Duration of vacation in Russia in 2021 before childbirth
Prenatal leave is included in the total duration of maternity leave. Its onset depends on the gynecologist issuing a sick leave note indicating the estimated date of birth. In order to go on maternity leave in a timely manner, you must obtain sick leave in advance from the antenatal clinic and submit an application to the employer, taking into account the time required to issue a leave order.
First pregnancy: how many days
Pregnancy that occurs while working both in a new place and in the old one makes it possible to receive social benefits in full.
Thus, going on maternity leave will be accompanied by the accrual of the required benefits and, at the request of the employee, the preliminary use of annual paid leave. In addition, early registration with the doctor leading the pregnancy allows you to receive an additional one-time payment.
- Maternity leave during a normal pregnancy can be done from the 30th week of pregnancy (70 days before the expected delivery).
- Women carrying more than one baby can count on an extended period of rest: they are given leave from the 28th week of pregnancy (84 days before giving birth).
- Women who have the right to resettle or live in places of high radiation enjoy the longest leave before giving birth - from the 27th week of the term (90 days).
Second pregnancy during maternity leave: continuation of vacation
The onset of a second pregnancy during the period of unfinished maternity leave for the first child confronts the mother with a choice. It is legally impossible to be on two different leaves at the same time, so you must choose either to take out a new maternity leave or to remain on your current maternity leave.
The optimal solution would be to re-register the period of care for the first baby to another relative - then the family has the opportunity to receive both a care allowance and a maternity benefit.
○ Until how long is maternity leave paid:
✔ Up to 1.5 years.
So, parental leave for up to 1.5 years should be taken out at the place of work of the person applying for such leave.
By the way, the right to go on maternity leave can be exercised not only by the baby’s mother, but also by the father and even the grandmother.
As a rule, maternity leave for up to one and a half years, if the mother will take care of the baby, is issued immediately after presenting the employer with sick leave for pregnancy and childbirth. To be granted leave, you will need to write a corresponding application addressed to the employer, and only then provide HR officers with a copy of the baby’s birth certificate.
During the first year and a half of a child’s life, parents or guardians on maternity leave can claim a payment in the amount of 40% of the average monthly earnings .
The average monthly salary is calculated for 2 years, or those preceding maternity leave, or for another working period of similar duration. I will not go deeper into the calculation procedure - I will only say that the minimum amount of such payment in the current 2015 is 2718.35 rubles per month for the first child, and 5436.67 rubles per month for the second and subsequent children.
If a person on maternity leave was not employed on the date of going on parental leave, such a benefit can also be obtained from the social security authorities. To do this, you will need to present a copy of your work record book, information about income and other documents, the list of which can be clarified at the social security department at your place of residence.
One important point must be taken into account - payment of benefits for child care under 1.5 years of age begins not from the birth of the baby, but from the date of expiration of the maternity sick leave issued to the mother.
[ ]
✔ Up to 3 years.
At the request of a person on maternity leave, parental leave can be extended up to 3 years . The basis for granting such leave will be the personal statement of the maternity leaver, written to the employer or to the social security authorities, if there is no main place of work.
After the child reaches the age of one and a half years, the payment of benefits in the amount of 40% of the average monthly salary ceases.
The amount of payment during maternity leave from 1.5 to 3 years will be a little more than 57 rubles per month - this is exactly the amount established by federal law.
As a general rule, when a child reaches 3 years of age, a person on maternity leave must begin his work duties. It is assumed that a child at this age should already have a place in a municipal or state preschool institution - in a kindergarten.
[ ]
✔ Up to 4.5 years.
In 2014, changes were made to the legislation regarding the duration of maternity leave. Thus, the period of maternity leave, which can be included in the insurance period, is now 4.5 years.
However, this does not mean that a woman, on a general basis, can go on maternity leave with one child until he reaches the age of 4.5 years. Four and a half years is a period that can be included in the insurance period if 3 children are born. During the specified time, a person on maternity leave can claim to retain his job and child care benefits.
[ ]
✔ Up to 6 years.
There is currently no possibility in Russia to extend maternity leave, according to the Labor Code of the Russian Federation, to 6 or 14 years. This opportunity is provided by Ukrainian legislation if the child requires care for health reasons.
In the Russian Federation, it is possible to extend maternity leave only by reaching an agreement with the employer, usually by taking leave without pay.
[ ]
✔ Up to 14.
At the same time, parents of children under 14 years of age are entitled to certain benefits. Thus, those who have two or more children under 14 years of age, as well as single parents of minors in the specified age group, may qualify for an additional 14 days of leave annually, but without pay.
The provision of parental leave, as I noted above, is regulated by the provisions of labor legislation and social security law. There are many problems in this area today - from the meager allowance for child care from 1.5 to 3 years old to the untimely provision of vouchers to kindergartens. There is plenty of legislative initiative on such issues; however, it is unknown when amendments to existing regulations will be adopted.
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Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal
How long can you legally be on maternity leave after childbirth?
The postpartum maternity period is divided into the remainder of the labor and labor leave and full care leave, which lasts until the child’s 3rd birthday.
How much?
Standard values for the duration of the baby care period:
- up to one and a half years - with the appointment of a state benefit
- up to three years - with compensation from the employer
How many months can you increase the duration of paid and unpaid maternity leave?
Extension of sick leave for pregnancy is carried out in cases of complications during the birth process for a period of up to 16 days, which are paid at the leave rate under the BiR.
Extension of maternity leave after 3 years is possible only in accordance with Article 128 of the Labor Code of the Russian Federation, namely the provision of unpaid leave, the duration of which is determined in agreement with the employer. At the same time, the insurance period for calculating a pension will include no more than 4.5 years of child care period.
Duration of maternity leave according to law. Maternity leave up to 1.5; 3; 4.5; 6; 14 years old.
VIDEO ON THE TOPIC: Maternity leave: can dad or grandma take parental leave?
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They called me from work and told me that I had to go to work in April, otherwise I would be laid off. As far as I know, by law I can sit for up to 3 years, my vacation ends in November.
The staff started talking about changes in laws, etc. And my friend has already been on vacation for 4 years. I'm kind of confused. Thanks for answers! Only registered users can reply to topics on Sovetchitsa. Register, and if you are already registered, log in.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
The opinions expressed in this topic represent the views of the authors and do not necessarily reflect the views of the administration. Chief of Anonymous. Inna Novak. Up to 6, but only 3 is included in the length of service if nothing has changed. Before 6, after six they will quit or go to work.
Mochalkin blues. Up to 3 years with your job retained. Alice in the Land Adviser. It seems that after 3 and up to 6 - according to indications, care is required, often sick.
This can be done up to 6 years of age. Up to 3 years with payment of benefits, then you can extend it every 6 months up to 6 years at your own expense without paying benefits. Both options - with the preservation of the job, during this period of time they do not have the right to be laid off.
Because of this, I myself extended my maternity leave for half a year in November, and in May I plan to extend it for another half a year on state leave. Even my boss told me to sit as long as possible while there is such a mess in the country and at work, so it will be easier to stay at work in case of layoffs.
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Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
Ask your question and choose the best answer. Use of this website constitutes acceptance of its Terms of Use. Kidstaff Advisor. Search the knowledge base Ask and get answers from users Find. Need an answer?
How much maternity leave is due?
The cash payment under the B&R is a lump sum. To obtain it, you need to indicate such a need in a corresponding application addressed to the director of the organization. The benefit amount is 100% of the average daily earnings multiplied by the number of days of vacation according to the BiR.
When is it paid?
Vacation pay is calculated within 10 days after submitting the application. Calculation occurs on the next day of payment of wages. If the birth process was difficult and allowed to increase the number of days of rest after pregnancy, then additional days of sick leave are paid upon the provision of an extended certificate of incapacity for work.
What does the payment depend on?
The amount of the benefit depends on the average income for the two years preceding maternity leave. The calculation of average daily earnings is based on calculating the total salary of previous years and dividing it by the number of calendar days in these two years.
When calculating cash payments during pregnancy, length of service does not matter, since even if it is completely absent, accruals can be made from the minimum wage.
Calculation example: On May 10, 2021, Ivanova goes on maternity leave for 140 days. The billing period is 2021 and 2021. In 2021 she was sick for 11 days, in 2021 for 20 days. Petrova's payments for 2021 are 510,060 rubles, for 2021 - 421,000 rubles.
The number of days in the billing period is 700 (366 days + 365 days - 11 days - 20 days). Average daily earnings (SDW) - 1,330 rubles. ((RUB 510,060 + RUB 421,000) / 700 days). This is less than the maximum SDZ (RUB 2,017.81) and more than the minimum SDZ (RUB 367). Benefit for 140 days of vacation - 186,200 rubles. (RUB 1,330/day x 140 days).
The minimum SDZ from 01/01/2018 to 04/30/2018 is 311.97 rubles, from 05/01/2018 – 367 rubles. The maximum SDZ from 01/01/2018 is RUB 2,017.81.
Payment of sick leave according to the minimum wage
If the amount of income for the previous 2 years is low (average daily earnings in monthly terms is less than the minimum wage), or there is no income, sick leave is paid at the minimum wage in the country ( clause 1.1 of Article 14 of the Federal Law-255 of December 29, 2006
).
In 2021, the minimum wage is
is:
- from 01.01.17 to 30.06.17 - 7500 rub.;
- from 01.07.17 - 7800 rub.
For regions where regional coefficients have been introduced, the minimum wage increases by the size of the coefficient. If a woman works part-time or a week, the minimum wage must be recalculated in proportion to the actual working time.
To determine the average daily minimum wage, you need to multiply its value by 24 months, and then divide by 730 days ( clause 15 of Resolution No. 375 of June 15, 2007
). Then the benefit amount is calculated as usual.
Example
An employee of Kashtan LLC, Veselova S.V., goes on maternity leave in July 2017 for 140 days. That same month, she submitted documents to pay for maternity sick leave. This is her first job, where she has been working since May 4, 2021. Let's calculate the allowance for accounting.
There was no income for previous years, sick leave is paid by the minimum wage.
Average daily earnings: 7800 × 24: 730 = 256.44 rubles.
Maternity: 256.44 × 140 = 35,901.37 rub.
RUB 35,901.37 The accounting department of Kashtan LLC must pay Veselova S.V. on time.
For all maternity leavers who worked full time, the benefit amount is 35,901.37 rubles. from July 1, 2021 is minimal. For women who have worked for less than six months, this is the maximum limit of 140 days of maternity leave (increased by the regional coefficient).
Do I need to work off my vacation if I don’t go back to work after maternity leave?
Dismissal while on parental leave is legal only on the grounds of “at will” and “after the expiration of the employment contract.”
If the organization is in the process of liquidation, then the employee must receive notification of this two months before the termination of her workplace. In order to avoid the required time off in the event of voluntary dismissal, you must submit an application 2 weeks before the end of the maternity leave: this way the time allotted for work falls on vacation.
The dismissal of an employee on maternity leave at the initiative of the employer is unlawful; the exception is the end of the employment contract, which the employer is obliged to extend only during pregnancy, but not at other times.
In a situation of unauthorized absence from work on the prescribed day (the next day after the end of maternity leave) without prior dismissal or extension of leave, the organization has the right to consider the employee’s behavior as absenteeism. As a rule, in such cases, the employer does not resort to demands to work the allotted time, but tries to quickly agree on the termination of further cooperation with the employee.
Can it be extended or reduced?
Women preparing for the birth of a baby are allowed to take maternity leave from the twenty-eighth to thirtieth week of pregnancy until the child is three years old.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
You cannot be on maternity leave for more than this period, so at the end of it the woman must either go to work or quit.
But in some cases, it is allowed to extend the period of maternity leave with the help of vacation days due to the woman.
According to the Labor Code of the Russian Federation, the employer is obliged to provide a woman with paid leave, which is due to her by law, during the period when she wants it. In this regard, vacation days can be used before the start of sick leave, after its end, as well as after the end of parental leave.
Currently, this is the only opportunity to extend the maternity leave for a short time that exists in Russian legislation.
Also, each woman can optionally reduce her maternity leave if she so wishes:
- This can be done by reducing the duration of sick leave. Currently, a woman has the right to go on maternity leave at the twenty-eighth to thirtieth week of pregnancy, but if she does not want this, she has every right to continue working until the moment of birth.
- She may also not go on paid parental leave and return to work immediately after the expiration of the temporary disability certificate.
- If a woman nevertheless goes on maternity leave before one and a half or three years, then she has the right to complete it at any time, notifying the employer a few days in advance about her return to work.
A sample application for early return to work from maternity leave is here.
How many years do people go on maternity leave on average in Russia?
The most commonly used duration of maternity leave is less than three years. When the baby turns one and a half years old, and payments are minimized to 50 monthly rubles, parents try to find the best option for attending a nursery group. It takes several months for the child to get used to the kindergarten, and if there are no problems with being in the kindergarten, the parent on maternity leave can return to their position ahead of schedule.
On the other hand, social assistance from the state motivates young parents not to settle on one heir, so cases of extending maternity leave due to a new pregnancy are quite common.
The legislation of the Russian Federation allows for changes to the standard duration of parental leave. Legal guarantees allow you to retain your job and add years of maternity leave to your retirement work experience. The subtleties of registration of various benefits due for payment both from social insurance funds and from the budget of the employing organization make it possible to receive financial assistance for each child.
Maternal capital
Maternity capital is another one-time payment that large families can claim upon the birth of their third child.
It can be obtained if the child was born during the period of this program.
Another condition is the fact that the benefit is issued for the first time, and the certificate was not received by the parents at the birth of their second child.
In 2021, the amount of payments is four hundred and fifty-three thousand rubles, since this year the government abolished the indexation of benefits provided for by law.
But in 2021, the amount of maternity capital will be increased and will amount to four hundred eighty thousand rubles.
You should know how to correctly calculate maternity benefits. How is maternity leave paid in 2020? Read here.
When should maternity pay be paid? Detailed information in this article.
Number of days of sick leave after complicated childbirth
In a situation of complicated childbirth, sick leave is extended by 16 days (the prenatal period is also 70 days, and the postpartum period is 86 days). A complication is the birth of a child at 22–30 weeks. In this case, the disability certificate is issued for 156 days from the date of birth.
If a woman is carrying more than 1 child and this fact is established before the onset of labor, the sick leave period increases to 194 days: 84 before and 110 after the birth of the child. The ballot is issued at 27 weeks of pregnancy.
If multiple pregnancy was established during labor, then a continuation of the previously issued sick leave for another 54 days is issued.
