What week do they go on maternity leave and how to properly go on maternity leave in Russia in 2020

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When do people go on maternity leave in general?

How long does it take to go on maternity leave in special situations?

How many weeks do they go on maternity leave if it is combined with annual leave?

What time do those who register late go on maternity leave?

From which week is maternity leave if the birth did not take place on time?

When are surrogate mothers supposed to go on maternity leave?

Results

When do people go on maternity leave in general?

A pregnant woman is an object of increased care and attention of the state. The regulations for taking maternity leave (Maternity Leave) are prescribed in labor legislation (Article 255 of the Labor Code of the Russian Federation).

If the pregnancy proceeds normally, without complications, maternity leave begins 70 days before the onset of childbirth and ends after the same period after the birth of the child.

When the duration of pregnancy is 30 weeks, the expectant mother receives a sick leave certificate for all 140 days required by law. The procedure for issuing it was approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n.

Not every medical worker has the right to issue sick leave, but only:

• obstetrician-gynecologist,
• general practitioner or family doctor (if there is no obstetrician-gynecologist),
• paramedic (in the absence of previous specialists).

You can find out more about how the B&R benefit is calculated from the articles in the section “Procedure for calculating maternity benefits (2019-2020).”

How to apply

To apply for maternity leave and receive all due payments, you must take the following steps:

1. Upon confirmation of pregnancy, register with a gynecologist.
2. Receive a certificate of incapacity for work according to the BiR within the period specified by the doctor.
3. Provide the following documents to the accounting department, human resources department or secretary of the organization:
   sick leave and doctor's certificates (originals);
4. passport (copy);
5. Bank details for benefit transfer.
6. Fill out an application for maternity leave and payment of benefits under the BiR. If in the 2 years preceding maternity leave, the employee changed jobs, it is necessary to provide certificates of income from previous places to clarify the calculation of benefits.

Sample application:

1. Attach a list of documents.
2. Read the order and endorse your agreement with the text of the document.

The birth of the child must be confirmed by a certificate. The woman in labor provides a copy of it to the manager.

If the birth was complicated and there is a need to increase the period of postpartum recovery, you must bring a new sick leave certificate and write an application for recalculation of benefits.

After the end of the postpartum period, a woman in labor has 2 options:

• apply for parental leave;
• go to work, shifting the responsibility of looking after him to relatives.

In this case, any family member can take leave.

How long does it take to go on maternity leave in special situations?

If the doctor determines that more than one child is expected, sick leave is opened from the 28th week of pregnancy. The postpartum period in this case will last not 70, but 110 days.

If it is not possible to determine that the child is not 1 before the birth, the leave is increased by 54 days after multiple births.

Those living in an area exposed to radiation are given 90 extra prenatal days by law.

In case of childbirth with complications, only the postpartum period is extended by 16 days.

For those who gave birth before the benefits were assigned in the period of 22–30 weeks, sick leave is immediately opened for 156 days in the hospital where the birth took place.

See also “When they give sick leave for pregnancy and childbirth.”

If you doubt whether you have correctly determined the date for going on maternity leave, use advice from ConsultantPlus experts. Get trial access to the system and check your calculations for free.

How long is maternity leave?

The following facts influence how many days maternity leave lasts:

• uncomplicated pregnancy;
• official confirmation of the birth of two or more children;
• diagnosing delivery with complications.

In view of these aspects, the following duration of maternity leave is assumed:

• 140-day period (includes 70 days before expected delivery and 70 days after delivery);
• 194-day period (includes 84 days before the birth of the child and 110 days after registration of this fact);
• 156-day period (in case of a caesarean section, the period is increased by another 16 days).

Taking into account the latest changes in the current legislation, it is proposed to allocate the following periods of leave for pregnancy and birth of a child:

• when diagnosing premature delivery (before 30 weeks), maternity leave begins from the moment the child is born
  ; its duration is 156 days;
• if it is confirmed that a pregnant woman lives in an environmentally unfavorable area, the rest period will be 160 days (the prenatal period will be 90 days).

clear definition of the timing of maternity leave in the case of artificial insemination

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In such a development of events, the medical institution independently determines the duration of the maternity leave.

There is also regulation of leave when adopting a newborn child. In this case, the vacation will be presented for a period of 70 days.

If more than two children were adopted, then the gap increases to 110 days.

This is interesting! What payments are due at the birth of the first child?

In order to accurately calculate the date of going on maternity leave, a calculator is used to calculate maternity leave.

. This calculator takes into account the following indicators:

• first day of last menstruation (LDM);
• expected date of birth (EDD).

Read more: Can the heating be turned off during the heating season?

By comparing them, the date of maternity leave is calculated.

How many weeks do they go on maternity leave if it is combined with annual leave?

To extend maternity leave, you can first go on annual leave or do it after the B&R leave ends.

The administration of the enterprise has no right to prohibit this (Article 260 of the Labor Code of the Russian Federation).

If the date for maternity leave occurs while you are on annual leave, further developments depend on the woman’s choice.

She can write a statement and go on maternity leave without waiting for the end of her annual leave, from the date indicated on the sick leave. The employer is obliged to postpone the remaining days of the main vacation, following the provisions of Art. 124 Labor Code of the Russian Federation.

Or you can use the main leave in full, in which case the maternity leave will begin immediately after the end of the main one.

Features of the legal regulation of maternity leave according to labor legislation

The decree is divided into two parts. The first includes sick leave and is aimed at preparing a woman for obstetric care. The second, in turn, involves rest associated with caring for a newborn, as well as a period of time until the baby turns 1.5 years old. The latter can be extended until the child reaches three years of age.

Sick leave is issued at a medical organization. The document received by the expectant mother is transferred to the employer for processing the order. The employer has no right to refuse to provide leave. At the same time, it is important to know from what week a woman has the right to retire.

Maternity leave is also divided into two parts. The first, prenatal, is issued for 70 days and is paid monthly. The second begins after the baby is born and is also provided for 70 days upon application written by the employee before maternity leave. The order is generated by the employer's personnel service and signed by the head of the organization.

It is worth noting that the indicated periods may increase depending on the course of pregnancy. So, when expecting several babies, an employee can count on rest for 84 and 110 days, respectively.

Important! Many workers do not realize the difference between maternity leave and the period of time associated with child care. However, these are completely different vacations, for which separate applications are generated.

There are cases when, during pregnancy, work is affected by factors related to the job responsibilities assigned to the employee. If a pregnant woman works in difficult conditions or in hazardous work, then she should be transferred to a simpler job. The average wage remains the same.

In the event of a premature birth of a child, the employee has the right to demand 156 days in order to regain strength after childbirth with complications. The duration of the vacation is established according to the general procedure.

Question:

Does a woman have the right to go on maternity leave later than the period established on the sick leave?

Answer:

By law, a pregnant woman has the right to go on sick leave later than the date provided for this. For example, not 70 days before the birth of the baby, but 40 days. The employer cannot interfere with such a desire of the employee. With a shortened period of maternity leave, the situation is the opposite. So, if it is necessary to start working earlier, a woman should discuss this issue with her employer. Approval is required to ensure that a temporary employee holding a maternity position leaves in compliance with all procedures established for this case

What time do those who register late go on maternity leave?

It is recommended to register with a antenatal clinic in the early stages of pregnancy (up to 12 weeks), but not everyone does this. Sometimes women, for some reason, continue to work and consult a doctor when the 30 (28) week period has already passed.

In this case, sick leave must still be issued. The doctor will determine the expected date of birth, count back the required 30 (28) weeks from it and open a sick leave certificate from this date.

If a woman refuses to receive a certificate of incapacity for work within the prescribed period (this must be recorded in writing by a doctor), and then applies for it again, the document is issued for all days required by law, but not from the moment of the second application, but as expected, starting from 30 ( 28) weeks.

A woman on maternity leave on maternity leave is entitled to a benefit paid 100% from the Social Insurance Fund. ConsultantPlus experts explained in detail how to correctly calculate the amount of benefits in various situations. Get trial access to the system and review the calculation example.

What actions are taken before an employee goes on maternity leave?

How long does it take to go on maternity leave in Russia in 2020? A doctor who monitors a woman’s pregnancy gives a clear answer to this question. He calculates the date of release from work. The employer can only accept a certificate from the gynecologist, pay the employee the money at the specified time and send her on vacation on time. A pregnant employee will have to take the following steps:

1. At the beginning of the 30th week, go to the obstetrician-gynecologist and get a sick leave certificate (if the woman is carrying 2 children, it is issued to the woman already at 28 weeks).
2. Submit to your boss an application for maternity leave for the period specified by the doctor. Attached to it:

• sick leave;
• paper from the gynecological consultation that registration was carried out on time;
• photocopy of passport;
• details of the bank account where maternity payments will be received.

1. In the application, enter the requirement for the accrual of the appropriate benefit.
2. Sign the order indicating the day of release from work.

Now you know exactly when pregnant workers go on maternity leave in our country in 2020. The expectant mother must know this information. Study the conditions for going on maternity leave described above and follow them based on your actual situation.

Sample application for maternity leave.

Results

Neither the doctor nor the employer can change the timing of maternity leave at their discretion. Only if she makes her own decision can the expectant mother go on maternity leave for a period longer than 30 (28) weeks.

Regardless of what week expectant mothers in labor go on maternity leave and when they return from it, sick leave cannot be issued for a period of less than 140 days.

You will learn about who, besides the mother, has the right to receive benefits from the article “Is maternity benefit subject to personal income tax?”

Sources: Labor Code of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

When is it legally possible to go on maternity leave earlier?

The law specifies how many weeks people go on maternity leave. There are no exceptions for which sick leave is issued earlier. However, pregnant women can stop working earlier if they wish. This opportunity is provided by Article 260 of the Labor Code. According to it, annual leave should be given to women regardless of the schedule.

This is interesting: What is “registration at the place of stay”?

You have the right to take vacation days at the beginning of your pregnancy or after giving birth. If there are financial difficulties, then you can receive monetary compensation instead of extra days of rest, and then, if desired, invest them by looking at the best interest rates on deposits.

Important: you can go on leave before maternity leave, regardless of how long the woman has worked in the organization.

If you have been working in a company for less than 6 months, then this fact will not become an obstacle to additional rest. To finish work earlier, you need to calculate how long you will go on maternity leave and write an application addressed to your manager. It sets out a request to receive annual leave, which will later turn into maternity leave.

If you have previously taken vacation days, then you will not be able to go on maternity leave before 28-30 weeks of pregnancy. If you feel unwell, you should contact your doctor with complaints - the medical professional is obliged to take action. In some cases, patients are sent to a day hospital for observation and stabilization of health, during which time they are given a sick leave.

Registration process

You need to take going on maternity leave seriously, because receiving benefits and maintaining your position and salary during your absence from work depend on it. The procedure itself is quite simple:

• register with a public or private clinic, undergo examinations and receive a sick leave certificate from a gynecologist;
• write and submit an application for maternity leave;
• contact the HR department and submit the documents (be sure to keep a receipt stating that the papers were accepted!);
• go on vacation within the specified time frame and receive benefits in the manner prescribed by law.

Documents for registration of maternity leave
To successfully resolve all formalities, it is important to have correctly completed documentation. Let us study in detail the features of the content and filling out the required papers:

1. Application from a pregnant woman - written to the director of the company, indicating detailed details of the organization, personal data of the applicant, her place of registration and residence, etc. It is necessary to indicate the preferred method of payment of benefits, bank card details, date of completion and signature.
2. A certificate of incapacity for work (also called maternity leave or simply sick leave) as a document of strict accountability must have a unique number and be issued on official letterhead. It is partially filled in with data by the employer, and partially by authorized employees of the medical institution. Fill out the fields in large block letters (manually or on a printer), only in Russian, avoiding mistakes and strikethroughs. If inconsistencies or blots are identified, the sheet will have to be rewritten.
3. An order for granting leave due to pregnancy is generated by the HR department most often using standard form No. T-6 (a customized version is allowed) and contains information about the name of the company, date of issue and document number, full name of the employee going on maternity leave, grounds for providing vacation, its start and end date, as well as the initials and signature of the manager.

Video - How to apply for maternity leave: when they go on maternity leave, payments

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Benefit provided for on maternity leave

If a woman goes on maternity leave, she can receive funds to maintain her standard of living in the form of benefits and compensation. Thus, payments are calculated based on the employee’s total income for the last 24 months (in terms of days). They are multiplied by the period indicated on the sick leave certificate.

The benefit is transferred once at the very beginning of the vacation. Compensation, in turn, is paid in accordance with the salary payment schedule. It is worth noting that the benefit is calculated for all days that the employee rests due to maternity leave. In this case, the amount of material support cannot be lower than the minimum wage. The benefit is not subject to taxes, and also does not require the transfer of funds for insurance needs (Unified Social Tax, contributions to the Pension Fund of the Russian Federation, compulsory medical insurance).

Maternity leavers who fall into the following groups of citizens can receive funds:

• officially employed women workers;
• unemployed people registered with the Labor Center;
• full-time students;
• military personnel;
• women employed in military enterprises and registered as civilian personnel.

Compensation is also provided to those workers who have adopted a baby less than three months old. The benefit is paid for all days until the designated date arrives. When adopting several children, the period of maternity leave increases and reaches 110 days.

In some cases, after maternity leave with the first baby, leave for the second child follows. At the same time, the young mother can choose which payments to receive. Most often, maternity benefits are used as financial support. This is due to the fact that it is more profitable from a financial point of view than an allowance related to child care.

Important! The maternity period presupposes that the employee retains her position and pays benefits to which the employee is entitled. However, a woman cannot be fired from her job. The employer’s illegal actions must be immediately reported to the labor inspectorate or prosecutor’s office.