Despite the fact that for ordinary citizens the vacation period before, after childbirth and until going back to work is often called “maternity”, from a legal point of view it must be divided into two parts. The first is maternity leave (Maternity leave). Its duration depends on several factors, usually 140 days. The second part is parental leave. It lasts from the end of the maternity period according to BiR, and can continue until the child turns 3 years old. Moreover, the amounts maternity payments Each vacation is completely different.

The first part is a vacation consisting of prenatal and postnatal period, - according to the law, is provided all women working under an employment contract who plan to become mothers or have adopted a child under 3 months of age. Moreover, during the vacation period, which is established in the Labor Code (LC) of the Russian Federation, the employee saved workplace .

Maternity leave was introduced for the first time in the world in the USSR in 1917 in order to protect the rights of working women.

Providing maternity leave according to the Labor Code of the Russian Federation

Birth leave provides release from work for a certain period before and after childbirth. It was introduced at the level of federal legislation and provides for the following objective factors, affecting the working ability of the expectant mother:

• on later Pregnancy makes it difficult for an employee to perform her job duties;
• a woman must prepare for childbirth;
• the nature of the pregnancy and the process of giving birth to a child (children) is taken into account.

When granting maternity leave to Russian women, the requirements described in Art. 255, 257 of the Labor Code (LC) of the Russian Federation of December 30, 2001 No. 197-FZ, as well as in other federal laws and regulations of the Russian Federation.

During vacation, you can apply for social security benefit(unlike parental leave, in the format state social security not provided for by law).

Attention

BiR leave is a prerequisite for the appointment of payments, and this is the fundamental difference between working and non-working pregnant women: the former can apply for maternity leave and these payments, while the latter cannot.

Maternity leave period

Photo pixabay.com

• Maternity leave is usually divided into prenatal And postpartum period , after which, at the request of the employee, leave to care for a child up to 3 years is issued.
• by law fixed duration is set period of incapacity for work due to maternity, and during this time sick leave is issued at the antenatal clinic.
• Typically, the B&R holiday starts at 30 weeks pregnancy;
• If the child born prematurely(before a woman goes on planned maternity leave), then all leave is granted to her, starting from the moment of childbirth.

How many days does maternity leave last?

The vacation period usually lasts 140, 156 days or 194 days depending on the circumstances of pregnancy and the method of delivery. In this case, the following general duration of maternity leave is established:

• 140 days during a normal uncomplicated pregnancy (respectively, based on 70 days before and after birth);
• 156 days in case of complicated childbirth ( premature birth, obstetric operations, heavy blood loss and other cases in accordance with the instructions on the procedure for granting postpartum leave, approved by the Ministry of Justice No. 1305 of May 14, 1997).
• 160 days during pregnancy of women living in areas contaminated with radioactive waste (90 days before childbirth and 70 after them), on the basis of the Law of the Russian Federation No. 1244-1 of May 15, 1991 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”;
• 194 days in case of multiple pregnancy (84 calendar days before birth and 110 after it).

Attention

The vacation period lasts the total number provided by law days, regardless of how many of them were actually used by the woman before giving birth. That is, if the child was born earlier or later than the expected date, the vacation will still end after the designated number of days.

Working women who have adopted a baby under 3 months of age are only provided second (postpartum) part of the vacation: respectively 70 days per child or 110 calendar days when adopting two or more children.

Annual leave before maternity leave according to BiR

If future mom registered at the antenatal clinic for up to 12 weeks, she can bring a certificate about this and indicate in the application her desire to receive an additional one-time benefit (Article 9 of Federal Law No. 81-FZ of May 19, 1995). The right to such a payment is granted only at the main place of work; part-time workers will not receive it.

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

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

Attention

It is not necessary to apply for maternity leave immediately after receiving sick leave. If a woman feels well, she can continue to work and receive a salary. Then the leave will begin after the actual submission of the application, but will end within the period indicated in the sick leave. That is, postponing the end of vacation is not allowed, and simultaneous payment of sick leave and salary is also not allowed.

Employer's order to grant leave

The order is issued by the head of the organization in which the woman works, based on her submitted application and certificate of incapacity for work. It is also drawn up in any form and should contain the following data:

• a header with the details of the organization, the title of the document;
• the essence of the issue (to provide the employee with maternity leave from the specified start and end dates according to sick leave);
• additionally - assign a payment to the employee cash benefits;
• list of reasons (employee’s statement, sick leave, certificate from a gynecologist);
• position, signature, surname of the head of the organization, date;
• acquaintance list (you can write the names of those acquainted by hand).

Sample order from an employer to provide maternity leave

Most personnel departments have issued such orders hundreds of times, so they know the requirements for their preparation and the risks associated with violations in business practices. Therefore, there are usually no problems with orders. The woman is provided copy of the document, but on the original it should sign in familiarization.

Calculation of sick leave for pregnancy and childbirth

Calculation of vacation means determining the amount of benefits according to the BiR. Typically, the responsibility for calculating and paying maternity benefits falls on policyholder- that is, an organization in which a woman, individual entrepreneur or individual works, if they are official employers and make contributions to the employee in Social Insurance.

Benefits are calculated based on the employee’s application and sick leave. Calculation and accrual are carried out within 10 days after application, and are paid on the nearest date of payment of salaries to employees. If for some reason the sick leave is extended, the employer will have to calculate another amount in fact for an additional number of days.

Maternity funds are allocated from the following sources:

• Employer funds. By the amount paid, he can then reduce transfers to the Social Insurance Fund (FSS).
• Directly from the FSS, if the employing organization ceased to exist during the woman’s pregnancy, or the employee made payments directly through the Fund.

Attention

Both citizens of the Russian Federation and women with citizenship of other countries (or without citizenship at all), temporarily or permanently living in Russia, can count on benefits. The main thing is that they have an employment contract concluded with the employer.

Maternity benefit on a certificate of incapacity for work

During the entire vacation according to the BiR, from going on maternity leave until the end of the vacation period, a woman subject to compulsory insurance in case of temporary disability due to maternity, paid maternity benefit. This moment is regulated by the following Federal laws:

• No. 81-FZ dated May 19, 1995 “ On state benefits for citizens with children", art. 7;
• No. 255-FZ dated December 29, 2006 “ On compulsory social insurance in case of temporary disability and in connection with maternity", art. 10.

Insurance benefit is paid at one time and in total for the entire period of maternity leave. The amount of maternity payments is 100% of average daily earnings for the previous two full years labor activity. It does not depend on the employee’s length of service.

For 2016, the calculation years will be 2014 and 2015. Will not be included in the calculation:

• periods of incapacity;
• time to care for a newborn and a child up to 3 years old;
• vacations at her own expense and other periods of time during which the woman did not receive a salary;
• paid days allocated for caring for a disabled child.

• We divide the total earnings for the previous two full years by 730 days (731 if one of the years happened to be a leap year). We get the average daily earnings.
• We multiply the figure by the number of days in the maternity period (140, 156, 194 days). The amount should not be less than the minimum, which is calculated based on the minimum wage (minimum wage).

Attention

If a worker has worked for less than 6 months (has an insurance period of up to six months), her benefit is calculated in the amount of 100% of the minimum wage (in 2016 it will be 6204 rubles per 1 month).

Then minimum permissible dimensions The insurance payment will be:

• 28555.80 rubles - for maternity leave lasting 140 days;
• 31819.32 rubles - for 156 days;
• 39570.18 rubles - for 194 days.

If an employee plans to take maternity leave, it will begin the day after the end of the extended maternity leave, and will last until the baby's 3rd birthday. This shift in timing is intended to protect, to a certain extent, the interests of a woman in labor who has encountered difficulties in the maternity hospital. From a financial point of view, for additional days of maternity leave according to BiR (16 or 54), she will receive a benefit in the amount of 100% of the average salary, and not 40%, as if she were on maternity leave these days.

Annual leave after maternity leave

One of the possibilities for registering a planned paid vacation period is after maternity leave. This is guaranteed by Art. 260 Labor Code of the Russian Federation. A woman can convey her desire to take a planned leave after maternity leave according to the BiR in the form statements to the employer, and he has no right to refuse her. Some features of this vacation sequence:

• the initiative should come only from the employee;
• A young mother can apply for annual leave, regardless of the length of work in the institution;
• The vacation period is provided regardless of the vacation schedule in the institution.

There may be two options for what is happening after completion of such leave:

• A woman applies for a maternity leave period. It is used if the employee wants to receive vacation pay, but did not have time to apply for vacation earlier due to early birth. The maternity leave period is shortened and lasts virtually until the child’s 3rd birthday.
• A woman goes to work full time. If after giving birth the mother was able to improve her life, come to her senses, and the father or grandmother took care of the child, the worker or employee can well afford further self-realization at work.

Attention

If some part of the annual leave was not used before going on maternity leave (for example, to avoid overlapping holidays), it can be used after the end of the maternity period, or after the child’s 3rd birthday.

Exit after maternity leave

The legislation does not contain prohibitions or permissions for premature exit from maternity leave. The letter of the Federal Service for Labor and Employment No. 1755-TZ dated May 24, 2013 states that An employee cannot be recalled from maternity leave early. Since she receives insurance payments from the Social Insurance Fund, and it is not allowed to pay wages and benefits at the same time, the employer may be fined for such a practice. For the last reason, the management of the organization, having accepted an application from a woman for early leave of maternity leave of her own free will, is unlikely to satisfy it. After all, later claims from the FSS are possible against him.

A woman may not go on maternity leave, but begin working after the end of her maternity leave. If a young mother is interested in her position, her health allows it, and there is someone to care for the child, there should be no problems.
Photo pixabay.com

IN regulatory documents There are no instructions on the need to notify the employer of your decision in advance. On the other hand, if another employee (part-time or specially hired) is temporarily working in the woman’s place, the employer must be given the opportunity to fulfill obligations in relation to him.

• Temporary the employee must be warned about the end of a fixed-term contract at least three days before dismissal. The same period is required to remove duties from a temporary part-time employee.
• It will also be necessary notify the employer in advance about going back to work after maternity leave, and not on maternity leave (as most women do). It is necessary to notify your superiors at least three days in advance.

Application for leave after maternity leave

It is necessary to inform the employer of your desire to return to work after leave under the Labor and Employment Regulations using a written statement. It should set out the following points:

• cap (from whom - to whom), the word “Statement”;
• request to interrupt the vacation period in connection with going back to work;
• the date when the woman plans to begin working duties is indicated;
• The date, signature, surname and initials of the employee are included.

Attention

In the application, a woman may ask to establish reduced work schedule(short day or less than a week). The employer is obliged to grant her request. This is enshrined in Art. 93 Labor Code of the Russian Federation.

The duration of working hours is set by the employee; the law gives her the right to choose a convenient schedule. But it’s better to discuss this point with your superiors in advance. The specifics of the work schedule are included in the employment contract with the employee; for this purpose, an additional agreement is signed.

A woman with a child under 3 years old who works a reduced schedule will be able to receive both child care benefits and a salary in proportion to the time worked. But if the young lady returns to work during a long maternity leave, she will not be able to count on both the B&R benefit and the salary. This is not provided for by law.

Order to leave after maternity leave

In order to inform services and structural units about its permission to allow a woman to work after maternity leave, the employer issues an order for the enterprise. The reason for this is employee statement. In most organizations, the process has been brought to the point of automation: the HR department issues similar orders quite often.

The only moment is that the woman puts her signature on the order(otherwise it will be considered a violation of procedure). It is necessary to pay attention that the indicated work schedule of the employee coincides with the one she requested in the application.

Attention

A working woman with a baby under 1.5 years old is provided with some preferences. In particular, it can interrupt labor activity every 3 hours for at least 30 minutes to feed the baby (Article 258 of the Labor Code of the Russian Federation). This is provided not by order, but by law.

Dismissal of a woman on maternity leave

For pregnant women and caring for small children, there are certain social guarantees. One of them - impossibility of dismissing a woman who is on maternity leave at the initiative of the employer(Article 261 of the Labor Code of the Russian Federation). An exception is the case when an enterprise ceases its activities due to liquidation.

A special situation arises with the dismissal of a pregnant or postpartum woman working under a fixed-term employment contract. Previously, if the contract ended during the employee’s pregnancy, the employer did not have the right to fire her before the birth.

However, as of July 11, 2015, changes were made to the Labor Code of the Russian Federation, according to which a fixed-term employment contract with a pregnant employee should be extended until the end of the statutory maternity leave. To do this, a woman must write a corresponding application addressed to the employer and provide a certificate from the antenatal clinic.

Sometimes situations arise when an employer seeks to reduce staff and forces women on maternity leave to resign of their own free will. If he offers a woman on maternity leave unfavorable conditions, she has every right to disagree. In this case, the employer’s written offer must be responded to with a written refusal. They can't fire you because of this.

• On the one hand, most likely, the employee will be fired immediately after starting work.
• On the other hand, she will retain seniority until the child’s 3rd birthday, and this is important.

In case of voluntary dismissal during maternity leave, the insurance benefit is for the woman not saved.

Working on maternity leave

While a woman is on maternity or child care leave, they can take her place. new employee(most often under a fixed-term employment contract) or engage a part-time worker from the same organization to perform her duties.

Attention

For the new mother job is saved, and her “deputy” works until she goes to work.

The conclusion of a fixed-term employment contract is regulated by the articles of Section III of the Labor Code of the Russian Federation. A temporary worker replacing a woman on maternity leave receives the same rights as other employees. The content and wording of the agreement must protect its interests. Lawyers recommend that employers adhere to these rules when drawing up a document:

• As a condition for hiring a new employee, indicate the performance of the duties of the employee who is retaining the job (indicating the grounds for retention).
• Due to the fact that a woman can leave maternity leave at any time, it is not advisable to indicate the end date of a fixed-term contract. If it has to be terminated early, the interests of the temporary worker will suffer.

The fixed-term contract becomes a unlimited, if the mother went to work, but even after that the replacement employee continues to work, and the employer did not show his will to terminate the temporary employment relationship (did not issue an appropriate order).

Conclusion

According to the legislation of the Russian Federation, a working woman going on maternity leave is provided with special measures social support . An employee has the right to take leave to prepare for childbirth, starting from the 30th week of pregnancy, and to care for the newborn baby until his 3rd birthday. From the moment she goes on maternity leave, the employee can count on maternity pay. Until the day when her child turns three years old, for mommy job is saved without the right to be fired.

A woman is provided with certain guarantees to make going on maternity leave as convenient as possible. For example, she is allowed to take annual leave early before maternity leave. Every action related to going on vacation, leaving it, extending the vacation period, paying maternity benefits, etc., must begin with employee filing an application. Based on the application, an order is issued regulating labor relations with a pregnant or postpartum woman for the next period of time. If you write applications for all vacations on time, there should be no problems.

RedRocketMedia

Bryansk, Ulyanova street, building 4, office 414

During pregnancy and the first time after childbirth, the state continues to provide financial support to mothers in the form of maternity benefits. This type of social guarantee is provided to working (employed) women during maternity leave, in a guaranteed minimum size, a multiple of the minimum wage (the minimum wage from January 1, 2019 is 11,280 rubles).

• dated May 19, 1995 No. 81-FZ “On state benefits for citizens with children”;
• dated December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”.

Maternity benefits are paid depending on social status recipient at the expense of the Social Insurance Fund (SIF) by enterprises or from the federal budget by educational organizations or the Department of Social Protection of the Population (USPP).

Maternity payments are provided at a time:

• expectant mothers who are studying full-time in institutions providing vocational, secondary specialized or higher education;
• unemployed women dismissed as a result of the reduction or liquidation of the employer.

Amount of maternity benefit in 2019

Maternity pay since 2011 is calculated according to a certain procedure, which has the following features. During pregnancy, the employee is required to take maternity leave, for all days of which benefits are paid. The legislation provides several options for its duration:

• at the birth of one child, 70 days before and 70 days after birth are provided (in case of complications of childbirth, postpartum leave of 86 days is provided);
• for the birth of 2 or more children, 84 days are provided before and 110 days after birth.

Attention

They include payment for all days of maternity leave in an amount equal to 100% of the woman’s average earnings for the last two full years. calendar years. For non-working mothers entitled to this benefit, regional USZNs accrue in the amount RUB 655.49 per month.

If a woman worked at several enterprises at the same time, then the accrued salaries for two years are summed up. If she continues to combine work in several organizations, then maternity benefits are paid at one enterprise of her choice.

If the average woman's earnings less than the current minimum wage at the time of going on maternity leave or the total insurance period is less than six months, then to calculate the benefit, the minimum wage is taken, the amount of which in 2019 is 11280 rub..

In addition, the maximum amount of payments has been established. It should not exceed the size maximum contribution base compulsory social insurance in case of temporary disability and in connection with maternity, which are:

• in 2009 and 2010 - 415,000 rubles;
• in 2011 - 463,000 rubles;
• in 2012 - 512,000 rubles;
• in 2013 - 568,000 rubles;
• in 2014 - 624,000 rubles;
• in 2015 - 670,000 rubles;
• in 2016 - 718,000 rubles;
• in 2017 - 755,000 rubles;
• in 2018 - 815,000 rubles;
• in 2019 - 865,000 rubles.

Therefore, in 2019, maternity benefits were accrued and paid in amounts not exceeding the following values:

Read more about the amount and calculation of accruals on the page Amount of maternity benefits.

How are maternity benefits calculated?

To receive maternity benefits, a pregnant woman must meet following conditions:

• be officially employed;
• be registered for pregnancy at a antenatal clinic or other medical institution;
• in accordance with the certificate of incapacity for work, to be on sick leave for pregnancy and childbirth.

The exceptions are the following categories of unemployed:

• were laid off during the year due to reduction within no more than 12 previous months and were duly registered with the Employment Center;
• study in an educational organization on a full-time basis.

If you belong to the category of citizens who are entitled to maternity benefits, then to receive it you must:

1. Obtain from a antenatal clinic or other medical institution a certificate of registration for pregnancy, indicating the date of registration.
2. Apply for maternity leave from your doctor.
3. If you work, or two last year worked at several enterprises, it is necessary to obtain certificates from these organizations on the calculation of average earnings, for subsequent submission to the employer’s department, which will make the payment.
4. Write an application addressed to the director of the enterprise - employer about going on maternity leave and receiving maternity benefits.
5. All prepared documents must be submitted to the human resources department of the organization.

Attention

If during this period the management of the enterprise does not make any decision and does not make payments, then the woman has the right to apply for benefits to the local branch of the Social Insurance Fund (SIF).

Maternity payments for a non-working mother

Unemployed women in 2019 have the right to receive maternity benefit at the rate of RUB 655.49 per month, if they:

• are registered with the Employment Service (ESS) as persons who have lost their jobs due to layoffs from an enterprise during its liquidation (or termination of activities in the form of individual entrepreneurs or self-employed people);
• full-time students in educational organizations at various levels - paid in the form of a scholarship.

To apply for benefits, in the first case, a woman must contact the territorial Department of the Social Protection Service, and in the second case, she must contact the educational institution where she is receiving her education.

To receive payment unemployed woman must provide:

• statement;
• sick leave from a medical institution;
• work book or extract with marks from the last place of work;
• a certificate from the Employment Service confirming registration as unemployed.

The decision to receive benefits is made within 10 days from the date of application. You can apply for maternity benefits any day after receiving maternity leave, but no later than 6 months after its completion.

RedRocketMedia

Bryansk, Ulyanova street, building 4, office 414

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

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

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

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

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

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

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

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

Who is required to pay maternity benefits?

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

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

Registration of maternity leave

Determining the start and end dates of maternity leave

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

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

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

Documents to be provided at the enterprise:

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

Documents are reviewed by the employer within ten calendar days. The funds accrued for disbursement are issued to her on the day of issuance of the next wages, which is established by the enterprise.

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

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

Employer's order to grant leave

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

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

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

Vacation before maternity leave

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

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

Calculation of maternity benefits

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

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

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

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

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

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

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

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

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

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

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

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

3. Register applications in the application log.

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

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

6. Register orders in the journal for registering orders (instructions) for personnel with a storage period of 5 years.

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

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

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

10. Enter information into your personal card

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

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

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

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

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

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

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

Registration procedure

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

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

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

Required documents

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

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

Duration of maternity leave

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

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

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

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

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

Benefits paid

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

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

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

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

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

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

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

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

During pregnancy and postpartum recovery, a woman, like no one else, needs support. Therefore, at work, women are provided with maternity benefits.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Nowadays, giving birth and raising a child is quite an expensive “pleasure”.

In Russia, the state is loyal to expectant mothers, both in terms of material benefits and in terms of maternity leave; no country that is more economically developed provides such leave, although being a mother and raising a child is also hard work.

Therefore, when going on maternity leave, mothers should know when they must pay maternity benefits at work.

basic information

The size of the one-time amount is fixed, it is 15,512.65 rubles. In addition to this payment, parents will also receive payments for up to six months.

Its size is not fixed, and depends directly on the official salary of one of the parents. It will be as follows:

• for officially employed people, the amount is about 40% of the average salary. Payments are made once a month;
• for informally employed people, the payment amount corresponds to one minimum wage.

Parents who are unofficially employed receive payments from the local social security authority.

If the father receives money, he must provide evidence that the wife did not receive any other payments.

Up to what age can funds be issued to children?

You can take maternity leave to care for a child up to 3 years. A working woman retains her job at the enterprise for up to 3 years. But maternity payments are made only up to one and a half years.

After a year and a half, the employer pays compensation in the amount of 50 rubles per month, since 1994 there has never been an indexation of this amount, the amount is ridiculous, and sometimes it may not even be enough for travel.

How much do you have to pay (monthly amount)

According to all established rules, maternity leave lasts 140 days, 70 days before birth, and 70 days after birth, with the exception of multiple pregnancies, so payments are made depending on the duration of maternity leave.

Maternity payments are accrued according to a certain calculation procedure and in the amount prescribed by law:

The amounts of maternity benefits are based on and are paid at 100%, regardless of length of service.

Is it possible to register benefits at my husband’s place of work?

If both parents work officially and, while going on maternity leave, decided that benefits would be paid at the husband’s place of work, then the wife needs to obtain a certificate from the accounting department of her organization stating that there were no payments.

Payment amounts are made for each child separately. For one child there is a one-time payment of 16,350 rubles.

In order for the father to be able to receive payments at his place of work, it is necessary to submit a special application to the accounting department and attach some documents to it:

• passports of both parents;
• marriage registration;
• a certificate from the wife’s place of work stating that she did not receive any payments;
• baby's birth certificate.

If the question is about monthly benefits for the child, then the parents come from the one who has the higher official salary, since such benefits will be in the amount of 40% of the salary.

Actions in case of breach of contract

Failure to pay maternity benefits entails a violation of the mother's rights and a violation of the law.

If the management of the organization refuses to pay the pregnant woman everything due payments, then you can safely write a complaint to the Labor Inspectorate.

If the employer violates the payment of benefits, and the appeal to the labor inspectorate also did not produce results, the woman has the right to file a complaint with the prosecutor’s office and.

But usually employers do not violate this payment, and are paid on time, and after the employee said that she could contact the relevant authorities, they agree to pay everything on time.