How to go on maternity leave after 30 weeks 2021

What is maternity leave and how long does it last?

A pregnant woman should be observed in an antenatal clinic. The doctor monitors her health, doing everything possible to ensure that the baby is born healthy. By performing an ultrasound, he can make an educated guess about the most likely date of the baby's arrival. This day is subsequently used to calculate the time of sick leave.

Maternity leave is designed to allow a woman to focus on her health and that of her baby during the most difficult period of pregnancy. It also gives time to care for the baby during the most important first few weeks of his life. This leave is paid by the state in accordance with the standards established by law. Whether it is possible to go on maternity leave later is up to the expectant mother to decide.

Why do people go on maternity leave at 30 weeks?

The time when a woman is given the opportunity to go on maternity leave is regulated by Article 256 of the Labor Code of the Russian Federation. The following options are considered here:

If the pregnancy proceeds normally, then the usual duration of pregnancy is taken as a basis. Sick leave is issued 70 days before the expected date of birth. This occurs at 30 weeks of pregnancy.
If we are talking about twins or triplets, then a different deadline is set for this. Sick leave is issued 84 days before the expected date of birth. This occurs at 28 weeks of pregnancy.

A period of 30 weeks is intended for expectant mothers carrying one child. It is established by law. Is it possible for an employee to go on maternity leave later than expected? The law does not prohibit this.

Going on maternity leave

Today there is no official name for “maternity leave”.
The Labor Code introduced the term “maternity leave”, 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.

Is it possible to go on maternity leave after the 30th week of pregnancy?

Availability of sick leave is the basis for receiving leave. But for registration, the woman must write a corresponding statement indicating the exact date of the start of the maternity leave. It is important to note that if a woman goes on vacation later, this will not change its end date. The vacation will begin from the moment indicated in the application. The employer will be obliged to provide it before the date on which the sick leave is issued. After that she will have to go to work.

Typically, a woman decides to have more care done late for the following reasons:

She wants to continue working for a while longer for her own reasons.
Feels responsible for the current work and wants to finish it before leaving for a long time.
Need money. If she works extra time, she will earn more.
Sometimes later care allows you to choose a more advantageous time base for calculating sick leave. This usually happens if the salary has been higher in recent years and the maternity leave period begins at the end of the year.

The last situation can be illustrated with an example. If maternity leave should begin in December 2021, and the pregnant woman had her maximum salary this year, then the following will happen. The base for the calculation will be 2021 and 2021. Based on them, the average salary will be determined. If a woman works until the beginning of January, then the calculation years will be 2021 and 2021, when her salary was higher. Thus, the second option is more profitable for her.

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

In addition to the health of the unborn baby, at this moment the expectant mother faces an equally important question. The issue of material security. After all, you and I understand that no benefit can be compared in size to wages.

Therefore, very often an employee wants to “push back” her maternity leave. And if the expectant mother is a highly qualified employee, you are also interested in reducing the time she is absent from the company.

So, a “maternity leaver” can continue to work (on completely legal grounds) even after 30 weeks of pregnancy. However, this does not mean that maternity leave can be postponed.

In this situation, vacation is reduced by the number of officially worked days. The employee will receive her regular salary for the time worked. But the duration of sick leave and the amount of benefits will decrease in proportion to the time worked (the employee must notify the antenatal clinic about her decision in order to reduce the period of sick leave on working days).

But the wishes of the expectant mother and the capabilities of her body do not always coincide. If, after all, the mother was unable to work (for health reasons, for example), her gynecologist has the right to reinstate sick leave from 30 weeks retroactively.

To avoid such pitfalls, many employers take a different route. Maternity leave is issued from the due date of 30 weeks. And those days that the employee devoted to work are simply issued as a bonus (by agreement with the “maternity leave”).

During this time, the employee does not report time and remains at the workplace as long as her status as an expectant mother allows. Thus, there is no violation from a legal point of view. And there will be no risks due to health conditions either.

How to properly prepare documents

Maternity leave is issued on the basis of sick leave and an application. The woman will have to go to the antenatal clinic to get a certificate of incapacity for work. It will indicate the start and end dates of the vacation. In a handwritten application, you must indicate the start and end dates of maternity leave. The woman has the right to choose the first one herself. The latter coincides with the end of the issued sick leave.

Based on the application, a leave order is issued. It serves as the basis for leaving and for the accounting department to calculate and pay maternity benefits. Registration can be done on your last working day. Maternity leave must be calculated within 10 days after submitting documents. In practice, the benefit is paid in full on the company's next payday.

Application for maternity leave

There is no standard form for this application. It can be compiled in any form, but it is necessary to adhere to the usual rules of business document flow.

The document must contain the following:

In the upper right part of the page indicate the name of the company, position, surname and initials of the manager.
Below indicate the position, surname, and initials of the author of the document.
In the center of the page they write the name of the document: “Application”.
The main text expresses a request for maternity leave indicating the start and end date. They must correspond to the sick leave certificate issued by the antenatal clinic.
It should be mentioned that maternity benefits must be paid.
The attached documents are listed. It is necessary to mention the sick leave and indicate its details, as well as a certificate of registration at the antenatal clinic in the early stages.
At the bottom of the document they put a signature with a transcript and a date.

It is not always possible for a pregnant woman to come to work to receive the money she is entitled to. If she believes that the payment should be made to a bank account, then its details must be indicated in the application. If the end date of the employment relationship falls during pregnancy or maternity leave, then it is extended until its end.

Errors in completing the application may result in an incorrectly completed order. Therefore, it must be carefully proofread before submitting. It is recommended to pay attention to the following design details:

Although the word “maternity leave” is commonly used, it is nevertheless not necessary to use it in the document. Instead, you should write “maternity leave”, since this is the term used in the legislation.
It is prohibited to indicate dates that extend beyond the period specified in the sick leave. If there is an error, an incorrectly completed document may have consequences.
The document can be handwritten or printed on a computer, but it must contain the applicant’s signature.

It is possible that a woman applying for maternity leave is already on maternity leave. In this case, she is also obliged to fill out an appropriate application for refusal before going on maternity leave.

The amount of benefits accrued during maternity leave in 2015

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

Full-time students.
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.

How is maternity leave paid?

After a pregnant woman has submitted an application for maternity leave and the corresponding order has been issued, sick leave is calculated. Payment takes into account its duration and the average salary in previous years. She can receive the money within the deadlines stipulated for the payment of wages.

Will the amount of maternity payments change?

If you go on vacation later, the amount of maternity leave will change. There are the following reasons for this:

The duration of the period under review will decrease. This will happen because the start date will be shifted, but the end date will remain unchanged.
If, with a later exit, the year of the start of the vacation changes, this will lead to a change in the base that was used to calculate the average salary.

In the latter case, if the salary has recently been higher, the sick pay will increase in accordance with the amounts paid. However, it will be slightly shorter due to the later start. However, it must be taken into account that during the delay the woman will receive a salary.

Benefit calculation

The benefit is calculated based on the employee’s average salary. Two calendar years are taken for calculation. For example, if they go on maternity leave in 2021, then 2021 and 2021 will be used as the basis for calculation.

The calculation is performed as follows:

During this time, the following are summed up: all accrued wages, payments related to labor results. If the bonus was, for example, for long service, then it is not included in the total amount.
The number of days during these years is then counted. In this case, calendar days are considered, from which the duration of the excluded periods is subtracted. The latter, for example, includes the length of stay on sick leave.
After this, the resulting amount is divided by the number of days and the average daily salary is obtained.

The average salary calculated in this way is multiplied by the number of calendar days on sick leave. The final value is the amount of maternity payments.

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.

There is a special offer on our website - you can quickly get advice from a professional lawyer completely free of charge by simply filling out the form below.