Go on maternity leave at maternity rate in 2021, labor code

Family law > Maternity leave > How to go on maternity leave from maternity pay?

In accordance with the legislation of the Russian Federation, maternity leave is considered a period of temporary absence from work in connection with pregnancy and childbirth.

During this period, employees are provided with paid leave for 30 weeks of pregnancy. Many working women who are planning to have a child are interested in various questions regarding their workplace.

One of the most relevant is whether it is possible to go on maternity leave from a maternity place and whether the right to payments will remain.

Maternity pay is the temporary performance of duties at the workplace of an employee on maternity leave . As a rule, when a permanent employee goes on maternity leave, the manager obliges the manager to find a replacement.

At the same time, the new employee is immediately warned that this is a temporary position and when the previous employee returns from maternity leave, she will need to resign or move to another position if such an opportunity exists.

But in life, things don’t always happen as planned, and it happens that a new employee also has to go on maternity leave at the maternity rate.

Therefore, it is important to understand what the Labor Code of the Russian Federation provides regarding this situation.

What is maternity leave and maternity pay?

If a pregnant woman works, the employer is obliged to provide her with paid leave.

The first is 140 days in connection with pregnancy and childbirth. If the case is severe, it can last 194 days. The second is to care for a child until he reaches the age of three.

Before going on any of these vacations, write a statement. First, to provide sick leave for maternity leave at the 30th week of pregnancy. Then caring for a child up to one and a half or three years old.

A mother can go to work either after 140 days or three years after giving birth . And also at any time during maternity leave.

Many mothers start working when their child turns 1.5 years old. This is because after this time they are paid a rather small benefit.

The job of a woman on maternity leave is retained until the child is three years old. The employer cannot fire her according to law.

But there is a need to take another person in her place until the mother returns from maternity leave. Not only a new person, but also someone who has been working in the company for a long time can perform the duties of the main employee.

To do this, a person enters into an agreement with an organization, which states that he will work on maternity leave until the main employee returns from maternity leave.

Going on maternity leave from maternity pay

For women who work in the place of an employee on maternity leave, but plan to have their own children, it is important to figure out how to go from maternity leave to maternity leave. It is quite possible.

There is no law in the Russian Federation that would prohibit doing this. But in such a situation, its own nuances arise. In most cases, when applying for such a position, a fixed-term employment contract is concluded with the employee.

This document must indicate the end date of work activity. This is the day when a permanent employee must report to his workplace.

The information when it will be necessary to quit or move to another position is known in advance.

Since when applying for maternity leave and parental leave, an application is written, in it the pregnant employee clearly indicates the dates from which and on what date she will be absent.

When concluding a fixed-term employment contract, it is possible to extend it.

For example, if a permanent employee initially wrote an application for parental leave to care for a child up to 1.5 years old, and over time decided that she would not go to work until the baby was three years old, and wrote another application.

In this case, her start date shifts and it is much more convenient for management to renew the contract with an existing employee than to look for a new one.

There is another option when a permanent contract is concluded with a person who replaces an employee on maternity leave . This means that he will be hired for a permanent job in the event that a permanent employee changes his mind about going to work or quitting.

In accordance with the law, if a woman becomes pregnant while on maternity leave, the employee is obliged to comply with all the rules regarding payments and deadlines required by law.

This means that when an employee worked on maternity leave and decided to go on maternity leave, managers must provide her with the following:

140 days leave during normal pregnancy;
leave of 156 days for childbirth with complications;
leave of 194 days for multiple pregnancies.

This applies to maternity leave. Parental leave will be provided only if the permanent employee does not plan to go to work or quits.

Can a pregnant woman be fired in a temporary position?

it is impossible to fire a pregnant woman under any circumstances, even with systematic absenteeism;
according to Article 64 of the Labor Code, a pregnant woman cannot be denied employment if a medical certificate confirming her position is provided;
Pregnant women and women with children under one and a half years of age must be employed without unpaid internship or probationary period.

It states that in case of refusal of employment or dismissal of a pregnant woman, a fine of up to 200 thousand rubles or the amount of wages for 18 months is imposed, or corrective labor is imposed for a period of up to one hundred and eighty hours.

Possibility of dismissal during maternity leave

There is one more point that worries pregnant women - is it possible to fire a pregnant woman on maternity leave? This issue needs to be carefully examined.

If a woman gets a job as a deputy under a fixed-term contract, then certain difficulties may arise. The situation will have to be resolved together with the employer.

Since, in accordance with the Labor Code of the Russian Federation, an employer cannot fire a pregnant employee.

But Article 261 of the Labor Code of the Russian Federation provides for the possibility of dismissing a pregnant woman on maternity leave in the following cases:

Upon liquidation of the company.
Upon expiration of the contract during the pregnancy period. If a permanent employee is returning from maternity leave, priority is given to him. If there is a vacant position in the company that corresponds to the qualifications of a temporary employee, she can be transferred to this position with her consent in writing. Management must offer the pregnant deputy all available vacancies. After she gives birth, she is fired.
At the end of maternity leave. To extend the term of a fixed-term contract until the moment of childbirth, management will need a written statement from the employee and a medical certificate, which confirms her pregnancy.

If an employee has perfectly integrated into the team and demonstrated her competence and performed her duties admirably, then management can not only offer her a transfer to a vacant position that corresponds to her qualifications, but also hire the employee after returning from maternity leave.

In a situation where the term of a fixed-term employment contract was extended due to the absence of a permanent employee from work, and the deputy is on maternity leave, then you can go on maternity leave.

Dismissal from maternity leave will occur when the contract term ends or the permanent employee begins to perform his duties.

There is no need to worry about being fired during maternity leave.

Since, in accordance with the legislation of the Russian Federation, it is impossible to dismiss an employee during illness if he has sick leave. Therefore, you can feel calm before giving birth.

Can a pregnant woman be fired from her job: a lawyer’s answer

Please note that if only the position held by a woman is subject to liquidation, it is not possible to dismiss her. In this case, the employer is obliged to offer an alternative vacancy. It may imply completely different job responsibilities and salary.

One of the most popular questions is: is it possible to fire a pregnant woman during a probationary period? It's no secret that the employer spends the first two or three months looking at a new employee and can fire him at any time, without prior notice, citing the fact that the applicant has not passed the entrance examination.

What payments are due?

Since a fixed-term employment contract at a maternity rate ends for a substitute at the moment the main employee returns, the company only bears certain responsibilities.

If an employee goes on maternity leave at maternity rate, he is required to pay only compensation for maternity leave.

Monthly payments for caring for a child up to one and a half years old will be made only until the end of the fixed-term employment contract. After this, they become the responsibility of social protection.

The amount of compensation directly depends on the average monthly earnings and average daily earnings.

To calculate these indicators, they take the last two years of work before maternity leave and wages for these periods.

If a person works less than this period on maternity leave, then you can bring a certificate from other places of work for this period. If these indicators are not available, the calculation will be based on the minimum wage.

At the same time, a woman will not receive less than the minimum amount of maternity pay . In addition, when a woman registers with a medical facility before 12 weeks, she will be paid a benefit.

As for payments after childbirth, if an employee was fired after the birth of a child, the employer is obliged to pay a lump sum payment, which is allocated to any woman after childbirth.

If it is possible to go on maternity leave at maternity rate, the employee will be paid 40% of her average monthly earnings every month.

But this will last only until a permanent employee comes to work or until the end of the contract. After this, payments will stop.

Can a pregnant woman be fired? Labor rights of pregnant women

It happens that, having learned about the pregnancy of an employee, the boss begins to insist on leaving the place of work of his own free will. But he also does not have the legal right to do this, even if the woman performs her duties poorly and makes serious mistakes .

Over the past three years, many regions of Russia have experienced a wave of staff reductions in companies. That is why today it is especially important to know about the most current changes in labor legislation. Ladies who are preparing to become mothers find themselves in a particularly vulnerable position. In a situation of austerity, business owners are looking for more and more clever ways to get rid of pregnant women.

Pros and cons of working on maternity leave

Temporary maternity leave is not suitable for every employee. But still, this type of employment has its advantages:

Experience. This is especially true for young professionals who have recently graduated and are ready to work to gain experience and knowledge.
High profit payment.
The likelihood of further employment in the company on a permanent basis. If an employee proves himself well, management will most likely keep him or hire him after maternity leave.
Providing vacation and compensation for unused rest days.
In some cases, a temporary employee may be entitled to child support payments for up to three years.

Among the disadvantages are the following:

Short-term, indefinite employment period. A permanent employee has the right to leave parental leave and begin his duties at work on any day.
Interruption of work experience.
Losing a job when going on maternity leave.
Lack of child care payments.

The employer’s relations with employees who are hired on maternity leave in the civil service are regulated by the general provisions of the Labor Code on fixed-term employment contracts and the norms provided for by the law “On the State Civil Service of the Russian Federation.”

Thus, working on maternity leave has its disadvantages and advantages. If a woman becomes pregnant while on maternity leave, she can go on maternity leave; there is no law that would prohibit such an action.

In this case, the woman must be provided with sick leave for pregnancy and childbirth..

As for parental leave, it can only be obtained if a permanent employee has not returned to work and does not plan to return in the near future.