Every woman who is planning to become a mother in the near future must know this. Typically, state support for young parents remains the same from year to year, but the amount of payments due to them may change. So, today we will look at the details of such a law in order to allow expectant mothers to intelligently prepare for their maternity leave.
New in the legislation on maternity leave
The first thing mothers should take care of during pregnancy is the availability full package of documents, which they will need on maternity leave. It goes without saying that your employer must provide vacation according to the law, but about due payments It’s worth finding out on your own and in advance. It should be remembered that accuracy and care are extremely important in this matter.
A woman going on maternity leave must provide her employer with a written statement stating that she is legally entitled to maternity payments. In addition, she must attach to the application sick leave from the antenatal clinic and salary certificate over the past couple of years. By law, payments must be accrued ten days after submitting the application. If you receive funds from your employer, then maternity leave is paid on the day you receive your salary.
In the event that vacation benefits are accrued to you by the fund social protection population, then payments should occur until the 26th of the month, following the month in which you submitted a complete package of documents. At this time social support Working and non-working student mothers who are studying full-time or serving under contract, as well as women who have adopted a child, are eligible.
Payment calculation system for mothers on maternity leave
Proper size maternity benefit depends directly on the average salary of a woman. Calculation formula:
Total income for the last two years / number of days for these couple of years * number of days of maternity leave.
It is important to take into account that a woman’s earnings for two years should not exceed the maximum value, defined by law. Moreover, the amount of average daily income also has its maximum allowable value. It can be calculated using the following method: first you need to add up the maximum bases for calculating fund payments social insurance in the last two years before going on maternity leave. The resulting value should be divided by 730, and the amount of average daily income due to a young mother will be obtained.
You should also know that when calculating days in a two-year period are not taken into account sick leave, previous maternity leave (if any), child care leave and such leaves during which wages were partially or fully retained (only if the state did not accrue additional benefits for it).
Duration of maternity leave
It is almost never possible to determine with absolute accuracy how long a woman will go on maternity leave, since all births occur individually and there may be some difficulties. True, for a favorable pregnancy there are Specific deadlines for calculating benefits:
- A woman who gives birth to one baby is entitled to 140 days of leave;
- 194 days (84 of them before childbirth, and 110 after them) are given to a woman who gives birth to twins, triplets, etc.
If the child born prematurely(up to 30 weeks), then the mother is entitled to an additional 156 days after childbirth allocated for vacation (not counting vacation days before the birth).
Conclusion
retained for the most part all the provisions that existed in 2015. However, reminding yourself of them is necessary if you are going to become a parent in the near future.
Sooner or later, issues related to maternity leave concern almost every girl. Expectant mothers should find out in advance all the necessary information about maternity leave.
The Labor Code of the Russian Federation contains all the necessary data, however, it is presented in a language that not everyone understands, so a detailed explanation of all its points is necessary.
According to Article 255 of the Labor Code of the Russian Federation, maternity leave is 140 days, of which 70 days are allocated for bearing a child, and the remaining 70 days for caring for a newborn baby. However, in practice, these 140 days can be divided and not so strictly, for example, a girl can use 30 days of leave before giving birth and 110 days after the birth of the child. The main thing is that the total is 140 days. But there are a number of cases in which it can be extended.
Extension of maternity leave
The regulations on maternity leave consider situations in which the duration of maternity leave increases:
- the pregnancy was multiple, then an additional 14 days are added to the vacation
- the birth was difficult and with complications, leave is increased by another 16 days
- the rehabilitation process after childbirth requires more time than is left on maternity leave. For example, if a woman was on vacation for 100 days during pregnancy, and the remaining 40 days of vacation are not enough for the body to return to normal. In this case, the doctor additionally issues a sick leave certificate for the number of days necessary for rehabilitation. But payment for such additional leave is made according to a special scheme
- more than one child was born. If during the diagnostic process the fact of multiple pregnancy was not established, then an additional 40 days are added to maternity leave.
Reducing maternity leave
The legislation does not directly indicate situations in which the period of maternity leave may be reduced. The only reason why maternity leave can be shortened is the desire of the woman herself to begin labor activity before the end of maternity leave.
Often such cases occur if the monthly salary is much higher than
However, the law provides for another situation in which maternity leave is reduced. This is possible in case of termination of pregnancy, as well as if a newborn child dies in the first 6 days. In such a situation, the employee will be on sick leave for as long as she needs until she fully recovers. The minimum period, excluding days already spent, is 3 days.
Money aspect
Maternity leave, the duration of which is 140 days, is paid by the state. Throughout the entire vacation, the woman will receive a monthly allowance that corresponds to her average salary or stipend, if she is a full-time student.
The following categories of women are entitled to receive maternity benefits:
- women who are officially employed
- unemployed who are registered with the employment center
- women who study at universities
- women who perform military service.
The amount of benefits that a woman should receive monthly depends on her average salary 2 years before going on maternity leave.
If a woman is officially unemployed, her benefit will be minimum size wages in the region of residence. All payments are made not by the employer, but by the Social Insurance Fund.
In RussiaMother's rights are spelled out in many laws.Maternity leave is regulated by Article 255 of the Labor Code of the Russian Federation. The Labor Code of the Russian Federation defines the relationship between a female employee and the employer and spells out her rights during pregnancy and childbirth.
Going on maternity leave under normal conditions, it is possible 70 days before birth, but in some cases the period may be extended. For example, when a pregnant woman is expecting twins or more children, or when she works (or perhaps permanently lives) in a radioactively contaminated area, the prenatal period maternity leave increases. Thus, the duration of prenatal maternity leave is 90 days when a pregnant woman works or lives in a contaminated area.
After childbirth, a woman's leave ranges from 70 to 110 days. The duration depends on the severity of the birth, as well as the number of children born.
Payment for maternity leave is made from compulsory social insurance funds.
When does the right to maternity leave arise?
Right to maternity leave occurs by 30 weeks of pregnancy. Maternity leave and benefits are calculated based on a certificate of incapacity for work. An employee has the right to combine labor leave with maternity leave.
The law does not allow refusal to provide maternity leave, as well as dismissal due to going on maternity leave.
How to calculate maternity benefits?
Since 2010 rules calculationmaternity leave have changed.
Maternity leave - maternity leave is paid leave totaling 140 days for a singleton pregnancy (uncomplicated birth), 156 days for a singleton pregnancy (complicated birth) and 194 days for a multiple pregnancy.
Maternity leave can be divided into two parts: before childbirth and after childbirth. This, as mentioned above, is 70+70, 70+86 and 84+110 calendar days before and after childbirth, respectively. But, maternity benefits (maternity benefits) are paid in full immediately for the entire vacation period, at a time, 10 days after the day of submission of the necessary documents.
1. Let's say that you go on maternity leave in June 2010.
You will need to sum up all the income for days off work that you earned in the organization from June 2009 to May 2010. Payment for vacation and sick days is not taken into account. Next, you sum up all the days (including weekends) for which this income was received (do not count vacation and sick days). And finally, divide the first amount by the second and get your average daily income.
In 2010, the restriction on maximum size maternity benefits. True, it increased to 34,564 rubles per month (1,137 rubles per day), and when calculating it, regional coefficients are taken into account.
If your average daily income is more than 1,137 rubles, then in order to receive maternity benefits, you need to multiply the number of days you are entitled to by 1,137 rubles.
If it is less, then the number of allotted days must be multiplied by your calculated average daily income.
2. You are on maternity leave for up to 1.5 or 3 years. You need to know your income for the 12 months before going on maternity leave for a child up to 1.5 years old (precisely up to 1.5!). Month when parental leave began, in billing period is not included, and the days (from 140 to 194) of the previous maternity leave are included in the calculation period, but are not included in the calculations themselves. That is, you will need to find out your income about seven months before the last maternity leave. In this option, the same restrictions apply as in the previous one.
3. If your total insurance period is less than 6 months, then you will receive maternity benefits of no more than 1 minimum wage for each month.
4. If you are a university student, you are paid 1,100 rubles for each month of vacation, a vocational school or technical school student - 400 rubles per month.
5. If you are an individual entrepreneur and paid contributions to the Social Insurance Fund, you are entitled to 4,330 rubles per month (minimum wage for 2009 and 2010).
