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Each expectant mother must understand that “maternity leave” is a simplified name for a temporary period that involves the release of a working mother from work.
First of all, it is necessary to point out that the sick leave provided for childbirth and immediate pregnancy to a young mother is 140 days. This is the case if the pregnancy proceeds normally and the expectant mother will have only one baby. And the second thing that the future parent should know is that in addition to the first vacation period of 140 calendar days, the mother has the right to leave for the direct care of the baby for a period of three years. That is, exactly until the child reaches the age of three.
At the moment, in accordance with federal legislation and directly the Labor Code Russian Federation There are three situations that allow a young mother to go on maternity leave again:
- Firstly, this option is the most common. In accordance with it, the mother goes on her first maternity leave and spends 1.5 to 4.5 years there. Then she returns to work and, after a certain period of time, becomes pregnant again and applies for maternity leave again.
- Secondly, the mother of one baby becomes pregnant again, but during her first maternity leave. As a result, she goes on maternity leave again, only this time for a second one. Moreover, everything happens in such a way that she goes on a new vacation without leaving the first one.
- Thirdly, this is an option when the first maternity leave has not yet come to an end, but the pregnant woman still decides to return to work for a certain period of time. Moreover, she does this immediately before going on her second vacation.
How soon can I go on my second maternity leave?
Based on the Labor Code of the Russian Federation, we can say that, both in the first and in the second maternity leave, a woman can go on leave to care for a small child only after thirty obstetric weeks.
Moreover, it should be noted that you can go on a second maternity leave both from “work” and while directly on your first maternity leave. The only thing that needs to be taken into account is the characteristics of various situations. It is about them that will be discussed further.
Types of situations
If a woman becomes pregnant a second time, then at the end of the first maternity leave, neither the actual registration nor the amount of payments will differ from the standard procedure.
At the same time, according to the law, a young mother is provided with the following benefits for her second baby:
- Firstly, a young mother can receive compensation for registering in the early months of pregnancy. The amount of this payment is 543 rubles.
- Secondly, the parent receives a payment at the birth of a child, which is provided as a lump sum. Its size is 14,497 rubles and is constantly indexed. It is paid by the local social service.
- Thirdly, the employing company pays financial benefits in the amount of the full average earnings for the entire period (over the last 2 years). For women who do not work, this payment is equal to 5,965 rubles.
- Fourthly, the monthly payment for childbirth and immediate pregnancy is 5,436 rubles.
But maternity benefits are only available to those mothers who were fired due to the liquidation of a company, termination of the economic activities of individual entrepreneurship, and in special individual cases.
It is necessary to point out that there are three main options for taking a second maternity leave:
- second maternity leave without leaving the first - this option involves two possible options developments:
- the mother can go to work for a while, and then leave again to go on maternity leave,
- or go on maternity leave again without waiting for the end of the first one.
At the same time, it is necessary to understand that a special role in this will be played by the indexation of employees’ salaries and the immediate period of pregnancy when considered at the end of the first leave.
It must be taken into account that when calculating maternity pay It will not be the number of hours worked that will be taken into account, but the year.
It is from him that the average monthly salary will be calculated.
This option should be considered using an example:
Mom goes on maternity leave in 2010, then her salary was 20,000 rubles. In this case, the average monthly salary for the period from 2009 to 2010 will be taken into account.
When she becomes pregnant again during the first maternity leave in 2012, and from that moment her salary has increased to 25,000, then when she goes to work, at least for a day or two, then for the second maternity leave they will take the period of time for 2010 and for 2012. Consequently, the total amount of money will increase. Read: Is it possible to pay off your mortgage? maternal capital and what documents will be needed.
If the level of wages has not increased over the entire period, then the mother should re-apply for termination of leave and for the provision of a new one.
But this option makes sense if the girl found out about pregnancy at the very end of the maternity leave. The second maternity leave, just like the first, can only be done from the thirtieth obstetric week.
In the event that parents find out about the second baby in the immediate vicinity of the first baby turning three years old, they will still need to go out for a couple of months.
- A second maternity leave after going back to work is the standard option. The calculation is made in accordance with the provisions Labor Code RF.
- As for the transition from the second maternity leave to the third maternity leave, everything happens on almost the same grounds as in the case of the second maternity leave. However, you should still contact the HR department and discuss some individual points.
Calculation of maternity benefits
To correctly calculate maternity benefits for a second child, you will need to take the amount of wages for the last 2 years. The resulting amount is then divided by the number of days in previous calendar years. This turns out to be the average salary that an expectant mother receives per day. To find out the amount of the benefit, you will need to multiply this figure by the number of days of parental leave. If she goes on maternity leave without leaving her first leave, then the amount of wages is taken into account as it was previously.
Video
- About maternity leave
- What documents are we talking about and what exactly should we do?
- Correct paperwork
It happens that a woman immediately goes from maternity leave to maternity leave. That is, being in the first one, she suddenly realizes that she is expecting a second baby. Goes on a second maternity leave without leaving the first. Many women and other people who have at least an indirect connection with such cases are wondering if this is possible legally? What documents should I fill out to ensure everything is done according to the rules? What should a leader do in this kind of situation? We will try to talk about this in as much detail as possible below.
About maternity leave
When the term “maternity leave” is uttered, many understand it as 3 years, which are given to the mother so that she can bear, give birth, and begin to raise and care for the baby a little. This is not entirely correct. There are several parts to this vacation. Each of them differs from the other in its duration and the amount of money that is paid to the mother. These are the following rest days: 
- For pregnancy (on average it lasts 140 days, i.e. 70 before birth, 70 after). If there are problems with the woman's health, there were difficult birth, several children were born at the same time, the period is extended.
- Caring for the baby (lasts until he is one and a half years old).
- Child care (lasts until he is 3 years old).
In the first case, the increase in rest duration can be from 86 to 110. It depends on the reasons why this extension is necessary. When does mommy receive benefits? Straightaway.
What is the amount of payments in the second case? Every month of these rest days, mommy has every right to receive almost half (more precisely, 40%) of her salary. This refers to average earnings over the last 2 years. By the way, she doesn’t have to take such a vacation herself. She can go to work, and arrange the vacation in question for any relative who will actually look after the baby, for example, dad, aunt, or grandmother. This is very convenient in cases where mom earns more than dad.
If we talk about the third vacation, the mother can take it or say goodbye to the benefit, go to work and allow other relatives to do the same. Or maybe stay at home and babysit the little one. Is it really worth it? There will be a very small benefit after one and a half years.
What should one do if the mother realizes that she is pregnant again when the first baby is not yet one and a half years old? First of all, don't be scared. This is a completely legal situation. And, yes, you can go on maternity leave again. You just need to collect the necessary package of documents, and that’s it.
Return to contents
What documents are we talking about and what exactly should we do?
This is the following documentation:
- sick leave from a women's clinic or medical institution;
- an extract from the employment contract (a copy of the employment contract is possible);
- a woman's application to the Social Security Administration.
It is very important not to delay this for too long and submit this application no later than six months after the day the sick leave is closed by the doctor.
- Write a corresponding statement. It should be in the name of the woman's employer, of course, on her behalf. What should be written there? This is a request to interrupt maternity leave for up to 1.5 years and open a new one for pregnancy and subsequent childbirth.
- It is important for a woman to remember that she does not have the right to receive both payments. She must choose one of them and inform her supervisor of her choice.
- In the event of such a decision (from one vacation to another), the payments, or more precisely, their amount, will also change. You should be prepared for this. This happens for the reason that it will change billing period V in this case.
- It is very important if the duration of maternity leave is changed to inform your manager in advance.
- What if a woman does not want to lose both payments issued by the state? You can try to apply for a second parental leave for a close relative. But it is important that this relative actually cares for the baby, and not just in words.
What should the mother do to complete the last of these steps? Get a certificate from your place of work that she does not receive this benefit. In this case, the amount of this payment will be calculated from the income of the relative who took on this difficult burden.
The birth of children with a small age difference in a family is a fairly common situation. For the employer with whom the mother of the family has an employment relationship, this means that accruing and paying maternity benefits such an employee will have to do it again. Moreover, part of the payments from maternity leave to maternity leave will actually take place in parallel, informs spmag.ru.
From maternity leave to maternity leave: what payments are due?
When a woman has a child, the employer usually pays her four benefits: sick pay for pregnancy and childbirth, benefits for early registration at the antenatal clinic, lump sum allowance at the birth of a child and then monthly payment of parental leave for up to 1.5 years. These amounts are calculated and transferred upon the occurrence of appropriate circumstances, that is, upon receipt of sick leave, the birth of a child, or writing an application for care leave. If it turns out that, while on such leave, the employee manages to give birth to another child, then the payments are repeated, due to the occurrence of repeated circumstances giving the right to receive them. For the employer, in this case, the procedure for calculating maternity benefits is important if an employee goes from maternity leave to maternity leave. It has some nuances.
The procedure for calculating payments at work from maternity leave to maternity leave
Benefits paid when early production for registration during pregnancy and at the birth of a child, have a fixed amount established for a specific year. Thus, in the event of the birth of a second child, the employer will have to rely on the date on which the employee became entitled to receive such benefits. In the first case, this is the start date of the period for which the sick leave, in the second - the child’s birthday. If these dates fell on different years, then the benefit amounts will be different.
Another thing is payment under the BIR and payment for parental leave for up to 1.5 years. First of all, the periods of maternity leave with the first child and maternity leave with the second may overlap. In this case, the woman will have to choose whether she will remain on maternity leave or write a statement about its end and, at the same time, provide the employer with sick leave for the purpose of calculating an alternative benefit. The latter is usually more profitable in terms of the size of payments.
The second nuance is related to the determination of the billing period on the basis of which both payments are made. Let us remind you that the calculation is based on the average daily earnings, which is determined by the wages of the two previous calendar years. To determine payment under the BIR, this amount is multiplied by the number of sick days. When calculating monthly allowance for child care, the average daily earnings must be multiplied by the conditional 30.4 days per month, as well as by the limiting figure of 40%.
However, if the calculation of maternity benefits occurs in a situation from maternity leave to maternity leave, then there may be no earnings at all in the previous two years before the birth of the second child, or it may be insignificant. For such situations, part 1 of article 14 Federal Law dated December 29, 2006 No. 255-FZ provides for the following decision.
If in the two calendar years preceding the occurrence of the insured event (in the situation under consideration, we are talking about repeated births) the employee was on leave for BIR or to care for another child, then these two years can be replaced by earlier ones. Thus, this provision of the law is actually provided just for such cases. It allows a woman not to lose payments if she goes from maternity leave to maternity leave, without forcing her to go to work between the births of children.
However, it is important to fulfill two conditions. Firstly, such a replacement should lead to an increase in average earnings, and as a consequence, the amount of benefits. Secondly, you can select only those years (or one year) in which the employee received a salary, and which immediately precede the years that are completely or partially excluded from the calculation due to previous maternity leave or sick leave.
Example
Employee Ivanova P.M. is on parental leave for a child up to 1.5 years old, which expires on March 15, 2017. In January 2017, she provides the employer with sick leave for pregnancy and childbirth for a period of 140 days, open from January 20.
Ivanova’s salary in 2013 was 360,000 rubles, in 2014 - 410,000 rubles. Since the employee went on maternity leave in 2015, her salary for the period from January to June amounted to 178,500 rubles. In 2016, she did not receive payments included in the calculation of average daily earnings.
Since the employee actually goes from maternity leave to maternity leave in 2017, payments for BIR and for caring for her second child can be calculated on the basis of wages for 2013-2014, because this period precedes the years 2015-2016, which should have been used in calculating benefits in 2017, but in which the amount of earnings turned out to be less.
Thus, the amount of sick leave payment according to the BIR will be:
(360,000 + 410,000)/730 x 140 = 147,671.23 rubles;
The monthly allowance for caring for a second child will be:
(360,000 + 410,000)/730 x 30.4 x 40% = 12,826.30 rubles.
In this case, the amount of payments for the second child will be equal to similar benefits that Ivanova received with her first child, since he was born in 2015, and, therefore, payments for him were also calculated based on salary indicators for 2013-2014.
Since the employee wrote an application for interruption of maternity leave for a child up to 1.5 years old (the last day of leave is January 19, 2017), as well as an application for payment of sick leave for pregnancy and childbirth, open since January 20, 2017, the amount of the childcare benefit the first child in January will be:
12,826.30 / 31 x 18 = 7,447.53 rubles.
Let us remind you that the employer is obliged to calculate all benefits for accrual and payment within 10 days from the date of receipt of documents allowing the employee to claim the corresponding amounts. In the situation under consideration, if she goes from maternity leave to maternity leave, payments are made in the same order, that is, in compliance with the established ten-day period.
