Formally, there is no such thing as maternity leave in Russia. At least you won’t find such an expression in the law. Maternity leave is popularly used to describe several types of leave related to the birth of a child and caring for him in the first months of life. The first of these leaves is maternity leave. It is he who interests us in this case. Let's figure out when a woman goes on maternity leave - from how many weeks of pregnancy maternity leave begins.
Duration of maternity leave
Temporary disability associated with pregnancy and motherhood includes several main stages, each of which has a maximum duration.
The first of these is sick leave, which is given at 30 weeks of pregnancy. With the normal development of the situation, it lasts 140 days (70 before and 70 after birth).
If a woman had problems during childbirth or gave birth prematurely, then in this case her sick leave is extended by 16 days.
In cases where a mother is expecting two children, she is issued a certificate of temporary incapacity for work for 194 days
.
The second stage is leave to care for a child under one and a half years old. Judging by its name, it is already clear that it can last a maximum of one and a half years (for the unemployed), and slightly less for the employed, since postpartum sick days must be deducted from this period.
The third stage is parental leave for a child whose age is between 1.5 and 3 years. It is given only to working mothers, for whom this period is counted as continuous work experience.
It should be remembered that a woman has the right to interrupt maternity leave and go to work at any time, if she has such an opportunity.
How long does it take to go on maternity leave in special situations?
If the doctor determines that more than one child is expected, sick leave is opened from the 28th week of pregnancy. The postpartum period in this case will last not 70, but 110 days.
If it is not possible to determine that the child is not 1 before the birth, the leave is increased by 54 days after multiple births.
Those living in an area exposed to radiation are given 90 extra prenatal days by law.
In case of childbirth with complications, only the postpartum period is extended by 16 days.
For those who gave birth before the benefits were assigned in the period of 22–30 weeks, sick leave is immediately opened for 156 days in the hospital where the birth took place.
See also “When they give sick leave for pregnancy and childbirth.”
If you doubt whether you have correctly determined the date for going on maternity leave, use advice from ConsultantPlus experts. Get trial access to the system and check your calculations for free.
Providing benefits
Working women receive funds during maternity leave only on sick leave and until the baby is one year and six months old. Subsequently, they are only entitled to a payment from the employer in the amount of 50 rubles
.
For non-working mothers, the number of provided payments is significantly less, since they are only entitled to a minimum child benefit of up to one and a half years.
After receiving all documents, including an application for maternity leave from the employee, the employer must pay the money 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, a woman can continue to work after the onset of pregnancy at 30 weeks. It is recommended to apply for maternity leave in the prescribed manner so that the pregnant woman does not lose the opportunity to receive benefits
, as well as during difficult childbirth or the birth of a weak child, she had 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.
Amount of maternity benefit
Every working woman who makes contributions to the Social Insurance Fund is entitled to a payment under the BiR. In fact, it is transferred by the employer, but later it is compensated by the fund. The amount of the benefit depends on the salary for the previous 2 years, so the amount is strictly individual. For the calculation, average earnings are used and multiplied by the number of working days. It is worth noting that the calculation does not include those periods when no contributions were made to the Social Insurance Fund.
If during this period of time the woman was on maternity leave and there was no actual income, the calculation period may be replaced. In 2021, the minimum amount a pregnant woman can count on is 51,918.9 rubles.
, and when several children are born at once - more than 60 thousand.
If observation at the antenatal clinic began before 12 weeks, an additional amount is due - 628.47
rubles.
Amount of child care benefit
This type of benefit is 40% of wages and is transferred monthly. The minimum size in 2021 is RUB 4,512
.
for the first child, for the second and third the amount is 6284.65
. This type of financial assistance also applies to non-working women, in contrast to maternity benefits.
The calculation also uses the two years preceding the leave. The average daily earnings are calculated and multiplied by the number of days in a month (a coefficient of 30.4 is used). As a rule, the funds are transferred by the enterprise on payday, and the unemployed receive them from the social protection authorities.
What payments are there?
While a woman is on maternity leave, she is entitled to several payments:
- a lump sum when going on maternity leave (calculated individually based on average earnings during sick leave);
- fixed payment for early registration (if the expectant mother began seeing a gynecologist before 12 weeks of pregnancy) - 675.15 rubles;
- birth benefit (the same for everyone) - 18,004.12 rubles.
The amount to be paid when taking leave under the BiR is calculated according to the following indicators:
- number of days of sick leave issued by a doctor;
- wages for the two years preceding the birth;
- the number of total days and the number of excluded days for these two years (sick leave, parental leave, etc.);
- the amount of the minimum wage for the current period (average daily earnings - 398.79);
- rates of maximum social payments (average daily earnings - 2,301.37).
Payment rates are indexed annually, so find out the latest information on amounts as of the date of your maternity leave.
The calculation is made using the following formula:
The total amount of a woman’s income for the two previous years is divided by the number of days for the same period and the excluded days are subtracted. The resulting value is multiplied by the number of days indicated on the certificate of incapacity for work, and the amount of payment is obtained.
There are a number of nuances:
- if a pregnant woman had worked a small amount of time at the time she went on maternity leave, she will not be able to receive more than the minimum wage in one month;
- if she has worked for more than 6 months, but the calculated average earnings are less than the minimum wage, the benefit is increased to the minimum wage;
- if the maximum maternity social benefits are exceeded, the amount of vacation pay is calculated at the upper limit of the norm.
Separately, it is worth saying that for women studying full-time at an educational institution, the benefit is equal to the amount of the monthly stipend.
A payment is also provided for the wives of conscripts who are in a registered marriage in the amount of 28,511 rubles.
Parental leave for father
Parental leave for a child up to three years of age can be taken not only by the mother, but also by any other family member who will actually care for the baby. It is important that this family member (most often the father) is officially employed in order to be able to apply for care benefits.
At the father's work, it is necessary to present certificates from the mother's work:
- that the mother refuses to take time off to care for the child;
- that the mother is not entitled to care allowance.
In addition to these certificates, the father writes an application for child care, and in accordance with Art. 256 Labor Code of the Russian Federation.
The employer does not have the right to refuse the father, maintaining the position and salary for the period of leave.
Moreover, the right to use parental 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 the term to her father.
If two or more children were born in a family, the mother has the right to take leave to care for one child, and the father for the other.
Features of the maternity leave
Maternity leave is a concept that covers three periods, namely maternity leave (before childbirth), after pregnancy (from the moment of birth until a certain point), and parental leave. The right to maternity leave is assigned to everyone officially working according to the Labor Code of the Russian Federation; the employer does not have the right to refuse to issue it. Moreover, an employee on maternity leave cannot be fired in most cases (only in special situations, such as the closure of a company).
A special feature of the decree is its “floating” terms. How long the leave will be depends on a very wide range of factors - the number of children, the state of the mother’s health, external circumstances and much more. The second important feature can be considered the registration of maternity leave itself in comparison with regular leave - the employer not only does not have the right to refuse a pregnant employee, but is also obliged to strictly comply with the deadlines established by law.
Documents for going on maternity leave
When working women go on maternity leave, the doctor from the antenatal clinic gives them several documents that need to be provided at their place of work to register leave and the entitlements:
- statement;
- salary certificate (if in the previous 2 years the girl worked in another company);
- certificate of early registration (issued at a medical institution if observation of the pregnant woman began before 12 weeks);
- sick leave certificate signed and stamped by the doctor.
The pregnant woman also receives a birth certificate with three tear-off coupons. It will be needed for antenatal clinics, maternity hospitals and children's clinics; there is no need to give it to the employer.
How many weeks do they go on maternity leave if it is combined with annual leave?
To extend maternity leave, you can first go on annual leave or do it after the B&R leave ends.
The administration of the enterprise has no right to prohibit this (Article 260 of the Labor Code of the Russian Federation).
If the date for maternity leave occurs while you are on annual leave, further developments depend on the woman’s choice.
She can write a statement and go on maternity leave without waiting for the end of her annual leave, from the date indicated on the sick leave. The employer is obliged to postpone the remaining days of the main vacation, following the provisions of Art. 124 Labor Code of the Russian Federation.
Or you can use the main leave in full, in which case the maternity leave will begin immediately after the end of the main one.
Is it possible to go on maternity leave earlier?
If a woman has special circumstances in her life, she may express a desire to go on maternity leave ahead of schedule. This may be related:
- With health status.
- The working atmosphere in which she finds herself.
- Living conditions.
- Other circumstances forcing her to interrupt her work activity before 30 weeks of pregnancy.
If we refer to the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n
, then there is a specific period indicated, how many weeks they go on maternity leave, and the terms when a woman receives sick leave for pregnancy from the gynecologist who observed her during her prescribed period are clearly indicated. There are no exceptions to the rule prescribed by law. But a pregnant woman must understand that she can go on vacation earlier than expected.
Let's start with the fact that this is possible, according to labor legislation. In particular, Article 260 of the Labor Code guarantees the right to leave once a year, regardless of the schedule. The employer is obliged to provide the working woman with the required time off in the following situations:
- Before the employee goes on maternity leave.
- Immediately after maternity leave ends.
- After maternity leave.
It should be understood that the guarantee at the legislative level is in no way related to how long a girl works for a particular employer. To get the required leave, you must work for six months, and if the period has not yet passed, this will not be an obstacle to getting leave before going on maternity leave.
There are situations when an employee has already had time off on vacation, but there is still a decent amount of time left before going on maternity leave, and it is already difficult to work. The question arises, what to do in this case? We recommend that you contact the gynecologist who is monitoring you and talk about the difficulties.
You need to understand that the course of pregnancy largely intersects with the state of mind of the expectant mother. And sometimes her well-being directly depends on her peace of mind and moral comfort.
In order for the baby to be born healthy, it is necessary to eat well, avoid stressful situations and be in an environment that is safe from an environmental point of view. If any of the listed factors are not met, or the health of the mother and baby is threatened, the pregnant woman has the right to undergo treatment in a hospital. She is given a sick leave certificate for this time, and legally.
When they leave
Let's move on to the question “When can I go on maternity leave?” From the moment the employee learns that she will have a child until the moment she can go on vacation, a certain period of time must pass. That is, as soon as the fact of pregnancy is established, you should not go to the employer.
The legislation establishes clear deadlines indicating at what week of pregnancy the expectant mother can go on vacation. These terms are largely determined by the characteristics of pregnancy, as well as the state of health of the mother and children. Let's consider all possible options.
Standard situation
If the birth of one child is expected, and doctors give a favorable prognosis for the course of pregnancy and childbirth for both mother and child, then a document is issued that allows you to go on maternity leave at a standard time.
In a standard situation, you are allowed to go on maternity leave at 30 weeks (about 7 months). The maternity leave period will be 10 weeks (70 days, that is, before the birth) and 70 days after the birth. In total, you will be able to rest for 140 days, after which you will need to either go to work or write an application for parental leave.
If several children are born
Having multiple children (such as twins or triplets) not only places additional stress on mother and baby, but also requires a longer recovery period after childbirth. In this regard, doctors observing the expectant mother are required to give her a sheet of a special sample.
In the case of the birth of two or more children, the mother is issued a document that allows her to go on leave for 12 weeks (84 days) before the birth and 110 days (almost 16 weeks) after the birth. Total 194 days. If the presence of several children is discovered only during childbirth, then the mother has the right to ask for an additional increase in leave. Well, if doctors recognize the birth as complicated, then the mother will be provided with a certificate that will allow her to extend her rest period for another 16 days.
In case of premature birth of a child
If the birth took place before the due date (that is, from the 22nd to the 30th week), the mother has the right to receive additional leave to care for the child, then from the date of birth she will be able to take out maternity leave for a period of almost 23 weeks ( namely 156 days).
Let us note a very important fact - premature birth is often accompanied by significant health problems for both mother and child. So if the child was born earlier than the specified period, then you should contact the doctors and find out if they can provide a medical report and further extend the maternity leave.
Is it possible to go on maternity leave later?
Pregnant women pursue various goals, calculating which week they will go on maternity leave. Many women, especially those who are not feeling well, tend to go on maternity leave early. But there are absolutely healthy and full of energy expectant mothers who are eager to earn more money and complete all their work before the birth of the baby - so they need to go on maternity leave later than the deadline.
If we turn to paragraph 3 of clause 46 of Order No. 624-n of the Ministry of Health and Social Development of Russia dated June 29, 2011, there is a special clause that in the event of a voluntary refusal by the expectant mother to be provided with sick leave for pregnancy, this refusal must be recorded in medical documents.
If the moment comes that a pregnant woman changes her mind and wants to get sick leave for pregnancy, she will need to visit the doctor again, but only before the child is born (in the law this moment is designated as “before childbirth”).
A sick leave certificate can be obtained from the date from which it must be issued by law, so it will be issued retroactively (28, 27 or 30 weeks of pregnancy), and strictly for the time period assigned to the pregnant woman by law (194, 160, 140) .
The phrase “before childbirth” is specifically spelled out in the text of the order for a clear interpretation of the legislative norm
.
Registration of maternity leave
Maternity leave is issued with a certificate of incapacity for work (sick leave). This is enshrined in a number of legal documents (p. 8 of the Procedure for issuing certificates of incapacity for work from the order of June 29, 2011 of the Ministry of Health and Social Development of Russia, Article 225 of the Civil Code of the Russian Federation, etc.).
Sick leave for pregnancy and childbirth is issued by a gynecologist who monitors the woman. Or a family doctor. Or a paramedic if the expectant mother lives in a locality where there are no clinics or antenatal clinics.
This document (sick leave for pregnancy and childbirth) is uniform and is issued once. Therefore, the pregnant woman and the expectant mother will no longer have to complete any medical documents.
Important: the decision that it is time for a woman to go on maternity leave is made each time by the doctor who individually observes the patient. In most cases, the doctor, when deciding on the date of maternity leave, focuses on the so-called “obstetric period”. But ultrasound doctors appeal to the “gestational” period.
The obstetric period is 14 days longer than the gestational period. And here the woman can negotiate with the doctor the conditions for going on maternity leave for one or another period - depending on her own well-being. Tired, constantly feeling unwell? It is worth registering according to the obstetric period. If you are full of strength and desire to work - according to gestational.
Important: the duration of maternity leave is determined by the observing gynecologist, based on several decisive factors. And this period is calculated based on pregnancy in weeks.
The period is calculated from the moment the pregnant woman is registered according to her status in the antenatal clinic or clinic. Up to the day of the week. Did the woman apply for registration on Wednesday? This means her maternity leave will also begin on Wednesday. And knowing this interesting point, the expectant mother can independently calculate the date of going on maternity leave, which means she will be able to plan her affairs and adjust some projects, including those related to work.
Article 225 of the Civil Code of the Russian Federation obliges a pregnant woman, who has issued and received the appropriate sick leave, to provide this document at her place of work and there to write an application for maternity leave on the basis of the law.
Legislation
At the legislative level, social rights are approved in the Labor Code of the Russian Federation. But this document affects only the interests of the working population, while non-working women may also experience pregnancy.
In this case, Federal Law No. 255 will come to the rescue.
, dedicated to insurance of citizens in case of temporary disability, one of the reasons for which may be pregnancy and maternity.
Both documents contain the basic rights of women, including the answer to the question of how many months they go on maternity leave.
Maternity leave
This type of leave (this is what the familiar term “maternity leave” is often understood as) acts as a social guarantee for all officially employed expectant mothers, as well as for those women who are going to suspend military service or contract service.
Maternity leave is issued in the form of sick leave, with clearly defined boundaries for its duration. During this time, the expectant mother should prepare for labor itself, take a break from it and devote time to her newborn child.
Important! This type of leave is available not only to those women who are going to give birth on their own, but also to those who are adopting babies up to three months old.
Of course, during such a “rest” a woman can claim a financial benefit in the amount of 100% of the average amount of her salary for the previous two years.
Start date of maternity leave and duration
The period of maternity leave begins with sick leave for pregnancy and childbirth. In Russia, the beginning of this period occurs in the last months before childbirth.
In a normal situation, in the absence of contraindications and health hazards, the maternity worker’s work ends 70 days before the expected birth. In other words, maternity leave begins at 30 weeks.
When determining which month to go on maternity leave, pregnant women expecting 2 babies or more should remember that rest begins 2 weeks earlier, 84 days before the planned date of birth.
- Chernobyl vacation: who is entitled and who pays for additional days of rest
Prenatal leave, how many days are allocated by law before the day of birth, is even longer for workers who have experienced the consequences of radioactive contamination after the events at the Chernobyl nuclear power plant. They stop working from the 27th week.
With artificial conception, the beginning of the period is completely determined by the instructions of doctors.
The duration of the labor and labor leave ultimately depends on the course of the birth itself and the woman’s condition after the birth of the baby:
- standard postpartum leave lasts 70 days;
- if complications arise during the birth process, the period is extended to 86 days;
- for caesarean section the period is set higher by 16 days.
If labor begins prematurely, before 30 weeks, with successful delivery and the appearance of a newborn, the period after birth increases to 156 days.
- Who legally pays maternity benefits - the state or the employer?
If the baby died in the first 7 days or was stillborn, the postpartum period is reduced to 86 days.
When adopting a child after birth, the adoptive parents are provided with the same rights as at the birth of their own child, including 70 or 110 days of leave after birth.
An important nuance: it is impossible to increase the time after birth by reducing the period before birth.
Is it possible to issue OBiR earlier or later?
Before going on maternity leave, the employee has the right to use the right to an annual 28-day leave, adding it to the maternity period. In addition, an employee may be granted sick leave due to the threat of miscarriage or other medical problems. Many pregnant women are initially on regular sick leave.
Thus, the period of absence of a pregnant employee may begin much earlier than 30 weeks, which the employer must take into account when planning a replacement.
By agreement of the parties, a later date of departure can be agreed upon. If the employee decides to continue working, she has the right to do so, and the employer will not be able to prohibit it, however, the later decree does not affect the period of leaving sick leave according to the BiR. According to the law, 70 days are given for the postpartum period.
Returning from vacation earlier must be agreed upon with the administration without fail, since another employee was hired for the period of absence.
Payment during maternity leave
If the expectant mother falls under compulsory social insurance due to temporary disability due to maternal responsibilities, then the benefit she is entitled to should not be less than the average salary or, especially, the minimum wage provided for by law (from January 1, 2021, this is 9,489 rubles) . If the duration of official employment before pregnancy was less than 6 months, then the calculation of the benefit amount is made taking into account the minimum wage in force when calculating assistance.
Maternity benefit
If an employee goes on maternity leave, she can receive compensation for this period.
The payment is regulated by law and is the sum of all the employee’s income for the last two years, calculated in days multiplied by the duration of sick leave (in days).
The benefit is paid once at the beginning of the mother's vacation. Compensation is paid along with the next payment of salaries to employees.
The benefit should not be subject to personal income tax, unified social tax, pension contributions, or compulsory insurance contributions.
The right to maternity benefits is granted to:
- To all officially working women
- Unemployed women who are registered with the employment center
- For students
- Women military personnel
- Women working in military organizations as civilian personnel
The right to compensation is received by those employees who adopted a child under the age of 3 months. The allowance is received for days when the adopted child is less than three months old.
In the case where a woman adopts two or more children, the period is increased to 110 days.
If women go straight from maternity leave with their first child to maternity leave with their second child, they usually choose maternity benefits rather than child care benefits, since the former is usually more profitable.
During the period that the employee is on maternity leave or child care leave, she must retain her job and be paid benefits.
Expectant mothers often ask what week they go on maternity leave. If a woman is pregnant with one child, if her health is not in danger, then at 30 weeks of pregnancy.
The length of time a woman goes on maternity leave depends on the number of expected babies, working conditions, complexity of childbirth, and health status.
Additional benefit
Women who register before twelve weeks of pregnancy are entitled to this type of financial assistance. In 2021, the amount of this additional benefit will be equal to 632 rubles and 76 kopecks (from February 1), but for now it remains at the same level - 613.14. The pregnant woman will be able to receive this money from her employer along with maternity benefits or, in the case of inpatient training, at the place of study. If a woman does not study or work, then this type of assistance will be provided to her by the social protection service.
Did you know? While in some countries they are trying by all means to increase the birth rate, in China, since the 1970s, they have been doing everything to prevent more than one baby from being born in one family. Despite the fact that this policy has recently weakened a little, fines are still in effect today. The largest fine was in 2014 for director Zhang Yimou and his wife, who gave birth to three children before their wedding and without permission.
One-time benefit for the birth of a child
From February 1, 2021, the amount of this type of assistance increases from 16,350.33 rubles to 16,873.54 rubles. Such assistance has nothing to do with the professional employment of a young mother before maternity leave and is paid to absolutely all women who have given birth. The right of registration is granted to one of the parents - both the mother and the father of the newborn.
Child care allowance
At the birth of children, the family receives benefits in accordance with the law
Until the baby is one and a half years old, his parents quite reasonably claim financial assistance to care for him, paid every month in a fixed amount. The amount of this assistance is determined based on the salary of the parent (mainly the mother, but also the father) for the previous 24 months, but not more than 40% of the total amount.
Starting from 2021, a woman receives 3,163 rubles for her first baby, and 6,327 rubles for her second and subsequent children. The maximum amount of this benefit should not exceed 24,536 rubles, and when receiving money through social security authorities (this is possible in the event of liquidation of an enterprise during maternity leave) - 12,262 rubles. For those who were not officially employed, assistance with child care up to 1.5 years is at the stated minimum level. In some regions of the country, parents are paid benefits for children under three years of age, but this is only subject to the birth of a second and subsequent children. If a young mother wants to extend maternity leave to three years to care for one child, then she is entitled to only 50 rubles of assistance per month.
Did you know? A lifetime maternity leave could be granted to Arab Daad Mohammed Murad Abdul Rahman, who at 70 has become a father 96 times.
How to avoid being deceived by an employer - legal advice
Guarantees provided by law to a pregnant woman:
- Cash payments from the Social Insurance Fund. It will be possible to receive a payment only if the employer made contributions to the Social Insurance Fund. Therefore, before employment, it is necessary to clarify this information.
- An employer does not have the right to fire a woman raising a child under 3 years old, caring for a disabled child until adulthood, or a single mother if the child is under 14 years old.
- If an employment relationship is concluded with an employee for a certain period of time, the contract is extended if there is a certificate from the gynecologist confirming the presence of pregnancy.
- For the entire period of leave associated with the birth and care of a baby, the woman retains her position and workplace.
- A woman has the right to start work at any time. The possibility of going back on parental leave also remains.
- When submitting documents necessary to accrue benefits, it is advisable to issue a receipt or otherwise record the transfer. In case of loss of documentation, you can easily prove your case and reimbursement of expenses incurred.
- If the documentation is provided, but the benefit is not received in the current account on time, then you must write a statement to the employer’s address. If there is no response, the woman has the right to appeal to the labor inspectorate or directly to the court. In court, she can recover the benefit itself, compensation and moral damage.
Decor
In order to go on vacation according to the BiR, it is not enough to receive sick leave, you need to perform a number of other actions.
Registration procedure:
- Sending a certificate of incapacity for work to the employer.
- Writing an application for leave under the BiR, as well as its payment.
- Drawing up an order for the provision and payment of leave.
- Familiarization of the employee with the order.
The certificate of incapacity for work must be issued by an accredited medical organization that has the right to issue it.
Its duration must be calculated in strict accordance with the law (Article 255 of the Labor Code).
When applying for a vacation, additional documents may be required. For example, salary certificates from previous places of work (if the period of work with the last employer is less than 2 years), a copy of the passport, information about the account number or card where the BIR allowance will be transferred.
