In order to officially register maternity leave for pregnancy, the employee must issue a certificate of incapacity for work.
In case of a singleton pregnancy, which occurs without complications and risks to the health of the mother and child, a sick leave certificate is issued starting from the 30th week and lasts for 140 calendar days.
Situations where it is possible to go on maternity leave ahead of schedule are taken into account.
When can you go on maternity leave?
While expecting a baby, every woman experiences changes in her body. As the fetus grows, it is subjected to heavy loads.
By the end of the 30th week, it becomes difficult for expectant mothers to move, swelling of the limbs and back pain occur. Therefore, you can go on maternity leave for 30 weeks. She will be able to prepare everything necessary for the birth of the baby.
The maternity leave conditionally includes maternity and child care leave.
Maternity leave dates depend on several factors:
- During a singleton pregnancy, the mother can safely go on vacation after reaching 30 weeks;
- A woman expecting twins can expect to be placed on maternity leave at 28 weeks;
- Workers living in areas with poor ecology can go on maternity leave a little earlier - at 27 weeks.
Maternity leave for pregnancy lasts about 70 days before the onset of labor and 70 days after the birth of the baby. If two children are born, then you can count on a larger number of days: 84 days before the birth of the children, and 110 days after their birth.
So, we can say that you can go on maternity leave after reaching 30 weeks. Only if there are any complications, maternity leave can be reduced.
Reasons for early exit
Women whose pregnancy has complications need to minimize the impact of external factors on the body, as well as reduce stress levels.
There are several official reasons for which you can stop working early during pregnancy:
The law provides the opportunity to use administrative days, but their number is limited.
Therefore, you can always reach a consensus with management and draw up an additional agreement to the contract, on the basis of which rest during pregnancy is provided beyond what is regulated by law. This is especially true when a woman works in hazardous work or does hard work without the opportunity to transfer to another position.
For health
Pregnancy does not always go well. Various deviations may be observed. Some of them periodically cause miscarriage. To reduce the likelihood of abortion in this way, doctors issue sick leave to women.
However, this is not maternity leave. That is, when a pregnant woman is at risk of miscarriage at any stage, she is given a bulletin and hospitalization is strongly recommended.
Sometimes an employer may doubt the legitimacy of issuing sick leave. Then you can submit a request to the FSS so that employees of this department conduct an internal audit. If everything is in order, sanctions cannot be used against the employee.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
It is necessary to understand that the gynecologist can extend the certificate of incapacity and issue it if there is a suspicion of termination of pregnancy or during abnormal development of the fetus. This means that a woman may not work throughout her pregnancy.
During multiple pregnancy
The presence of two or more fetuses makes it possible to go on full maternity leave until the 30th week. The Labor Code of the Russian Federation allows you to reduce the performance of professional duties by two weeks, if there are no medical instructions to do this earlier.
To be able to officially register a maternity leave at 28 weeks, you must:
- obtain a certificate from a doctor confirming the fact of multiple pregnancy;
- provide it to the employer;
- comply with all procedural norms in order to stop performing work duties before childbirth.
Thus, in this case, it is possible to legally go on maternity leave at 28 weeks.
By agreement of the parties
This method is the most popular if a girl works in hazardous work or is unable to perform her duties for various reasons. However, the employer cannot transfer her to another position. In this case, an agreement between the parties is required.
The agreement is drawn up on an A4 sheet, it must contain the following points:
- subject of the contract;
- names of the parties;
- rights and obligations;
- details of the parties.
It will not be possible to format a document as an attachment, since there is no information about it in the source document.
The following schemes for increasing maternity leave are also allowed:
- going on leave without pay at the initiative of the employer or employee;
- provision of regular paid leave;
- dismissal from work as a result of the inability to use an alternative.
In fact, a woman stops working earlier, getting what she wants. However, this vacation is not legally connected with pregnancy and childbirth.
This is important to know: How to properly arrange leave for an employee
How to correctly calculate the date of your maternity leave
When registering at the clinic, 40 weeks of pregnancy are calculated to determine the date of expected birth. This calculation is approximate. Only after the first screening will it be possible to objectively say about the expected timing of the birth of the child.
It is determined depending on the development of the baby in the womb. Then you will be able to clearly understand in what dates you can receive sick leave for maternity leave.
Depending on the number of children and the course of pregnancy, the timing of maternity leave may vary. A woman who is expecting twins can safely apply for maternity leave upon reaching 28 weeks, and in case of complications, she can count on paid maternity leave starting from the 27th week.
In case of premature birth, sick leave is issued after the birth of the child for a period of 156 days, and maternity leave is already issued on an urgent basis.
Not only pregnant women, but also those adopting an infant can apply for maternity leave. In this case, a vacation of 70 days is provided.
The date of departure directly depends on the condition of the pregnant woman. If the pregnancy progresses well, the employee goes on maternity leave at the required 30 weeks.
In case of health problems, a woman in labor may leave three weeks earlier than expected. In this case, there will be no more payments; they will be calculated based on earnings, but in no case will they exceed the amount established by the state.
How to go on maternity leave before 30 weeks (maybe it will be useful to someone))
It guarantees women the opportunity to take another vacation immediately before going on maternity leave. An employer does not have the right to refuse a woman, even if she has no vacation days.
Such a guarantee does not depend on how much the woman works in the last place. The main thing is to calculate from what day the sick leave will be issued and count the necessary vacation days from it.
After this, you need to write a statement and take it to the HR department. So, the next vacation will smoothly turn into maternity leave. There is also another option to go on maternity leave earlier and consult a doctor. Pregnancy is a condition that is directly related to peace of mind. Poor environment and constant stress adversely affect the development of the baby.
How can you officially move maternity leave?
Comparing the amount of official benefits and wages, any woman wants to receive decent wages as much as possible. Therefore, the question is about remaining at work for as long as possible and receiving full wages. When applying for maternity leave, the question arises whether it is possible to receive payments, but at the same time remain at your job.
It is possible to receive full maternity benefits and remain at work. Only in this case, it is necessary to reach an agreement with management. So, a woman takes out a legal maternity leave and continues to work, and her salary is calculated under the guise of bonuses.
In this case, the woman has the right to devote a minimum amount of time to work. You don't have to sit full time. It is enough to show up at work 2-3 hours a day to complete the required amount of work.
In this case, good relationships with management will come into play. If it is possible to reach an agreement, then it is worth trying on mutually beneficial terms.
Thus, if a woman decides to officially postpone her vacation, then she needs to think through all the nuances in advance. It is possible not only to receive maternity benefits, but also to receive wages by performing simple tasks at work. It is worth maintaining good relations with management so that in the future it will be possible to agree on partial pay during maternity leave.
Sick leave after maternity leave
An employee who suffered from illnesses requiring treatment during maternity leave needs compensation outside of maternity benefits.
During the early stages of motherhood, a woman is completely deprived of the ability to independently provide for herself and is considered incapacitated in the eyes of the law.
Sick leave is paid based on the employee's insurance record as a percentage. For women who have worked for more than 8 years, payment is made at 100% of wages. With less length of service, the percentage of the salary that will be paid for sick leave falls. For women with less than six months of insurance coverage, sick leave will be paid in accordance with the current minimum wage.
If a woman is not satisfied with the salary for the past year, or it is less than in previous years, then the employee has the right to write a statement to management with a request to calculate sick leave pay based on the salary for selected periods of time.
Sick leave after maternity leave is calculated according to the general formula, as for other employees recognized as temporarily disabled or on maternity leave.
Is it profitable?
If you decide to go on maternity leave after 30 weeks, it is worth considering whether this will be beneficial for you. Indeed, in this situation, you are not insured against possible risks:
- Premature birth . Labor can begin at 32 and 38 weeks. At this stage, the woman will not receive full payments.
- There is a risk of not receiving full wages . After all, a woman can work for only a few weeks, for which she will receive only part of the salary, and will lose part of the cash payments.
- Deterioration of health . At such times, it becomes more difficult for a woman to move around and maintain a full work schedule. Firstly, this is fraught with poor health and a threat to life for the expectant mother and her child. Secondly, if your health worsens, the work done will not always be productive.
Is it possible not to take maternity leave?
When the time comes for maternity leave, the question becomes: is it possible not to take it at all? It is possible only if the mother wants to secure a job and return to her duties immediately after the birth of the baby, or rather, 70 days after his birth. Thus, a woman in labor will receive maternity benefits, and any relative can receive cash payments for child care.
Thus, not only a pregnant woman, but also her immediate relatives can go on maternity leave. They can be not only the husband of a pregnant woman, but also her mother or father.
Which relatives are entitled to maternity leave?
Few people know that not only mom and dad, but also their parents can apply for maternity leave. Accordingly, both grandparents can go on maternity leave.
Many grandparents fear that they will simply lose their work experience, which affects the timing of their retirement. Grandparents have exactly the same rights as mom and dad. The employee retains his job for three years. At the end of maternity leave, both grandparents can easily return to their positions.
If the parents of a woman in labor have expressed a desire to sit with their grandson, then they need to provide documents to register the maternity leave. To do this, it is enough to provide the employer with an application and a birth certificate.
In addition, until the child reaches one and a half years of age, the grandmother or grandfather will receive a care allowance. It is important to understand that the benefit will be calculated based not on the mother’s salary, but on the income of the person for whom the maternity leave is issued. Payment will be calculated as a percentage of wages for the last two years.
Rights of pregnant women
The authorities of our country are committed to protecting the rights of pregnant women, as well as young children. Therefore, the law provides many benefits and subsidies for these categories of persons. Basic privileges of women:
- maintaining a job, salary and position
- It is prohibited to fire pregnant women and women on maternity leave
- there is a ban on hiring women to work overtime, holidays, and at night
- You can't send an expectant mother on a business trip
- liberation from hard and harmful work
- the opportunity to use your next vacation at a convenient time
- possibility of introducing reduced working hours
Even when a representative of the fair sex does not work at full capacity, the organization must maintain her average earnings. If an employer asks a woman to quit and promises that she will not lose anything by doing so, you should not follow the lead. After all, women who are officially employed have the greatest privileges.
From the video you can learn how to apply for maternity leave:
How much will relatives who go on maternity leave instead of a working woman receive?
Cash accruals that are paid for child care will be accrued only for officially employed persons. A prerequisite is regular cash contributions to the state insurance fund of the working population.
The accruals amount to about 40% of the average salary over the past two years. The amount of cash payments should not exceed the amount established by the state. The maximum amount of money that is paid to a relative who goes on maternity leave is usually fixed and should not exceed 24 thousand rubles per month.
There are some restrictions on cash payments. If a grandmother or grandfather goes on maternity leave not for the first time, then the amount they will be able to receive is reduced significantly, and will be only three thousand rubles per month.
