Good afternoon, dear readers. Today we’ll talk about whether it’s possible to go on maternity leave. too late.

Today you will learn:

  1. Generally accepted deadlines for processing maternity leave;
  2. Is it possible and how to go on maternity leave later than expected?
  3. List of documents for calculating maternity leave.

What is maternity leave

So, maternity leave combines two various types vacations. This is maternity leave and up to three years. Let's talk about the first one.

Maternity leave is intended to solve two problems:

  • Allow you to prepare for the birth of a child;
  • To have the opportunity to constantly be with the newborn in the first months of his life.

The most common (generally accepted) period of maternity leave: 70 days before and 70 days after childbirth (140 calendar days in total). But there are always exceptions.

Is your co-worker having twins? She is given 194 days. Moreover, if twins are known in advance, then vacation is provided for 84 days before and 110 after the end of childbirth. If twins were discovered only in the delivery room, then the vacation will simply extend for 54 days. If the mother had a difficult birth, 16 days will be added to the vacation.

We count the vacation date

Having registered with the antenatal clinic, the expectant mother and her gynecologist calculate 40 weeks of pregnancy to determine the date of birth of the baby.

At the 19th week, an ultrasound examination is performed. Based on its results, you can find out the gender of the unborn child, consider the number of children, and more accurately determine the timing of pregnancy. And also determine the specific date for receiving sick leave for pregnancy and childbirth, which is mandatory for receiving leave.

When is pregnancy expectant mother progresses normally, she goes on leave at 30 weeks. If the ultrasound detects twins (or maybe triplets), the expectant mother will go on vacation at 28 weeks. If your area is disadvantaged, the expectant mother is entitled to leave at 27 weeks.

Sometimes unexpected situations happen, such as premature birth. Then sick leave is issued from the date of birth of the child for 156 days and leave must be arranged urgently.

Another exceptional case: your employee decided to adopt a newborn baby. In this situation, she is entitled (and, accordingly, vacation) for 70 days.

Is it possible to go on maternity leave later than expected?

In addition to the health of the unborn baby, at this moment the expectant mother faces no less important question. The issue of material security. After all, you and I understand that no benefit can be compared in size to wages.

Therefore, very often an employee wants to “push back” her maternity leave. And if the expectant mother is a highly qualified employee, you are also interested in reducing the time she is absent from the company.

So, a “maternity leaver” can continue to work (on completely legal grounds) even after 30 weeks of pregnancy. However, this does not mean that maternity leave can be postponed.

In this situation, vacation is reduced by the number of officially worked days. The employee will receive her regular salary for the time worked. But the duration of sick leave and the amount of benefits will decrease in proportion to the time worked (the employee must notify the antenatal clinic about her decision in order to reduce the period of sick leave on working days).

But the wishes of the expectant mother and the capabilities of her body do not always coincide. If, after all, the mother was unable to work (for health reasons, for example), her gynecologist has the right to restore her sick leave from 30 weeks retroactively.

To avoid such pitfalls, many employers take a different route. Maternity leave is issued from the due date of 30 weeks. And those days that the employee devoted to work are simply issued as a bonus (by agreement with the “maternity leave”).

During this time, the employee does not report time and remains at the workplace as long as her status as an expectant mother allows. Thus, there is no violation from a legal point of view. And there will be no risks due to health conditions either.

Documents for maternity leave

Let me remind you that we are now talking about the first part of maternity leave, namely maternity leave. It is issued upon presentation of a sick leave certificate issued by the antenatal clinic (only for officially employed employees).

So, here is a list of all the required documents to calculate your employee’s vacation:

  • Sick leave (140 days in the standard case);
  • Certificate of registration in the early stages of pregnancy (if available);
  • Application for vacation written in person!
  • Information about a bank card or account (for transferring benefits);
  • Certificate of income for the previous 2 years (if the employee has been working in your company recently, otherwise this information is in your accounting department).

Based on these documents, personnel issue a leave order, which is paid by calculating sick leave benefits.

We calculate the amount of benefits

The amount of sick leave payment for pregnancy and childbirth is 100% of the average daily earnings (regardless of the employee’s insurance coverage) multiplied by the number of days of sick leave (in general, 140 days).

However, there are minimum and maximum benefit limits. In 2019 it is 51,918.80 rubles. and 301,095.96 rubles. accordingly (do not forget to multiply the resulting amount by the regional coefficient).

We also remember that from January 1st it was increased to 11,280 rubles.

As a result, our calculation formula will look like this:

SP=D/730*140, Where:

  • SP – benefit amount;
  • D– income for the two previous years;
  • 730 number of days (2017 and 2018);
  • 140 – standard period of sick leave.

This is an ideal calculation option. There are exceptions in life. For example, if during the previous two years a woman was on sick leave, on maternity leave or maternity leave, then this time is excluded from the calculation period. However, in the last two cases this time for calculation is allowed to be replaced by previous years.

If the employee decides to “stay”, then the formula for calculating the benefit will be as follows:

SP=D/730*(140-RD), Where:

RD – number of working days.

And one more very important nuance: if your employee “didn’t have time to work at all” (less than 6 months of experience), then the benefit is calculated based on the minimum wage.

Well, we examined in detail the option of going on maternity leave later deadline. We hope you found the article useful. Now you can definitely answer all the questions about “shortened” maternity leave.

Maternity leave(B&R, in common parlance it’s just decree) is social guarantee for working women, as well as for those undergoing military or equivalent contract service. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and spend time with the newborn.

The right to maternity leave is enshrined in Art. 255 Labor Code(TC) of the Russian Federation (No. 197-FZ dated December 30, 2001). The law states that the decree is accompanied by the payment of social insurance benefits.

  • Birth leave is provided for both natural (born) children and adopted children under the age of 3 months.
  • Do not confuse maternity leave (maternity leave) and parental leave for a child up to 1.5 years old. In a legal sense, these are completely different periods.

A special feature of maternity leave in Russia is that it can be taken out by: only woman.

  • Sometimes they write or say that dad can be put on maternity leave. This implies maternity leave, but not according to BiR.
  • According to Art. 123 of the Labor Code of the Russian Federation, during the period of his wife’s maternity leave, a man can only be granted out of turn annual paid leave.

New law dated June 29, 2015 No. 201-FZ introduced changes to the conditions for granting maternity leave for fixed-term employment contract. If previously the employer was obliged to extend the contract with the employee only for the period of pregnancy until the baby is born, then now the woman is given statutory postpartum leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of maternity leave).

How many weeks does it take to register?

The period during which a woman can legally go on maternity leave is 30 weeks. To go on vacation, you need to obtain maternity leave from a doctor. The document will indicate the start and end dates of the maternity leave.

In some cases, they are installed other terms registration of maternity leave:

  • 27 weeks - for expectant mothers living in a certain area contaminated due to the accident at the Chernobyl nuclear power plant, the Mayak plant and some others.
  • 28 weeks - at multiple pregnancy.
  • If a woman has premature birth between 22 and 30 weeks - from the day of birth.

An obstetrician-gynecologist does not have the right to open a sick leave later than the beginning of the 30th week of pregnancy. However, the woman herself has the right to go on maternity leave later - this must be indicated directly in the application for this leave.

In particular, it may be in the interests of a woman to postpone the start date of maternity leave - if it falls at the end of the year, it is sometimes more advisable to postpone it at the beginning of next year despite several lost days subject to paid sick leave. This is done to be used as a calculation current calendar year- as a rule, more profitable in terms of earnings.

How many days does it take by law?

According to Art. 7 of the Law on State Benefits No. 81-FZ of May 19, 1995, as well as others regulatory documents, the duration of maternity leave in 2018 may vary. The number of days of maternity leave depends on the woman’s place of residence and work, the characteristics of childbirth, and the number of children born.

  • Holiday according to the BiR is divided into two conditional parts - prenatal and postnatal. The number of days for each of them is counted by a gynecologist from the expected date of birth.
  • If the child is born earlier, the woman will still be provided with total number of days maternity leave.

Below is the duration of labor and labor leave before and after childbirth for different categories of women.

Maternity leave table

TermsDuration of maternity leave in days
Before birthAfter childbirthTotal
Normal course of pregnancy and childbirth70 70 140
The same for women living or working in areas contaminated after the Chernobyl accident, the Mayak plant or the dumping of waste into the river. Techa (hereinafter - in the contaminated area)90 70 160
Normal pregnancy, complicated childbirth70 86 156
The same for women living or working in the territory of the “Chernobyl zone”90 86 176
Preterm birth (between 22 and 30 obstetric weeks)0 156 156
Multiple pregnancy diagnosed before 30 weeks84 110 194
Multiple pregnancy diagnosed at birth70 124 194

For pregnant women who live or work in contaminated areas, maternity leave extended by 20 days due to the prenatal period. In accordance with Law No. 1244-1 of May 15, 1991, during this period, their health improvement is provided outside the pollution zone before childbirth.

For a woman, adopting a baby at the age of up to 3 months, the duration of maternity leave may be shorter:

  • The leave begins to count from the day the court decision on adoption comes into force.
  • Maternity leave lasts until 70 calendar days after the birth of the baby (or up to 110 days after the birthday of the adopted twins).

Registration of maternity leave

To go on maternity leave, a pregnant woman must provide her employer with sick leave from an obstetrician-gynecologist and write statement about your desire to take leave under the BiR. It is important for the employee herself to take maternity leave for two reasons:

  • to receive financial assistance benefits;
  • to follow her persisted workplace for the duration of maternity leave, as well as subsequent child care up to 3 years.

In exchange for the application and sick leave provided by the woman, the HR department issues her a notification receipt for the receipt of documents (written in free form, the second copy remains with the organization).

The start date of maternity leave may coincide with that indicated on the certificate of incapacity for work, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the maternity leave itself will not be postponed to a later date, but will be shortened, since it will end no later than the date indicated on the sick leave.

Maternity sick leave

A certificate of incapacity for work is issued on official letterhead, approved by order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n. It is a document of strict accountability and has a unique number. The first part of the form is completed in medical institution, second (for calculating maternity benefit) - employer women.

Basic requirements for filling out sick leave (applicable to both the doctor and the employer):

  • The cells are filled with large printed Russian letters and numbers, which should not extend beyond the cell.
  • Notes can be made on a printer or written by hand with a black gel, fountain or other pen (but not a ballpoint).
  • Any blots, cross-outs and errors are prohibited. Even with one crossing out, you need to change the form and rewrite everything again.
  • The name of the employing organization can be written in full or abbreviated form (if such a form is provided for in the constituent documents).
  • If the inscription (name of the enterprise, surname of the doctor, etc.) does not fit on the line, it is simply interrupted in the last cell.

The employer must carefully check the correctness of filling out the sick leave, because the Social Insurance Fund may not accept an incorrectly filled out document. Correctly and finally filled out sick leave is transferred to the accounting department for calculating benefits according to the BiR.

  • If an error is detected, the certificate of incapacity for work is returned to the woman, who must re-apply to the medical institution for a new document.
  • An incorrect name of the insured organization is not considered an error, because the FSS can recognize it by its registration number.

Application for maternity leave

The application is the main basis for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Some information must be included in the document. These include:

  • Details of the organization, full name of the head.
  • Full name of the employee without abbreviations (you can also indicate your position).
  • Details of the identity document.
  • Information about the place of registration and residence.
  • Please provide leave according to the BiR.
  • Request to pay maternity benefits and lump sum allowance when registering in the early stages of pregnancy (optional).
  • Desired method of receiving benefits, card details.
  • Number and date of sick leave according to BiR.
  • The employee’s signature, surname and date of filling out the application.

Staying on maternity leave is the basis for granting a woman maternity benefits. In this case, most often one combined application is filled out - both for vacation and for sick leave payments for it.

Order for maternity leave

After the woman’s place of work has received an application and sick leave, the enterprise’s personnel department forms order on granting maternity leave. The form of the document is not clearly regulated by law; it can be taken as a basis unified form No. T-6 or develop your own.

The order must contain the following information:

  • name of the insured organization;
  • date and document number;
  • Full name of the employee, personnel number, name of her position and structural unit;
  • type of leave (maternity leave);
  • grounds for granting a maternity leave;
  • start and end dates of vacation, its duration;
  • Full name of the head of the organization, his signature.

Employee reads the order mandatory, signed and dated. Ideally, she is provided with a copy of the document. After this, it is written on the order that it is sent to the employee’s personal file.

Based on the order, data on maternity leave is entered into the personal card (Form No. T-2) of the employee. The fact that a woman is on labor and employment leave is reflected in the working time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

Birth leave is paid in full, from the first to last day. The benefit is transferred at one time on the woman's account for the entire period.

The main criteria for calculating payment for maternity leave:

  1. For each full month maternity leave, a woman is entitled to an amount equal to 100% average monthly earnings in the organization for the last two calendar years(Article 11 of Law No. 255-FZ of December 29, 2006).
  2. With very little or no earnings, as well as with work experience in the organization of up to 6 months. calculation and payment are made according to the current value minimum size wages (minimum wage). From 02/01/2018, the minimum wage is 9,489 rubles, but increasing regional coefficients are applied to this figure.
  3. Maximum size payments are regulated using bases for calculating insurance premiums. The employee’s income for a certain year is compared with their values.

If there are several employers for whom a woman has been working for more than two years, maternity leave is paid each of them. At the same time, child care benefits can only be issued to one of the policyholders.

Maternity leave is paid only if sick leave has been provided no later than six months after the end of maternity leave. Otherwise, a woman may need to prove her right to B&R benefits in court.

Maternity leave calculation

Calculation of maternity benefits for vacation accounting is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct payments") according to the established method. The following data is taken into account:

  • A woman’s total earnings for the two calendar years preceding her start on maternity leave. For those whose maternity leave begins in 2018, the estimated years will be 2016 and 2017.
  • Length of the billing period (in 2016-2017 - 731 days).
  • The number of days that “fall out” from the calculation period due to sick leave, parental leave, etc.

Maternity leave is calculated in the following sequence:

  • the exact number of days in the billing period is calculated (from 731, “outlier” periods of time are subtracted);
  • the average daily earnings are found (the total income for two years is divided by the number of days calculated in the previous paragraph);
  • is the size lump sum payment(average daily earnings are multiplied by the number of days of maternity leave, which is taken from sick leave).

The amount of the benefit must fit within certain limits. In 2018, for 140 days of vacation minimum maternity benefit is 43,615.65
rub. (based on RUB 9,489 for each full month), maximum- RUB 282,106.70

Online FSS calculator

An online calculator on the FSS website will help make calculations easier and pre-calculate the amount a woman can count on after going on maternity leave. It is based on the above method for calculating maternity leave. This is exactly how the amount of an accountant’s allowance is calculated at the enterprise and at the Social Insurance Fund.

You need to fill out the fields carefully:

  • Type of disability (pregnancy and childbirth).
  • Enter the dates of the period of incapacity indicated on the sick leave.
  • If a woman has been on maternity leave during the past two calculation years, she can replace the calculation years.
  • In the “Calculation Conditions” enter the earnings amounts for 2016-2017. (or other billing period), the number of days excluded from the calculation, carefully check the boxes.
  • You can pay attention to the column “Work experience” only if the length of service does not exceed six months in a given organization.

Payment for maternity leave

Payment of maternity leave is made from the Foundation social insurance(FSS). In general, the process occurs in the following sequence:

  • Woman writes a statement to the employer for maternity leave and benefits.
  • The deadline for making a decision at the place of work on paying for vacation and calculating maternity benefits - in the general case 10 calendar days.
  • A certain period of time is allotted for the transfer of money. The employer must transfer funds on the first day of salary payment along with wages for other employees.
  • The employer (the policyholder) initially pays the money from your own funds, and only then the FSS reimburses him for the payment by reducing the insurance premiums payable and/or paying compensation.
  • In some constituent entities of the Russian Federation, where the “Direct Payments” project operates, leave is paid to the woman directly from the territorial body of the Social Insurance Fund (although the application for maternity leave is still written to the employer, its calculation and payment is carried out by social insurance workers). At the same time, the Social Insurance Fund has the right to pay for maternity leave until the 26th of the month, following the filing of an application for maternity leave.

Along with maternity benefits, you can apply for a one-time benefit, which is issued upon early registration with a medical institution. Its size in 2018 is 628.47 rubles. To receive this amount, the employee must provide the employer with a certificate from antenatal clinic and write a corresponding statement.

Conclusion

Maternity leave (maternity leave) is required workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation goes on maternity leave at 30 weeks pregnancy. To do this, you need to register sick leave at the antenatal clinic and provide it to the employer (in educational institution, at the place of duty) and write a leave application.

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once during the entire vacation period under the BiR at the expense of a woman. Maternity benefits are paid to female employees for whom the employer pays insurance premiums.

Do I have the right to issue sick leave for pregnancy and childbirth not from 30 weeks of pregnancy for 140 days, but from 32 weeks? And if I still have this right, will the number of days on the sick leave for these two weeks be reduced or not? The fact is that my obstetrician at the Women's Clinic tells me that she does not have the right by law to issue a sick leave later than 30 weeks. Explain what should I do? Circumstances have turned out that I need to work these two weeks. (Olga)

Answer:

Dear Olga! The expectant mother has the right to decide for herself when to go on maternity leave - 70 days before giving birth, as the law allows, or later. At the same time, according to the rules, a health worker at an antenatal clinic is obliged to issue a sick leave certificate to a woman in any case from 30 weeks of pregnancy and cannot do this at a later date. According to the instructions for the examination of temporary disability, “8.1. For pregnancy and childbirth, a certificate of incapacity for work is issued by a doctor - an obstetrician-gynecologist, and in his absence - by a doctor conducting a general consultation. A certificate of incapacity for work is issued from 30 weeks of pregnancy at a time for a duration of 140 calendar days (70 calendar days before childbirth and 70 calendar days after childbirth). In case of multiple pregnancy, a certificate of incapacity for pregnancy and childbirth is issued from 28 weeks of pregnancy, while the total duration of prenatal and childbirth postpartum leave is 180 days." It is unlikely that you will be able to find a doctor who will take upon himself the responsibility of sending you on sick leave after 30 weeks. If you decide to go on maternity leave later, then simply leave the received certificate of incapacity in your hands and present it to the employer along with an application for maternity leave when you consider it necessary. The employer, in turn, will issue you maternity leave based on this sick leave from the date that you indicate in the application for actual maternity leave. The Social Insurance Fund (SIF) draws attention: if the expectant mother goes on maternity leave not from the 30th week of pregnancy, but later, then the part of the leave that was not used before the birth (and, accordingly, the benefit for this time) does not transfer to the postpartum period. That is, in any case, a young mother can be on maternity leave for no more than 70 days after giving birth (86 days for complicated births, 110 days for the birth of twins, triplets, etc.), and will receive maternity benefits only for those actually spent in maternity leave days. Since the FSS will not allow double payment: both maternity leave and wages, that is, it will not reimburse payment for maternity leave to your employer in the part when you worked and received wages. Some advise taking 30 weeks of maternity leave as required, and for the required time (in your case 2 weeks) drawing up a civil law contract or a contract agreement for the performance of your labor functions, but this is a dubious way out of the situation, since the employer may also have problems with reimbursement tomorrow for your sick leave from the Social Insurance Fund. The legal way to get sick leave discharged after 30 weeks of pregnancy is to register with the housing complex after 30 weeks of pregnancy.

In practice, although not very often, there are still situations when a woman voluntarily does not want to go on maternity leave on time, but wants to do it a little later. The reason for this may be various circumstances: the need to improve to a certain length of service, receiving a larger amount cash, because sometimes wages turn out to be more than the calculated amount of maternity benefits. Some people simply want to finish everything in a responsible position.

An employee has the right to legal maternity leave already at the 30th week of pregnancy, and if this pregnancy is multiple, even earlier - at the 28th. In an earlier period, going on maternity leave is not permissible, since the sick leave will not yet be issued to the employee, and this is the main basis for this action.

Is it possible to go on maternity leave after the 30th week of pregnancy?

The standard date for going on leave is the day seventy days before the expected date of birth, that is, from the 30th week of pregnancy. From this day on, the woman in labor is allowed to take time off. However, in case medical indications You can go on leave earlier. To do this, it is not necessary to get sick; increased fatigue at work and the inability to work effectively are sufficient grounds for taking early leave before the 30th week.

This is not all the components of the maternity leave; after taking time off to care for the child, the mother or other guardian has the right not to go to work for another year and a half, retaining her place. In some cases, this period can be extended to three years. Thus, a woman in labor is allowed to go on maternity leave two and a half months before delivery, that is, from the 30th week of pregnancy, and return to work three or four and a half months after the birth of the baby, but she will receive child support benefits only a year and a half after delivery. True, one compensation payment is accrued until the child turns three years old, but its amount is only 50 rubles per month.

Is it possible to go on maternity leave later than expected?

It is important to take into account that the calculation of the timing of leaving the workplace is based on obstetric calculations. The exact day of the start of the maternity leave is determined by the gynecologist. It is calculated depending on the duration of pregnancy and is carried out from the day when the woman was registered in the gynecology department.

  • sick leave;
  • application for maternity leave in any form;
  • certificate of registration at a medical institution (registration time before the 12th week of pregnancy);
  • certificate of official income for 2 years;
  • passport;
  • account (card) number for receiving funds.

  1. sick leave opens only from the 30th week,
  2. you can continue to work at will and provide sick leave to your employer later, but sick leave will no longer be paid for 140 days, but less for the number of days that you officially worked.
  3. I additionally learned that the documents are submitted to the employer, and “he”, in turn, is obliged to provide them to the Social Insurance Fund within 5 working days, then the Social Insurance Fund pays you the amount of sick leave within 10 working days..

The hospital issues sick leave for maternity leave at exactly 30 weeks and not a day later. But is it possible to go on maternity leave later than expected? To work some more at work (since this is financially more profitable than receiving sick leave benefits). What is needed for this so that there are no problems with accounting and the calculation of salaries and benefits. And if you continue to work, will you receive wages or will you receive sick leave benefits, despite the fact that the employee is working? Who had examples from life?

Is it possible to go on maternity leave later than expected and how to do it?

At the 19th week, an ultrasound examination is performed. Based on its results, you can find out the gender of the unborn child, consider the number of children, and more accurately determine the timing of pregnancy. And also determine the specific date for receiving sick leave for pregnancy and childbirth, which is mandatory for receiving leave.

  • Sick leave (140 days in the standard case);
  • Certificate of registration in the early stages of pregnancy (if available);
  • Application for vacation written in person!
  • Information about a bank card or account (for transferring benefits);
  • Certificate of income for the previous 2 years (if the employee has been working in your company recently, otherwise this information is in your accounting department).

Elena Malysheva: Medicine has made a phenomenal discovery in the field of infertility treatment! An effective remedy has been found to help a woman get pregnant

Today our issue will be enlightened about solving such a serious problem as female infertility. Previously on our TV show we talked about surgery and medications, but very rarely touched on other methods of treatment. Today you will learn about an alternative, but effective means, which is recognized in the scientific community. We will talk about the healing effect of the “Matryona” decoction on the female body.

Studies have shown that the decoction is more effective than medications, because the interaction of these herbs increases the ability to conceive by 9 times! Its unique formula will help defeat gynecological diseases that interfere with natural conception and gestation!

Can an employee go on maternity leave later than the period indicated on the certificate of incapacity for work?

This situation is explained not by a resolution of the FSS, but by a letter from the FSS (Regulatory framework: LETTER OF THE FSS OF RUSSIA dated 08.10.2004 No. 02-10/11-6671 “On the issue of issuing certificates of incapacity for pregnancy and childbirth”). In it, the Social Insurance Fund of the Russian Federation explains that working during pregnancy, with sick leave, is acceptable. However, an employee who worked during a period of temporary disability (pregnancy) is not entitled to maternity benefits for the period of such work.

Thus, if the employee continued to work after receiving a certificate of temporary incapacity for work, then this is completely acceptable and does not contradict current legislation. However, I draw your attention to the fact that paying such an employee maternity benefits for the period when the employee continued to work is unlawful.

Is it possible to go on maternity leave later than 30 weeks to get more maternity benefits?

The calculation period for maternity benefits will be made for 2014 and 2015 - the entire two years worked are taken, before the year of the insured event.
An approximate calculation of benefits is as follows: Sum up the payments for these periods (with the exception of sick leave, days if you were released from work without accrual of wages - if any), then divide this amount by 730 (the total number of calendar days). multiply the result by 140.
The amount received is your payment under the BiR. This benefit is paid in a lump sum in total for the entire vacation period.

If you are 30 weeks pregnant approximately on November 20, then you will be issued a sick leave certificate FOR the PERIOD from November 20 to April 1 (140 days). Even if you apply for sick leave from January 1, 2020, then the ISSUANCE DATE will be January 1, 2020, and the DURATION of sick leave is still valid from November 20 - this day is the day the insured event occurred, from which the start of maternity leave begins .

At what period (month, week) do they go on maternity leave?

  1. How many months (weeks) do maternity leave go in most cases? In the absence of special features in a woman’s life (usually related to the unfavorable ecology of the place of residence or work) or the process of bearing a child, maternity leave is taken at 30 weeks of pregnancy (this is about 7 months) for a period of 140 days (70 days of prenatal and 70 days postpartum).
  2. From what week do they go on maternity leave if more than 1 child is expected (twins, triplets, etc.)? In this case, the woman has the right to maternity leave at 28 weeks of pregnancy and can stay on it for 194 days (84 prenatal and 110 postnatal). If it is discovered during childbirth that there are several babies, then the woman will be given another 54 days in addition to the 140 days of regular maternity leave.
  3. If the birth was difficult, then in addition to 140 days of maternity leave, the woman will receive another 16 days for recovery.
  4. How long does it take to go on maternity leave if a child is born prematurely? If childbirth occurs from 22 to 30 weeks (that is, before what time they usually go on maternity leave), maternity leave of 156 days is issued from the date of birth.
  5. How many weeks do people go on maternity leave due to living conditions? Women living or working in areas contaminated due to accidents at the Chernobyl Nuclear Power Plant and the Mayak production association, as well as the discharge of radiation waste into the Techa River, have the right to go on maternity leave at 27 weeks, since this category of future Mothers are given 90 days of maternity leave before giving birth. Together with the required 70 days of leave after childbirth, maternity leave for this category of women will be 160 days.

An interesting nuance. Doctors calculate the length of pregnancy in weeks, and therefore what time they go on maternity leave, from the day the patient registered for pregnancy. If registration occurred, for example, on Tuesday, then maternity leave will begin on Tuesday. Knowing this, you can predict what time you will go on maternity leave and adjust this moment to your needs.

Is it possible to go on maternity leave later (later than 30 weeks)

  1. I would try to negotiate with a doctor in consultation. Our doctors agree to do this, although in some medical recommendations it is the doctor’s duty to issue sick leave at 30 weeks. But it can be at the beginning of the 30th week, or it can be at the end. My colleague went on sick leave at 36 weeks because she was on vacation, the doctor agreed to this, I left at 31 weeks both times. Yes, in this case there may be problems with the FSS, as it is written in the laws, but in reality everything works out.
  2. Take sick leave and work. But I doubt that the employer will pay both sick leave and salary. When I went on sick leave last year, I studied this issue; the laws say that sick leave is paid from the moment you actually go on sick leave, that is, not 140 days, but less.
  3. Some doctors are afraid to issue sick leave later than 30 weeks, due to the same legislation.

It is nonsense that sick leave is issued only at 30 weeks and not a day later. Receiving sick leave, and with it release from work, is the patient’s right, not an obligation, and if you know your rights and can defend them, then no one will ever dictate anything to you and there is no need to cheat. My eldest daughter when she had to go on maternity leave with her second child, at 28 weeks she warned the doctor that she would not receive sick leave at 30 weeks, wrote on the card that she was familiar with her right to receive sick leave at 30 weeks, but refused to receive it during this period, wrote a receipt that she herself was responsible for her life and health and for the life and health of the child and she was given sick leave when she asked, she went on maternity leave at 32 weeks, she simply promised to finish the work that no one else would have done except her, She is a design engineer and was just finishing her project. She felt good, her work was a three-minute walk from home, it wasn’t hard for her to work, so she wasn’t in much of a hurry. Now we have a nice, healthy Mitka, she gave birth normally and wasn’t particularly nervous at the antenatal clinic, she simply persistently and with reference to the laws stated her request to the doctor and the manager and got what she wanted, as a result everyone is happy: her daughter finished her work and received very good money , the doctors relieved themselves of responsibility, which is actually what they needed, and my grandfather and I got a grandson. Sick leave was paid as expected, 140 days.

31 Jul 2018 2043

For women who are officially employed, sooner or later the question of maternity leave arises. But these terms are not suitable for everyone. Some want to leave before the allotted time, while others prefer to work, as they say, “until the last minute.” Today we’ll look at whether it’s possible to go on maternity leave later and how not to lose cash payments.

While expecting a baby, every woman experiences changes in her body. As the fetus grows, it is subjected to heavy loads.

By the end of the 30th week, it becomes difficult for expectant mothers to move, swelling of the limbs and back pain occur. Therefore, you can go on maternity leave for 30 weeks. She will be able to prepare everything necessary for the birth of the baby.

The maternity leave conditionally includes maternity and child care leave.

Maternity leave dates depend on several factors:

  1. During a singleton pregnancy, the mother can safely go on vacation after reaching 30 weeks;
  2. A woman expecting twins can expect to be placed on maternity leave at 28 weeks;
  3. Workers living in areas with poor ecology can go at - 27 weeks.

Maternity leave for pregnancy lasts about 70 days before the onset of labor and 70 days after the birth of the baby. If two children are born, then you can count on a larger number of days: 84 days before the birth of the children, and 110 days after their birth.

So, we can say that you can go on maternity leave after reaching 30 weeks. Only if there are any complications, maternity leave can be reduced.

How to correctly calculate the date of your maternity leave

When registering at the clinic, 40 weeks of pregnancy are calculated to determine the date of expected birth. This calculation is approximate. Only after the first screening will it be possible to objectively say about the expected timing of the birth of the child.

It is determined depending on the development of the baby in the womb. Then you will be able to clearly understand in what dates you can receive sick leave for maternity leave.

Depending on the number of children and the course of pregnancy, the timing of maternity leave may vary. A woman who is expecting twins can safely apply for maternity leave upon reaching 28 weeks, and in case of complications, she can count on paid maternity leave starting from 27 weeks.

In case premature birth, sick leave has already been issued for 156 days, and maternity leave has already been issued urgently.

Not only pregnant women, but also those adopting can apply for maternity leave infant. In this case, a vacation of 70 days is provided.

The date of departure directly depends on the condition of the pregnant woman. If the pregnancy progresses well, the employee goes on maternity leave at the required 30 weeks.

In case of health problems, the woman in labor can leave three weeks earlier due date. In this case, there will be no more payments; they will be calculated based on earnings, but in no case will they exceed the amount established by the state.

Is it possible to go on maternity leave later?

Working women are entitled by law to paid maternity leave. Of course, the amount of the benefit will not correspond to the salary of the expectant mother. Therefore, most female workers express a desire to work until the last minute.

According to the law, this option is not prohibited, but for the employee the amount of cash payments she will receive from the state will be slightly modified. In such a situation, the number of days that the expectant mother worked at the enterprise and for which she received wages will be deducted from the maternity days provided by law. When making such a decision, it is necessary to contact the antenatal clinic and warn that she has decided to postpone her maternity leave for a certain period of time.

There are exceptions, based on which it is possible to retroactively apply maternity leave. This happens if the body still cannot cope with the stress, and there is a threat of premature birth. Then the employees of the antenatal clinic have the right to issue sick leave retroactively.

It is possible to go on maternity leave later than expected, but there is a risk of losing part of the benefits that a woman should receive for pregnancy and childbirth. It is worth weighing everything before making such a responsible decision. After all, if the salary is several times higher, then you can shift your maternity leave.

How can you officially move maternity leave?

Comparing the amount of official benefits and wages, any woman wants to receive decent wages as much as possible. Therefore, the question is about staying at work for as long as possible and receiving wages in full size. When applying for maternity leave, the question arises whether it is possible to receive payments, but at the same time remain at your job.

It is possible to receive full maternity benefits and remain at work. Only in this case, it is necessary to reach an agreement with management. So, a woman takes out a legal maternity leave and continues to work, and her salary is calculated under the guise of bonuses.

In this case, the woman has the right to devote a minimum amount of time to work. You don't have to sit full time. It is enough to show up at work 2-3 hours a day to complete the required amount of work.

In this case, good relationships with management will come into play. If it is possible to reach an agreement, then it is worth trying on mutually beneficial terms.

Thus, if a woman decides to officially postpone her vacation, then she needs to think through all the nuances in advance. It is possible not only to receive maternity benefits, but also to receive wages by performing simple tasks at work. Worth supporting good relationship with management so that in the future there will be an opportunity to agree on partial payment during maternity leave.

Is it profitable?

If you decide to go on maternity leave after 30 weeks, it is worth considering whether this will be beneficial for you. Indeed, in this situation, you are not insured against possible risks:

  1. Premature birth. Labor can begin at 32 and 38 weeks. At this stage, the woman will not receive full payments.
  2. There is a risk of not receiving full wages. After all, a woman can work for only a few weeks, for which she will receive only part of the salary, and will lose part of the cash payments.
  3. Deterioration of health. At such times, it becomes more difficult for a woman to move around and maintain a full work schedule. Firstly, this is fraught with poor health and a threat to life for the expectant mother and her child. Secondly, if your health worsens, the work done will not always be productive.

In order to make it profitable to go on maternity leave later than planned, it is necessary to maintain a good relationship with the employer. Then a woman can safely go on maternity leave at 30 weeks, and at the same time remain at work, without threatening her own health and without losing money.

Is it possible not to take maternity leave?

When the time comes for maternity leave, the question becomes: is it possible not to take it at all? It is possible only if the mother wants to secure a job and return to her duties immediately after the birth of the baby, or rather, 70 days after his birth. Thus, a woman in labor will receive maternity benefits, and any relative can receive cash payments for child care.

Thus, not only a pregnant woman, but also her immediate relatives can go on maternity leave. They can be not only the husband of a pregnant woman, but also her mother or father.

Which relatives are entitled to maternity leave?

Few people know that not only mom and dad, but also their parents can apply for maternity leave. Accordingly, both grandparents can go on maternity leave.

Many grandparents fear that they will simply lose their work experience, which affects the timing of their retirement. Grandparents have exactly the same rights as mom and dad. The employee retains his job for three years. At the end of maternity leave, both grandparents can easily return to their positions.

If the parents of a woman in labor have expressed a desire to sit with their grandson, then they need to provide documents to register the maternity leave. To do this, it is enough to provide the employer with an application and a birth certificate.

In addition, until the child reaches one and a half years of age, the grandmother or grandfather will receive a care allowance. It is important to understand that the benefit will be calculated based not on the mother’s salary, but on the income of the person for whom the maternity leave is issued. Payment will be calculated as a percentage of wages for the last two years.

How much will relatives who go on maternity leave instead of a working woman receive?

Cash accruals that are paid for child care will be accrued only for officially employed persons. A prerequisite is regular cash contributions to the state insurance fund of the working population.

The accruals amount to about 40% of the average salary over the past two years. The amount of cash payments should not exceed the amount established by the state. The maximum amount of money that is paid to a relative who goes on maternity leave is usually fixed and should not exceed 24 thousand rubles per month.

There are some restrictions on cash payments. If a grandmother or grandfather goes on maternity leave not for the first time, then the amount they will be able to receive is reduced significantly, and will be only three thousand rubles a month.

In addition to cash receipts, which are accrued until the child reaches one and a half years old, the mother is entitled to maternity benefits. It is important to understand here that only a woman who is expecting a child can receive accruals. None of her relatives have the right to claim this category of cash payments.

In addition, cash payments for pregnancy and childbirth also have certain restrictions. Thus, the amount of cash accruals cannot exceed 60 thousand rubles per month. This is the maximum amount a wife can receive.

The parents of the expectant mother have the right to be on maternity leave and work part-time, while the amount of cash payments remains the same. This option is absolutely legal and does not affect anything.

Thus, not only the mother of the unborn child, but also her immediate relatives have the right to receive cash payments for child care.

Documents for registration of maternity leave

When going on maternity leave, many women wonder what documents they need to collect in order to receive cash deductions. First of all, you need to obtain a certificate, which is issued at the antenatal clinic about reaching the 30-week period. Based on this document, the employee must write an application addressed to her employer to begin processing her maternity leave.

To receive benefits, you must collect the following package of documents:

  1. A certificate from a medical institution, which is issued for 140 days, in case of a single pregnancy and its normal course;
  2. Document on early registration with the antenatal clinic;
  3. Application addressed to the director of the company where the woman works;
  4. Income form for the last two years.

A pregnant woman has the right to receive cash benefits for pregnancy and childbirth. When calculating these payments, remember that they amount to 40% of a woman’s salary.

Sometimes a woman has to choose, either stay at work and receive a salary, and the cash benefits are reduced significantly, or be part-time at the workplace and receive bonuses at work for the volume of tasks completed.

In addition, if work is so important for a woman, then not only mom or dad, but also grandparents can go on maternity leave. At the same time, without losing your job and work experience, which affects your pension.

To receive maternity leave, you don’t need to collect a large package of documents, just get the edit from the antenatal clinic and write applications, and wait for the first ones to arrive maternity payments. It should be remembered that only the first year and a half of child care is paid, the remaining year and a half is not.

But the job is retained for three years. Based on this, relatives can safely help raise the child without fear of losing their jobs and without losing the earnings they received in their position.

How can a grandmother go on maternity leave and receive points and benefits in 2019:

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