How long does it take to go on maternity leave? — Important nuances of Payments during Pregnancy in 2021

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Published: 06/03/2016

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Maternity leave is an important period for a woman, because she needs to have time to prepare for childbirth and stock up on everything necessary for the baby.

To plan work matters and prepare for their transfer to another employee, you need to calculate when maternity leave begins. This can be done either manually or using an online calculator .

• Legislation on maternity leave
• How is maternity leave determined?
• Self-calculation
• Online calculators

Issuance of sick leave

A certificate of incapacity for work for pregnancy and childbirth (BiR) is issued by a doctor - an obstetrician-gynecologist, in his absence - by a general practitioner (family doctor), and in the absence of a doctor - by a paramedic.

Issued at 30 weeks of pregnancy at a time for 140 calendar days (70 days before birth and 70 after).

In case of multiple pregnancy, sick leave is issued at 28 weeks of pregnancy at a time for 194 calendar days (84 days before childbirth and 110 after).

If, when applying to a medical organization, a woman does not want to receive sick leave, then her refusal is recorded in the medical documentation and, upon repeated application, is issued for 140 (194 - in case of multiple pregnancy) days from the period in which the woman must go on maternity leave by law, i.e. e. at 30 weeks (28 - in case of multiple pregnancy) ( clause 46 of the Procedure, approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n

).

If a woman lives in a radiation-contaminated area, then a certificate of incapacity for work is issued at 27 weeks of pregnancy (clause 6, article 18 of Law No. 1244-1 of May 15, 1991; clause 51 of the Procedure).

If childbirth occurs between 22 and 30 weeks, the medical organization issues sick leave for a period of 156 calendar days (clause 49 of the Procedure).

In case of a complicated procedure (for example, accompanied by a cesarean section), the medical organization issues a certificate of incapacity for work for an additional 16 days (clause 48 of the Procedure).

Before or after a BiR leave, a woman is provided with an annual paid vacation, if she wishes, regardless of her length of service with a given employer (Article 122 of the Labor Code of the Russian Federation).

Employees who have adopted a child are provided with rest for the period from the date of adoption until the expiration of 70 calendar days from the date of birth of the adopted child, and in case of simultaneous adoption of two or more children - 110 days from the date of birth.

In case of adoption of a child by both spouses, time off is granted to one of the spouses at their discretion. At the same time, persons who have adopted a child, at their request, instead of this leave are granted according to the BiR for the above period

(Article 257 of the Labor Code of the Russian Federation).

Algorithm for calculating maternity payments

First, the income is calculated (the total amount with bonuses, allowances and other payments) for the previous two years from the date of maternity leave, for example, the period from October 15, 2021 to October 14, 2021.

The resulting number is divided by 730 days in a normal year, and by 731 in a leap year . At the same time, in this period the following are omitted:

• non-working period;
• periods of sick leave;
• absenteeism and time off;
• tariff holidays;
• periods without pay;
• periods when earnings are not paid in full or according to the average value.

If there are such periods, the remaining number of days is taken into account, for example, 530 or 100. We received the average income for 1 day.

This amount is multiplied by the number of days of maternity leave. The calculation includes all days from social leave.

Formula for calculating maternity benefits according to the minimum wage:

Minimum earnings = minimum wage × 24:730 , where

• Minimum wage - the minimum rate taking into account all regional coefficients and allowances on the date of issue of the sheet;
• 24 – number of months in a given period;
• 730 – the number of days in a given period (731 – in a leap year).

For 2021, the minimum will be 51,918.90 rubles. Calculation: (11280 x 24)/730 x 140

In case of complications and the birth of several children without prior medical confirmation of a multiple pregnancy, the sick leave consists of two parts: the first part is standard, issued for 140 days, and the second is additional - for the rest according to the law. The billing period is the same. The total amount of benefits for the two documents must correspond to the above.

Paternity leave calculation

Not only the mother, but also any other family member who will actually care for the baby has the right to care for a child under three years of age. It is important that this family member (most often the father) is officially employed in order to be able to apply for benefits.

At work, the father must present certificates from the mother’s work:

• about refusal of leave;
• about the impossibility of receiving benefits.

In addition to the certificates, the father writes an application for parental leave, and in accordance with Art. 256 of the Labor Code of the Russian Federation, the employer cannot deny this right while maintaining the position and salary.

Moreover, the use of leave and, accordingly, the right to benefits can be transferred from one family member to another, for example, if the mother is sick and cannot provide care. In this case, she writes a statement to the employer about the need to interrupt her vacation in order to transfer this right to her father

.

If a family has two or more children, the mother can provide home care for one, and the father for the other.

Maternity leave - where to start applying

To officially go on maternity leave, a pregnant employee needs to register with the consultation.

It is preferable to do this before 12 weeks. Then the expectant mother will be able to count on benefits.

After the examination, the doctor will set an approximate date of birth, on the basis of which the dates of leave will be determined.

The doctor will issue a certificate of temporary incapacity for work. A maternity leave is issued according to it.

Theoretically, you can register and have a consultation later.

But if you visit a doctor in a timely manner, it will be easier to arrange a vacation.

An employee going on maternity leave causes considerable stress for employers.

After all, her responsibilities will have to be transferred to other employees or to hire a new person for the duration of the vacation.

Considering the above, it is worth registering with the consultation in a timely manner and notifying the employer about going on maternity leave.

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Calculation of payments when going on maternity leave

After the birth of a child, a lump sum payment is made from social insurance funds. Mom, having provided the necessary package of documents, receives an amount of 11 thousand rubles.

If it is inconvenient for her to collect documents or there are other reasons why she cannot apply for money at her place of work, her dad can arrange the payment for himself. The amount depends on the average salary.

Half - 70 days - the time before the birth of the baby, 70 days - after. If a girl, when she goes on maternity leave, is officially employed by several employers for more than 2 years, then everyone pays. True, she will receive benefits for up to 1.5 years only in 1 place, which one is decided independently.

When the total length of service is no more than 6 months, payments are calculated based on 1 minimum wage. If according to one of the above schemes the payment does not exceed the minimum wage, then the amount that comes out when calculating according to the minimum wage is paid.

When an employee did not work full time, the minimum wage is reduced. For example, when working part-time, the minimum wage will be reduced by 2 times

.

Female students have their own conditions. They provide the educational institution with a sick leave certificate when going on maternity leave. What type of professional education they receive: higher, secondary, primary – it doesn’t matter.

The main thing is that the form of education is full-time. The amount is determined by the amount of the scholarship paid to students of the educational institution. Unemployed people are entitled to their benefits.

Firstly, this is a regular unemployment benefit, which is issued after registration with the local central bank. Secondly, these are payments to RUSZN.

Examples of registration and calculation of maternity leave in non-standard cases

1. Calculation of benefits in cases where annual income is greater than the limit. If maternity leave is issued from January 1, 2019 and in the subsequent period, the maximum allowable amount of benefits for the past 2 years is calculated as follows, the maximum amount of income for one day is equal to: (755,000 + 815,000) / 730 = 2150.68 rubles is maximum SDZ amount for calculation in 2019.
2. Calculation of benefits when a person on maternity leave continues to work. The decision was made due to the fact that the income will be higher than the benefit amount. Maternity leave has been issued since September 1, 2021. The employee wrote a statement according to which he continues to work from September 1, 2019 to October 15, 2021. For 45 days of work, wages are paid according to the workload. Sick leave is paid for the remaining period – 95 days. The maximum size of a certificate of incapacity for work in 2021 (in case of payment from 100% of average earnings) is 2150.68 rubles for 1 day on sick leave. ((755,000 +815,000) / 730). 2150.68 x 95 = 204314.60 rubles.
3. If the person on maternity leave is a part-time worker, income is taken into account from each enterprise. To do this, at your main place you must submit earnings certificates from each company and a document confirming that payments were not made to other companies. The payment amount is calculated taking into account the maximum limit.
4. If a part-time employee takes maternity leave in 2021, and during 2018-2017 he worked in the same place where he is now, the benefit is issued in each company separately. To do this, you need to submit the original sick leave to each organization. You can also receive payments from one of the organizations of your own choice, if you have certificates of earnings from other places.
5. If a person on maternity leave works at his first place of work for less than 6 months, and the insurance period is equal to the period of work, the calculation of maternity sick leave is carried out on the basis of the minimum wage rate.

Calculation and payments from the employer during maternity leave

After receiving all documents, including an application for leave under the BiR, the employer pays the funds within ten days. At the same time, it is important to know that the benefit is actually paid by the Social Insurance Fund (SIF), the employer simply makes the calculation. If an employee does not receive a payment after ten days, she can file a complaint with the labor inspectorate or the prosecutor's office

.

Also, despite the fact that, by agreement with the employer, the employee can continue to work after pregnancy at 30 weeks.

It is recommended to arrange a vacation in the prescribed manner so that the girl does not lose the opportunity to receive payments, and also in case of a difficult birth or the birth of a weak baby, she has the opportunity to have more time to care for him than she planned during pregnancy.

This is also useful for the employer himself, in order to avoid possible accusations against the pregnant employee and appeals to inspection authorities.

The calculation of the period depends on many factors (how the pregnancy progresses, when they go on maternity leave, whether the pregnancy is multiple, etc.).

If the period of maternity leave coincides with parental leave until the age of three, both benefits are paid.

How to calculate maternity leave yourself

The calculation of maternity payments is usually made in the accounting department of the enterprise. But you can make it yourself:

1. Calculate the number of days in the period (from 731 you need to subtract sick leave and weekends at your own expense);
2. Calculate average earnings for 2 years.
3. Take into account a lump sum payment for pregnancy and childbirth.

Procedure for calculation and payments for childbirth
For 2021, the minimum benefit should be at least 616 rubles. The maximum figure is 43,616 rubles.

Procedure for going on maternity leave

The duration of maternity leave is always calculated in total, taking into account the period before and after childbirth. Every woman has the right to take regular annual leave, using it before maternity leave.

Even if a girl expresses a desire to go on maternity leave a little later, the doctor does not have the right to issue a sick leave later than the required period

. In turn, the accountant of the enterprise where the pregnant woman works does not have the right to take into account the data from this certificate of incapacity for work.

Having calculated the expected date of going on maternity leave, the employee must inform the company management about this, since a replacement must be found in her place, and she must also transfer matters to the new employee.

Is it possible to extend maternity leave after 3 years of maternity leave?

Based on the latest amendments to the law in 2013, a woman has the right to extend maternity leave until the child turns 4.5 years old.

You should contact your employer and write an application to extend your vacation at your own expense, you need to have with you:

• child's birth certificate;
• medical certificate about the child’s health status.

In most cases, it is not possible to come to an amicable agreement with the employer and he needs good reasons to keep the workplace for the mother on maternity leave.

Exiting maternity leave early

Leave due to pregnancy is the right of any girl, guaranteed by the state and protected by law, therefore no manager can force her to go to work until the baby reaches three years of age.

As for the mothers themselves, many of them do not want to sit at home for three years and want to get to work as soon as possible. Early exit from maternity leave is already becoming the rule rather than the exception. And here two cases are possible:

Early termination of maternity leave

It happens that a woman wants to return to work sooner than her labor and employment leave comes to an end. Our legislation does not have specific guidelines on this issue, and women on maternity leave sometimes believe that rest is their right, but not their obligation. This difficult situation was commented on by specialists from the Federal Service for Labor and Employment in letter No. 1755-TZ dated May 24, 2013.

From the explanation it follows that the woman goes on maternity leave due to an insured event: temporary disability. This is her right, guaranteed by the state, and the vacation will be paid

.

A medical certificate confirming the fact of incapacity for work due to future motherhood contains the start and end dates of the leave. The employer pays the benefit required in these cases in a lump sum, based on the certificate data.

Upon returning to work, the employee begins to receive a salary, but this time is already paid for by benefits. According to the law, this is unacceptable. The employer will have to withhold part of the money from the employee. But this cannot be done, because such a case is not included in the list of situations when a refund is possible.

A deadlock arises: the employee should not receive a salary, since this time was already paid for earlier, and the employer is obliged to pay the salary, since the person is working. If you try to withdraw part of the benefit, then there are no legal reasons for this. Consequently, early termination of leave under B&R is not permitted even at the initiative of the employee herself.

Early termination of parental leave

As for the longest part of the vacation, during which the maternity leaver receives only a small monetary assistance every month, it is possible to stop such a vacation at any time. The benefit will not remain, but mother will receive a more substantial salary. She will be able to return to caring for the baby before his third birthday, but it will be more difficult to resume payment of benefits

.

You are allowed to return from maternity leave at your own request. To do this, you need to write an application indicating the first working day. The manager is prohibited from refusing in such cases. If another person temporarily worked instead of the employee, the contract is terminated, and the woman’s position and salary are returned.

The manager cannot prevent the employee from returning back on unfinished leave

, and bosses don’t like this right of all women on maternity leave. Such back-and-forth can ruin relationships with colleagues and management, so few people decide to do it.

Most people prefer to work part-time or take work home. In such cases, the maternity leaver receives a salary while maintaining benefits. True, this will require not only the desire of the woman herself, but also the consent of the manager.

What documents are needed to apply for maternity leave?

Let's move on to the next point - preparing the documents with which you officially go on maternity leave. In this situation, you will need only three forms:

1. A certificate confirming registration with the consultation before 12 weeks.
2. Certificate of incapacity for work. The form includes the expected date of birth established based on the examination, as well as the beginning and end of maternity leave.
3. Application for leave on behalf of the employee, written in duplicate.

To avoid controversial situations if one of the forms is lost, it is worth indicating the certificate of incapacity for work and the certificate as an appendix to the application for maternity leave.

The second copy of the application will remain with the employee. You need to ask for an acceptance stamp to be placed on it.

Regardless of when a woman goes on maternity leave, she should submit an application for leave to her employer.

This rule is established by labor legislation.

Although some organizations do not include an application in the list of required papers for maternity leave, this is required by law.

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Release date calculation example

By gestational age

A woman goes to the hospital, undergoes tests, the results of which give her a gestational age of 5 weeks. How to calculate what time maternity leave starts.

Solution:

From the day the pregnancy period is established, another 25 weeks are added. The final date will be the date of maternity leave.

According to traffic rules

The gynecologist sets the maximum age limit for a pregnant woman - January 25, 2019. In what month can you go on vacation?

Solution:

From January 25, 2019, 70 calendar days are subtracted. The result of the calculation is November 16, 2018.

How to go on maternity leave earlier if you have already had a vacation

The answer to the question of when a woman goes on maternity leave largely depends on her condition.

Is it possible to stop working earlier than the deadline if your health requires it, your annual leave has already been taken, and it is inappropriate to write an application for time off at your own expense?

In such a situation, you should consult a doctor monitoring the pregnancy.

Every mother wants her baby to be born healthy. Overload and stress are far from conducive to this.

Perhaps the doctor will decide that you need treatment in a hospital or day hospital.

If so, the employee will be issued a certificate of incapacity for work for the duration of the preventive course.

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A few final notes

When calculating at what stage of pregnancy they go on maternity leave, they also look at the length of leave.

Traditionally, these 140 days are divided into two equal parts - 70 days before childbirth and 70 days after.

This is actually not required. You can change the ratio of days. Let's say, take 10 days before giving birth and 130 after, or vice versa.

Regardless of this, benefits will be paid for actually used vacation days.

In order for the accounting department to make the necessary calculations, it is recommended to submit sick leave as soon as possible.

According to the law, benefits must be transferred to a pregnant employee 10 days after she has prepared a package of documents.

Summarizing the above, we note: women officially go on maternity leave at 30 weeks; for multiple pregnancies, this period is 28 weeks.

Special conditions are provided for expectant mothers living in unfavorable areas. They go on maternity leave at 27 weeks.

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How to apply for maternity leave: when to go on maternity leave, payments, period and more.

Rights of pregnant women

Since not every employer likes a worker’s pregnancy, most of them try to refuse employment, reduce wages, or fire her instead of providing the required benefits. Therefore, you need to be aware that the rights of pregnant women are enshrined in the legislation of the Russian Federation. If such situations arise, an employee in a position may go to court, which will take her side. But if a woman quit of her own free will, she can no longer count on benefits as an employee. In addition, the workplace and pay should not change if changes occur in the organization or the manager changes. When an employer asks you to work after hours or works beyond working hours, this can also be challenged in court. And if the organization is liquidated, the employee must be registered with the employment service.

Benefits received during BIR leave

The legislation of the Russian Federation provides for the following types of payments for citizens on maternity leave:

1. Maternity benefit . The calculation is based on the period of absence of the employee from the workplace specified in the document. The amount of payments is determined based on days of incapacity for work and average daily earnings. The received amount is transferred within 10 days from the date of registration of the maternity leave. The payment will be accrued along with wages or advance payment.
2. Additional benefit . If a woman was able to check in with a doctor before 12 weeks. The benefit is provided after going on vacation; its amount is 581.73 rubles .
3. One-time benefit after childbirth . The payment amount is 15,512.62 rubles .
4. Child care benefit . Payments are made monthly until the child turns one and a half years old. Payments are calculated from a woman’s average earnings for two years (40%), the amount is influenced by the number of children in the family. Thus, the minimum amount of payment for one child is 2908.62 rubles, for the next - 5817.24, the maximum amount of benefits reaches 21554.85 rubles.

And many women are also interested in whether it is possible to receive maternity benefits and work at the same time? Employees have the right to combine vacation time with work, but then maternity days will be cut and not paid. Only wages for this period will be accrued. But it happens that managers meet halfway and pay both benefits and wages, unfortunately, this happens rarely and is defended by the bravest ladies in court in accordance with Part 2 of Art. 7 Federal Law dated May 19, 1995 No. 81-FZ. You can also work and receive benefits after childbirth, but only until the child is one and a half years old and on condition of working part-time. So, a woman will receive a salary for the hours worked and the required allowance.

What rights do employed women have?