You can go on maternity leave after 30 weeks. Is it possible to go on maternity leave later than expected and how to do it. Maternity sick leave

Maternity leave(B&R, in common parlance it’s just decree) is a social guarantee for working women, as well as for those undergoing military or equivalent contract service. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and spend time with the newborn.

Right to maternity leave enshrined in Art. 255 of the Labor Code (LC) of the Russian Federation (No. 197-FZ of December 30, 2001). The law states that the decree is accompanied by the payment of social insurance benefits.

• Birth leave is provided for both natural (born) children and adopted children under the age of 3 months.
• Do not confuse maternity leave (maternity leave) and parental leave for a child up to 1.5 years old. In a legal sense, these are completely different periods.

A special feature of maternity leave in Russia is that it can be taken out by: only woman.

• Sometimes they write or say that dad can be put on maternity leave. This implies Holiday to care for the child, but not according to BiR.
• According to Art. 123 of the Labor Code of the Russian Federation, during the period of his wife’s maternity leave, a man can only be granted out of turn annual paid vacation.

New law dated June 29, 2015 No. 201-FZ introduced changes to the conditions for granting maternity leave for fixed-term employment contract. If previously the employer was obliged to extend the contract with the employee only for the period of pregnancy until the baby is born, then now a woman is provided with the law postpartum leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of maternity leave).

How many weeks does it take to register?

The period during which a woman can legally go on maternity leave is 30 weeks. To go on vacation, you need to obtain maternity leave from a doctor. The document will indicate the start and end dates of the maternity leave.

In some cases, they are installed other terms registration of maternity leave:

• 27 weeks - for expectant mothers living in a certain area contaminated due to the accident at the Chernobyl nuclear power plant, the Mayak plant and some others.
• 28 weeks - at multiple pregnancy.
• If a woman has premature birth between 22 and 30 weeks - from the day of birth.

An obstetrician-gynecologist does not have the right to open a sick leave later than the beginning of the 30th week of pregnancy. However, the woman herself has the right to go on maternity leave later - this must be indicated directly in the application for this leave.

In particular, it may be in the interests of a woman to postpone the start date of maternity leave - if it falls at the end of the year, it is sometimes more advisable to postpone it at the beginning of next year despite several lost days subject to paid sick leave. This is done to be used as a calculation current calendar year- as a rule, more profitable in terms of earnings.

How many days does it take by law?

According to Art. 7 of the Law on State Benefits No. 81-FZ of May 19, 1995, as well as other regulatory documents, the duration of maternity leave in 2018 may vary. The number of days of maternity leave depends on the woman’s place of residence and work, the characteristics of childbirth, and the number of children born.

• Holiday according to the BiR is divided into two conditional parts - prenatal and postnatal. The number of days for each of them is counted by a gynecologist from the expected date of birth.
• If the child is born earlier, the woman will still be provided with total number of days maternity leave.

Below is the duration of labor and labor leave before and after childbirth for different categories of women.

Maternity leave table

For pregnant women who live or work in contaminated areas, maternity leave extended by 20 days due to the prenatal period. In accordance with Law No. 1244-1 of May 15, 1991, during this period, their health improvement is provided outside the pollution zone before childbirth.

For woman, adopting a baby at the age of up to 3 months, the duration of maternity leave may be shorter:

• The leave begins to count from the day the court decision on adoption comes into force.
• The maternity leave lasts until 70 calendar days after the birth of the baby (or up to 110 days after the birthday of the adopted twins).

Registration of maternity leave

To go on maternity leave, a pregnant woman must provide her employer with sick leave from an obstetrician-gynecologist and write statement about your desire to take leave under the BiR. It is important for the employee herself to take maternity leave for two reasons:

• to receive financial assistance benefits;
• to follow her persisted workplace for the duration of maternity leave, as well as subsequent child care up to 3 years.

In exchange for the application and sick leave provided by the woman, the HR department issues her a notification receipt for the receipt of documents (written in free form, the second copy remains with the organization).

The start date of maternity leave may coincide with that indicated on the certificate of incapacity for work, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the maternity leave itself will not be postponed to a later date, but will be shortened, since it will end no later than the date indicated on the sick leave.

Maternity sick leave

A certificate of incapacity for work is issued on official letterhead, approved by order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n. It is a document of strict accountability and has a unique number. The first part of the form is completed in medical institution, second (for calculating maternity benefits) - employer women.

Basic requirements for filling out sick leave (applicable to both the doctor and the employer):

• The cells are filled with large printed Russian letters and numbers, which should not extend beyond the cell.
• Notes can be made on a printer or written by hand with a black gel, fountain or other pen (but not a ballpoint).
• Any blots, cross-outs and mistakes are prohibited. Even with one crossing out, you need to change the form and rewrite everything again.
• The name of the employing organization can be written in full or abbreviated form (if such a form is provided for in the constituent documents).
• If the inscription (name of the enterprise, surname of the doctor, etc.) does not fit on the line, it is simply interrupted in the last cell.

The employer must carefully check the correctness of filling out the sick leave, because the Social Insurance Fund may not accept an incorrectly filled out document. Correctly and finally filled out sick leave is transferred to the accounting department for calculating benefits according to the BiR.

• If an error is detected, the certificate of incapacity for work is returned to the woman, who must re-apply to the medical institution for a new document.
• An incorrect name of the insured organization is not considered an error, because the FSS can recognize it by its registration number.

Application for maternity leave

The application is the main basis for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Some information must be included in the document. These include:

• Details of the organization, full name of the head.
• Full name of the employee without abbreviations (you can also indicate your position).
• Details of the identity document.
• Information about the place of registration and residence.
• Please provide leave according to the BiR.
• Please pay maternity benefits and a one-time benefit when registering in the early stages of pregnancy (optional).
• Desired method of receiving benefits, card details.
• Number and date of sick leave according to BiR.
• The employee’s signature, surname and date of filling out the application.

Staying on maternity leave is the basis for granting a woman maternity benefits. In this case, most often one combined application is filled out - both for vacation and for sick leave payments for it.

Order for maternity leave

After the woman’s place of work has received an application and sick leave, the enterprise’s personnel department forms order on granting maternity leave. The form of the document is not clearly regulated by law; it can be taken as a basis unified form No. T-6 or develop your own.

The order must contain the following information:

• name of the insured organization;
• date and document number;
• Full name of the employee, personnel number, name of her position and structural unit;
• type of leave (maternity leave);
• grounds for granting a maternity leave;
• start and end dates of vacation, its duration;
• Full name of the head of the organization, his signature.

Employee reads the order mandatory, signed and dated. Ideally, she is provided with a copy of the document. After this, it is written on the order that it is sent to the employee’s personal file.

Based on the order, data on maternity leave is entered into the personal card (Form No. T-2) of the employee. The fact that a woman is on labor and employment leave is reflected in the working time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

Birth leave is paid in full, from the first to last day. The benefit is transferred at one time on the woman's account for the entire period.

The main criteria for calculating payment for maternity leave:

1. For each full month of maternity leave, a woman is entitled to an amount equal to 100% of the average monthly earnings in the organization for the last two calendar years (Article 11 of Law No. 255-FZ of December 29, 2006).
2. With very little or no earnings, as well as with work experience in the organization of up to 6 months. calculation and payment are made according to the current minimum wage (minimum wage). From 02/01/2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
3. The maximum payment amount is regulated using the bases for calculating insurance premiums. The employee’s income for a certain year is compared with their values.

If there are several employers for whom a woman has been working for more than two years, maternity leave is paid each of them. At the same time, child care benefits can only be issued to one of the policyholders.

Maternity leave is paid only if sick leave has been provided no later than six months after the end of maternity leave. Otherwise, a woman may need to prove her right to B&R benefits in court.

Maternity leave calculation

Calculation of maternity benefits for vacation accounting is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct payments") according to the established method. The following data is taken into account:

• A woman’s total earnings for the two calendar years preceding her start on maternity leave. For those whose maternity leave begins in 2018, the estimated years will be 2016 and 2017.
• Length of the billing period (in 2016-2017 - 731 days).
• The number of days that “fall out” from the calculation period due to sick leave, parental leave, etc.

Maternity leave is calculated in the following sequence:

• the exact number of days in the billing period is calculated (from 731, “outlier” periods of time are subtracted);
• the average daily earnings are found (the total income for two years is divided by the number of days calculated in the previous paragraph);
• is the size lump sum payment(average daily earnings are multiplied by the number of days of maternity leave, which is taken from sick leave).

The amount of the benefit must fit within certain limits. In 2018, for 140 days of vacation minimum maternity benefit is 43,615.65
rub. (based on RUB 9,489 for each full month), maximum- RUB 282,106.70

Online FSS calculator

An online calculator on the FSS website will help make calculations easier and pre-calculate the amount a woman can count on after going on maternity leave. It is based on the above method for calculating maternity leave. This is exactly how the amount of an accountant’s allowance is calculated at the enterprise and at the Social Insurance Fund.

You need to fill out the fields carefully:

• Type of disability (pregnancy and childbirth).
• Enter the dates of the period of incapacity indicated on the sick leave.
• If a woman has been on maternity leave for two past calculation years, she can replace the calculation years.
• In the “Calculation Conditions” enter the earnings amounts for 2016-2017. (or other billing period), the number of days excluded from the calculation, carefully check the boxes.
• You can pay attention to the column “Work experience” only if the length of service does not exceed six months in a given organization.

Payment for maternity leave

Payment of maternity leave is made from the Social Insurance Fund (SIF). In general, the process occurs in the following sequence:

• Woman writes a statement to the employer for maternity leave and benefits.
• The deadline for making a decision at the place of work on paying for vacation and calculating maternity benefits - in the general case 10 calendar days.
• A certain period of time is allotted for the transfer of money. The employer must transfer funds on the first day of salary payment along with wages for other employees.
• The employer (the policyholder) initially pays the money from your own funds, and only then the FSS reimburses him for the payment by reducing the insurance premiums payable and/or paying compensation.
• In some constituent entities of the Russian Federation, where the “Direct Payments” project operates, leave is paid to the woman directly from the territorial body of the Social Insurance Fund (although the application for maternity leave is still written to the employer, its calculation and payment is carried out by social insurance workers). At the same time, the Social Insurance Fund has the right to pay for maternity leave until the 26th of the month, following the filing of an application for maternity leave.

Along with maternity benefits, you can apply for a one-time benefit, which is issued upon early registration with a medical institution. Its size in 2018 is 628.47 rubles. To receive this amount, the employee must provide the employer with a certificate from antenatal clinic and write a corresponding statement.

Conclusion

Maternity leave (maternity leave) is required workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation goes on maternity leave at 30 weeks pregnancy. To do this, you need to register sick leave at the antenatal clinic and provide it to the employer (in educational institution, at the place of duty) and write a leave application.

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once during the entire vacation period under the BiR at the expense of a woman. Maternity benefits are paid to female employees for whom the employer pays insurance premiums.

In part 3, paragraph 48 Ch. 8 Order No. 514 of August 1, 2007 of the Ministry of Health and social development The Russian Federation “On the procedure for issuing certificates of incapacity for work by medical organizations” states: “...If a woman, when applying to a medical organization within the prescribed period, refuses to receive a certificate of incapacity for pregnancy and childbirth for the period of maternity leave, her refusal is recorded in the medical documentation. When a woman, before giving birth, repeatedly applies for a certificate of incapacity for work for maternity leave for maternity leave, the certificate of incapacity for work is issued for 140 calendar days (194 calendar days for multiple pregnancies) from the date of the initial application for the specified document, but not earlier than the date established by the first or second paragraphs of this paragraph.”

The right of a pregnant woman to receive maternity leave for 140 days no earlier than 30 weeks, but at any other later date before childbirth, is also enshrined in Part 2 of Art. 255 of the Labor Code “.. Maternity leave is calculated in total and is provided to a woman completely regardless of the number of days actually used by her before giving birth,” as well as in Order of the Ministry of Health of the Russian Federation dated February 10, 2003 No. 50 “On improving obstetric and gynecological care in outpatient settings” -polyclinic institutions": "...In case of non-use for any reason of the right to timely receipt of maternity leave or upon the onset of premature birth, a certificate of incapacity for work is issued for the entire period of maternity leave.”

Receive sick leave as expected at 30 weeks and work as much as you want. You will be paid a salary for the days you worked, and the rest (from the date when you actually go on maternity leave) will be paid according to sick leave, only the end of the sick leave will not be transferred to the days that you worked, but will remain the same. For example, sick leave from January 1 to March 10. You work until February 1 and receive a salary, and from February 1 you go on maternity leave and receive benefits under the BIR until March 10.

The legislation does not prohibit a woman from going on maternity leave later than the date indicated on the certificate of incapacity for work, since maternity leave is granted not only on the basis of sick leave, but also on the basis of a woman’s application requesting maternity leave (Article 255 of the Labor Code of the Russian Federation ). The provision of maternity leave is regulated by Art. 255 of the Labor Code of the Russian Federation. To be granted maternity leave, the employee must: - write a statement to the employer, which must clearly indicate the start date of maternity leave; - submit to the organization a properly executed certificate of incapacity for work. Therefore, in order for maternity leave to be granted, it is necessary not only to have a certificate of incapacity for work, but also to have an application from the employee about it. If an employee has been issued a certificate of incapacity for work due to pregnancy and childbirth, but she continues to work, then such sick leave is subject to payment from the moment the employee actually goes on maternity leave until its end indicated in the certificate of incapacity for work. Please note that extending maternity leave by the number of days during which the employee continued to work after 30 weeks of pregnancy is prohibited, as this is contrary to the provisions of Art. 255 of the Labor Code of the Russian Federation (Decision of the Supreme Court of the Russian Federation dated November 14, 2012 N AKPI12-1204). Thus, your sick leave will be paid from the moment you actually went on sick leave until the date indicated on the sick leave (the leave will not increase for those days that you work on your own initiative) For the period when you work beyond your limit, the employer will owe you to pay wages(rather than paying sick leave). The Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated October 28, 2008 in case No. A31-357/2008-7 noted that the provision of maternity leave and the payment of the corresponding benefit are of a declarative nature. Maternity leave is granted to a woman upon her application for leave and the provision of a certificate of incapacity for work, issued in the prescribed manner; the appointment and payment of maternity benefits to the insured woman is also made after the woman entitled to such benefits applies to the employer. Thus, the end date of your sick leave will remain the same, even if you go on maternity leave later, the days that you work (while actually on sick leave) will be paid as regular working days, and not as sick leave.

In Russia, a woman in labor has the right to take maternity leave after the thirtieth week of gestation. Such time off is called maternity leave or simply maternity leave. However, it should not be confused with maternity leave; maternity leave is a broader concept that also includes a period of time off to care for a child, which can be taken by a woman after the birth of a child and last until the child is one and a half years old.

This is not all the components of the maternity leave; after taking time off to care for the child, the mother or other guardian has the right not to go to work for another year and a half, retaining her place. In some cases, this period can be extended to three years. Thus, a woman in labor is allowed to go on maternity leave two and a half months before delivery, that is, from the 30th week of pregnancy, and return to work three or four and a half months after the birth of the baby, but she will receive child support benefits only a year and a half after delivery. True, one compensation payment is accrued until the child turns three years old, but its amount is only 50 rubles per month.

Period of pregnancy from which you can go on maternity leave

The standard date for going on leave is the day seventy days before the expected date of birth, that is, from the 30th week of pregnancy. From this day on, the woman in labor is allowed to take time off. However, in case of medical indications, you can take time off earlier. To do this, it is not necessary to get sick; increased fatigue at work and the inability to work effectively are sufficient grounds for taking early leave before the 30th week.

You can also take time off after the thirtieth week of pregnancy. To do this, you only need a statement from the woman in labor requesting this and indicating the date when the woman in labor intends to take leave. However, remember that time off is granted after the 30th week of pregnancy and, accordingly, is seventy days before the expected date of birth and up to seventy days after the actual date of birth. If you go on maternity leave late, then no one will later compensate the mother in labor for the missing period of time off; she will not be able to extend her leave after the birth of the child for the duration of the period that she did not use.

It is interesting that when pregnant with more than one fetus, the duration of time off before giving birth is 84 days, and it does not depend in any way on how many fetuses the woman in labor has. Whether she is pregnant with triplets or six, the leave period will still be 84 days from the 30th week of pregnancy, unless, of course, there are medical indications for earlier hospitalization. Residents of territories affected by radiation contamination can count on 90 days of leave from the 30th week of pregnancy:

• upon resolution of a burden with complications, the duration of leave is 86 days;
• for the birth of twins or more children, the leave is 110 days;
• in the case of premature birth, the total duration of leave for the period both before and after the birth of the baby should be 156 days.

The amount of benefits accrued during maternity leave in 2015

During this leave, employed women are entitled to receive benefits. Non-working women cannot receive these payments unless they are:

1. Full-time students.
2. Fired during maternity leave.

It is worth noting that the employer has no right to fire a woman before the end of her maternity leave for any reason, even if the woman in labor violates labor discipline and moral standards. The law firmly protects her right to keep her job. Dismissal can only occur if she herself wants to leave or as a result of the complete liquidation of the organization in which she worked. In case of voluntary dismissal, the woman does not retain the right to payments, but in case of liquidation of the organization, the state will assume her obligations. Female students also receive benefits without being employed.

Other categories of women must have an employer who pays social insurance contributions in order to receive payments during maternity leave. Unemployed people do not receive payments during maternity leave and later, since this benefit is designed to compensate for the woman’s lost income; if there was no income, then there is nothing to compensate. Thus, this benefit is actually a social insurance, which is financed by the withheld part of employees' salaries.

The benefit is calculated in the amount of the woman’s average income for the two previous years before going on maternity leave. The total amount of earnings for this period is divided by the number of days in these years, taken as 730. After this, the daily earnings received are multiplied by the number of days spent on leave. The amount received is paid to the woman only after permission from the burden, since in order to receive this benefit, it is necessary to present a birth certificate of the child.

The same principles make it possible to calculate the amount of benefits due to female students and those dismissed upon liquidation of the organization. But they will receive payments not at their place of residence, but at the department of the social protection service. Although the benefit amount begins to accrue from the 30th week of pregnancy, it is paid in a lump sum after the pregnancy is resolved. As you can see, it’s easy to calculate how much it will cost a woman to take maternity leave with the help of a simple calculator. This payment can be withdrawn ten days after receiving the birth certificate.

Documents required to receive payment

Once the burden is resolved, you can submit documents to receive payment. You must submit:

• certificate of income from previous place of work;
• child's birth certificate;
• sick leave;
• certificate of registration;
• statement.

The response period is ten days; if the application is granted, the funds must be transferred to the mother’s account in a lump sum, no later than the end of the month.

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Hello, Lilia!

In accordance with the order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n (as amended on July 2, 2014) “On approval of the Procedure for issuing certificates of incapacity for work”
46. ​​A certificate of incapacity for work for pregnancy and childbirth is issued by an obstetrician-gynecologist, in his absence - by a general practitioner (family doctor), and in the absence of a doctor - by a paramedic. A certificate of incapacity for work for pregnancy and childbirth is issued at 30 WEEKS of pregnancy at a time for a duration of 140 calendar days (70 calendar days before childbirth and 70 calendar days after childbirth).
In case of multiple pregnancy, a certificate of incapacity for work for pregnancy and childbirth is issued at 28 WEEKS of pregnancy at a time for a duration of 194 calendar days (84 calendar days before childbirth and 110 calendar days after childbirth).
If a woman, when contacting a medical organization, REFUSES to receive a certificate of incapacity for pregnancy and childbirth for the period of maternity leave within the established period, her refusal is recorded in the medical documentation. WHEN A woman before childbirth reapplies for a certificate of incapacity for work for pregnancy and childbirth to register for maternity leave, the certificate of incapacity for work IS ISSUED FOR 140 calendar days (for 194 calendar days - in case of multiple pregnancy) FROM THE DATE established by the first or second paragraphs of this paragraph.

That is, a sick leave certificate will be issued to you at the 28th or 30th week of pregnancy, if you decide to refuse at this period and apply for sick leave later, you will be issued a sick leave certificate, all the same, from the date of 30 weeks. When providing the employer with such a sheet, the calculation will begin from the date of its submission, and not from the date of the specified period.

In accordance with Federal Law No. 81-FZ dated May 19, 1995 “On state benefits for citizens with children” - if a woman does not take advantage of the right to the specified maternity leave and continues to work (and, accordingly, receive wages), then the benefit to her not allowed.

That is, the sick leave certificate is STRICTLY LINKED TO THE DATE OF THE DATE OF PREGNANCY, and it is from the date of issue that the calculation of maternity benefits and the monthly maternity benefit will take place. If the insured event (issue of sick leave from 28-30 weeks of pregnancy) - 2016 insured event.

The calculation period for maternity benefits will be made for 2014 and 2015 - the entire two years worked are taken, before the year of the insured event.
An approximate calculation of benefits is as follows: Sum up the payments for these periods (with the exception of sick leave, days if you were released from work without accrual of wages - if any), then divide this amount by 730 (the total number of calendar days). multiply the result by 140.
The amount received is your payment under the BiR. This benefit is paid in a lump sum in total for the entire vacation period.

All the best!

If you have any additional questions, please contact us.

Sincerely! legal advisor Tatyana Kurdyukova.

Good health and financial interest often motivate a pregnant employee to continue working. Can a woman go on maternity leave later? due date and how will this affect the benefit amount?

Today official name There is no “maternity leave”. Labor Code the term “maternity leave” was introduced, and all women’s rights are specified in Law No. 255-FZ.

Every officially employed employee can go on vacation:

• at 30 weeks of pregnancy (when carrying 1 child);
• at 28 weeks (if a multiple pregnancy is diagnosed);
• at 27 weeks (for women living in contaminated regions).

It is important to take into account that the calculation of the timing of leaving the workplace is based on obstetric calculations. The exact day of the start of the maternity leave is determined by the gynecologist. It is calculated depending on the duration of pregnancy and is carried out from the day when the woman was registered in the gynecology department.

Duration of maternity leave

If a woman intends to go on maternity leave too late, the benefit amount will be reduced.

For example, if a woman went on vacation later than expected and worked before giving birth 20 additional days, they are not included in the calculation of benefits. Average daily earnings (600 rubles) are multiplied by 120 days. The resulting amount is 72,000 rubles. Thus, the benefit is significantly reduced in size.

It is the woman who decides whether to work or not after maternity leave. From a financial point of view, if her salary exceeds the monthly maternity benefit, it makes sense for her to remain in her position. And you, as an employer, must remember that the calculation of benefits will not include the days that the employee worked.