Maternity leave (M&P) is granted to women for the prenatal and postnatal period specified by law. In addition, the employee is given the right to rest, during which she brings up a newborn, for up to three years. Application for maternity leave on a par with pregnant women, a woman adopting a child under the age of three months. In all cases, the employee retains her workplace, payments are made, the amount of which and the period are determined by federal legislation and internal regulations of the organization.

The obligation to provide a break from work to a pregnant employee is guaranteed by labor legislation and is justified by objective human reasons:

  • late stages of pregnancy do not allow you to fully fulfill your official duties;
  • the expectant mother needs preparation for the birth of a child, including during periods of “preservation” in a hospital;
  • a pregnant woman needs to avoid overloads of any kind so as not to cause any complications;
  • Requires a period of recovery after childbirth.

The legislation establishes, based on many years of medical experience, specific terms of maternity leave. To submit an appeal, it is required to collect a certain package of documents, which will be attached to the paper itself. When you need to apply for maternity leave depends on several factors, described below.

It should be noted that applications for maternity leave are written separately from applications for maternity leave to care for a newborn or adopted child, since these are different time periods.

Going on maternity leave for the time of BiR is a right, not an obligation of an employee. Forcibly, no one can send a sick leave to this type of sick leave, so it is not uncommon for a woman to interrupt her work activity only for a short period of birth, and then return to official duties. The situation is exactly the same with maternity leave - no one can force a woman to stop working.

To provide social guarantees from the state and the enterprise, it is required documenting.

If the employee did not write a properly executed paper or did not appear at the enterprise at all, then she may lose financially. By law, it is impossible to fire a pregnant woman, but it is better not to quarrel with your superiors, especially if further cooperation is planned.

The question of how to write an application for maternity leave is not so difficult, since the compilation itself does not take much time and effort. There is no unified form, but a number of structural elements must be indicated. The request for rest during the period of the decree does not differ much from other requests addressed to the management. The main difference is that this appeal is mandatory.

The sample document in 2019 has the following structure:

  1. In the upper right corner, the object of the appeal is indicated - the name of the organization, full name and position of the head.
  2. Below is written information about the employee - the name of the position, full name.
  3. In the middle is the title of the document - "statement".
  4. The text is written in free form in business style. The amount of benefits will be calculated by the accounting department, it does not need to be specified.
  5. A list of attached certificates and copies, mainly of a medical nature, is indicated.
  6. At the bottom is the date and signature of the applicant.

The paper may be printed, handwritten, it doesn't matter. If the attached documents contain a certificate of pregnancy up to 12 weeks, then you can count on additional payments.

If women are in their 30th week, then this is the very moment when you need to write an application for maternity leave. The main supporting documents when writing are certificates from the LCD. In case of premature birth of a child, the rest period for the time of BiR is counted from the date of birth.

The maternity sick period varies:

  1. In most cases, if everything goes well, 140 days are provided - 2.5 months before the birth and the same after.
  2. In case of birth complications, a longer period of rest is provided - up to 86 days.
  3. If the birth of twins, triplets is planned, then the happy mother is given a rest 84 days before and 110 after the birth of babies.
  4. When living in a territory with an increased radiation background, 90 days before and 70 days after childbirth are provided.

When calculating the maternity leave period, accounting is carried out in calendar days. A woman "in position" may not use part of her legal rest and go to work, but in this case, these days are not added to the postpartum period.

If an employee adopts an infant under the age of 3 months, then she is entitled to rest within 110 days from the date of adoption.

A working pregnant employee has the opportunity to increase the B&R break with the help of unused days of annual rest, using the current legislation. To do this, you must indicate in writing about your desire to increase the maternity break.

There are such scenarios for the development of events:

  • increase the break before or after birth by adding days of planned annual unused rest;
  • unused days are added not only of the past vacation, but also of the future;
  • the imposition of two periods (maternity and annual rest) is prohibited.

The woman herself chooses any option convenient for her, and the employer cannot refuse this right. In the event that an employee returns to work after a 30-week period, then no one can prohibit her from doing so.

By a collective agreement, an enterprise or organization may provide for additional social guarantees in the form of various kinds of financial support for a pregnant worker.

From the beginning of the discovery of conception, a woman visits women's consultation where the doctor records the course of the process. By the 30th week, the doctor issues a sick leave, on the basis of which the maternity break is documented, for which an application is written.

The document is very simple, but it is still important to consider the following points in the content:

  1. It is not recommended to write the word "decree" and word forms from it. In legislative acts, this word is not used and is commonplace.
  2. You must provide a sick leave number. The terms indicated in it are mentioned when writing in one of the paragraphs or paragraphs.
  3. It is necessary to immediately write about the due payments, so that later you do not write additional paper with documents attached. You do not need to indicate the amount of payments, it is enough to indicate what they are due for, the accounting department will calculate the rest.
  4. Attached is the original sick leave issued by the antenatal clinic, so it’s better to make a copy for yourself.
  5. Certificate of confirmation of pregnancy in the first 12 weeks of the course. There is an additional allowance for this.
  6. A copy of the passport, the number of the current account or bank card for the transfer of benefits and payments.
  7. A copy of the birth certificate is attached to the parental leave application.
  8. Certificate from work from the father of the baby that he does not receive benefits there.

As you can see, there are no special tricks in drawing up an appeal for a decree, and the law in the case of litigation usually takes the side of the woman. However, this also applies to most employers, so there is no reason for unnecessary worries.

A document drawn up in accordance with all the rules with the necessary photocopies and certificates is submitted to the manager in the office, in the accounting department or in the personnel department - it all depends on the organization of the workflow at the enterprise. If the organization has a large number of employees, it is better to draw up an appeal in duplicate. Give one copy to the enterprise, and put a stamp on acceptance, date and signature of the responsible person on the other. After acceptance, the countdown for the payment of benefits begins.

When calculating payments, days of unused annual rest are taken into account, as well as benefits for BiR and child care. The calculation is made on the basis of the application based on the average salary of the employee.

The start date for payments is calculated from the date of submission of the application with the attached sick leave and other certificates. The employer's accounting department has a period of ten working days to calculate the monthly payments. The amount of the benefit is transferred to the account on the day the salary of other employees is paid. If, for financial reasons, the pay date is delayed, then B&R and child care payments must be made first by any means.

The formalization of the documentary base for a break in work for a woman who has adopted a baby occurs exactly the same, except that in this case there is no prenatal period.

The application must be accompanied by:

  • a document on adoption or adoption, giving the right to leave and benefits;
  • a birth certificate showing that the child is not 3 full months old at the time of submission of documents;
  • a certificate from the father's employer that he will not be paid a similar allowance;
  • photocopy of passport, current account.

If the birth was complicated or the baby was born with abnormalities, then the mother can apply for an extension of the break from work.

Additional days may be taken from the employee's future planned rest days or added based on the law for such cases. It is best to combine both options in order to maximize the period of child care.

Maternity leave is a leave that an employer provides to a woman for the period of pregnancy and subsequent childbirth, as well as for a certain postpartum period. Thus, this type of rest is divided into two parts: before and after the birth of the baby.

It is worth noting that one application will not be enough, it will be necessary to attach relevant certificates to it. No payment will be made without these documents. But first things first.

Regulation under the Labor Code of the Russian Federation

All questions related to maternity leave are reflected in Labor Code Russian Federation(255 article). It states that a woman working in an organization has the right to rest:

  • for the period of pregnancy - 70 days(when multiple pregnancy the period is extended by 14 days);
  • for the postpartum period - 70 days(or 86 days in the presence of any complications, and the birth of more than one child implies a postpartum leave of 110 days).

Both terms are summed up, as a result, a vacation is obtained, the average duration of which is equal to 140 days. The decree is granted to a woman on the basis of her pregnancy.

On term 30 weeks the pregnant woman must be issued a sick leave. If the pregnancy is multiple, this period is reduced to 28 weeks. This document is obtained at the antenatal clinic, where the expectant mother is registered. Based on this certificate, they write an application for a decree.

After the expiration of the period stipulated by the application, next document- up to 1.5 years or up to 3 years.

Before rest, a woman is paid an allowance, the amount of which is calculated taking into account the salary calculated for the last two years. If the employee has worked at the enterprise for less than a year, minimum size cash benefits for pregnancy and childbirth. Anyway, maximum size payment does not exceed an amount equal to 301095.89 rubles, and the minimum size is 51918.90 rubles(data for 2019). The fact of accrual of benefits should certainly be mentioned when making an application.

The employer is obliged to provide the woman with maternity leave if there is a corresponding application.

Compilation procedure

The application for maternity leave is written by hand. It is drawn up according to the standard for all such documents. In the upper right corner indicate:

  • Business name;
  • surname and initials of the head;
  • position and name of the applicant.

After that, the applicant lists the submitted documents, these are:

  • disability certificate (sick leave);
  • certificate from the antenatal clinic about early registration.

At the end, a number and a signature are affixed. The document has been drawn up, the next thing to do is to take it to the personnel department. It will be considered within ten days, during this period the accounting department will calculate the salary for a certain period, transfer the data to the Fund social insurance, at the expense of which the payment is made, after which you will be given the entire amount in full.

All women who are officially employed, dismissed during the last 12 months due to the liquidation of the enterprise, students of full-time departments have the right to receive benefits.

If a woman continues to work and receive a salary without taking advantage of legal leave, then the payment of benefits is not provided for her.

You can apply for funds on time up to six months from the end of the maternity leave, but it is better, of course, to do it on time, namely, being at the 30-week gestation period. The employer does not have the right not to provide a pregnant employee with maternity leave, nor does it have the right to non-payment of benefits if all the necessary documents are available.

For more information on what to write to a woman before the decree, see the following video:

Included Documentation

In order to receive money for the period of incapacity for work, the originals of the following documents are attached to the application:

  • Disability certificate (sick leave).
  • Certificate of registration in a medical institution.

A disability certificate is obtained at the antenatal clinic at the place of residence at the 30-week gestation period. It is issued by the attending gynecologist.

At the same time, the doctor writes out a certificate of early registration. Certificates are signed by both the attending physician and the head of the department.

Application to replace the billing year with the payment of benefits

The birth allowance, as mentioned above, is calculated from the accounting of wages for the previous two years. But in the event that a woman was on maternity leave or only recently left it and intends to become a mother again, her income for this period, of course, will be small.

What to do in such a situation? Such a case is provided for by law. In this case, a woman has the right and opportunity to replace this period with another - earlier one. But such a replacement can only be carried out by submitting an appropriate application.

It is written in the same form as for the provision of a decree. The text should publish a request to replace the previous two years with an earlier date. Sample text can be composed as follows: "Due to the fact that in ... years I was on maternity leave and then on maternity leave, I ask you to postpone the calculation of benefits for ... years."

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All women in the Russian Federation who work officially are guaranteed the right to maternity leave with benefits. To formalize everything, you need to write a statement - the form of the document is arbitrary, but still there are a number of mandatory requirements.

How to fill out an application for maternity leave and when to apply?

The right to decree is guaranteed by art. 255 of the Labor Code of the Russian Federation. The law specifies that it is a period of incapacity for work, when a pregnant woman retains her position and average income.

As in the case of other vacations, to apply for a maternity leave, you need to draw up an application. The difference is that a pregnant vacation must be issued, despite the vacation schedule.

She can take the main vacation without a queue, without even having worked out the minimum 6 months of experience, then go on maternity leave. Its duration is a maximum of 140 days, including a 70-day prenatal and 70-day postpartum period. It is not necessary to take maternity leave for the entire period. If she wishes, the woman can continue to work. The amount of the accrued allowance will depend only on the duration of the rest, because it cannot be received simultaneously with the salary.

Grounds for granting


Maternity leave is due to any woman registered at the enterprise under an employment contract. The grounds are certain documents that must be given to the employer:

  • statement to the director;
  • certificate from the antenatal clinic on the fact of early (before the 12th week) registration (there is an opportunity to receive an additional payment);
  • a sick leave issued by a gynecologist, confirming the pregnancy itself and the planned date of birth.

In the event of a job change during the previous two years, certificates of salaries in those companies will also be needed. Based on the data from them, the average daily income and, accordingly, the amount of the allowance will be calculated.

When to write

Nowhere is the exact time when maternity leave should begin. To take it is the right, but not the duty, of a working woman. She can prepare an application from the 30th, and if she is carrying twins, from the 28th week of pregnancy.

How long before maternity leave should I write

A woman has the right to write a statement immediately, as soon as she has a certificate of incapacity for work, or at any time before the birth itself. It puts the start date of the holiday - it can be at least tomorrow.

When an application is written for the period of maternity leave of the main employee

Regardless of the position, an employee can write a statement, having received a sick leave, and go on maternity leave as early as tomorrow. The employer has the right to ask her to postpone the start of the holiday so that he can find a replacement, but forcing this is illegal.

To avoid conflicts with superiors, it is still recommended to notify the authorities about the approach of the decree 2 weeks before it begins. During this period, they will have time to find a temporary employee to replace them, and the enterprise will be able to continue functioning without downtime and slowdowns.

Leave application followed by decree

Each organization approves the schedules of the main holidays. Everyone rests in order of priority, but pregnant women are included in the “preferential” category of workers. They have the right to issue the main vacation out of turn, including immediately before the decree. You just need to write and submit an application to the management. It is advisable to do this in 2 weeks, at least 3 days in advance, so that the accounting department has time with payments.

Application for maternity leave

There is a single application for leave for B&R (pregnancy and childbirth), which is submitted at any time after the 30th week or the 28th in case of multiple pregnancies.

Only this type of vacation is usually divided into 2 parts - a maximum of 70 prenatal days and a similar number of postpartum days. A woman can request as many days as she sees fit, indicating the beginning and end of the decree. The amount of prenatal and postnatal payments depends on its duration.

Transfer by pregnancy

If the employee feels well, she can stay at work until delivery. An alternative option is to take a vacation for as many days as you like before giving birth, but for a maximum of 70. Transferring pregnancy leave to a time after the birth of a child is not provided. However, subsequently, it is possible to issue parental leave up to 1.5, then up to 3 years.

The allowance is paid exclusively for vacation days that were actually used. It is strictly targeted, designed to compensate for lost income. If a woman remains at work, she continues to be paid a salary, so the allowance is not assigned.

How long to provide


The exact deadline for submitting an application for maternity leave is not specified in any law. So, in fact, they can provide it even a day before the start of the holiday. Only eat important nuance- the allowance is transferred along with the next salary, you can’t get it before.

Application for maternity leave: how to write

The legislator did not provide for a unified form of the document. Therefore, it is compiled arbitrarily or according to the scheme adopted by the company.

How to fill

Standard document structure:

  • “hat” (top right corner) - the position and full name of the head, the name of the company, the position and full name of the employee;
  • heading in the center - Application;
  • the main text is requests for leave (it is important to indicate the timing and requirement for the issuance of benefits);
  • application - listing of documents that are submitted with the application (sick leave, certificate from the antenatal clinic);
  • in the lower right corner - the date;
  • Below is the employee's signature.

What must be


Although the form of the document is arbitrary, there is information that must be included in it without fail:

  • competently call leave - for pregnancy and childbirth, so you need to write, and maternity leave is a colloquial expression;
  • vacation periods - they must coincide with those prescribed in the sick leave;
  • request for assistance - if you do not indicate it, you will have to write another application, again collect the papers that are missing;
  • description of attached documents.

If you register before the 12th week, you can claim a separate allowance for this. The request for its accrual should be indicated in the main text.

Application example

You can write a statement, for example, with the following content:

  1. “Document Header”: To the General Director of Stroyservis LLC Stepanov I.A. from Secretary Smirnova K.K.
  2. In the middle of the page is the word "Statement".
  3. Text - “Please provide me with a vacation in BiR from 08/07/2018 to 12/27/2018, accrue and pay benefits plus a one-time payment for registration in a antenatal clinic for early term. Please transfer the allowances to the salary card. I am enclosing a sick leave certificate and a certificate of registration in a medical institution.

Can it be filled out by mail?


If the application is not accepted at work under any pretext, you can send it by mail.

It is worth choosing a registered letter with an inventory and acknowledgment of receipt.

In case of misunderstanding and conflict situation the employee will then have a document confirming that the employer has definitely received the application.

When an application for maternity leave is signed

To protect yourself, it is better for an employee to prepare an application in duplicate (identical). One copy is immediately signed, a mark of receipt is put on it, after which it is given to the employee.

Maternity leave for a pregnant woman: who signs the order, application


The application is signed by a personnel officer, accountant or manager. Then an order is issued on the basis of it. It must be signed by the director, after which the employee must read it and also sign it.

In order to officially go on maternity leave, or rather, on vacation in BiR, you need to submit a sick leave and an application to the authorities. Its form is free, the main thing is an indication of a request for rest and an indication of its exact terms.

You can write an application from the 30th week or from the 28th during pregnancy with twins / triplets, and submit it at least the day before. It is better to inform your superiors about your plans at least 14 days before the decree. This will avoid misunderstandings and give the employer the opportunity to find a replacement employee.

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