Find out what is meant by maternity leave, how to apply maternity leave without violations, with what features benefits and work during maternity leave are issued, in what order is the replacement of an employee on maternity leave carried out.
From this article you will learn:
- how to apply for maternity leave in 2016;
- how to draw up an order for maternity leave;
- in what order maternity benefits are paid.
What is meant by maternity leave?
Labor legislation does not provide for such a concept as “maternity leave”. However, this term has become entrenched in the vocabulary of HR specialists, and it is this term that we will use in our material. And by maternity leave we will mean maternity leave.
The right to maternity leave and receiving related benefits under the program social insurance recorded by Article 255 of the Labor Code of the Russian Federation.
How to apply for maternity leave in 2016?
The rules for granting maternity leave (maternity leave) will not change in 2016. Maternity leave is granted based on the employee’s application and certificate of incapacity for work.
The duration of this type of leave depends on the characteristics of the pregnancy and the degree of difficulty of childbirth, amounting to:
- for a singleton uncomplicated pregnancy - 140 days (70 days before birth and 70 days in the postpartum period);
- with multiple births - 194 days (84 days before birth and 110 days in the postpartum period);
- for complicated childbirth - 156 days (70 days before birth and 86 days in the postpartum period).
The duration of maternity leave does not depend on the number of days actually used by the woman before giving birth. So, if the birth occurs earlier than planned, then the leave is not reduced. Also, at the request of the employee, it can begin too late indicated on the certificate of incapacity for work, but the vacation must end no later than the date indicated on the sick leave.
Most personnel officers know how to apply for maternity leave, but not everyone ensures that the application for it is filled out correctly. Meanwhile, the structure of such an application is standard and simple: it is necessary to indicate the employer’s details, list all attached documents (sick leave, certificate from the antenatal clinic, etc.) and state in free form a request for leave with benefits. The applicant must indicate the time limits of the vacation and certify the document with her own signature.
We receive a statement from an employee
To take maternity leave, in addition to sick leave, it is necessary to obtain an application from the employee. There is no unified form, so it is compiled in any written form. As a rule, it contains a request for leave and maternity benefits. The application must contain mandatory information, namely: the name of the organization and the full name of its leader (1); Full name employee without reductions (2); information about the identity document (3); information about place of residence (in accordance with the passport) (4); information about the place of actual residence (5); request for maternity leave, its start and end dates (6); request for a benefit, indicating its type (7); method of receiving benefits (8) . They also reflect information about the account details to which the benefit will be transferred (9); number and date of issue of the certificate of incapacity for work (10); employee signature with its transcript (11); date of application (12) . The application must be registered (13) and submitted to the head of the organization. He will consider it and put forward his resolution (14).
We pay maternity benefits
To receive maternity benefits, the employee submits a sick leave certificate and an application to the employer (Article 255 of the Labor Code of the Russian Federation). In some cases, a certificate of income from a previous place of employment may also be required. For example, if a woman has worked in other organizations over the past two years (). The employer is obliged to accept sick leave for payment if the employee applied for benefits no later than six months after the end of the period for which the sick leave was issued. Maternity benefits are assigned no later than 10 days from the moment the woman submits necessary documents, are paid on the next day established for the payment of wages (Part 1, Article 15 of Law No. 255-FZ).
The maternity benefit is 100% of the employee’s average salary (Clause 1, Article 11 of Law No. 255-FZ). In this case, the average earnings, on the basis of which benefits are calculated, are taken into account for each calendar year in an amount not exceeding the maximum base value established for the corresponding calendar year for calculating insurance contributions to the Social Insurance Fund of the Russian Federation.
Today there is a draft resolution of the Government of Russia, which will set the maximum value of the base for calculating insurance premiums in 2016 in the Social Insurance Fund of the Russian Federation and the Pension Fund of the Russian Federation. It is assumed that the limits will be equal to RUB 723,000, respectively. and 800,000 rub.
Replacing an employee on maternity leave is carried out by temporarily transferring another employee to her place or hiring a new employee under the terms of a fixed-term employment contract. The condition for termination of the employment contract is in this case is considered to be the return to work of the main employee (Part 3 of Article 79 of the Labor Code of the Russian Federation).
Contents of the article:
Since 2011, parliament has been analyzing a project that would allow you not to return from home until your child is three years old. Parliamentarians were given the idea to consider a law on continuing to pay for child care not until one and a half years old, but until three years old. However, the deadline for reviewing the project was postponed more than once, due to imperfections and difficulties with payments. Scientists are confident that this state support law will negatively affect the regions’ funds: there will be no money at all to implement all such measures. All this became the reason for postponing the consideration of this problem that is relevant for future parents. What will it be like by 2016? New law Let's take a closer look.
Duration of such leave in 2016
According to current legislation, an employee goes on vacation no earlier than 70 days before giving birth, and leaves no later than 70 - 124 days after the end. The period is completely determined by problems during childbirth and the number of babies. The Labor Code Law provides for this. Therefore, if you want to calculate how long maternity leave lasts, you need to consider both factors. The government has decreed the following duration of pregnancy leave:
- When a woman in labor has only one baby, and the gynecologist excludes the possibility of complications during birth, the duration of care as a whole is strictly 140 days, divided into equal parts: 70 days each.
- When expectant mother gives birth to one baby, but her gynecologist does not eliminate the occurrence of complications, the maternity leave is extended. Then the duration of rest after the birth of the baby will be exactly 86 days.
- When a woman plans to have more than two children, both parts of the leave are extended. Then it will be 84 days and 110 days (separately before and after childbirth).
- When the number of children was not known before the birth, and the doctor did not establish that the pregnancy was multiple, the first part of the maternity leave remains the same as with a normal birth, 70 days, and the second part is extended to 124 days.
- When the birth is premature (it is better to check the terms that apply to it in the current laws), the woman receives 156 days of postpartum sick leave.
All of the above features are prescribed on the sick leave; it must be completed by the woman in labor in order to receive maternity leave. Usually, the sick leave list states the specified number of children and whether any complications are expected.
An employee may not take maternity leave from the very beginning (at the 30th week of the current pregnancy), i.e. reduce it before childbirth. But regarding early exit from maternity leave, the legislation has not established clear rules, so this issue must be resolved directly with the authorities.
Basically, to increase maternity leave, workers use regular paid leave. Then the next leave is placed before or after maternity leave. The legislation does not provide for restrictions in this regard, so any pregnant Russian woman has the right to use this opportunity.
Who can receive maternity benefits?
Only the legal mother can count on receiving payment in connection with the birth of the baby, but in fact, any loved one has the right to receive further rest, and he, accordingly, will be the recipient of the benefit. This payment is required by law:
- Women in labor who have a job;
- Women in labor who are undergoing full-time training in any educational institutions (vocational, higher and secondary specialized);
- Women in labor who were laid off due to the liquidation of an enterprise or for another valid reason (need to be registered with the local center).
Based on these categories, we will highlight who pays for maternity leave:
- employers (thanks to funds from insurance funds);
- universities and other institutions from their own budget;
- management social protection population
How are maternity benefits paid?
When the employer is responsible for the payments, he is obliged to pay them along with the upcoming salary. In order for the accountant to be able to calculate the required amount, the woman in labor must submit the following documents:
- Her certificate of incapacity for work (you can get it from a gynecologist) confirms the start of the vacation.
- Your own application for maternity leave
- A certificate showing the salary for the past two years from those places of service where the expectant mother was previously registered (if necessary)
You have the right to write an application for maternity leave in any form on behalf of the employee.
A new option for calculating maternity benefits, which takes into account salaries for the past two years, was introduced at the beginning of 2011. In the period from 2011 to 2013. there was an opportunity to independently decide on one of the options - as was allowed before - in a year, or, as it should now - in two.
Since 2013, maternity pay is calculated exclusively according to the 2011 model. Time must be subtracted from the two past years:
- Absence from work due to illness;
- maternity leave time;
- time period for maintaining salary in case of absence from work.
Let's consider an algorithm that describes the calculation of maternity leave:
- We calculate the whole number of days over the past two years
- We calculate the total salaries for the above period of time
- We divide the number obtained in the previous paragraph by the sum of days, we get the average salary per day
- We multiply the total by the number of days of maternity leave, the amount you are interested in comes out
Payments are transferred to a bank card, which must be included in the application for maternity leave.
- Calculation of the required amount this year for those officially unemployed:
Residents of Russia who are not officially employed anywhere, as well as full-time students, receive a b/l benefit at the rate of 543 rubles/month. When calculated, the average daily fee for such citizens is 18 rubles. It’s easy to calculate maternity benefits:
Maternity leave duration:
- for childbirth without problems (140 days) they will amount to 2,530 rubles.
- for 156 days it will be approximately 2820 rubles.
- and for 194 days - about 3,510 rubles.
Separate calculations are made for persons who became unemployed during maternity leave, and payments due to the sudden bankruptcy of the employer or layoff of employees, closure of an organization or termination of the work of an individual entrepreneur.
This group also includes wives of military personnel whose husbands were transferred during their maternity leave from units located within other countries.
Then the amount of the payment is considered by law: namely, one hundred percent of the amount that was received over the past two years based on the minimum wage.
The amount of payment for these women giving birth is as follows:
Ordinary childbirth (i.e. 140 days) - approximately 2710 rubles. – with an only child; 5430 rubles – for subsequent children.
For some unemployed people, the payment amount is determined at 40 percent of the average salary at their previous place of work for the 365 days preceding the month of dismissal. Upon the birth of the first child, at least 2,718 rubles. and 5436 rub. - at the birth of all subsequent babies, and no more than 10,873 rubles. These persons include:
- Persons shortened during the period of rest to care for the baby (mothers, grandmothers and other relatives, guardians caring for the child);
- Mothers who are shortened during pregnancy rest periods due to:
- closure of the enterprise;
- termination by citizens of the activities of individual entrepreneurs;
- loss of rights by private notaries or loss of the title of lawyer;
- completion of the duties of other individuals. persons whose work is required to undergo licensing (and/or) state. registration.
Full-time female students receive maternity payments in the amount of the prescribed scholarship!
Students receive benefits from educational institution. The unemployed - from the management of social services. protection of citizens.
Limits of maternity payments
If the start of the vacation refers to the current year, take into account the total salary for the previous two years - 2014 and 2015.
If a Russian woman has less than six months of working experience, the calculation of the average monthly income is considered to be the minimum wage, which is now 6,204 rubles.
Minimum allowable maternity payment
So, the lower limit of maternity pay today is:
- at 140 days – 28,555 rubles;
- at 156 days – 31819 rubles;
- at 194 days – 39,570 rubles;
A pregnant Russian woman performing part-time duties can only count on payments that are half as much: 14,277 rubles.
The maximum permissible threshold for the amount of maternity leave payment
The maximum stipulated threshold of the amount is dictated by the maximum value of the base; over the past years it was equal to: in 2013 - 568,000 rubles, in 2014 - 624,000 rubles, in 2015 - 711,000 rubles. And in 2016 it is 718,000.
Consequently, the maximum possible daily pay for maternity leave is 1828 rubles: (624000 + 710000) / 730. And the maximum allowable amount of all maternity payments in 2016 is equal to:
- 140 days – 248,164 rubles;
- 156 days – 276,526 rubles;
- 194 days – 343,884 rub.
Questions encountered when applying for and using maternity leave:
- Does the mother have the right to take him later than the calculated date?
She chooses the start date of the maternity leave herself. This must be taken into account, because there are also employers who seek to send subordinates on maternity leave strictly from the calculated date. This behavior is against the law.
- In this case, how long does maternity leave last?
If maternity leave begins later than the written date, the question arises: how to calculate the end date of the leave, and make payment for maternity leave, since according to the law, payment is made for the entire period of maternity leave.
There are two possible options solutions to the problem:
- The end of maternity leave is always calculated according to the deadlines. Consequently, if a woman in labor has determined the start date of her leave later than was necessary according to calculations, its period is automatically reduced, in fact, as is the duration of the maternity benefit. (You must remember that a citizen acting in this way will receive a salary for the days that she worked instead of maternity leave.) This option is supported by the Social Fund. insurance. This means that arguing with the employer on this issue is a waste of time.
- The second solution to the problem is more consistent with the law, although it is not particularly supported by practice. Namely, the law establishes: the calculation of maternity leave occurs in total; it is used by the employee in its entirety, regardless of when it begins. It follows that the end date of the maternity leave in a situation where it began later is calculated by calculating 140 days from the actual start date. It is also necessary to determine the period for payment of maternity benefits.
- Does an employer have the right to intentionally reduce the required vacation or refuse to provide maternity leave?
If this situation arises, keep in mind: by law you are required to provide both payment and rest before and after the birth of your baby. The employer does not have the right to refuse, otherwise you can solve the problem through the court.
The concept of “maternity leave” is widespread among people. Young mothers usually talk about it. The “maternity leave” includes:
- Maternity leave;
- child care leave up to 1.5 years;
- leave to care for a child up to 3 years old.
Such leave is paid on the basis of sick leave, which is issued at the medical institution where the expectant mother is registered. Sick leave is prescribed by the attending physician immediately for the entire period of such leave.
Maternity leave is granted immediately for the prenatal and postnatal periods. Its duration depends on the course of pregnancy, the course of labor and the number of children who are to be born or have been born.
Length of maternity leave
In a standard situation, leave is granted to a woman at 30 weeks of pregnancy. If the pregnancy is multiple, then the woman goes on vacation from the 28th week.
The date of going on such leave is determined by the doctor.
Leave is divided into prenatal and postnatal leave. Now its duration does not depend on the date of birth, as it was in the Soviet Union. Now leave is issued immediately for the number of days specified in Art. 255 Labor Code of the Russian Federation.
A woman has the right to go on another vacation before maternity leave. The employer is obliged to provide it to her immediately before maternity leave, even though the woman “messes up” her vacation schedule.
The duration of the next vacation in this case, as for everyone, is 28 calendar days. If a woman belongs to the categories of workers who have the right to additional leave, then they can use it along with the main one.
Only those women who did not take it in the current year have the right to another leave before maternity leave. If a woman used this right, and at the end of her maternity leave she quit and did not work for a day, vacation pay will be deducted from her upon dismissal.
Number of vacation days
In Art. 255 of the Labor Code of the Russian Federation indicates how many days women are entitled to maternity leave:
- 70 days before birth and 70 after birth for women whose pregnancy proceeds without complications and one child is expected;
- 70 days before birth and 84 days after birth, if the birth was complicated and the woman had a caesarean section. In this case, the sick leave is extended by the maternity hospital doctor who delivered the child;
- 86 days before birth and 110 days after birth if a woman has a multiple pregnancy. If it was not known before the birth that a woman was expecting 2 or more children, then she is given a standard leave of 140 days, and then it is extended by the maternity hospital doctor.
If a woman lives in a zone with the right to resettlement, then according to paragraph 6 of Art. 18 of the Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant,” she is granted prenatal leave of 90 days. These days are intended for additional health improvement for women.
If a woman lives and works in an area that was previously exposed to radiation, then leave is issued for 156 days at once - 70 days before childbirth and 86 after childbirth.
Leave is granted on the basis of a certificate of incapacity for work. According to clause 46 of the Procedure for Clarification, which is given in Letters of the Federal Insurance Service of the Russian Federation dated December 23, 2011 N 14-03-11/15-16055, dated October 28, 2011 N 14-03-18/15-12956, it is issued:
- An obstetrician-gynecologist at the medical institution where the woman is registered;
- If there is no gynecologist, then a family general practitioner;
- If he is also absent, then he will be a paramedic.
Maternity leave is issued immediately for the entire number of days:
- At 30 weeks during normal pregnancy and childbirth;
- At 28 weeks, if it is known that the woman is expecting 2 or more children.
If fact multiple pregnancy established only during childbirth, the medical institution where the birth took place issues the woman additional sick leave for another 54 days, which are paid in accordance with the Labor Code of the Russian Federation.
In paragraph 1 of Art. 14 Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity” states that maternity leave is subject to payment.
In paragraph 1 of Art. 11 of Law No. 255-FZ states that sick leave for pregnancy and childbirth is paid at the rate of 100%, regardless of the woman’s length of service at the enterprise.
The calculation is made based on the woman’s average earnings over the last 2 years. The calculation takes into account the duration of work not only with this employer, but also with the previous one. To do this, when leaving your previous job, you need to take a certificate in form 2-NDFL and 4-FSS.
If a woman’s work experience is less than six months, then the benefit is paid in the amount of 100%, based on the minimum wage established by the state for the year when the woman goes on maternity leave. In 2016, the minimum wage is 6,204 rubles. This is stated in paragraph 3 of Art. 11 Federal Law N 255-ФЗ.
The maximum amount of maternity benefit is limited by law. It is not the benefit itself that is limited, but maximum size a woman's earnings per year.
In 2015, the maximum earnings of a woman are 670 thousand rubles, and in 2014 – 624 thousand rubles. These periods will be used to calculate payments to women who will go on maternity leave in 2016.
To calculate maternity payments in 2016, it is necessary to use the woman’s earnings for 2015 and 2014.
The maximum benefit amount in 2016 is (624,000 + 670,000) / 730 * 140 = 248,164.38 rubles.
Accordingly, for a woman who will go on maternity leave in 2016, the maximum benefit amount will be equal to (624,000 + 670,000) / 730 * 140 = 248,164.38 rubles.
The benefit is paid within 10 days after submitting sick leave or on the nearest day of payment of wages or advance payment at the enterprise.
At the end of the year, the accountant prepares reports to the Social Insurance Fund, which includes these payments. The Social Insurance Fund compensates the company for these expenses.
Application for maternity leave
To exercise her right to maternity leave, a woman must provide her employer with a package of documents. It includes:
- Application for leave;
- Application for vacation pay;
- Sick leave;
- A copy of the woman’s passport – page with photo and registration;
- Number of the card or bank account where the benefit will be transferred. A woman can receive it in her hands. This is not prohibited by law.
The woman may have to submit additional documents to the employer:
- Certificate of earnings from previous place of work. This is necessary if she has worked for this policyholder for less than 2 years, and her earnings are “not enough” to calculate payments;
- A certificate from another employer stating that she is not taking leave and has received benefits from him. This certificate must be submitted if a woman simultaneously works in several jobs.
There is no standardized form for applying for leave. It must be written in writing. If the enterprise has developed an application form, then it is written on it.
The application for maternity leave must include the following information:
- In the upper right corner you must indicate information about the employer and the applicant:
- The position of the employer's representative who has the right to sign such statements, and his full name. For example: “To the General Director of Pagda LLC, M.R. Yakovlev”;
- Position and full name of the applicant. For example: “From advertising manager Minina E.O”;
- Next, in the center you need to write the word “Statement”;
- Then the “body” of the statement. Here you need to indicate the main text, that is, the request for maternity leave. The duration and period of such leave must be specified as specified in sick leave certificate. For example, for 140 calendar days from August 4 to December 21;
- Then the date of application and the signature of the employee himself.
It is worth remembering that if the enterprise is large, then the document flow is also huge. You should write an application for any vacation in 2 copies. The application is registered with the secretary. One copy, which remains with the employee, is marked with the number of the incoming document and the date of registration of the application.
A woman has the right not to use maternity leave. Then the employer has no right to pay her benefits. The law prohibits the simultaneous receipt of wages and benefits.
An employer does not have the right to refuse a woman to provide her with such leave. He also does not have the right to dismiss her on his own initiative, with the exception of the liquidation of an enterprise or termination of the activities of an individual entrepreneur.
Also, a woman can go on a second maternity leave without leaving the first maternity leave. The maternity benefit will be calculated based on the woman’s earnings for the last 2 years before the first maternity leave.
A woman must write an application to terminate her first maternity leave, and then a new application to grant her a new maternity leave. You cannot receive 2 benefits at once.
When the second maternity leave ends, the woman writes an application for leave to care for the second child and for the renewal of payments for the care of the first child, if this leave has not yet ended. A woman has the right to receive both benefits for caring for two children at the same time.
Since 2011, a new pilot project for the payment of maternity benefits and child care benefits up to 1.5 years was launched. According to paragraph 3 of Art. 11.1 of Federal Law N 255-FZ, a woman who is on postpartum leave has the right to replace it with care leave. It is advisable to do this if the care allowance is greater than the maternity benefit.
Nowadays, care leave of up to 1.5 years is granted to a woman after the end of her maternity leave. In some regions of our country, where such a project has been launched, a woman can replace postpartum leave from the day her child is born. The care allowance will continue to be paid for up to 1.5 years.
Only a woman can exercise the right to substitution. Other relatives of the child will not be able to take care leave.
The benefit paid to a woman in connection with her pregnancy will be counted towards her as a carer's benefit. If the amount is less, the woman will be paid additionally.
To replace one leave with another, a woman must write an application to terminate maternity leave and provide her with care leave for up to 1.5 years from the date of birth of the child (indicate the date of birth). She will have to attach the baby's birth certificate to the application.
According to the current legislation of the Russian Federation, any woman has the right to be granted maternity leave. During this period, she is paid, the full list and amount of which is established by the federal and regional authorities.
A distinctive feature of maternity leave and related payments is that it can only be issued to the mother. The father cannot exercise this right and receive funds from the state.
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Features and timing of this vacation
Total duration Maternity leave is 140 calendar days. Of these, 70 are provided before birth, and 70 after the baby is born. However, in certain circumstances, the duration of maternity leave may be extended.
So, if a citizen gave birth to not one, but two or more children , then after giving birth she is given not 70, but 110 calendar days. At difficult childbirth , including caesarean section, after giving birth, the mother is allowed not to go to work for 86 calendar days (16 more than usual).
If a citizen was subjected exposure to radioactive radiation , then her leave until the birth of the child will be 90 calendar days.
Length of maternity leave
During maternity leave, a woman has right to benefits from the state, a complete list of which is established at the federal level. One of the main ones is determined by the system of compulsory social insurance of citizens. Its value is calculated based on the income of the expectant mother for the last two years before going on maternity leave.
Design rules
Registration of maternity leave is carried out according to the official place of work person. In this case, it is necessary to present. This document is issued by specialists from the antenatal clinic, in which the woman is registered at the 30th week of pregnancy. As mentioned earlier, the validity of a certificate of temporary disability due to pregnancy can be increased (in case of multiple or complex pregnancies, including cesarean section).
Exercise your right maternity leave is possible only with a certificate of temporary incapacity for work. This medical certificate is attached to the woman’s application, which she draws up independently in the name of the employer. Thus, the expectant mother can dispose of maternity leave at her own discretion - leave later than the period established by law.
If there is no application for leave for any reason, it is issued from the moment indicated in the certificate of temporary disability.
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Required documents
Everything you need list of documents maternity leave is granted twice – before the birth of the child and after. It includes: 
- Citizen's identity document Russian Federation– passport.
- Certificate of temporary incapacity for work (sick leave).
- A written statement addressed to the employer.
- Certificate of salary for the last year labor activity at the official place of work.
- The current account number on which all due payments will be made.
Currently, some regions of the Russian Federation are implementing a program called "Direct payments". In accordance with it, a woman can provide all documents required for granting maternity leave not at her official place of work, but directly to the Social Insurance Fund (SIF).
Step-by-step registration instructions
The first thing you need to do to apply for maternity leave is to contact your antenatal clinic for a certificate. conclusions on temporary incapacity for work. It is recommended to do this at the thirtieth week of pregnancy.
The entire process of applying for maternity leave can be divided into the following stages:
After the birth of the child, the mother needs to collect the above package of documents again, but in order to have the right to leave until the child reaches 3 summer age . They are also provided to the head of the organization.
For information on how to apply for this vacation, watch the following video:
Form, structure and rules for drawing up an order and application for leave
An application for maternity leave has a similar structure to all official documents of this type.
Required elements of this document are:
- The “header” located in the upper right corner of the sheet. It should contain the following information:
- full company name;
- Full name of its manager;
- Full name of the applicant.
- Type of document – application. This word is written just below the “cap” in the middle of the sheet with a small letter.
- The main text containing the request for maternity leave, indicating a specific time frame.
- List of documents provided: certificate of temporary disability due to position, certificate of income for the last year of work in this organization, etc.
- Date of submission of the document and signature of the applicant. Indicated in the lower right corner of the sheet.
The employer after receiving and reviewing all documents provided to him issues an order on granting a citizen maternity leave.
This document reflects the following information:
- Full company name.
- An order to grant maternity leave to an employee indicating her full name.
- The grounds for issuing this order (the woman’s statement and a certificate of temporary incapacity for work).
- List of benefits and payments.
At the end of the order, the head of the company also puts the date of its execution and a personal signature. The woman must put her signature on this document, which is a guarantee of reading it and agreeing with all points.
What should unemployed or undocumented women do?
A pregnant woman does not always have an official place of work. There are also frequent cases when the expectant mother does not work at all, devoting all her time to her family. Do such categories of citizens have the right to maternity leave and benefits?
It is often extremely difficult for a woman in a position to get a job. Despite the fact that the law prohibits employers from refusing to employ her, there will always be reasons - lack of education, inappropriate profile and much more.
To receive a regular, albeit small, income, a pregnant woman can contact the employment service. Its employees must register the woman and promptly transfer unemployment benefits. Its value depends on the woman’s salary at her last official place of work, and in its absence, it is calculated according to the cost of living in the region. The volume of payments ranges from 850 to 4900 rubles.
In addition, pregnant women who do not have work or are not officially registered, are entitled to the following payments:
- Maternity benefit. Only those who are undergoing full-time training or who have lost their jobs due to or (IP) can count on these funds. In the first case, the amount of the benefit will be equal to the scholarship. Moreover, it does not matter whether the citizen studies on a budget or on a contract basis. In the second case, the expectant mother blows listed minimum size benefits. If a pregnant woman has not had a single official job in her entire life, then she will not have the right to these payments.
- One-time benefit upon registration early stages. Its value is about 500 rubles. Only female students and those who have lost their jobs due to extenuating circumstances are eligible.
- One-time benefit to the wife of a military man , passing conscript service. In this case, the expectant mother can count on a payment of about 20,000 rubles.
- One-time benefit for the birth of a baby. On average, the amount of this payment from the state is 13,000 rubles. If a pregnant woman is studying at a university, then she can contact the management of her university to transfer these funds.
- Child care allowance up to one and a half years old. It is paid in a minimum amount - about 2,000 rubles for the first child and about 4,000 rubles for the second child. If the mother lost her job for good reasons, the amount of this payment will depend on her. However, it cannot exceed 9815.17 rubles.
- Monthly allowance for the wife of a military man undergoing military service. It is about 8,000 rubles.
To assign any of the above benefits to an expectant mother who does not have an official place of work or does not work at all, it is necessary contact the social security authority at your place of residence.
For more details about maternity benefits, see the following video:
Labor rights of women during pregnancy
A pregnant woman should be aware of her rights. Firstly, the employer must release expectant mother from going to work on weekends and holidays, which often happens in many modern companies. Secondly, legislation prohibits attracting women in a position are required to work overtime and send them on business trips.
Also, labor legislation obliges the head of the organization translate a pregnant woman for easier work or to reduce the production rate assigned to her. At the same time, a reduction in wages is not acceptable.
We should also not forget that the potential employer has no right to refuse a woman in employment due to her position.
First, let’s clarify what “maternity leave” is. In fact, there is no such thing as “maternity leave” in law. According to Labor Code RF (Articles 255, 266), women are granted two leaves:
- for pregnancy and childbirth;
- child care.
Often, “maternity” means both of these vacations together. But we will consider them separately. Plus we’ll briefly tell you about one-time benefits related to pregnancy.
Maternity leave
To apply for such leave, the employee needs to write an application and submit a certificate of incapacity for work from a gynecologist - it indicates the estimated date of birth and gestational age.
The standard such leave lasts 140 days - 70 days before childbirth and 70 days after it. In special cases, this leave can be extended, for example, due to postpartum complications.
Parental leave
Typically, this type of leave is issued from the next day after the end of maternity leave.
If you want to take this vacation, you need:
- submit an application;
- bring a copy of the child's birth certificate;
- take a certificate from the other parent’s place of work stating that he did not receive child care benefits (it is available only once).
While a parent is caring for a child under 1.5 years old, he is entitled to benefits. Its size is calculated taking into account 40% of average earnings over the last two years, but it is more than the amount minimum benefit. From February 1, 2016, the minimum monthly benefit amount for the first child is 2,908.62 rubles, for the second or subsequent child - 5,817.24 rubles.
One-time benefits
In addition to these two benefits, assigned in connection with a woman’s maternity and child care leave, there are lump sum payments at the expense of the FSS. These payments are also associated with pregnancy and childbirth.
One-time benefit when registering in the early stages of pregnancy
It is usually assigned and paid simultaneously with maternity benefits. You need a certificate from the antenatal clinic about registration before 12 weeks of pregnancy. The benefit amount from February 1, 2016 is 581.73 rubles.
One-time benefit for the birth of a child
It is paid after the birth of the child. To assign benefits, the following documents are required:
- your application;
- a copy of the birth certificate;
- a certificate from the other parent’s place of work stating that he did not receive this benefit (it is available only once).
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