recently weakened a little, fines are still in effect today. The largest fine was in 2014 for director Zhang Yimou and his wife, who gave birth to three children before their wedding and without permission.

One-time benefit for the birth of a child

From February 1, 2018, the amount of this type of assistance increases from 16,350.33 rubles to 16,873.54 rubles. Such assistance has nothing to do with the professional employment of a young mother before maternity leave and is paid to absolutely all women who have given birth. The right of registration is granted to one of the parents - both the mother and the father of the newborn.

Child care allowance

Until the baby is one and a half years old, his parents quite reasonably claim financial assistance to care for him, paid every month in fixed amount. The amount of this assistance is determined based on the salary of the parent (mainly the mother, but also the father) for the previous 24 months, but not more than 40% of the total amount.

Starting from 2018, a woman will receive 3,163 rubles for her first baby, and 6,327 rubles for her second and subsequent children. Maximum size This benefit should not exceed 24,536 rubles, and when receiving money through social security authorities (this is possible in the event of liquidation of an enterprise during maternity leave) - 12,262 rubles. For those who were not officially employed, assistance with child care up to 1.5 years is at the stated minimum level. In some regions of the country, parents are paid benefits for children under three years of age, but this is only subject to the birth of a second and subsequent children. If a young mother wants to extend maternity leave to three years to care for one child, then she is entitled to only 50 rubles of assistance per month.

Did you know? A lifetime maternity leave could be granted to the Arab Daad Mohammed Murad Abdul Rahman, who at the age of 70 has become a father 96 times.

Maternity leave for husband

According to current legislation, the father of the family can go on maternity leave only after the end of his wife’s 140-day maternity leave, having informed the employer of his decision 7 weeks before this moment. All maternity benefits will be issued to him only after official confirmation from the management of his absence from work in connection with caring for the baby. In some cases, part-time work for the father is allowed, which is very convenient if the mother does not have a job and he has a large “white” income. As in the case of a woman going on maternity leave, a man retains the right to his workplace upon expiration of the agreed period. In a word, the birth of a child is the same responsibility for both the mother and the father, so maternity leave can be issued in equal parts. As a rule, each family is guided by its own interests in this matter.

Although pregnancy is not a disease, but a joyful event, when an expectant mother works, she must still carefully monitor her health and remember that the interests of the child are above all. This also takes into account current legislation, which guarantees maternity leave to a pregnant woman. But how many weeks they go on maternity leave depends on their state of health and personal wishes.

Regulated maternity leave

In fact, how long a woman will not work depends on herself. Minimum duration of maternity leave - 140 calendar days. Some can look after a child for one and a half, or even three years, if it is not possible to send the child to kindergarten or hire a nanny.

Russian legislation provides these minimum 140 days so that a woman can give birth normally and survive postpartum period. If twins or even triplets are expected, the period increases to 194 days. The indicated duration of such leave is divided into exactly two: before and after childbirth (70 and 70 days, respectively). Therefore, you can accurately calculate how many weeks you go on maternity leave. As a rule, at 30 for a singleton pregnancy and at 28 if you are expecting more than one child.

Since going on maternity leave does not take into account previous leaves, some women choose to stop working earlier. The legislation allows you to go on regular leave, receive the vacation pay due for it, and then immediately apply for maternity leave. The same can be done after childbirth. Thus, the period during which a woman can safely bear a child or spend longer with the baby is extended.

If you already had a vacation this year, then you can slightly extend the maternity leave by agreeing with your doctor, and the woman will be able to go on maternity leave two weeks earlier.

Everyone, no matter how many weeks they go on maternity leave, should receive benefits. Even the unemployed, students, entrepreneurs. It’s just that if you are not officially employed and do not draw up documents at your place of work, then your application and sick leave will need to be submitted to the Department of Labor and Social Protection of the Population.

How long can you stay with a child on maternity leave?

If a woman prefers to look after the child herself and not work, then she can apply and take out maternity leave. Its duration is from 1.5 to 3 years. Although recently, fathers are increasingly taking such leave. There is nothing wrong with this, it just depends on who benefits from making money.

And you shouldn’t be afraid that the employer will refuse long-term leave or fire the employee altogether. After all, this is prohibited by law. At the same time, it no longer matters how many weeks people go on maternity leave; maternity leave does not depend on this.

Is it possible to work on maternity leave?

On the one hand, a pregnant woman will most likely want to stop working as early as possible, while receiving all the money she is owed; on the other hand, the employer may be interested in ensuring that a qualified employee remains in the workforce longer.

If your pregnancy is easy and you want to work longer, you need to remember that maternity leave cannot be postponed, and accruals are made only on actual vacation days. And if you apply for it later than the 30th week, then the missed days will simply “burn out”, they will not be paid additionally, and the rest of the period will remain the same - it will not increase.

You can, of course, try to come to an agreement with your boss that you take maternity leave, but continue to work and receive your salary “in an envelope,” but in this case you are not protected by law and can only rely on the honesty of management.

Our legal advice is designed to provide legal information on issues of interest to forum readers. Among many topics, the topic of maternity leave aroused the greatest interest among readers. And this is not surprising. After all, every girl, as a future young mother, with great interest wants to understand issues related to the legislation regulating the procedure for going on maternity leave. Modern young families plan their family life and maternity leave is no exception.

And so, in continuation of the conversation about maternity leave (see our articles on this topic published earlier in the “Legal Advice” section), today we will talk about how many months a woman can go on maternity leave.

Maternity leave and when can you go on it?

And so, the woman became pregnant. And it doesn’t matter whether this happened according to a pre-planned scenario or whether it happened spontaneously, in any case, the state is obliged to provide every pregnant woman with the necessary social benefits and labor guarantees. Of course, this happens in different ways for different categories of expectant mothers, which depends on various components. For example, for those officially employed employment contract Such guarantees are maximum.

The opportunity to go on paid maternity leave is just one of these state guarantees.

Maternity leave itself is granted for a certain time period, which covers some time before and after the birth of the baby. It is official and sanctioned by law. The Labor Code provides for its payment and a guarantee of maintaining a job for the pregnant woman for the entire period.

Payments for maternity leave are calculated based on the average wages working pregnant woman. And they are paid at once for the entire maternity leave.

The right to maternity leave for a working future owner of a baby is formed at a certain period of her pregnancy, when she is given sick leave at the antenatal clinic. Non-working mothers can take advantage of state maternity benefits a little later - after the birth itself.

Social and legal support for the interests of a pregnant woman and her unborn child provides for certain dates when, how and in what week she is entitled to go on maternity leave. Previously, before determining the date of maternity leave, the pregnant woman is carefully examined, indicators of her health and the health of the developing fetus are determined, and her well-being is determined.

Who determines the start date of pregnancy and how?

A pregnant woman on her own is unlikely to be able to accurately determine her gestational age. This is the job of specialists - doctors of the antenatal clinic, where during the visit a woman is given the date of her pregnancy using special methods obstetrics and gynecology. Doctors then set a date that will be the thirtieth week from the date of conception. Doctors sometimes use the gestational method of determining pregnancy or the ultrasound method, which we wrote about in a previous article. But then the period of maternity leave can begin much earlier (up to 15 days).

Now, answering the question of how many weeks or months women go on maternity leave, it is important to understand that the moment of maternity leave begins for a working and non-working pregnant woman is different. The sources from which maternity benefits will be paid will also be different.

How is maternity leave given by law?

The main law that sets out labor guarantees for pregnant women is the Labor Code Russian Federation, which provides for the protection of the interests of women workers.

For non-working women, there is Federal Law No. 255, which provides for insurance for non-working women due to their pregnancy and maternity.

It is these regulations that contain the answer to the question of how many weeks (months) people go on maternity leave.

As for the first category of pregnant women - workers, they go on maternity leave in accordance with labor rights in the 7th month or 30th week, having registered with the housing complex and received a certificate of incapacity for work for pregnancy and childbirth.

Previously, we talked in detail about how to obtain such sick leave and how to write an application for maternity leave. We also discussed exceptions for which the dates for going on maternity leave are shifted to earlier dates (so we talked in detail about the onset of maternity leave 14 days earlier for the lucky owners of twins, triplets, etc.).

It is important to emphasize that when determining how many months in advance women who become pregnant again or for the third time, etc. go on maternity leave. Once again, it doesn’t matter what kind of child she is expecting, in any case, the law has determined that the doctor is obliged to issue a sick leave sheet to her regardless of the number of pregnancies in the same period. And a woman will always go on maternity leave at 30 weeks during a normal pregnancy. And non-working - from the moment of the birth of the first, second or subsequent child (it does not matter whether it is the first birth or the second, third, etc.).

Regarding the timing of maternity leave, let us clarify once again that the current laws in Russia determine its beginning from the 28th – 30th week, and the end of the maternity leave occurs when the born person turns 3 years old. More early dates maternity leave occurs if the birth is premature or multiple births are diagnosed during pregnancy, when the birth was accompanied by complications, then the sick leave can be extended by 16 days. (which we wrote about in more detail a little earlier in our legal advice).

How many weeks are maternity leave given and how long does it last?

In conclusion, let us once again summarize how many weeks women go on maternity leave in various situations and how long maternity leave lasts:

Normal pregnancy - 30 weeks. Duration – 140 days (70 before and 70 after birth). This is a situation where one child is diagnosed and delivery is predicted in the absence of medical complications.

Multiple pregnancy - 28 weeks. Duration – 194 days (84 before and 110 after birth). A situation when the development of two or more embryos is diagnosed during one pregnancy. Additional days are added to maternity leave both before and after childbirth.

When multiple pregnancy was not diagnosed during pregnancy, but as a result more than one child was born, the leave before childbirth will be 70 days, and after - 124 days.

– 30 week. Duration – 156 days (70 before and 86 after birth). This is a situation in which one child is diagnosed, but the manifestation of certain medical complications is expected (which the doctor will indicate on the certificate of incapacity for work).

Premature birth

– 22-30 weeks (from the date premature birth). Duration – 156 days. At the same time, the first part of the maternity leave (prenatal) is provided in the usual manner.

Pregnancy in conditions of radioactive contamination

– 27 week. Duration – 160 days (90 days before and 70 after birth).

Maternity leave is always intended to protect the health of the mother and her unborn child. And if a pregnant woman feels that her rights are being violated in one case or another, she must remember that the law is on her side and immediately file a complaint with state and judicial authorities.

The period of pregnancy is inextricably linked with the onset of maternity leave. This stage in the life of a pregnant woman offers a number of benefits. The list of social guarantees may vary. Of particular interest to working women is information about how many weeks they go on maternity leave.

In contact with

What is maternity leave

There is no mention of maternity leave in the current legislation. This concept is a common expression.

Regulatory legal acts presuppose the presence period of incapacity for work due to pregnancy and childbirth, as well as the temporary period of child care.

The combination of these elements is the basis of maternity leave.

One of the common questions among pregnant women is how many days maternity leave can last.

It is important to understand that such absence from work equals a 2-month period before the expected birth and the same after delivery. This period is confirmed by issuing a sick leave certificate. It is obligatory to pay at the place of last work. Only pregnant women can take this kind of leave.

How many days maternity leave lasts is affected by its division into the following periods:

• the course of pregnancy;
• delivery;
• newborn care.

The temporary period of child care is one of the reasons for legal absence from work. During this time, care and guardianship of the child is expected. preschool age. It should be remembered that on a vacation of this kind not only mom but also dad can leave. For this purpose, a special application is drawn up.

Informative! How to apply: what can you use the manual for?

There are many factors that influence how long people go on maternity leave. These reasons include:

• diagnosing a normal pregnant condition (carrying one child);
• detection of multiple pregnancy (carrying two or more embryos);
• implementation of artificial insemination (IVF procedure);
• detection of fertilization in women who were previously exposed to radiation (referring to the accident at the Chernobyl nuclear power plant).

There are some differences in maternity leave depending on employment. So, among these moments the following stands out:

• For women with official employment, rest begins in the final stages of pregnancy. They are issued a certificate of temporary incapacity for work; This document guarantees the right to release from work and receive benefits.
• For women who were not employed by an existing enterprise, benefits are paid after the registered birth of a child.

These aspects influence how many months people go on maternity leave.

Important! If a pregnant woman does not have a place of work, the settlement process is carried out taking into account Federal Law No. 255. This document involves clarification of points taking into account temporary disability.

It should be noted that the fundamental the document regulating the maternity period is Labor Code Russian Federation. Moreover, its effect applies exclusively to the employed population.

When they go on maternity leave

According to current legislation, there are several options for how many weeks people go on maternity leave. Thus, the Labor Code provides the following opportunities:

• If there is a first pregnancy, a woman can go on maternity leave from 30 weeks of gestation.
• If multiple pregnancy is diagnosed, you can go on leave from 28 weeks.
• If you live in an environmentally unfavorable area, a vacation period of 27 weeks is expected.

It should be understood that, according to regulatory legal acts, there is no difference in timing for the first, second and subsequent pregnancies.

In any case, the woman is entitled to rest from the 30th week. An exception to the rule is the regulation of maternity leave for women without a permanent job.

In their case, rest begins only after the birth of the child.

Women often wonder how to go on maternity leave before 30 weeks.

Informative! about pregnancy and childbirth: how to calculate

It is important to remember that the beginning of the period is counted upon reaching 30 weeks of gestation. The only option for going on maternity leave before 30 weeks is diagnosis of multiple pregnancy or fact of premature birth.

Please note that there is a way to speed up the long-awaited vacation. They may have annual leave. All employees officially enrolled in the company's staff have the right to rest of this kind. In order to exercise this right, previously unclaimed days of rest are required.

It is assumed that it is possible to independently determine the period of onset of such rest. Alternatively, a woman can postpone such a period during postpartum recovery.

How long is maternity leave?

The following facts influence how many days maternity leave lasts:

• uncomplicated pregnancy;
• official confirmation of the birth of two or more children;
• diagnosing delivery with complications.

In view of these aspects, the following duration of maternity leave is assumed:

• 140-day period (includes 70 days before expected delivery and 70 days after delivery);
• 194-day period (includes 84 days before the birth of the child and 110 days after registration of this fact);
• 156-day period (in case of an operation C-section the period is extended by another 16 days).

Taking into account latest changes The current legislation provides for the following periods of leave for pregnancy and birth of a child:

• when premature birth is diagnosed (before 30 weeks), maternity leave begins from the moment the child is born; its duration is 156 days;
• if it is confirmed that a pregnant woman lives in an environmentally unfavorable area, the rest period will be 160 days (the prenatal period will be 90 days).

Clear definition of maternity leave dates absent in case of artificial insemination.

In such a development of events, the medical institution independently determines the duration of the maternity leave.

There is also regulation of leave when adopting a newborn child. In this case, the vacation will be presented for a period of 70 days.

If more than two children were adopted, then the gap increases to 110 days.

• first day of last menstruation (LDM);
• expected date of birth (EDD).

By comparing them, the date of maternity leave is calculated.

Note! The period of pregnancy and childbirth is indivisible. It is provided to the woman at once and cannot be divided into parts.

Useful video: timing of maternity leave

Conclusion

Pregnancy and subsequent labor require significant effort from a woman. To preserve women's and children's health, pregnant women are entitled to maternity leave. Depending on a number of conditions, there are different terms the beginning and end of this period.