Pregnancy is a stage in a woman’s life when she has to think not only about her health, undershirts and new status, but also about her rights, which are guaranteed by the state. In particular, about maternity leave, in connection with which expectant mothers have many questions. There is no need to explain to anyone what a maternity leave is, but such issues as leave during maternity leave or the duration of the maternity leave itself require clarification.

When should you tell your employer about your pregnancy?

This good news should be reported to your superiors after the 12th week of pregnancy. Before the start of the second trimester you should:

Be sure to register with your antenatal clinic.

Complete all required examinations.

The risk of miscarriage decreases starting from the second trimester, and you can confidently tell your employer that you are expecting a new baby. What else do you need to remember?

Working in a hazardous industry is unacceptable for an expectant mother; a pregnant woman should not carry heavy loads at work. If this is exactly your situation, then you should contact your superiors with a request to change your working conditions. And, of course, in in this case The employer must be notified as early as possible.

Before 12 weeks, you can report pregnancy even if there is a risk of miscarriage. Don't forget to take a pregnancy certificate to legally protect yourself from possible dismissal.

It is better to choose the moment to talk with your superiors according to it and your mood. If your mood leaves much to be desired, postpone the conversation for another day.

Official maternity leave. How long does it last and what week does it start?

According to the Labor Code, maternity leave for an expectant mother includes 70 calendar days before, immediately, childbirth and 70 days after it. In what cases can maternity leave be extended and for how long?

If a woman is expecting twins (or more babies are expected), maternity leave increases to 84 days before the birth of the child and up to 110 days after birth.

In case of childbirth (of one baby) with complications, maternity leave can be extended to 86 calendar days.

Working or living in an area that is considered radioactively contaminated also becomes a reason for extending prenatal leave to 90 calendar days.

When should you write an application for maternity leave?

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In the current legislative framework Russian Federation(with changes relevant at the beginning of 2018), the concept is not used "maternity leave". This expression is just a common slang name in our country for two types of vacation, following each other, usually without interruption, and arranged in different ways:

Procedure for applying for maternity leave

Sample application for maternity leave during pregnancy and childbirth

An application regarding the need to go on maternity leave is absolutely no different from any other application, and also has a standard structure:

• “header” (upper right corner of the sheet), which indicates the name of the organization, surname, first name, and patronymic of its leader, and in the same corner below the surname, initials, and position of the applicant must be indicated;
• the name of the document, namely, “statement”, which is written without quotation marks in the middle of the sheet below the “header”;
• main text, which can be presented in any format; the main thing is that the applicant is able to write down a request for the vacation she needs, its temporary boundaries and state a request for the appointment of one or another benefit;
• All additional documents attached to the application are listed below (as a rule, this is the original sick leave certificate issued by the medical institution, and the original certificate issued by the antenatal clinic, which confirms the state of pregnancy);
• in the lower right corner the applicant puts the date of filing the document, as well as her own signature.

After submitting the application and all necessary documents employer publishes order for maternity leave, a sample of which is given below.

Lyaka 24 Jan 2013

sulny 24 Jan 2013

Tazhiev D.O. 24 Jan 2013

Good afternoon. Tell me, is it possible to immediately go on maternity leave if the work is in a hazardous industry, and can I demand that I be given such an opportunity?

In accordance with the current legislation of the Republic of Kazakhstan, women, upon their application and on the basis of a certificate of incapacity for work issued in the prescribed manner, are granted maternity leave of seventy calendar days before childbirth and fifty-six (in the case of complicated childbirth or the birth of two or more children - seventy) calendar days. days after childbirth, unless otherwise established by the laws of the Republic of Kazakhstan.

A sheet and certificate of temporary incapacity for work due to pregnancy and childbirth is issued medical worker(obstetrician-gynecologist), and in his absence - a doctor, together with the head of the department after the conclusion of the VKK from thirty weeks of pregnancy for a period of one hundred twenty-six calendar days (seventy calendar days before birth and fifty-six calendar days after birth).

For women living in territories exposed to nuclear tests, a sheet and certificate of incapacity for work for pregnancy and childbirth is issued from twenty-seven weeks for a duration of one hundred and seventy calendar days for normal childbirth and one hundred and eighty-four days for complicated childbirth or for the birth of two or more children. ;

Thus, the provision of maternity leave is possible on the basis of a certificate of incapacity for work issued within the above deadlines.

Timing of maternity leave

Maternity leave is usually understood as the time when a woman is expecting a child before giving birth and takes care of him until he reaches 3 years of age, i.e. in early preschool age.

The legislation of the Russian Federation provides for the payment of benefits before and after childbirth, the basis is the provided sick leave and other documents that she must submit.

Prenatal and postnatal benefits are due to the woman, and paid leave to care for the baby can be issued to one of the parents or relatives who will care for him.

A woman goes on maternity leave for a certain period established by the legislator.

The beginning of maternity leave is the date from which the sick leave was issued.

Which important points A woman should know when going on maternity leave:

• while on maternity leave, a woman cannot be fired or laid off, workplace is retained, with the exception of the liquidation of the enterprise;
• vacation is paid in mandatory;
• any woman can refuse paid maternity leave at any time and work all day general rules;
• if a woman returns from maternity leave ahead of schedule if she works part-time, her benefits will continue to be paid; if she works full-time, they stop;
• maternity leave time is counted towards the total work experience;
• if a woman does not take sick leave before the birth of the child, she will not receive benefits, she will have to immediately go on maternity leave;
• if the sick leave is issued later than the date established by law, but before the birth, it will be issued retroactively;
• If a woman takes paid maternity leave, even if she continues to work, she is not entitled to a salary; finances can be paid to her, for example, as a bonus, but with the permission of management.

Regulatory documents establish the rights for pregnant women and parents with small children in:

• Labor Code, in ch. 41 reveals the general concepts and terms of vacations;
• Federal Law No. 1244 considers social protection and leave periods for pregnant women exposed to radiation in the CHAS zone;
• Federal Law No. 81, the legislator indicates the possibility of receiving various benefits for citizens with children;
• Federal Law No. 255 talks about compulsory insurance of temporary disability associated with maternity, how benefits are calculated, what their amounts are;
• Federal Law No. 197 discusses the procedure for issuing sheets.

To apply for maternity leave with benefits, a woman must be seen by a gynecologist and registered with the antenatal clinic at her place of residence or in another clinic of her choice.

Closer to the birth, the doctor will set a deadline from which sick leave can be issued; this document is issued once and does not need to be renewed; it is the basis for going on maternity leave.

The doctor also makes calculations for the duration of pregnancy. A woman can go on maternity leave based on:

1. Obstetric examination, which includes standard procedures carried out by a doctor.
2. Gestational examination, including ultrasound readings, which usually differs from obstetric examination by 2 weeks.

But even if an officially employed woman was not registered at the antenatal clinic, the medical institution is obliged to issue her sick leave.

How long does it take to go on maternity leave?

Situations related to pregnancy are different; it depends on them exactly when the woman will go on maternity leave and how many days of vacation she will be entitled to.

The period at which people go on maternity leave in 2017 depends not only on the number of fetuses being carried, the presence of pathology during pregnancy, but also on the woman’s place of residence, as well as the harmfulness of the industry in which she works.

The standard situation is when a woman bears one child and lives in environmentally friendly conditions, and her work is not associated with labor that is harmful to health.

In this case, the legislator gives her the opportunity to take out sick leave from 30 weeks, which corresponds to 7 months.

When it is established that a woman has 2 or more fetuses, the difficulty of bearing them in the last stages is taken into account.

Therefore, the law allows you to go on maternity leave from 28 weeks, which corresponds to 6.5 months of pregnancy.

When various pathological changes are detected in a woman during pregnancy, she is obliged not only to be observed by a doctor more often, but, on his recommendation, to be placed in an inpatient department before giving birth.

But this does not give her the opportunity by law to go on maternity leave earlier than usual, for her, as well as for healthy woman The set period is 30 weeks.

If labor occurs earlier, for example, from 22 to 30 weeks, when the woman has not yet had time to go on vacation, then from the moment the child is born, it will begin for her, and its duration will be increased.

The Russian Ministry of Health has identified a list of environmentally polluted areas where conditions for bearing a fetus are unfavorable.

These areas are primarily associated with the presence of radioactive waste or increased radiation on their territory. One of them includes, for example, the Chernobyl zone, and others include the Mayak PA.

If a woman is associated with such an area, lives and works there, she has the right to go on maternity leave for 27 weeks, and the total period of leave will be longer than usual.

Working in hazardous industries does not give women the right to go on vacation earlier than 30 weeks on a general basis.

They can write to management asking for a reduction in production standards.

How many weeks do you go on maternity leave? Find out here.

Maternity leave is usually divided into two types of leave:

• maternity prenatal and postpartum;
• child care.

The general period of prenatal and postnatal leave can be of different durations:

• in case of normal pregnancy and successful delivery, the law gives a woman 70 days before and after the birth of the child;
• in case of complicated childbirth, the woman receives 86 days after, the total leave will be 156;
• when a multiple pregnancy is considered 84 days before and 110 after birth;
• if multiple pregnancy was revealed only during labor activity, then after birth it will be 124 days, a total of 1
• at premature birth from 22 to 30 weeks and the birth of a healthy baby, a woman receives 156 days of leave (70 and 86), but if the child dies, she is entitled to only 86 days;
• when birth occurs prematurely, but after 30 weeks, the woman will receive only 154 days;
• for women living and working in areas with environmentally unfavorable conditions (Chernobyl and others), the total leave will be 160 days (70 and 90).

Parental leave involves two periods:

• after the end of postpartum leave and up to 1.5 years;
• from 1.5 to 3 years.

Adoptive parents, like real parents, have the right to maternity leave on the basis of the law. It is granted from the date of adoption or birth, which will be indicated in the documents.

Paid leave for the adoption of one child will be 70 days, and for two – 110; the legislator does not provide the prenatal part.

If the adoption occurred after the child turned 70 days old, then maternity leave has effectively ended. In this case, care leave is issued.

A certificate of temporary incapacity for work is issued to a woman upon the arrival of a certain period, which, according to the law, must correspond to each individual case individually.

The document is issued in two parts at once, prenatal and postpartum, with the assumption that the pregnancy will end with a normal delivery.

If the birth is difficult or several children are born, which was not initially established, then it will be necessary to issue an additional sick leave for the number of days provided by law.

The period at which they go on maternity leave is indicated on each sick note, and the expected date of birth is also indicated there. The woman presents the document to the accounting department and writes an application for maternity leave.

To apply for benefits, you may need to write an application to change the period for which benefits will be accrued.

A sample application for maternity leave and receiving payments is here.

Is it possible earlier or later?

The boundaries of paid maternity leave are outlined by the legislation of the Russian Federation; they cannot be changed.

Some women feel unwell in their last stages, so they can use legal means and go on maternity leave a little earlier if:

• she will add the annual leave not taken off to the beginning of the maternity leave;
• the woman will go to the hospital for treatment right before maternity leave and will issue a regular sick leave.

If a woman wants to work before the onset of labor, she can inform the doctor about this and refuse prenatal leave.

While receiving a salary, she is not entitled to benefits. She can change her decision at any time, then the decree will be issued to her retroactively and for the number of days required by law.

If she decides to work before giving birth, she will only be entitled to maternity leave.

Maternity benefit

Women on maternity leave receive benefits equal to 100% of the average monthly salary, which is calculated for the last 2 years.

When maternity leave ends, the young mother is entitled to 40% of the average salary on maternity leave until the child turns 1.5 years old.

How are maternity benefits calculated in 2017 for a second child? Read here.

How long does it take to pay maternity benefits after taking sick leave? Details in this article.

A young mother can return to work at any time, but she must do this of her own free will; production needs or even an order from management cannot influence her decision.

In this case, the Social Insurance Fund will stop paying her benefits.

If you provide for this option in advance, you can immediately apply for paid parental leave for any family member. Then the woman will have to go back to work at the end of her postpartum leave.

As, in fact, the right to work are constitutional provisions. Their implementation is entrusted to legislative acts regulating relations in the sphere of labor. The procedure for submitting compulsory leaves is regulated by regulations. This codified law guarantees all employees, regardless of the position they occupy in an enterprise or company, the right to regular vacation. With job preservation and.

Employment in hazardous or hazardous industries presupposes the availability of various benefits and social guarantees. The employee also has the right to vacation. The article talks specifically about the leave entitlement for an employee who works in hazardous work.

It happens that a young mother is on maternity leave to care for her baby and suddenly realizes that she is pregnant again and will have to give birth again. In this case, she faces questions about whether she is entitled to such assistance as maternity benefits and monthly benefits until her second child is one and a half years old? The questions are not unreasonable and should be considered in detail.

It allows you to improve a person’s life, since this is the way to earn money that is considered optimally profitable. Therefore, most construction workers, but not only those, go to work north or south. Work in this way follows a special schedule, for example 6 months of work and 6 months of rest. But in most cases, 15 through 15. With such a work schedule, how are vacation pay calculated? Are there any special techniques?

The article discusses the procedure for recalculating vacation pay in cases where an increase occurred in the entire organization or for some employees during the calculated period or after it. Examples of various possible options given situation and calculation of vacation pay. The algorithm of actions of an accountant in this situation is described.

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– the period during which a woman prepares for childbirth, gives birth to a child and cares for him. The benefits paid for maternity and pregnancy by the state are completely different for workers and unemployed women. This article talks about how maternity leave is calculated correctly.

What is maternity leave? What benefits is a young mother entitled to during this holiday? How to formalize it correctly, what documents are required for this? How are non-standard issues and problems related to maternity leave resolved? What should all women without exception who are going on maternity leave know?

Sooner or later, a miracle happens in the life of any woman - she becomes a mother. But what about work, because a newborn baby requires constant care and attention. Let's understand all aspects of maternity leave. How to get it? What will you need for this? What benefits are there? What does the legislation say about this?

You - expectant mother who is about to go on maternity leave or is just planning this step. You are wondering how maternity leave will be calculated, by what criteria some are granted one period, and others a little differently. In any case, it never hurts to be legally “savvy” before this important step.

This article examines in detail the aspects immediately after maternity leave and the next leave after maternity leave, guided by the articles of the law. Perhaps you will learn a lot of new and interesting things, and use this in a real situation, then it’s worth reading to the end.

Maternity leave is a very sensitive issue. Its payment and duration depend on many factors. It is very important not to confuse maternity leave and. Maternity leave is usually called a period of 70 days, both before and after childbirth.

Maternity leave - in principle, such a definition does not exist; there is the provision of leave for pregnancy and subsequent childbirth, as well as for caring for a child up to 3 or 6 years of age, but changing the name does not change the essence. Every woman who has been pregnant or given birth has encountered a similar expression. You are going to become a mother and don’t know how to properly arrange maternity leave so as not to be left without work later.

Maternity leave is the right of any woman who has given birth. However, this is not her responsibility and she has the right to begin work duties at any time while caring for the child. Often managers do not really like this nuance, and vacation is seen as an obligation for a certain period of time, however, this is not the case.

Determined by a gynecologist, depending on the expected date of birth and in accordance with the patient’s well-being. The gestational age is also determined; it is two weeks less than the obstetric period and is determined by ultrasound doctors.

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The gestational age is calculated in weeks; accordingly, leave begins on the day of the week on which the woman is registered:

1. If the mother is in normal condition and has one fetus, according to ultrasound results, she can go on vacation from the 30th week of pregnancy.
2. If a multiple pregnancy is established (more than one child is expected), maternity leave is issued at the 28th week of pregnancy.
3. Sometimes doctors can identify pathologies that worsen the condition of the mother and child. This case does not give the right to leave ahead of schedule and begins from the 30th week of pregnancy. However, a pregnant woman has the right to treatment in a hospital and to receive a certificate of incapacity for work during her stay.
4. Women working for , are not provided with extended leave. But, upon providing a medical report and an application from the employee, the employer must reduce production or arrange a transfer to another place of work.

How is maternity paid?

A pregnant woman has the right to obtain this document, even if she has not visited antenatal clinic and was not registered. When officially employing a pregnant woman, the employer does not have the right to force the woman to work longer than the period specified in official documents. All employed women, contract military personnel, unemployed people who are registered at the labor exchange and students have the right to take maternity leave.

During maternity leave, a pregnant woman who has been officially employed for more than six months has the right to payments, the amount of which is 100% of the average wages for the previous two years. If the work experience is less than 6 months, maternity benefits are paid in the amount of the minimum wage. Military personnel are entitled to payments from the place of service in the amount of monetary allowance.

Female students receive an allowance in the amount of a stipend, paid monthly. Paid from the place of study based on a medical certificate issued medical institution, regardless of the form of training. Students of non-state educational institutions are not paid benefits.

Women who are housewives are not entitled to receive maternity leave payments. However, the exception is the situation when the payment is made from the last place of work in the amount that is indexed annually.

Leave is also paid if less than a month has passed since leaving work and is due to:

1. Change of the husband’s place of residence due to service;
2. State of health, when there is a medical certificate requiring termination of work or change of residence;
3. The need to care for a disabled person of the first group or a sick family member (if a medical report is provided).

Is it possible to go on maternity leave in advance?

The most favorable time for starting maternity leave is considered to be 30 weeks for singletons and 28 weeks for multiple pregnancy. However, some life moments may force a pregnant woman to want to go on vacation earlier due date. Is this possible? The legislation establishes a specific time for issuing sick leave. But if you want, you can start resting earlier.

An employee in this position can count on annual leave before or after maternity leave. Even if six months have not been worked, the employer does not have the right to refuse to grant an employee annual leave. If he was taken off work earlier, you can contact your doctor to go on maternity leave earlier than expected.

Is it possible to go on maternity leave later than expected?

The law does not establish restrictions on the start of maternity leave. If there are no contraindications and the pregnant woman is ready to work, she can continue to work until the end. But in this case, the employee receives only wages.

If maternity leave is not issued before childbirth, maternity benefits are not transferred. After the birth of the baby, maternity leave begins. The pregnant woman’s refusal to take sick leave is recorded on the medical record. If the decision changes before giving birth, the employee can contact her gynecologist a second time to obtain sick leave.

In this case, the certificate of incapacity for work is issued on the date on which the maternity leave date falls (30, 28, 27 weeks).

How long is maternity leave?

1. By law, maternity leave for normal childbirth lasts 140 days. 70 before birth and 70 days after. A normal birth is the birth of one child at term without illness or birth injuries.
2. In case of multiple pregnancy, determined before birth based on ultrasound results, the total duration of the weekend is 194 days (84 days before birth and 110 after). If the presence of a second fetus in the uterus was discovered only during birth process, the vacation also lasts 194 days, prenatal 70 and postnatal are 124 days.
3. If complications occur during childbirth, a woman has the right to an additional 16 days to recover. The result is 156 days. According to the law of the Russian Federation, complications include the presence of diseases in the mother and fetus such as: HIV infection, AIDS, tuberculosis, lung diseases, hepatitis, etc. If the health condition of the woman giving birth requires additional stay in the maternity hospital, maternity leave is extended by duration of illness and is paid. For this purpose, a regular sick leave certificate is issued. If premature birth occurs, up to thirty weeks of leave begins on the day of birth and lasts 156 days. If the birth occurred after the 30th week of pregnancy, it is assessed as a difficult birth and another 14 days are added to the postpartum leave, an additional sick leave is issued.
4. The maximum duration of leave before childbirth is 90 days, provided to citizens who were exposed to radiation at the Chernobyl nuclear power plant.

What documents are needed to go on maternity leave?

Under Article 255 Labor Code In the Russian Federation, maternity leave is issued in two stages: before and after childbirth.

1. Application written by a pregnant woman addressed to the employer.
2. When registering with a medical institution for up to twelve weeks - a confirming certificate.
3. Certificate of incapacity for work.
4. Identity documents.
5. Certificate of income for the previous 2 years from the last place of work (if available).

If a pregnant woman is employed in several organizations according to the Labor Code of the Russian Federation, each employer must provide maternity leave and care for a newborn on the basis of sick leave and an application from the employee.

After submitting the application, the employer is obliged to sign an order for maternity leave and pay benefits for up to one and a half years, the amount of which is 40% of monthly earnings.

It is important to remember that not only the mother, but also relatives who will care for the baby have the right to receive parental leave.

Parental leave is issued after childbirth. To do this you need to provide:

1. Identification documents;
2. Copy and original of the child’s birth certificate;
3. Statement.

To receive maternity payments Women who:

1. Work and pay insurance premiums for use during temporary disability or maternity.
2. Dismissed due to stoppage of activities or liquidation of the organization.
3. Individual entrepreneurs, lawyers, if insurance premiums have been paid to the Federal Social Insurance Fund of the Russian Federation. The benefit is paid only if these persons made insurance payments for the previous calendar year.
4. Female students who receive education in professional and higher educational institutions, educational and scientific organizations on a full-time basis.
5. Those undergoing military service under a contract, the state fire service, which monitors the circulation of psychotropic and narcotic substances;
6. Have adopted a child and fall into all of the above categories. When adopting a child younger than three months, the benefit is accrued from the date of adoption and up to 70 (for one child) or 110 (if 2 or more children) days from the birth of the child. By law, adoptive parents have the right to receive both regular annual leave and maternity leave. The number of vacation days is calculated the same and is determined from the moment of adoption of the child.

No employer has the right to call a woman on maternity leave to work. Even production necessity or an officially issued call cannot oblige her to work.

While using maternity leave, the woman retains her position. Dismissal by the employer is possible only in connection with the liquidation of the organization.
When to start your job responsibilities Until the child reaches 3 years of age, only the mother herself decides.