When do working pregnant women go on maternity leave? When do they go on maternity leave? If you don't go on maternity leave

This article will help you understand the legal issues related to maternity leave.

Like many other events, maternity leave at work is accompanied by the collection of certain certificates and documents. Not many people like this activity, but rules are rules. So that in the future you do not have problems and misunderstandings with your superiors, it is better to do everything as the legislation advises.

How to properly go on maternity leave at work, what documents need to be drawn up in the Russian Federation, Ukraine?

The legislation of the Russian Federation and Ukraine is structured in such a way that any female employee who is in a position has the right to go on maternity leave. This can be done starting from the 30th week (provided that she is registered with the antenatal clinic).

Documents that a pregnant woman must provide to the personnel department of her enterprise in order to receive maternity benefits (for pregnancy and childbirth):

• sick leave (for pregnancy)
• certificate of income for the previous two years
• certificate of registration in the antenatal clinic (up to 12 weeks)

Immediately after the birth of a child, an application for parental leave is written. To register it, you will need the following documents:

• copy of the child's birth certificate
• statement
• identity documents

The principle of registration is the same as for the payment of benefits for "pregnancy and childbirth".

Payments to women going on maternity leave

Now let's talk about what "maternity" ones are. This is an allowance that the employer is obliged to pay to each of its employees who go on maternity leave in connection with childbirth. This is not a child care benefit, because the latter is calculated and paid separately.

The maternity allowance is usually calculated by the company's accountant, and it is:

• salary for 2 years / 730 days \u003d average earnings per day (MWD)
• CPA x number of maternity days, usually 140 \u003d maximum payout

Important! In the event that a woman works in a company for less than six months (6 months), the benefit will be equal to the minimum wage at the moment in the country.

It is interesting! In fact, it is not the employer, but the Social Security Fund that transfers the maternity benefit to the employee's account. The employer only transfers the necessary data to the Fund. It should be said that a woman herself can directly apply to the Fund and receive payments.

The rights of an employee who goes on maternity leave in the Russian Federation, Ukraine

An employee who goes on maternity leave has certain rights that the employer has no right to violate. The employee has the right:

• receive a one-time payment of the BiR benefit, as well as monthly payments for childcare
• keep a job
• get vacation
• re-go on maternity leave

All this becomes possible if the employee notifies the HR department on time about his maternity leave. We remind you that it is necessary to register for pregnancy up to 12 weeks, and you need to notify the management and the personnel department about the upcoming maternity leave even earlier.

Is it possible to go on maternity leave from maternity leave, is it profitable, what payments will be received?

Quite often it happens that a newly-made mother, while on parental leave, suddenly finds out that she will soon become a mother again. In this case, she is supposed to re-go on maternity leave. But how to do this if she is already on maternity leave? What payments are required and are they required at all?

Yes, the payments are due. In this case, you will have to write a new application addressed to the employer (immediate superior) to terminate one vacation and grant another.

With regard to payments: a recalculation will be made with the replacement of two settlement years. At the moment, the legislation clearly states that a woman has the right to receive only one benefit: either for caring for a child, or for pregnancy and childbirth with further registration of benefits for caring for a child. Here, a pregnant employee has the right to choose one of two things.

On a note! Some women, not wanting to part with their money, take parental leave for one of their closest (or distant) relatives, and they themselves go on leave in connection with pregnancy and childbirth.

This method has its consequences, since it is not entirely fair. This procedure is quite laborious, so it is easier for many to refuse one of the payments.

Can an individual entrepreneur go on maternity leave?

Like an ordinary employee of an enterprise, a woman who is an individual entrepreneur also has the right to go on maternity leave. This can be done if the entire previous year (calendar) before pregnancy she regularly made payments to the Social Insurance Fund. Simply put, regular payment of taxes and mandatory contributions makes it possible to go on paid maternity leave.

Since during maternity leave, the activity of the individual entrepreneur is suspended, then all payments to the state are also temporarily canceled. No profit - no payments. Of course, this only applies at the time of decree.

Since a woman who is an individual entrepreneur is both a founder and an employee, she can receive maternity benefits in two versions. Since you cannot receive two maternity leave benefits at the same time, she will have to choose one of two options at her discretion.

To go on maternity leave to a woman entrepreneur, it is necessary, just like an ordinary employee, to write an application first for a leave in connection with pregnancy and childbirth, then for childcare, if necessary. This requires all the same documents as for an ordinary employee.

Is it possible to leave the exchange on maternity leave?

It is possible to leave the labor exchange on maternity leave. If you previously received unemployment benefits, then after taking maternity leave you will receive benefits, which will be calculated based on your earnings for two years at your previous job.

If you are a member of the labor exchange and are temporarily unemployed, then, according to the current legislation, you are not entitled to sick leave payments. Although you can also receive unemployment benefits.

In any case, you need to contact the Social Protection Authorities.

Is it possible and profitable to go on vacation before maternity leave?

Whether to go on vacation before going on maternity leave or not - this question interests many women who are faced with a similar situation. Most often, the answer is positive - yes, going on vacation before going on maternity leave or immediately after it is beneficial! In this case, you must write a vacation application and receive your legal vacation pay. Then you will need to come back to the personnel department of your company and write a letter of leave for maternity leave (referring to sick leave).

Sometimes it is beneficial to go on vacation immediately after the end of the "decree". In this case, they will recalculate your vacation pay.

Is it possible to go on maternity leave from a maternity seat?

If it so happened that you got a maternity job, and after some time found out about your pregnancy, then this part of the article will interest you. Since you are officially employed, then all payments due in this situation apply to you.

Reference! In the event that a pregnant employee who came to the "maternity place" has not been officially employed anywhere, then payments will be transferred to her based on the minimum wage in the country at the moment.

It is important to say that an urgent, that is, one with exact terms, employment contract is concluded with an employee who has come to the “maternity place”. As soon as his term expires, the employee must be fired. But this may not happen if the woman replaced by a new employee decided to extend her maternity leave. In this case, a new fixed-term employment contract is drawn up, or the old one is extended.

How much do you need to work to go on maternity leave?

You can go on maternity leave even from the first day of employment at the enterprise. A completely different conversation - what will be the size of the maternity allowance. Let's consider some of the most common cases:

1. The woman worked for 2 or more years at the enterprise and went on maternity leave. Then, as written above, her benefit will be calculated based on the calculation of the average salary for the previous 2 calendar years.
2. The woman worked 6 or more months at the enterprise and went on maternity leave (with the condition that she had not been employed anywhere before). Then the benefit will be calculated in the same way as in the previous case.
3. The woman worked less than 6 months at the enterprise and went on maternity leave (with the condition that she had not been employed anywhere before). The allowance will be calculated based on the minimum wage.
4. The woman worked 6 or more months at the enterprise and went on maternity leave (with the condition that before that she had been employed and worked for more than 1.5-2 years). The size of the maternity allowance will be paid based on the size of the salary at the new enterprise, and the missing months will be taken from the previous place of work (you must bring an extract).

Is it possible, having gone on maternity leave, to continue working?

Sometimes there are times when the pregnancy is so easy that there is no point in going on maternity leave and you can safely continue working. Or a difficult financial situation forces you to come to work, even being pregnant.

In such and similar cases, a woman, according to the legislation of the Russian Federation, is entitled to one of two payments: either to a maternity allowance, or to her salary. In any case, she retains the right to maternity leave according to BiR, but in an abbreviated version before childbirth and in full (70 days) after childbirth, if there were no complications.

Downsizing at work: whether to go on maternity leave?

If a series of reductions began at work, pregnant women should not worry about this. According to the law, an employer has no right to leave a woman who is currently on maternity leave or is just going to go there without a job. Also, a woman has the right, despite reductions, to ask to extend her maternity leave according to BiR and to provide parental leave (until the baby is 1.5 or 3 years old).

At the same time, the workplace for the expectant mother is retained, and the employer concludes a fixed-term contract with a new employee for a certain period.

Downsizing at work: can the employer force you to take maternity leave?

The personal right of a woman, whether to go on maternity leave or not. Our legislation allows a woman to work right before childbirth, if there is a personal desire of the pregnant woman. The boss does not have the right to strongly send a woman on maternity leave, just as he does not have the right to fire her while she is on maternity leave.

At the same time, if a woman submitted a pregnancy certificate to the personnel department, then she may ask to shorten her working day. At the same time, pregnant women have the right to easier working conditions, they may not go to work on weekends and not work on night shifts if the work requires it.

The timing of the payment of salaries to an employee who goes on maternity leave

The term for the payment of regular wages to an employee leaving on maternity is no different from the term for the payment of salaries to other employees. At that time, the payment of salary stops as soon as the woman goes on maternity leave. At the same time, she is credited with a BIR allowance, which must be transferred to a card / bank account or issued in person within three days after writing an application for a BIR vacation at a time.

As for parental leave, this is not the case. Payments must be made monthly at the same time. Moreover, the size of these payments does not exceed 40% of the official earnings of the employee in the period before pregnancy.

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

The birth of a baby is an important moment for everyone.

The legislator has approved a number of rights and social guarantees for women who are expecting and raising small children.

Employers are not very happy when their employees are going to go on maternity leave, and sometimes this is expressed very clearly.

Therefore, it is very important to know how to properly leave without frustration and with the preservation of rights.

Every woman should understand when she has the right to go out to rest, and what amounts are due to her by law.

Navigating the article

Definition

There is no specific concept of maternity leave in the legislation. It is a colloquial phrase used by people. This type of vacation includes several periods:

• rest associated with pregnancy and childbirth
• leave associated with caring for a baby up to one and a half and three years

The right to such types of leave may be used by:

• women workers officially
• expectant mothers arriving in status
• female students
• military personnel

Thus, a woman has the right to use the right to leave related to pregnancy and childbirth and to care for a baby. Men can also use the decree, but only after the birth of a child.

Also, other relatives who take direct care of him have the right to take leave related to the care of their offspring. Usually grandmothers use it, letting mom go to work.

The first part of the maternity leave is issued upon the provision of a certificate of incapacity for work, which is issued by the doctor for consulting the expectant mother. Its duration depends on the number of children in the womb and the complexity of the birth process:

• The standard certificate of incapacity for work contains one hundred and forty days.
• If there are several children in the womb, the woman will be given a certificate of incapacity for work for a period of 194 days.
• After a difficult process of childbirth, mothers are issued an extension of the certificate of incapacity for work for another 16 days.

Benefits are paid in calendar days based on the average income for the two years prior to care c. Let's say the fair sex goes on maternity leave from March 01, 2017. When calculating the allowance, the accountant will take into account its income for 2015 and 2016.

Thus, the decree is three periods of leave. They are associated with the birth and upbringing of a baby up to the age of three. At the same time, only the mother can use the first variety, the father, grandmother and other relatives caring for the baby are entitled to use the next two periods.

How long do they go on maternity leave

Employed women begin their maternity leave with maternity leave.

According to the law, the expectant mother is going to wait for childbirth for a period of 30 weeks.

The exception is multiparous.

Here the woman goes on maternity leave two weeks earlier.

In fact, all women cannot be equated to a single case. All representatives of the fairer sex carry a baby in different ways. Some already at five months feel that it is difficult for them to go to work.

Then they are looking for an answer to the question of how to properly go on maternity leave ahead of schedule. The expectant mother can take advantage of Art. 260 TC. It guarantees women the opportunity to take another vacation just before going on maternity leave. An employer has no right to refuse a woman, even if she does not have days to leave.

Such a guarantee does not depend on how much the woman works in the last place. The main thing is to calculate from what day the sick leave will be issued and count the necessary days from it. After that, you need to write a statement and take it to the personnel department. So, the next vacation will smoothly turn into maternity leave.

There is also another option to go on maternity leave earlier, consult a doctor for advice. Pregnancy is a condition that is directly related to peace of mind. Poor ecology, constant stress adversely affect the development of the baby. Therefore, you can ask the doctor to prescribe the appropriate treatment in the day hospital. That is, just before going on maternity leave to go on a regular sick leave.

Benefits

Many women are interested in how to properly go on maternity leave with.

A woman should not allow her rights to be infringed upon.

To do this, she needs to carefully study the legislation.

The state has already protected this category of persons, the main thing is to be able to use it.

An employer who sees that a woman knows her rights will not want to get involved with the labor inspectorate or the prosecutor's office.

There are several payments that the fair sex receives from the moment of pregnancy until the baby is one and a half years old. The main ones are the 2017 benefits:

• For registration in the early stages of pregnancy - 613, 14 rubles. There is a mandatory registration for a consultation before twelve weeks of pregnancy.
• Related to pregnancy and childbirth. Payment in calendar days based on earnings for the previous two years.
• By birth - 16 350, 33 rubles.
• Caring for a baby up to one and a half years old. It is paid in the amount of forty percent of the average earnings for the last two years. At the same time, the law establishes a minimum of 3,065.69 rubles for the first child and 6,131.37 rubles for the second and subsequent. The maximum size is 23,120.66 rubles per month.
• Childcare for a child under 3 years old in most regions is 50 rubles. This payment is paid by the employer. If 3 babies are born in the family, the mother will receive an allowance in the amount of a living wage until he turns three.
• The state also provides for maternity capital for the birth of the second and subsequent children. It is paid once and is equal to 453,026 rubles.
• From the moment the baby is born, the mother and father have the right to claim a tax deduction. They are the amount that is not subject to personal income tax.

Here is a basic list of benefits related to having a baby. Each region can establish its own individual subsidies to support families with children.

Pregnancy rights

The authorities of our country are committed to protecting the rights of pregnant women, as well as young children. Therefore, the law provides for many benefits and subsidies for these categories of persons. The main privileges of women:

• preservation of the workplace, salary and position
• it is forbidden to fire pregnant women and women on maternity leave
• there is a ban on recruiting women to work overtime, holidays, at night
• you cannot send the expectant mother on a business trip
• relief from heavy and harmful
• the opportunity to use the next vacation at a convenient time
• the possibility of introducing reduced working hours

Even when the fair sex is not working at full capacity, the organization must keep her average earnings. If the employer asks a woman to quit, while promising that she will not lose anything in doing so, do not follow the lead. After all, the greatest privileges are for women who are officially employed.

From the video you can find out - how to issue a decree:

Ask your question in the form below

When they go on maternity leave, this issue should be of interest not only to the employee herself, but also to her management, as well as the accounting department. After all, you need not only to pay the allowance on time and in full, but also to have time to prepare a replacement employee. In this article, we will try to answer your question when they go on maternity leave.

What is a decree?

The duration of maternity leave is stipulated in the Labor Code of the Russian Federation

Usually, when they say "decree", everyone immediately understands that we are talking about maternity leave. But in the legislation this period is divided into two, completely autonomous, intervals. And in order to know from what month they go on maternity leave, you need to understand which of the two we are talking about. The Labor Code provides for:

• temporary disability due to pregnancy and childbirth)
• leave to care for a child until he reaches one and a half years.

The second period can be extended up to three years at the request of the employee and in agreement with the employer.

To avoid confusion about how many months they go on maternity leave, in this article, this term will mean the period of temporary disability due to pregnancy and childbirth.

How to calculate when to go on maternity leave?

The most important thing when an employee discovers or suspects that she has become pregnant is to see a doctor and get tested. Not only because, without an official document, the employer simply has no right either to issue an order or to calculate the allowance, but also because it is the doctor who will tell you when to go on maternity leave. He will conduct an examination and appoint an approximate date of birth, based on which the dates of release from work are planned.

But there is also a pleasant addition for those who consciously and responsibly undergo the required examination. The state issues 490.79 rubles to those who registered before the twelfth week - and this is regardless of when the employee goes on maternity leave. In addition, with an early setting, many pathologies, infections, and the like can be detected.

How long do they go on maternity leave?

In general, quite a few days are given before childbirth, not only so that the expectant mother has time to prepare for her new role, to re-equip the house, etc. are simply dangerous to the health of both the future woman in labor and the baby. Therefore, calculating when they go on maternity leave is more important than it might seem at first glance.

It is believed that the release from work is issued at the thirtieth week of pregnancy. If the doctor diagnoses that there will be two or more children, the exemption is issued already at the twenty-eighth week.

Why is it so important to know when they are sent on maternity leave?

The maternity leave date is important for calculating the maternity benefit

In addition to the aforementioned need to prepare a full-fledged replacement for an absent employee, it is important to know how long she will be absent also for calculating benefits. The fact is that, according to the law, it is necessary to pay in full within ten days after providing all the necessary documents:

• certificate of temporary disability)
• vacation applications.

And since the allowance is paid by the Social Insurance Fund, and the calculation is made by the employer - that is, it takes more time to transfer documents between these institutions - it is better for the company's accountant to know in advance when maternity leave begins. After all, if an employee does not receive her allowance in ten days, she has the right to apply to the labor commission and even to the prosecutor's office.

Who decides when to go on maternity leave?

As mentioned above, a woman is given a certain number of days:

• 140 in general)
• 154 for multiple pregnancies)
• 156 if childbirth was complicated)
• 180 if two or more children were born.

In what month they go on maternity leave, the doctor will tell you, the total duration of the vacation is split in half. Additional days, in which case, are issued after childbirth - for example, childbirth with complications is not always possible to predict.

But the employee may decide not to use all the days allotted to her, then she must independently calculate the maternity leave and notify the employer about it. After all, the allowance is paid for each day of vacation, so it is advisable to warn the management in advance.

Is it possible not to go on maternity leave?

How many months the expectant mother decides to go on maternity leave

A question may arise: is it possible not to go on vacation at all - only for the time of childbirth, and be at the workplace the rest of the time? Of course, if health permits, you can. But the days of childbirth and postpartum recovery are still better to be formalized as a decree: firstly, because of the allowance, so as not to lose in payment, and secondly, for safety net.

Moreover, as an employee - if something goes wrong, for example, the child is born weak and sickly, and she will need more time to take care of him than she originally planned) secondly, for the employer - if everything is documented at once, as expected , he will have a guarantee that the employee will not later accuse him of not letting her go on maternity leave.

We hope our article answered your question when you can go on maternity leave.

Among the working women who are planning to become mothers in the near future, the question of how long they go on maternity leave is being actively discussed.

Expectant mothers are concerned about the timing of maternity leave, of a material nature, in particular, what payments they will receive, their size and who pays who.

In this article we will focus on the following questions:

• How many months do women go on maternity leave
• How can you go on maternity leave before or after the due date
• How is the registration of the term of care on maternity leave

When working women go on maternity leave

If we consider the concept of decree in Russia in a broad sense, then it refers to the time spent by the expectant mother in the last months of pregnancy and the period of caring for an infant and younger preschool child. If we interpret maternity leave narrowly, then the decree represents the absence of a working woman at her workplace due to the expectation and birth of a baby. Most often it happens that when a decree leaves, a well-organized work process undergoes some changes.

Employers do not “like” maternity leave too much, as the employee is not at work due to it, and sometimes it causes downtime in a certain area of \u200b\u200bwork duties. Team members are afraid of the future mother's decree, since there is a high probability that the duties of the employee leaving on maternity leave will be assigned to them. Or a stranger will be admitted to an established well-coordinated team for the period of the decree.

In order to reduce possible inconveniences to a minimum, it is necessary to clearly determine from how many weeks they go on maternity leave in order to inform the director of the enterprise in advance.

How long (how many weeks) do they go on maternity leave

For those women who are in labor, the decree originates from maternity leave. At the legislative level, a number of average periods have been established, after which a pregnant woman ends her labor activity and goes on vacation for well-deserved rest, waiting for the birth of a long-awaited child.

Let's figure out when they go on maternity leave, and consider the most pressing issues for women planning to become mothers.

1. How many weeks (months) do you go on maternity leave most often? If a woman's life lacks certain features (in most cases, they are related to the unfavorable environmental situation of the place of work or residence) or problems associated with bearing a baby, then a woman goes on maternity leave at 30 weeks. This is approximately seven months' gestation. The vacation is 140 days, of which 70 days are during the prenatal period, and another 70 for the period after the birth of the baby.
2. How much maternity leave will be extended if the childbirth was difficult? In this case, another 16 days are added to 140 days of maternity leave for the woman to recover and gain strength.
3. From what week do they go on maternity leave if a woman is expecting two or three babies, that is, more than one child? In such situations, the expectant mother has the right to go on maternity leave 2 weeks earlier than the established deadline, that is, at 28 weeks. A woman can be on vacation for 194 days. Of these, 84 days are allotted for the period before the baby is born, and 110 days is the period allotted for the postpartum period. There are situations when already in the process of childbirth it turns out that there are several children. Then the woman will be legally granted an additional 54 days of leave, which will add to the 140 days of the standard decree.
4. If a working pregnant woman is concerned with the question of how many weeks they go on maternity leave due to the presence of living conditions that are dangerous for the life of the mother and baby, then in this article we will give a detailed answer on this issue. If a woman belongs to the category of citizens who work or live in areas contaminated by accidents related to the release of radiation into the environment, then she has the legal right to go on maternity leave for a 27-week period.
   These areas include:
   • Production Association "Mayak" and its adjacent territories.
   • Zone of the Chernobyl nuclear power plant.
   • The area of \u200b\u200bthe Techa River, into which radioactive waste was discharged. Three additional weeks are added to the standard maternity leave due to the fact that this category of pregnant women was prescribed by law a 3-month period of maternity leave until the baby is born. So, women in this category, in addition to the 70 days of leave established by law after the birth of a child, receive an additional 90 days before childbirth, which in total is 160 days of maternity leave.
5. When does a woman go on maternity leave if childbirth happened earlier than planned? If a woman is unhappy and has had a childbirth before the time when maternity leave in most cases, in particular from 22 to 30 weeks of pregnancy, then from the moment the baby is born, maternity leave is issued for a period of 156 days.

Registration of maternity leave

Maternity leave, that is, maternity leave is issued with a certificate of incapacity for work - sick leave. This provision is recorded in the following documents of title:

1. Section 8 of the Procedure for issuing certificates of incapacity for work, which was approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011
2. If we refer to article 225 of the Labor Code of Russia of December 30, 2001 No. 197-FZ, then there is also information on how maternity leave is issued

The sick leave will be issued by a gynecologist who observed a pregnant woman throughout the entire period, that is, by the doctor with whom the expectant mother is registered. If such a specialist was not available, then a family doctor will be registered. In the absence of a family doctor (doctor with general practice), the function of issuing a sick leave for pregnancy and childbirth will be assigned to a paramedic.

This document will be issued one and only once for the entire period of maternity leave. This means that a woman after the birth of a baby will no longer need to issue additional certificates of incapacity for work.

The expectant mother should know that only the doctor decides which week of pregnancy she will be allowed to go on maternity leave. You should discuss in advance with your doctor how long he will use when drawing up a sick leave. In most cases, the gynecologist uses the obstetric term in the antenatal clinic. There is also a gestational period - it is used by ultrasound doctors.

Let us draw your attention to the fact that the gestational period is 14 days less than the obstetric period, so if a woman does not feel well and wants to go on vacation as soon as possible, then it is not profitable for her to issue this period. On the contrary, if the expectant mother is in excellent physical condition, is full of energy and wants to work longer, then it is more profitable for her to arrange a gestational period instead of an obstetric one.

Pay attention to an interesting point that the doctor independently determines:

• What time do they go on maternity leave
• Pregnancy period in weeks

It is calculated from the day when the expectant mother was registered. Let's look at this with an illustrative example: if a patient is registered with an antenatal clinic on Wednesday, then maternity leave will begin on Wednesday. If a woman in a position knows this nuance, then she can make a forecast in how many weeks maternity leave will begin and plan this situation in her interests.

In accordance with article 255 of the Labor Code, a woman who has drawn up and received a sick leave is obliged to provide it to work, after which she writes an application for maternity leave and is sent on maternity leave legally.

Is it possible to go on maternity leave earlier

If a woman has special circumstances in life, she may express a desire to leave early on maternity leave. This could be due to:

• With the state of her health
• The working atmosphere in which she is
• Living conditions
• Other circumstances forcing her to interrupt her work activity before 30 weeks of pregnancy

If you refer to the Order of the Ministry of Health and Social Development of Russia of June 29, 2011 N 624n, then there is a specific time frame for how many weeks go on maternity leave. In other words, there are clearly marked periods when a woman receives a sick leave for pregnancy and childbirth from a gynecologist who observed her due period. There are no exceptions to the rule prescribed by law. But a pregnant woman should understand that she can go on vacation ahead of schedule.

Let's start with the fact that it is possible according to labor laws. In particular, Article 260 of the Labor Code guarantees a woman that she is entitled to leave once a year, regardless of the schedule. The employer is obliged to provide a working woman with the required leave in the following situations:

• Before the employee goes on maternity leave
• Immediately after maternity leave ends
• After baby care leave

It should be understood that the guarantee at the legislative level is in no way related to how long a woman works for a particular employer. To get the due leave, you should work half a year, and if this period has not yet passed, this will not be an obstacle to getting vacation before going on maternity leave.

There are situations when a woman has already managed to take her vacation, but there is still a long time before going on maternity leave, and it is already difficult to work. The question arises, what to do in this case? We recommend that you contact the gynecologist who is monitoring and tell her about the difficulties.

You need to understand that the course of pregnancy largely overlaps with the state of mind of the expectant mother. And sometimes her well-being directly depends on peace of mind and moral comfort.

In order for a baby to be born healthy, it is necessary to eat well, avoid stressful situations and be in an environmentally safe area. If any of the above factors is not met, or the health of the mother and baby is in danger, a pregnant woman has the right to undergo treatment in a hospital. In other words, she can be issued a sick leave for this time, and on legal grounds. And in this case, it will not be so important for mom what week they go on maternity leave.

Can I go on maternity leave later

Pregnant women pursue various goals, calculating which week they go on maternity leave. Many women, especially those who are not feeling well, tend to go on maternity leave early. But there are absolutely healthy and full of strength expectant mothers who are eager to earn more money and complete all work affairs before the birth of a baby - so they need to go on maternity leave later than the deadline. Let's see how likely such a development of events is?

If you refer to paragraph 3 of clause 46 of the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624-n, then there is a special clause that in the event of a voluntary refusal of the expectant mother from the sick leave for pregnancy and childbirth provided to her, this refusal must be recorded in medical documents.

If a moment comes that a pregnant woman has changed her mind and wants to get sick leave for pregnancy and childbirth, then she will need to visit the doctor again, but only before the baby is born (in the law this moment is designated as "before childbirth").

A sick leave can be obtained from the period from which it must be issued by law, therefore it will be issued retroactively (28, 27 or 30 weeks of pregnancy), and strictly for the time period prescribed by the law for a pregnant woman (194, 160, 140 ).

The phrase "before delivery" is specially spelled out in the text of the order for a clear interpretation of the legislative norm.

So, let's summarize this article:

1. A pregnant woman has the right to receive a sick leave for pregnancy and childbirth only before the birth of the child. After the baby is born, it will no longer be possible to receive a sick leave for pregnancy and childbirth. In the case when a pregnant woman will work until the very birth without receiving a sick leave, then from the moment the baby is born, she will deal with the registration of parental leave. With such a development of events, she will not be right, and after the birth of the child, she will immediately receive a childcare allowance. This option is suitable for a situation where a pregnant woman feels great and has a high salary. Often, in such situations, the sick leave payment is significantly less than the amount of earnings that a woman will receive by engaging in labor activity for about two months before the moment of birth.
2. In the event that a woman receives a sick leave later than the date of the decree established by law, it will still be issued on the very day on which the 27th, 28th or 30th week of pregnancy fell. In other words, it will be issued retroactively.
3. It should be understood that it is impossible to be immediately on vacation and work, that is, to receive both benefits and wages at the same time will not work. And if a woman received a sick leave for pregnancy and childbirth and took it to work, then her salary will not be paid, but a maternity allowance will be issued. In such situations, the maximum that can be done is to try to come to an agreement with the employer so that for the period worked in excess of the norm, the salary will be issued as a bonus (as an option).

There are situations when the conversation is about a discrepancy in several days (for example, up to 14 days), then here a gynecologist observing a pregnant woman can meet halfway and make a calculation in favor of the latter.

Motherhood is a wonderful burden for a woman, which she gladly bears when all other "burdens" are thrown away. For example, work. And we all know very well that this is what the decree is for. However, not everyone can afford it. Or they think they can't.

In fact, maternity leave is divided into two parts: "maternity leave" and "parental leave". And they can go to it: students, official employees and those who are registered with the Employment Center after the layoff. Moreover, it is not the employer who "pays" for it, but the Social Insurance Fund of the Russian Federation. And the amount is calculated individually. And now about everything in more detail.

Maternity leave

According to the Labor Code of the Russian Federation, a woman has the right to go on maternity leave for 30 weeks of her pregnancy (28 - when expecting more than one child). The approximate release date is indicated by the doctor, who should be contacted for a confirmation document for the employer after 12 weeks from conception. To him or to his accounting department must be attributed a complete package of papers, consisting of:

• disability certificate (sick leave) for pregnancy and childbirth;
• application for the provision of the appropriate leave
• certificates from the previous place of work (if any): on the average income for the previous two full calendar years, on the periods of exclusion not included in the calculation of the allowance;
• copy of your passport;

The employer is obliged to prepare a response order within 10 days. He only considers how much you should receive from the Social Insurance Fund of the Russian Federation

1. The maternity allowance is paid to the insured woman in total for the entire period of maternity leave lasting 70 (in case of multiple pregnancy - 84) calendar days before childbirth and 70 (in case of complicated childbirth - 86, with the birth of two or more children - 110) calendar days after delivery.

2. When a child (children) is adopted under the age of three months, the maternity allowance is paid from the date of his adoption until the expiration of 70 (in the case of simultaneous adoption of two or more children - 110) calendar days from the date of birth of the child (children).

3. If, during the period of a mother's childcare leave until she reaches the age of one and a half years, she has a maternity leave, she has the right to choose one of two types of benefits paid during the periods of the respective leave.

Benefit amount

Apart from a meager lump sum for registering with a gynecologist earlier than for a 12-week period, and also bypassing the payment at childbirth, let's say that the main income for this period is money from the formula above. That is, the average daily income for 2 years is multiplied by the number of days on maternity leave.

If you have worked in the organization for less than 6 months, and also in the absence of work, the minimum income is taken as a monthly payment

You have the right to use your planned leave before and after maternity leave. Thus, increasing the time spent at home.

Holiday to care for the child

When the presence of grandparents or money for nannies allows them to start work after the first part of the decree, some women take advantage of this and re-join the workday. However, this is not always feasible. Well, the Labor Code of the Russian Federation provides for another 1.5 years of paid parental leave. But, alas, in a smaller size. Namely, 40% of the average wage.

To receive the monthly childcare allowance, the employer must provide:

• application for the appointment of benefits;
• a copy of the birth certificate of the child being cared for;
• a copy of the birth certificate of the previous child (children);
• a certificate from the place of work of the second parent stating that this leave is not used and does not receive benefits;
• bank details where to transfer the benefit.

The maximum term of the decree is 3 years, but the remaining 1.5 years are not paid. And an important fact - a father, other relatives or guardian can take parental leave. Moreover, it can be split into parts "among themselves". But the allowance will only be paid to one person. At this time, he can neither be fired nor removed from office.