What is maternity leave and who is entitled to it?

Parents of newborn children are one of the socially vulnerable categories of families.
After all, during childbirth and the postpartum period, a woman cannot go to work, because she must care for the child. Therefore, various types of benefits are provided for it. These include maternity payments and care benefits for up to 1.5 years. Maternity payments are a special form of assistance. Unlike other benefits, they are awarded exclusively to the mother (for example, care for a child under 1.5 years old can be provided by the father or even another relative with the payment of benefits).

True, not all women are assigned maternity leave. The list of recipients is indicated in Art. 6 of Federal Law No. 81-FZ of May 19, 1995. The list includes the following categories of mothers:

• officially employed;
• those in the civil service or serving under a contract;
• full-time students;
• dismissed due to liquidation of the organization no more than 1 year ago.

Men and simply unemployed women are not entitled to this payment. Payments are made through the employer, the Social Insurance Fund or social security (depending on the status of the woman in labor).

Link to document: “On state benefits for citizens with children”

Design nuances

The Labor Code of the Russian Federation allows the expectant mother to go on basic leave before maternity leave. In this case, you can not take into account the vacation schedule, length of service, priority and other factors. This implies that it is impossible to refuse leave. This is done through an application.

This is important to know: How to apply for paid parental leave for a child up to 3 years old

In general, not every pregnant woman experiences any difficulties, inconveniences or discomfort when carrying babies. Some feel well throughout the entire period. And that’s why they are in no hurry to go on maternity leave. Moreover, a full day of work is paid differently than a day of incapacity for work. In addition, you can also count on a bonus.

Often women, when receiving a certificate of incapacity for work at the antenatal clinic, are not provided with it at their place of work. What should an employer do in this situation? He needs to make the calculation not from the date indicated on the sick leave, but from the date of writing the application for maternity leave.

What to Consider When Adopting Two or More Newborns

Employees of the organization who have adopted two or more children are granted leave for 110 calendar days. Paid holiday. To do this you need to provide the following documents:

1. An application with the deadlines indicated therein.
2. The court's decision.
3. Birth certificates of children.

Employees can also take parental leave for children up to three years of age.

Vacation for part-time workers

Maternity leave for both singleton and multiple pregnancies is issued simultaneously in all organizations where the expectant mother works.

Each enterprise pays one-time benefits. But the procedure for applying for vacation is the same. By the way, care leave for up to 1.5 years is paid only from the main place of work. But it can also be completed at the place of part-time work.

When it’s not the mother who goes on maternity leave with the kids

Of course, pregnancy and childbirth are only a woman's privilege. But, for example, parental leave for children under 3 years of age can be taken out by both the father and another relative.

The father of twins or triplets must collect the same package of documents for his organization as the mother. They have no right to refuse him.

Separately, I need to say about my grandmother. She can go on maternity leave only if she is officially employed. While you are retired, you cannot take maternity leave.

Fringe benefits

According to the presidential decree of May 7, 2012, families in need of social support are paid an allowance for the third child equal to the subsistence level. This value is different for each subject. But currently there is a trend towards the abolition of such payments due to the budget deficit. But not all regions abandoned this measure of social support. Therefore, parents of twins who have an older child, triplets, are entitled to receive benefits. Only for this you need to collect a package of documents confirming that the family belongs to the low-income category.

And also in this case (the birth of twins, when there is an older child, the birth of triplets, etc.), the parents (mother) can receive regional maternity capital, if it is provided for in the subject of the Russian Federation in which the children were born.

Advantages of maternity leave for twins

Not every modern woman is ready to bear and give birth to one child. Mothers with multiple pregnancies are even less common. They, in comparison with those who are expecting their first child, have the following preferences for maternity leave:

• increase in duration;
• increase in maternity benefits.

Some suggest that for 2 children the required maternity payment is paid in double amount. This statement is incorrect , because the amount is determined based on the average salary and duration of vacation. It turns out that the amount of maternity leave increases precisely because of the longer vacation period.

However, some benefits are still paid for each child. For example, this applies to child care benefits up to 1.5 years old.

In the event of the birth of 2 children at once, the mother automatically gets the opportunity to register maternity capital (in 2021 - 639,432 rubles).

Duration of maternity leave for twins

The duration of maternity leave (Maternity leave) is defined in Art. 255 Labor Code of the Russian Federation. How many days a woman will rest depends on the number of children expected and the presence of complications during childbirth.

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During a normal pregnancy, a woman rests for 140 days. If complications occur during childbirth, another 16 days are added (i.e., a total of 156 days). What about mothers who are expecting two children at once? For them, regardless of the presence/absence of complications, maternity leave is established for a period of 194 days.

Benefits for maternity leave for multiple pregnancies

So, expectant mothers expecting twins (triplets, etc.) should know:

1. Maternity leave (if pregnancy and childbirth proceeded normally) for multiple pregnancies increases to 194 days.
2. Benefits for each child are paid separately, and, therefore, in total they double.
3. In some regions, additional payments are provided to parents of twins, triplets, etc. The amount depends on the budget.
4. Maternity leave and benefits can be issued to grandparents, father, etc.
5. Maternal capital. There were only one birth, but the number of children born was two, three or more. Therefore, mothers of twins can receive capital, and mothers of triplets can also count on regional capital, if it is provided for in the subject.

This is important to know: Vacation followed by dismissal: 6 personal income tax

When do you go on maternity leave with twins?

In Art. 255 of the Labor Code of the Russian Federation establishes not only the total duration of maternity leave, but also how long before giving birth a woman can arrange for it. From here it is easy to calculate from what week you can stop working (similar recommendations are also given in the antenatal clinic). If twins are expected, then the expectant mother can write a statement and stop working as early as the 28th week of pregnancy (with one child - from the 30th week). Then she can rest:

• 84 days before birth;
• 110 days after the birth of babies.

Unfortunately, the birth of twins is more difficult than the birth of the first child. Sometimes only one of two children survives. How to be in this case?

The duration of leave due to the birth of a stillchild cannot be reduced if it was taken out before the birth of the baby.

There are also situations when neither the woman nor the ultrasound determines the pregnancy as multiple. As a result, the expectant mother takes out maternity leave at the 30th week for a period of 140 days. During childbirth, 2 babies are born at once. What should a woman in labor do in this case? By law, she is entitled to 194 days of leave. Since before the moment of birth she rested only 70 days, she can use the remaining 124 days after. True, you will have to write a new application addressed to the director (or social security). Then you must make an additional payment for additional vacation days.

Example . Emelyanova was expecting 1 child. She went on maternity leave at 30 weeks and received benefits for 140 days. As a result, she gave birth to 2 children prematurely (68 days after going on maternity leave). How long can she remain on maternity leave? Since two children were born, they are entitled to 194 days of maternity leave. 68 of them have already been taken off, which means there are still 126 days left. Additionally, Emelyanova must be paid for 54 additional days of maternity leave.

General information about maternity leave

People commonly call maternity leave both maternity leave and parental leave. In a legal context, there are different types of leave provided to an employee. Their common name is disability leave.

• for pregnancy and childbirth - given before the birth of a child in the late stages of waiting, so that the employee can freely and without taking into account work obligations prepare for an important event and recover from it;
• for care - this type of leave can be received not only by the mother, but also by the father, if he is the one who is caring for the newborn, also any other legal guardian has the right to claim such a benefit and, in addition, receive a monthly allowance; leave is given until the child reaches 1.5 years of age;
• for care in the regions - previously there was a federal program of social assistance for families caring for children under 3 years of age, but the complexities of the budget system forced it to be suspended and the powers to implement it were reduced to the level of constituent entities of Russia.

Thus, maternity leave usually means the first two vacations, which together last at least 2 years.

How long does maternity leave last?

The first type of leave in a standard situation is 140 days, of which a woman receives 70 days to prepare for childbirth, and 70 days for rehabilitation after childbirth. A woman has the right to go on this leave after 30 weeks, i.e. 2 months before the PDR. In months, maternity leave lasts about 5 months.

In the case of a multiple pregnancy, an employee can go on maternity leave after 28 weeks, and the total period of maternity leave will be 194 days, of which 84 are given for rest before childbirth, since with twins it is much more difficult to endure any type of physical activity. 110 days are provided for the postpartum period.

It is a rare case that a woman does not know about twins, but if this happens and she receives a standard maternity leave, then 54 missing days will be added to the postpartum period and the vacation will still be 194 days. As a result, maternity leave for someone expecting twins lasts almost 7 months.

Often, pregnant women increase their maternity leave due to regular labor leave, the right to which they do not lose during pregnancy. Also, according to the doctor’s testimony, a woman can go on maternity leave earlier than the legally established period on sick leave.

Practical aspects

At her personal request, an employee can waive her right to leave upon reaching 28 weeks and continue to work. During the period of such work, she will be paid wages in the usual accounting manner, but the amount of maternity pay will be reduced. Also, the days of prenatal maternity leave will be lost forever; it is impossible to transfer them to another period.

This is important to know: Vacation after sick leave: calculation of vacation pay

To go on maternity leave, an employee receives sick leave (sick leave) from the doctor under whose supervision she is. This sheet is prepared and provided by a doctor from the antenatal clinic. If a woman lives in a municipality where there is no antenatal clinic, then a family doctor or even a paramedic.

When preparing the sheet, you need to agree with a specialist on the units of period used - obstetric or gestational weeks of pregnancy, because the obstetric period is 2 weeks longer and allows the woman to go on maternity leave earlier. The days of prenatal and postpartum rest are already included in the sheet, and with an increase in postpartum leave, the maternity hospital issues another sick leave.

Then the woman draws up an application for disability leave in connection with pregnancy and childbirth, attaching to it:

• sick leave;
• income certificates for the previous 2 years - issued by the same accounting department, necessary for calculating maternity benefits
• certificate of registration at the antenatal clinic;

After this, the woman can go on her first vacation.

Payment amount

While expecting twins, a woman may decide that maternity benefits should be paid to her in double the amount, because she is giving birth to 2 children at once, which means that the cost of maintaining them increases. But this judgment is incorrect, because the size of the payment is formed based on two indicators:

• duration of maternity leave;
• salary for the last 2 years (the average value is taken).

If a woman was not employed at the time of pregnancy, then the calculation is made not on the basis of salary, but on other accruals (scholarships, allowances, in the event of liquidation of the enterprise, a fixed daily payment is established).

You also need to take into account the minimum and maximum payout values. In 2021, in terms of 1 day, they are:

• no more than RUB 2,430.92;
• not less than 419.98 rub.

It turns out that for multiple pregnancies in 2021, the payment will be in the range of 81,476.12 - 471,598.48 rubles. for the entire period of maternity leave.

Example . Michurina worked at the age of 4. Here she went on maternity leave, expecting twins. Her average salary for the last 2 years is 1,117 rubles. in a day. What will be the amount of maternity pay? Since Michurina is expecting 2 children at once, her leave is issued for 194 days. It turns out that the payment will be 216,698 rubles. for the entire period of maternity leave.

When should they pay?

A woman, upon learning of her pregnancy, must notify her employer. For example, it may be necessary to transfer her to easier working conditions or reduce working hours. Immediately at the 28th week (or earlier, if there is evidence for it, but then sick leave is taken first), the woman should be allowed to go on maternity leave. The expectant mother should act like this:

1. write an application for maternity leave;
2. submit it along with the papers to the employer (sick leave);
3. wait for the order to be issued and the money to be transferred (10 days are given to review the documents, the money is transferred on the next payday).

If the employee has not worked for this organization for the entire 2 years, she will need certificates from previous places of work. By the way, payments can be made directly to the Social Insurance Fund, but the list of papers will be longer (you need a passport, a special certificate). Therefore, female workers prefer to contact their employer. The payments will be the same, but the paperwork will be much less. Moreover, you will still need to notify your employer about going on maternity leave.

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