Question: Hello! Will I receive maternity benefits if I go on my third maternity leave in a row without working between them? And how will it be calculated?
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Of course, if you work with an official entry in the work book, you will receive maternity benefits, no matter what maternity leave you are on. To go on your next maternity leave, you must interrupt your current maternity leave and apply for leave under the BiR. Be sure to indicate in the document your intention to receive all subsidies due.
How to move from one maternity leave to another
Young families try not to make much difference between children. It often happens that a woman goes from her first maternity leave to her second.
To go on sick leave under the BiR without going to work, an employee must:
- obtain a certificate of incapacity for work from a gynecologist;
- write to the HR department an application to interrupt parental leave and provide sick leave for pregnancy and childbirth;
- sign the corresponding order prepared by the HR department.
Sometimes it is beneficial for a pregnant woman to go to work between maternity leaves.
To do this, you need to write an application for early leave from maternity leave to work, work for a while, and then write an application for sick leave according to the BiR.
Sample application for early leave from maternity leave
What documents must be provided to the employer when going on maternity leave?
To receive a new maternity leave, a woman must take sick leave from the antenatal clinic, confirming her condition. When an employee goes on maternity leave, she must write a leave application. She must contact her boss with these documents. He has no right to refuse leave.
Procedure and documentary features of going on maternity leave
The following describes the documents required to apply for maternity leave. The step-by-step instructions are as follows:
- The antenatal clinic monitors the health of the pregnant woman. The doctor determines the expected date of birth of the child and provides sick leave for a period that complies with legal requirements.
- She writes an application for maternity leave.
- The woman comes with these documents to the boss. He issues the appropriate order. Based on it, benefits are calculated and timesheets are drawn up.
Maternity benefits must be accrued within 10 days. This amount will differ from the payment of the previous maternity leave due to the fact that a different calculation base will be used.
When to tell your employer you're pregnant
The woman herself chooses who and when to tell about the upcoming addition to the family. But it is not clear at what point management needs to be notified.
You should not inform your employer about your plans along with submitting an application for sick leave under the BiR. The sooner you inform your boss about the second maternity leave, the more time he will have to prepare. He may be waiting for you to return to work, so he will have to find a replacement for you for the next couple of years.
The boss's dissatisfaction does not threaten you in any way: it is impossible to fire a pregnant woman by law.
Documentation
To apply for a new maternity leave, the employee must:
- submit an application to the HR department to interrupt maternity leave and provide sick leave for pregnancy and childbirth;
- attach a sick leave certificate and a copy of your passport to the application;
- write an application to change the billing period for a subsidy under the BiR;
- sign 2 orders: on interrupting parental leave and on providing sick leave for pregnancy and childbirth.
Sample application for interruption of maternity leave and provision of sick leave for pregnancy and childbirth.
The order must be drawn up in form T-6, which is approved by law. The document must specify the period for which sick leave is provided according to the BiR, the payments that are due to the employee and calculations are made to fulfill the labor requirements of the organization in relation to the employee.
Sample order for early termination of parental leave
You can issue sick leave and pay maternity benefits to an employee who is on maternity leave within 6 months after the date indicated on the certificate of incapacity for work.
If the employee brought the application and sick leave later than the start date of the leave under the BiR and she has already been paid child care benefits, then only the difference between the subsidies needs to be paid.
Preparation of personnel documents
Every application from a woman, the HR department is obliged to accept and hire. Based on the applications, an order is drawn up indicating the relevant personnel changes.
The order must be signed by the responsible HR specialist and the head of the organization. It is also necessary to familiarize the employee concerned with the order. The deadline for processing the order is 1 day from submission of the application.
Ideally, all documents should be processed on the same day the application is submitted. There are no strictly established forms of orders and statements; they are drawn up in any form. The main thing to consider when designing them is information content. The order must contain links to all documents provided by the employee.
Maternity payments with return to work
In order to increase the amount of maternity benefits, sometimes it is beneficial for a woman to go back to work after the first maternity leave for at least 1 day before going on the second. This is beneficial if, during the first maternity leave, the employee’s salary increased: it is on the basis of the cost of one working day that the subsidy for accounting will be calculated.
Let's look at this option using an example:
Anna Kotelnikova went on her first maternity leave, with a salary of 25,000 rubles. Now her salary is 31,000 rubles. She went on maternity leave in December 2021, and is going on her second maternity leave in 2021. In 2021, she went to work for 1 day.
We calculate the cost of one working day:
31,000 × 12 / 365 = 1019 rubles.
The benefit will be calculated as follows:
(0 rubles in 2021 + 1019 rubles in 2021) / (0 days in 2017 + 1 day in 2021) × 140 days = 142,660 rubles.
The amount is less than the 2021 maximum of 302,054.79, so the money will be paid in full.
If Anna had used the change of years and had not gone to work between vacations, then the calculation would have been as follows: for 2021 she received 300,000 rubles, for 2021 - 275,000 rubles.
The average daily salary is:
575,000 rubles/730 days = 787.6 rubles.
The benefit amounts will be:
787.6 rubles × 140 days = 110,274 rubles.
Read: Calculation of maternity benefits
Sudden downshift
Oksana Morozova, AiF.ru: Tatyana, one of the quite popular queries on the Internet is “how not to go crazy while on maternity leave.” Why do many women perceive maternity leave as a kind of test - are they terribly afraid of it?
Tatyana Aptulaeva : It’s really possible to go crazy while on maternity leave. Imagine, you lived, lived an ordinary life with work, career, discos and karaoke, and then bam! You have a child. That's it, no more karaoke bars. I am, of course, greatly exaggerating this. The loss of your former freedom when you did what you wanted ends in an instant, and you are completely subject to the baby's schedule.
— So, is there a real reason for concern, or is the maternity leave not as scary as it is made out to be?
- You never know what you can do till you try. A future with many unknown conditions when you give birth for the first time is scary. But when a baby, your closest person, is in your arms for the first time, all fears recede, most of them. You start living in real time. Here and now. Solve all pressing problems, of which there are dozens every day. That's all. This is the law of nature. But if you continue to be tormented by some specific fears, discuss them with your loved ones. The support of our husbands and friends is often enough to cope with the situation. Is your inner circle not helping? Then go for a consultation with a good psychologist. Excessive fears interfere with enjoying motherhood and become a fly in the ointment.
Article on the topic
It's not about the money. Why should women be on maternity leave for up to 3 years?
— What are the most common myths about maternity leave you have heard?
— The myth of lost time. He comes first. Because we live in the grip of another myth. Its name is “success”. And it assumes a life in which events change with the same breakneck speed as in the action films about James Bond and Charlie's Agents. And, of course, there is a hidden, often unconscious duty - to demonstrate to the whole world the external indicators of our achievements. More money. Higher position. Cooler car. A deck of certificates of completion of various training courses. And so on ad infinitum. And maternity leave is such a sudden downshift. Once, and your speed is not fifth, but first. And the worst thing is that you cannot, as in that song, shout “Press on gaaaaz!” Because a woman with a baby in her arms is no longer James Bond or Agent Charlie. No matter how much she wanted it. But maternity leave is a different value system. The key word here is “values” - they exist and there are many of them.
Maternity payments without going to work
The B&R benefit is calculated based on the salary for the last 2 years. If the employee was on a previous maternity leave for the entire billing period, she can write an application to change the years. Then for the calculation they will take 2 years before the first vacation.
An example of changing years during a second maternity leave
Okolskaya Lyudmila has been on maternity leave for a child up to 1.5 years old since March 13, 2017. She is going on sick leave according to BiR on 04/02/2019.
Due to maternity leave, she earned 325,000 rubles in 2021 and 2021.
In 2015, she earned 495,500 rubles, and in 2021 - 520,500 rubles.
Lyudmila wrote an application asking to replace 2021 with 2015, and 2018 with 2021 to calculate payments under the BiR. During the billing period, there were 18 excluded days. Then the payment amount will be:
(495,500 + 520,500) / (730 - 18) × 140 = 199,780 rubles.
An example of calculating maternity leave if the length of service is less than 6 months
Lyudmila Efremova went on her first maternity leave, having less than 6 months of experience. Then, regardless of the salary, the size of the subsidy will be calculated depending on the minimum wage. In 2021, the minimum wage used for calculation is 11,280 rubles.
The average daily salary is:
11,280 rubles × 24 months / 730 days = 370.85 rubles.
The amount of the benefit is: 370.85 rubles × 140 days = 51,919 rubles.
Read: Maternity benefits in 2021 (maternity benefits)
Legislation and its requirements
In 2021, all maternity payments are regulated by Federal Law No. 255. It describes the algorithms for calculating benefits for disability certificates. Key points that accountants should take into account when making payments to working women:
- the period is considered to be two years preceding the decree;
- if necessary, a woman has the right to change the time period on the basis of which the benefit will be calculated for her;
- vacation and sick leave periods are not used in calculations.
For unemployed people who are members of the Employment Center, the payment is fixed and equal to 537 rubles. If a woman has not registered as unemployed, then she can only claim child care benefits.
This document also provides for maximum and minimum payment amounts. A woman who received a good salary before maternity leave can receive more than 228 thousand rubles. If complications occur during childbirth, the amount can reach 316 thousand. The minimum benefit amount is slightly more than 25 thousand rubles, and in case of complications or the birth of several babies, it can exceed 38 thousand.
Please note that according to the legislation in force in 2021, when transitioning from one maternity leave to another, you can actually claim a pregnancy benefit, which will be calculated based on the same average earnings as for the first birth.
What benefits remain
By law, a woman is entitled to only one type of payment. If a woman goes on another maternity leave while on maternity leave for up to 1.5 years, then she will have to choose only one type of benefit. Let's look at the previous example and calculate the amount of monthly child benefit:
(495,500 + 520,500) / (730 - 18) × 40% × 30.4 = 17,352 rubles per month.
She has 6 months left to receive benefits, which means the amount will be:
17,352 × 6 = 104,113 rubles.
In this case, receiving benefits under the BiR is much more profitable for the family budget.
It is possible to receive both benefits at the same time: you need to apply for a child care benefit for up to 1.5 years for one of the family members: the child’s father, working grandparents. Then the benefit amount will be 40% of his average monthly salary.
FAQ
Question No. 1. During her first pregnancy, the employee worked for the same company. During maternity leave, the company was liquidated and the employee was transferred to another organization. She has a new employer. The second pregnancy begins. Will previous salary be taken into account when calculating benefits?
Answer: At this time, the benefit amount is not linked to the employer. It is only affected by the billing period. This means that when setting the amount, only the income of the billing period is taken into account, no matter which employer.
Question No. 2. Is it possible, while on maternity leave, to work under a GPC agreement in another company?
Answer: yes. The law does not prohibit this.
Question No. 3. Is child care allowance for up to 1.5 years included in the calculation of maternity leave?
Answer: no, it is not included, as defined in Part 1 of Article 14 of Federal Law No. 255 of December 29, 2006.
Unemployed maternity leavers
The following types of state support are provided for unemployed pregnant women:
- allowance for registration in the early stages of pregnancy - 655 rubles;
- lump sum benefit for the birth of a child - 17,328 rubles;
- manual for accounting and research for female students and employees dismissed due to the liquidation of the organization.
Full-time students who contact the accounting department of the educational institution will receive a maternity benefit in the amount of the scholarship.
Employees who lost their jobs due to the liquidation of the organization receive a subsidy:
- in the amount of 100% of the average monthly salary or based on the minimum wage, if the dismissal occurred during maternity leave;
- 655 rubles per month, if the dismissal occurred within 12 months, before pregnancy and the woman registered with the labor exchange.
Read: Maternity benefits for the unemployed
Pregnancy is a time of change
It’s not just the monotony of life that can depress a young mother. The fact is that the first year of a baby’s life is a time of constant change. The daily routine will change more than once, and many different reasons for concern will arise. Then, when everything is over, it will seem like nothing. In the meantime, pressing problems will come to the fore: the baby’s health, his development, routine, toys, clothes.
From the outside it sometimes seems that since a woman became a mother, her circle of interests has narrowed. In fact, old hobbies temporarily fade into the background. They are replaced by others. A woman gains new experience, learns to cope with previously unfamiliar problems. And of course, she wants to share this with others. This mother's focus on the baby's needs is not only normal, but also very important. While the baby is completely dependent on the mother, she can and wants to satisfy all his needs. And nature itself takes care of this; After childbirth, such a hormonal background remains for a long time, which activates the parts of the brain responsible for the manifestation of maternal instincts. While the baby needs special care, your body is ready to adapt, it has the resources to cope with stress.
There is no point in arguing with nature. It is better to plunge into a new world of maternal care for you and live with new interests for some time. Very little time will pass - literally a few months - and old interests will return by themselves: you will want to go to work, take up a hobby, continue or start studying. In the first months after the birth of a child, it is better not to plan additional stress, including intellectual ones. Spend your free time on sleep, rest and relaxation. If your baby does not allow you to sleep at night, sleep at the same time as him during the day. The baby’s well-being depends very much on the mother’s well-being, so try to take care of yourself.
Need to remember
- the organization is obliged to pay a woman working under an employment contract a labor and employment benefit, even if she goes on maternity leave without leaving the previous one;
- to go on your next maternity leave, you need to contact the HR department of your organization;
- going to work between maternity leave increases the amount of the B&R payment by 1 day;
- the state pays only one benefit for mother and child, so the pregnant woman will have to choose which one to receive;
- unemployed women receive all types of benefits except for the BiR payment.
Emergency hotline for the population : we provide free consultations to pensioners, parents and beneficiaries of any category from legal experts over the phone.
Answers to common questions
Question No. 1. How to save a monthly allowance for caring for your first child if you have to leave an unfinished maternity leave to work for a while before the next maternity leave?
There is only one option. You can write an application for early termination of parental leave and transfer the remaining period to a close relative of the baby - dad, grandmother or grandfather. Only the one who will take care of the children will receive benefits every month, while the woman will begin to receive payments for the second child.
Question No. 2. Who is not entitled to maternity benefits?
When it comes to sick leave benefits under BiR (including a one-time payment when registering with a clinic in the early stages), it is not paid to the unemployed. That is, those who have not worked at all and those who are registered with the Employment Center. Benefits are received by working women, students and certain categories of unemployed women:
- dismissed 12 months before maternity leave due to liquidation of the company,
- fired while on maternity leave due to company closure,
- Individual entrepreneurs who have ceased operations
- lawyers and notaries who have completed their practice,
- spouses of conscript soldiers.
Child benefits are provided to everyone without exception.
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