Family law > Maternity leave > How long do you need to work in one place to receive maternity benefits?
“How long do you need to work to get maternity benefits?” is a pressing question for all expectant mothers.
According to Art. 255 of the Labor Code of the Russian Federation, all women have the right to social benefits, regardless of whether they work or not.
However, when calculating the amount of social guarantees, a number of factors are taken into account, including the length of work experience.
Let us consider each case separately in detail.
Maternity leave
There is no concept of “Maternity leave” in legal terminology . This is what we say when a woman plans to take maternity leave or parental leave before the child reaches the age of 1.5 years (3 years).
The right to go on maternity leave is granted only to working women.
The entire period of incapacity for work is 140 calendar days (in case of pregnancy with more than one fetus - 194 days, in case of complicated childbirth - 156 days), payment of social insurance benefits is provided.
An employee working part-time is provided with the same rights and guarantees as an employee working in one place.
It should be clarified that a one-time maternity benefit is paid to employees working in several organizations, at all places of work where an employment contract was concluded.
As for monthly payments, they are made only at the main place of work.
Every woman is entitled to maternity benefits in 2021. Among them:
- officially employed;
- received the legal status of unemployed;
- female students;
- military personnel.
Unemployed women who have not confirmed their social status with the employment service are not entitled to maternity benefits.
Leave granted to care for a child can be used by employed citizens (father, grandmother, grandfather or other relative).
Legislative regulation
The procedure for monetary support for maternity is regulated by the norms of the Labor, Tax and Civil Codes , as well as Federal Laws of the Russian Federation (No. 255-FZ, No. 256-FZ and No. 81-FZ).
Lately there has been a lot of talk about the new “law of husbands” on maternity leave. This definition is somewhat imprecise. Men in this category are not given time off for natural reasons. A maternity leave is a period of release from work specifically for childbirth and preparation for it.
But the husband has the right to be freed from work to care for his offspring until he is one and a half years old. This applies not only to dad, but also to grandparents or other caregivers. They have the right to apply to the general director with sick leave “for children” and it will be paid.
Management’s refusal of this request is legal in one case - when the designated leave is meaningless.
Such sick leave will be denied if the employee is already in:
- annual paid rest period;
- maternity leave;
- took time off without pay.
In order to go on such a vacation, the father needs to stock up on documentation confirming the mother’s condition, that she cannot currently bear the burden of care alone or needs to be isolated from a sick member of the household.
Although at the moment there is not a single article of law that would establish this requirement as mandatory, the boss is also not obliged to delve into the situation of the person asking.
In addition, the following documents are required:
- offspring's birth certificate;
- certificate from mother’s place of service;
- a copy of the parent’s work record;
- certificate from the maternity hospital or clinic;
- marriage document.
From this list, only the birth certificate is classified as mandatory. However, it is best to have all copies on hand, as directors will usually request them when making a decision.
Upon the birth of a child, any father is entitled to additional leave. Read more about this here.
Work experience during maternity leave
A woman’s insurance experience does not affect the fact of receiving benefits, it affects its size.
Since when calculating maternity benefits, the two previous calendar years are taken into account, we can say that this insurance period is quite sufficient. The size of wages also plays a significant role.
If a pregnant woman’s work experience is 2 years, before the year of pregnancy, the amount of her one-time benefit will correspond to 100% of the average salary . The monthly benefit amount will be 40% of the average salary.
There are cases when a woman has worked only partially for 2 pay years, then the question arises: “How are maternity pay calculated if she has worked for less than 2 years?”
If the total work experience is less than 2 years (less than a year), the calculation is also based on the average salary.
If the work experience is less than 6 months, the amount of the benefit will be calculated based on the minimum wage (in 2021 - 11,280 rubles).
Unemployed women who have confirmed their status with the employment service can count on payments based on the amount of unemployment benefits.
How to go on maternity leave correctly
Many women wonder how long they need to work in order to go on maternity leave as profitably as possible from a financial point of view. They work longer than expected in order to ultimately earn more money, because payments are calculated based on length of service and average daily income for the last 2 years. They are calculated in the amount of 40% of the average salary of the employee. Neither the position held nor the type of activity has absolutely no impact on the amount of the benefit.
For expectant mothers whose work experience does not exceed 6 months, the law provides for a minimum amount of benefits. The minimum wage is taken as a basis.
The Labor Code of the Russian Federation determines the minimum length of service for a female employee to receive maternity leave (Article 255, Article 256, Federal Law No. 255). It sets out the basic provisions on the rights of expectant mothers; the employer must strictly follow them.
Some types of payments are subject to mandatory accrual regardless of current length of service. These include a one-time benefit for the birth of a child and for caring for him. The latter type of payment can be issued to both the mother and those close to her who care for the newborn. However, the grandfather or grandmother will receive it only if they have a working status (if they are not pensioners).
Until the child reaches 3 years of age, a woman has the right to retain her job and previously held position. The total length of service includes the period of parental leave. When returning to work part-time, compensation is paid in the same manner.
You can find out what an employee going on maternity leave has the right to from the following video.
Maternity leave for unofficial employment
According to the labor code, in case of unofficial employment, maternity leave is not paid.
This situation can be corrected in several ways:
- independently make contributions to the social insurance fund;
- confirm your unemployed status.
Independent deduction of insurance contributions to the Pension Fund involves the payment of a standard or desired amount. Even a one-time deduction gives a woman the right to receive maternity benefits. To apply for benefits, you must contact the FSS.
Having received official unemployed status, a woman will receive monthly unemployment benefits until she goes on maternity leave. In this case, a minimum amount of maternity payments is provided, based on the minimum wage in a particular region.
How long do you need to work to go on maternity leave?
The most important moment in a woman's life is the birth of a child. And therefore, as soon as she finds out about pregnancy, she needs to take care of herself and carefully monitor her health. It is more difficult for employed people to do this, since due to the crazy pace of work, they are not always able to properly take care of themselves and their unborn baby. Pregnant women should learn in advance about all the intricacies of taking maternity leave at their workplace. After all, if you know all your rights, then fewer questions and misunderstandings will arise in the future. So what is maternity leave?
In terminology there is no such thing as maternity leave; the name for this is maternity leave. The legislative code states that this time off is provided to expectant mothers and provides for the payment of social benefits. insurance (TC RF No. 197 FZ). Maternity leave is a certain period that is given to expectant mothers for childbirth and for the time required to care for their newborn child.
Important! The privilege called maternity leave can only be granted to women, while men can only take time off to care for a child, do not be confused, these are different things.
Leave to care for a child is granted for a period of up to 17 months, while maternity leave is granted for 36 months. But, due to various life situations, it may not be extended for some time. Many working women wonder: how long do you need to work to go on maternity leave? This issue has its own subtleties and nuances, but they are quite easy to understand.
Calculation examples
With 2 years of experience or more
A woman’s monthly salary is 25,000 rubles.
Before becoming pregnant, she worked for a full 2 years. There are no deductible periods, singleton pregnancy, and childbirth was without complications.
Calculation of one-time benefit:
- salary – 25,000 rubles;
- settlement period – 24 years (24 months);
- number of days in the billing period – 730 (in a leap year – 731);
- vacation period – 140 days.
(25,000 * 24)/730*140 = 115,068.49 rubles.
Calculation of monthly benefits. P = SZ × 30.4 × 0.4, where:
- P – amount of monthly benefit;
- C3 – average daily wage based on the two previous years;
- 30.4 – (365 days/12 months).
(25000*24)/730*30.4*0.4 = 9,994.52 rubles.
If you worked for 1 year
If the work experience is 1 year (1.5 years), the calculation is based on the average salary.
(25000*24)/730*140 = 115,068.49 rubles – one-time benefit.
(25000*24)/730*30.4*0.4 = 9,994.52 rubles. – monthly allowance.
If the experience is less than 6 months
If a woman’s work experience is less than 6 months, the calculation will be based on the minimum wage – 7,800 rubles.
(7800*24)/730*140 = 35 901,36
Monthly allowance:
(7800*24)/730*30,04*0,4 = 3081,36
For the unemployed
If you have official unemployed status, maternity benefits will be calculated taking into account the minimum amount of unemployment benefits (850 rubles):
(850*24)/730*140 = 3912.33 rubles.
The monthly benefit will be:
(850*24)/730*30.04*0.4 = 335.78 rubles.
How long do you need to work to get maternity leave?
Many women, especially young expectant mothers, do not know what payments they are entitled to under the law. But quite a few working people also ask themselves the question: how much work do they need to do to get maternity leave? When we are talking about a working period not exceeding six months, the amount of payments will be the minimum monthly salary. And if a woman has worked for more than 6 months, then the amount is calculated based on daily earnings and for the last 24 months worked by the woman in labor. If care for the adoption of an infant is meant, then the period given to care for the child is seventy days. Days begin to count from the birth of the baby, and vacation pay is accrued from the moment of the court decision. All monetary compensation that a woman receives during pregnancy and after is paid by the state. The following payments are distinguished:
- when registering the fact of pregnancy in the early period;
- payment upon birth of a child;
- time off according to BiR;
- monthly accruals for 17 months.
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It is worth noting that employed women have more benefits in terms of payments than unemployed women. Pregnant workers have the right to receive paid time off according to the BiR, which opens from the moment they present a sick leave certificate from a gynecologist. This privilege is not available to unemployed expectant mothers, but they are still entitled to some payments. The benefit, which is paid upon registration for up to 12 weeks, is due only to women dismissed during liquidation and full-time students; other unemployed people do not receive such a payment. But absolutely all women giving birth have the right to receive payment at the birth of a child.
Benefit for the wife of a military man
Note! There are situations when a mother wants to go to work before the end of the maternity period. In this case, she will work under a civil contract. She will receive a full salary, but there will be no benefits. And all because the employer can pay for one thing, either benefits or wages.
Also a burning question is: is length of service accrued during time off according to BiR? According to Article 11 of the Federal Law of the Russian Federation No. 173, maternity leave is counted towards length of service. This may include up to four and a half years of child care.
Another situation that occurs is from maternity leave to maternity leave again. Yes, it may also happen that the mother does not have time to serve one sentence, when suddenly another comes. Here you will have to decide whether to open a new sick leave or continue paying benefits up to 1.5 l. The boss will not be able to pay both benefits or both days off, so you need to choose one.
In some cases, it happens that a pregnant woman decides to quit of her own free will. She can do this at any time, and according to the law, the expectant mother will not work out the two-week period. Can a boss fire a pregnant subordinate? Maybe, but only if it is planned to close the individual entrepreneur or terminate the work of the legal entity. There are cases when an employer forces you to write a letter of resignation of your own free will. There is no need to sign such a paper, even if the boss promises mountains of gold. If he nevertheless forces you to write an application, then in this case you can go to court, since he has no right to do so.
Forced resignation
In conclusion, it is worth noting that no matter how good the employer is, it is not profitable to pay maternity benefits to a woman in labor who will not work for 36 months. And therefore, some bosses either do not hire girls who are too young, or are looking for ways that will help them solve the situation with a pregnant woman. Sometimes, out of their stupidity, young girls listen to everything that their employer tells them and obey all his orders, afraid of doing something wrong. If the expectant mother, due to inexperience, doubts her rights, then it is worth seeking advice from a lawyer. He will explain all the information in detail and tell you what to do in any given difficult situation. It’s not worth it to tug at your nervous system once again and get into trouble with your superiors. The rights of pregnant women are clearly stated and supported by the legislative framework of the Russian Federation.
*Rates are current as of August 2021.
Benefit limit in 2021
If your income is too high, the amount of maternity benefit is limited to certain limits.
The maximum base for calculating insurance premiums in 2017–2019 is 755,000 rubles, in 2021 – 718,000, in 2015 – 711,000.
Thus, if a woman went on maternity leave in 2021, having worked 2021 and 2015, and her total income for these 2 years amounted to an amount higher than indicated, the amount of maternity leave will be calculated as follows:
(711000+718000)/730*140 = 274,054.79 rubles.
The amount from the calculation is paid in a lump sum and is relevant only if the woman was not on maternity leave or sick leave in 2015 and 2021.
In the event of an extended maternity leave, the amount of the benefit will be calculated based on the period indicated on the sick leave certificate - 156 or 194 days.
How long do you need to work to go on maternity leave?
From the very conclusion of an employment contract with an employer in Moscow or any other city in Russia, a woman already has the right to maternity benefits. The boss is obliged to pay maternity benefits for her to the Social Insurance Fund (insurance premium for purchasing benefits). But the amount of payments is calculated based on the length of service of the expectant mother. In general, the higher the employee’s salary, the greater the benefit she is entitled to. A woman has every right to take the required leave after 30 weeks after the start of pregnancy. To do this, you need to visit a doctor who accompanies the expectant mother throughout the entire pregnancy cycle and take maternity leave from him.
Important! To obtain sick leave from a doctor, you must present your passport and SNILS insurance
This paper must clearly indicate the start and end dates of maternity leave. But there are some situations in which a different accrual period is provided:
FSS maternity payments
There are times when an expectant mother does not want to leave work when she is seven months pregnant. In this case, she must indicate this information in the application for maternity leave.
Minimum benefit amount in 2021
The minimum amount of maternity leave is paid to a certain category of women:
- working less than 6 months;
- officially unemployed.
In the first case, the benefit is calculated based on the minimum wage; in the second case, the calculation base will be unemployment benefits.
The law regulates the minimum amounts of maternity payments:
- for the first child – 3065.69 rubles;
- for the second child – 6131.37 rubles.
Neither the Social Insurance Fund nor the employer has the right to pay benefits of the following amounts.
If several children are born at the same time, payments increase. For example, at the birth of twins, the minimum amount of maternity leave will be calculated as follows:
3065,69+6131,37 = 9 191,06
Who makes the payments?
If a woman goes on maternity leave, the employer is responsible for timely payment of benefits.
The period for transferring funds is regulated by law and is 10 days from the date of application by the copyright holder.
If a woman applies for maternity benefits after 6 months, the benefits will be paid by the social insurance fund. The reasons for missing the deadline for applying for benefits must be valid.
In the absence of insurance experience, the payment of unemployment benefits and maternity benefits is carried out by the employment center.
How to go on maternity leave from a maternity position
After a permanent employee leaves on maternity leave, management needs to quickly replace her. To do this, a fixed-term employment contract is signed with the new employee. It clearly states the date of planned dismissal in the future, since this type of employment relationship is temporary. However, it is possible that this employee may also become pregnant and go on maternity leave. Let's consider the situation of going on maternity leave from a maternity position. What does a pregnant woman have the right to in a situation of temporary replacement?
Additionally, the employer can also formalize the dismissal by transferring the maternity leaver to another organization. However, this will only be possible at the request of the employee herself, if she, while on maternity leave, has found a new place of work, and the future employer has confirmed in writing that she is ready to employ her.
- She has the right to go on legal maternity leave for the following period: normal pregnancy - 140 days, complicated - 156 days, with several children - 194.
- Payment of benefits. Since an employee goes on maternity leave from her place of maternity leave with official employment, she enjoys all the benefits and social guarantees provided for by the Labor Code. Management must sign the appropriate leave order, calculate the amount of payments and issue the required amount within 10 days from the date of receipt of the necessary documents (sick leave with prescribed deadlines). When providing a certificate of income from your last job, the amount of compensation is calculated according to the standard form, taking into account all the points. In case of its absence, the calculation is made in accordance with the minimum wage of the given region.
- Dismissal. It is possible to dismiss an employee who has gone on maternity leave from maternity leave only after the expiration of the employment contract. However, if the date falls on maternity leave that has not yet ended or she has not yet given birth, then the agreement is extended until the time of birth. Read more about whether an employer can fire a pregnant woman in the article https://otdelkadrov.online/5267-osobennosti-priema-uvolneniya-po-srochnomu-trudovomu-dogovoru-pri-beremennosti. If a permanent employee has not started her duties, then maternity leave can smoothly transition into maternity leave.
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