Go on maternity leave after 30 weeks. Is it possible to go on maternity leave later than the deadline and how to do it

Hello Lily!

In accordance with the order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n (as amended on July 2, 2014) “On approval of the procedure for issuing sick leave certificates”
46. ​​A sick leave certificate for pregnancy and childbirth is issued by an obstetrician-gynecologist, in his absence - by a general practitioner (family doctor), and in the absence of a doctor - by a paramedic. The issuance of a certificate of incapacity for work for pregnancy and childbirth SHALL BE MADE at 30 WEEKS of pregnancy at a time for 140 calendar days (70 calendar days before delivery and 70 calendar days after delivery).
At multiple pregnancy sick leave for pregnancy and childbirth is issued at 28 WEEKS of pregnancy at a time for 194 calendar days (84 calendar days before childbirth and 110 calendar days after childbirth).
In the event that a woman, when applying to a medical organization, REFUSES IN THE STATED TIME to receive a certificate of incapacity for work for pregnancy and childbirth for the period of maternity leave, her refusal is recorded in the medical records. WHEN A woman REPEATED before childbirth for a certificate of incapacity for work for pregnancy and childbirth for registration of leave for pregnancy and childbirth, a certificate of incapacity for work IS ISSUED for 140 calendar days (for 194 calendar days - in case of multiple pregnancy) FROM THE PERIOD established by the first or second paragraphs of this paragraph.

That is, a sick leave will be issued to you at the 28th or 30th week of pregnancy, if you decide to refuse at this time and apply for a sick leave later, you will be given a sick leave, anyway, from the date of the 30-week period. When providing the employer with such a sheet, the calculation will go from the date of its delivery, and not from the date of the specified period.

In accordance with the Federal Law of May 19, 1995 No. 81-FZ “On State Benefits to Citizens with Children” - if a woman does not use the right to the specified maternity leave and continues to work (and, accordingly, receive wages), then the allowance to her not allowed.

That is, the sick leave is STRICTLY LINKED TO THE DATE OF THE DATE OF PREGNANCY, and it is from the date of issue that the calculation of the maternity benefit and the monthly maternity benefit will take place. If an insured event (issuance of a sick leave from 28-30 weeks of pregnancy) - 2016, the year of the occurrence of the insured event.

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

All the best!

If you have additional questions - please contact.

Respectfully! legal adviser Tatyana Kurdyukova.

In part 3, paragraph 48 of Ch. 8 of the Order of August 1, 2007 N 514 of the Ministry of Health and social development RF “On the procedure for issuing certificates of incapacity for work by medical organizations” states: “... If a woman, when applying to a medical organization, refuses to receive a certificate of incapacity for work due to pregnancy and childbirth for the period of maternity leave, her refusal is recorded in medical records. When a woman reapplies before childbirth for a certificate of incapacity for work for pregnancy and childbirth for registration of maternity leave, a certificate of incapacity for work is issued for 140 calendar days (for 194 calendar days - in case of multiple pregnancy) from the date of the initial application for the specified document, but not earlier, established by the first or second paragraphs of this paragraph.

The right of a pregnant woman to receive maternity leave for 140 days not earlier than 30 weeks, but at any other later date before delivery is also enshrined in Part 2 of Art. 255 of the Labor Code “.. Maternity leave is calculated in total and is provided to a woman completely regardless of the number of days she actually used before childbirth”, as well as in the Order of the Ministry of Health of the Russian Federation dated February 10, 2003 No. 50 “On improving obstetric and gynecological care in outpatient -polyclinic institutions”: “... In case of non-use for any reason of the right to timely maternity leave or in the event of premature birth, a certificate of incapacity for work is issued for the entire period of maternity leave.”

Get your sick leave right at 30 weeks and work as long as you want. For the days worked, you will be paid a salary, and the rest (from the date when you actually go on maternity leave) - according to the sick leave, only the end of the sick leave will not be transferred to the days that you worked, but will remain the same. For example, sick leave from January 1 to March 10. You work until February 1 and receive a salary, and from February 1 you go on maternity leave and receive BIR benefits until March 10.

The legislation does not prohibit a woman from going on maternity leave later than the date indicated on the disability certificate, since maternity leave is granted not only on the basis of sick leave, but also on the basis of a woman’s application with a request to grant her maternity leave (Article 255 of the Labor Code of the Russian Federation ). The provision of maternity leave is regulated by Art. 255 of the Labor Code of the Russian Federation. In order to grant maternity leave, an employee must: - write an application to the employer, which must clearly indicate the start date of maternity leave; - submit to the organization a properly executed certificate of incapacity for work. Therefore, in order for maternity leave to be granted, it is necessary not only to have a certificate of incapacity for work, but also to have a statement from the employee about it. If an employee has been issued a certificate of incapacity for work due to pregnancy and childbirth, but she continues to work, then such a sick leave is payable from the moment the employee actually leaves for maternity leave and until its end, indicated in the certificate of incapacity for work. Please note that it is prohibited to extend the maternity leave by the number of days during which the employee continued to work after 30 weeks of pregnancy, as this is contrary to the provisions of Art. 255 of the Labor Code of the Russian Federation (Decision of the Supreme Court of the Russian Federation of November 14, 2012 N AKPI12-1204). Thus, your sick leave will be paid from the moment you actually go on sick leave to the date indicated in the sick leave (leave will not increase for those days that you work on your own initiative) For the period when you work in excess of the prescribed amount, the employer will owe you pay wages (and not pay sick leave). In the Decree of the Federal Antimonopoly Service of the Volga-Vyatka District dated October 28, 2008 in case N A31-357 / 2008-7, it is noted that the provision of maternity leave and the payment of the corresponding allowance are of a declarative nature. Maternity leave is granted to a woman if she has applied for leave and provided a certificate of incapacity for work, issued in accordance with the established procedure, the appointment and payment of benefits to the insured woman for pregnancy and childbirth is also carried out after the woman entitled to such benefit applies to the employer. Thus, the end date of your sick leave will remain the same, even if you go on maternity leave later, the days that you work (already actually on sick leave) will be paid as regular working days, and not as sick days.


Much depends on the number of fetuses and other factors affecting the condition. future mother, according to general rules, this period is 30 weeks, and maternity leave is set for 140 days.

It is useful for every employee planning to have a child to ask: how long do they go on maternity leave?

This right is regulated by chapter 41 of the Labor Code of the Russian Federation. For its registration, a standard certificate of incapacity for work is issued.

Specific terms are determined by the number of fetuses, the state of health of the mother and child.

Not to do here without consulting a doctor. Let's start in order - find out what makes up a vacation for a young mother.

The concept of maternity leave

The word "decree" in the usual sense indicates a period of time that begins with the last weeks of pregnancy and ends with the period of caring for baby up to 3 years of age.

The legislation defines the procedure in accordance with which the expectant mother is released from work duties while maintaining a place in the organization (according to).

The decree consists of two holidays:

  1. On pregnancy and childbirth. This legal leave covers several weeks before and after childbirth. Mothers are entitled to an allowance in the approved amount.
  2. For child care. Provided to one of the parents. It lasts until the baby is 1.5-3 years old. Applicable when the other parent did not use this option.

Important: in order to take parental leave, the other parent must submit a certificate from the employer certifying that he did not take such leave and did not receive benefits in connection with it.

What weeks of pregnancy can a woman take maternity leave?

The first part of the decree is maternity leave.

Days of termination labor activity stipulated by law.

To find out how long a woman goes on maternity leave, you need to take into account a number of factors.

  1. In general, vacation starts at 30 weeks, duration 140 days (this includes 70 days before childbirth and 70 days after a joyful event).
  2. If twins (or more) appear, you can leave work earlier - for a period of 28 weeks, its duration also becomes longer and reaches 194 days (namely, 84 days before childbirth and 110 after).
  3. For disadvantaged women, leave begins at 27 weeks. Its duration will eventually be 160 days (90 days before delivery and 70 after).
  4. If the birth is premature (weeks 22 to 30), the leave will last 156 days from the moment the baby is born.
  5. In case of complications, the vacation is increased to 156 days, since 16 days for recovery are added to the standard 140-day rest.

Important: places with unfavorable conditions include areas affected by the accident at the Chernobyl nuclear power plant and at the Mayak association, as well as from emissions into the Techa River.

To summarize: in general cases, according to the law, women are entitled to 140 days of “time off”.

In case of multiple pregnancy, 14 days before delivery and 40 days after delivery are added to this period, and in case of complications - 16 days after delivery for recovery.

At the 30-week period (7.5 months), pregnancies go on maternity leave in typical cases, with multiple pregnancy - at 28 weeks, when living in adverse conditions - at 27 weeks.

Maternity leave - how to get started

To officially go on maternity leave, a pregnant employee needs to register with a consultation.

It is preferable to do this for up to 12 weeks. Then the expectant mother will be able to count on benefits.

After the examination, the doctor will set the approximate date of birth, on the basis of which the vacation numbers will be determined.

The doctor will write out a temporary disability certificate. According to him, a decree is drawn up.

Theoretically, you can register and consult later.

But if you visit a doctor in a timely manner, it will be easier to arrange a vacation.

The departure of an employee on maternity leave causes considerable stress for employers.

After all, her duties will have to be transferred to other employees or to take a new person for the duration of the vacation.

Considering the foregoing, it is worthwhile to register in a consultation in a timely manner and notify the employer about going on maternity leave.

Sick leave - the basis for vacation

It is important to know when they go on maternity leave, and what forms are needed for submission at work.

The doctor will need to get a regular disability certificate, which is also issued for.

Information on the procedure for granting maternity leave is contained in two legislative acts:

  • dated December 30, 2001 No. 197-FZ;
  • section 8 of the order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624-n.

As a rule, a sick leave is issued by a gynecologist who observes the pregnant woman throughout the entire period.

If, due to some circumstances, it is impossible to obtain a certificate of incapacity for work, it can be issued by a family doctor or paramedic.

If you have problems in the clinic, you can.

Important: sick leave is issued one for the entire vacation. You don't need to resubmit the form.

The aforementioned article 225 of the Labor Code prescribes that a woman should transfer sick leave to her employer.

Then it remains for her to write an application for a vacation, after which she can officially go on maternity leave legally.

What documents are needed to apply for maternity leave

We turn to the next point - the preparation of documents with which they officially go on maternity leave. In this situation, only three forms are required:

  1. Certificate confirming registration in the consultation before the 12-week period.
  2. Disability sheet. The form includes the expected date of birth, established on the basis of the survey, as well as the beginning and end of maternity leave.
  3. Application for leave on behalf of the employee, written in two copies.

To avoid disputes in the event of the loss of one of the forms, it is necessary to designate a certificate of incapacity for work and a certificate as an attachment to the application for maternity leave.

The second copy of the application will remain with the employee. You need to ask for a stamp of acceptance on it.

Regardless of how long a woman goes on maternity leave, she should submit an application for leave to the employer.

This rule is established by labor law.

Although some organizations do not include an application in the list of required papers for maternity leave, this is required by law.

Can I go on maternity leave early?

According to the order mentioned earlier, the vacation is issued on time.

As such, there are no exceptions to this regulation.

In a more advantageous position, only those who have, because such people are not tied to a workplace outside the home.

The health of the expectant mother, stress at work or other factors can negatively affect her well-being.

Is it possible in this case to find a way out and issue a decree ahead of schedule?

There are two options here:

  1. Take advantage of annual leave.
  2. Get treated in a hospital.

Let's take a closer look at the first point.

Does the law allow a pregnant employee to continue working in this case?

Here you can refer to all that order No. 624-n. In this regard, the following is written:

  • if a woman refuses sick leave provided to her within the prescribed period, this fact is recorded in medical documents;
  • if the pregnant worker subsequently changes her mind, she should re-consult her doctor prior to delivery. Then the certificate of incapacity for work will be issued to her retroactively according to the period that is required in her case.

Let's not forget: before childbirth. This is exactly the stipulation made in the text of the order.

The fact is that if a woman applies for sick leave after childbirth, she will no longer be able to get maternity leave.

In such a situation, she will immediately be issued parental leave.

She will receive the allowance. If a pregnant employee feels great in the last weeks of pregnancy, this option may also be suitable for her.

Let's repeat: if the sick leave is issued later, it sets the period at which the woman officially goes on maternity leave in specific circumstances. It is a big mistake to think that you can receive both benefits and wages during this time. In fact, only the allowance required by law will be paid.

For the payment of wages for the actual period worked, you need to contact the employer. Alternatively, these funds can be accrued in the form of a bonus.

A few last points

When calculating at what period of pregnancy they go on maternity leave, they also look at the duration of the vacation.

Traditionally, these 140 days are divided into two equal parts - 70 days before delivery and 70 days after.

Actually this is not required. You can change the ratio of days. Say, take 10 days before delivery and 130 after, or vice versa.

Regardless of this, the allowance will be paid for actually used vacation days.

In order for the accounting department to make the necessary calculations, it is recommended to submit sick leave as soon as possible.

By law, benefits must be transferred to a pregnant employee within 10 days after she has prepared a package of documents.

Summarizing the above, we note: women officially go on maternity leave for a period of 30 weeks, with a multiple pregnancy, this period is 28 weeks.

Special conditions are provided for expectant mothers living in unfavorable areas. They go on maternity leave for 27 weeks.

How to issue a decree: when they go on maternity leave, payments, period and more.

23.08.2019

The state provides pregnant women who are at official work with "".

It is this name that has the period of time established in Law No. 255-FZ, which an employee has the right to demand at her place of work.

The decree usually begins at 30 weeks of pregnancy, can a woman go on sick leave later?

Is it possible to go on vacation after the due date?

Can a pregnant woman, on her own initiative, go on maternity leave later than the due date of 30 weeks? Yes, it's her right.

Also, a pregnant woman can go on maternity leave later, but with certain features, about which.

Important! If the employee wishes to continue working after the deadline, the employer may grant her such an opportunity, taking into account the state of her health and official application.

The application must indicate the period for which it is necessary to push back.

Week 30 is the deadline for maternity leave. In a medical institution where a woman is registered, she will be issued in any case, on its basis it is possible at the place of work within the prescribed period for 140 days. There are exceptions to this rule - read about the duration of maternity leave.

If a pregnant woman wants to go on maternity leave later than the due date, you should not refuse the issued sick leave. It should be received. What to do with him next, the woman has the right to decide on her own.

You can immediately transfer it to the employer and draw up a decree from the 30th week, you can temporarily postpone it to give it to the place of work later, as needed.

That is, a woman has the right to provide sick leave later, for example, at 34 or 38, if necessary. In this case, the employee will continue to work and receive wages.

As soon as, in her opinion, the moment of going on maternity leave comes up, you need to submit documents to the employer. The latter will issue a vacation, but not for 140 days, but for the rest.

That is, maternity leave is not shifted and not transferred. It can't be played later. The maternity leave starts 70 days before the due date and ends 70 days after that date.

If the rest starts later, then part of the prenatal period will be lost, the transfer of the prenatal period to the postnatal period is not performed.

Please note that in some cases it is possible, but this is not associated with a later exit on maternity leave.

Going on maternity leave later than 30 weeks entails the loss of part, it will not be possible to restore it later. Therefore, a woman needs to think in advance how expedient it is for her to go on sick leave later than the due date.

It is also important to understand that he will not receive a decree with the calculation of benefits and continue to work. You need to choose one thing, it is not allowed to receive both benefits and salaries at the same time.

When is maternity sick leave after 30 weeks beneficial?

Almost always, this desire is associated with the desire to get more money.

Possible cases:

It is worth remembering that for the period that the pregnant woman worked, having the right to go on vacation, she will not be paid benefits.

During this time, she will receive only earnings. The allowance will be accrued from the moment the woman actually goes on vacation. In this case, the rest period is not extended and ends on the day indicated on the sick leave.

It is important that the sick leave for pregnancy and further childbirth will in any case be discharged from the 30th week, regardless of the date of application for it.

No less often, pregnant women are also interested in the possibility of earlier care -?

findings

A pregnant woman has the full right to dispose of the received disability certificate for pregnancy at her discretion. She can give it to the employer within the prescribed period of 30 weeks, she can give it later.

The employer cannot forcibly send an employee on maternity leave, since the registration of this period is her right, not her obligation.

Maternity leave(BiR, in everyday life just decree) is a social guarantee for working women, as well as for those undergoing military or equivalent service under a contract. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and devote time to the newborn.

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

  • B&R leave is granted both for native (born) children and for adopted children under the age of 3 months.
  • Do not confuse maternity leave (maternity leave) and childcare leave up to 1.5 years old. In a legal sense, these are completely different periods.

A feature of maternity leave in Russia is that it can be issued only woman.

  • Sometimes they write or say that dad can be sent on maternity leave. This implies Holiday to care for the child, but not according to BiR.
  • According to Art. 123 of the Labor Code of the Russian Federation, for the period of the wife’s decree, a man can only be provided out of turn annual paid vacation.

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

How many weeks is issued

The period at which a woman can legally go on maternity leave - 30 weeks. To go on vacation, you need to get maternity sick leave from the doctor. The document will indicate the start and end dates of the decree.

In some cases, set other terms decree execution:

  • 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 - with multiple pregnancy.
  • If a woman had a 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 date 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 the decree - if it falls at the end of the year, it is sometimes more expedient to postpone it at the beginning of next year despite several lost days payable on sick leave. This is done to be used as a calculated current calendar year- as a rule, more profitable in terms of earnings.

How many days is legal

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

  • Vacation in 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, anyway, as a result, the woman will be given total number of days maternity leave.

Below is the duration of B&R leave before and after childbirth for different categories of women.

Maternity leave table

ConditionsLength of maternity leave in days
Before giving birthAfter childbirthTotal
The usual course of pregnancy and childbirth70 70 140
The same for women living or working on the territory contaminated after the accident at the Chernobyl nuclear power plant, the Mayak plant or waste dumping into the river. Techa (hereinafter - in the contaminated area)90 70 160
Normal pregnancy, complicated delivery70 86 156
The same for women living or working in the "Chernobyl zone"90 86 176
Preterm birth (between 22 and 30 obstetric weeks)0 156 156
Multiple pregnancy established before 30 weeks84 110 194
Multiple pregnancy established 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 the law No. 1244-1 dated May 15, 1991, during this period, it is planned to conduct their rehabilitation outside the contamination zone before delivery.

For woman, adoptive baby under the age of 3 months, the duration of the decree may be shorter:

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

Making maternity leave

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

  • to get a B&R allowance;
  • to follow her job was saved for the period of maternity leave, as well as the subsequent care of a child up to 3 years.

Instead of the application and the hospital personnel department provided by the woman, the personnel department issues her a notice-receipt of the acceptance of documents (written in free form, the second copy remains with the organization).

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

Decree sick leave

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

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

  • Cells are filled with large printed Russian letters and numbers, which should not go beyond the cell.
  • Entries can be made on a printer or handwritten with a black gel, fountain, or other pen (but not a ballpoint pen).
  • Any blots, strikethroughs and errors are prohibited. Even with one strikethrough, you need to change the form and rewrite it all over again.
  • The name of the employing organization can be written in full or abbreviated form (if such a form is provided for by the constituent documents).
  • If the inscription (name of the enterprise, surname of the doctor and others) does not fit in 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 FSS may not accept an incorrectly completed document. Correctly and finally completed sick leave is transferred to the accounting department for the calculation of B&R benefits.

  • If an error is found, the disability certificate 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 a mistake, because the FSS can recognize it by its registration number.

Application for maternity leave

The application is the main reason for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Certain 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 the position).
  • Details of an identity document.
  • Information about the place of registration and residence.
  • Please provide leave for BiR.
  • Request to pay maternity allowance and a one-time allowance for registration in early pregnancy (optional).
  • Desired method of receiving benefits, card details.
  • The number and date of the sick leave according to BiR.
  • Signature of the employee, last name and date of filling out the application.

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

Order for maternity leave

After the application and the sick leave were received from the woman at the place of work, the personnel department of the enterprise forms maternity leave order. The form of the document is not clearly regulated by law; as a basis, one can take unified form No. T-6 or develop your own.

The order must contain the following information:

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

Employee familiarizes with the order without fail, signed and dated. Ideally, she is provided with a copy of the document. After that, it is written on the order that he is sent to the personal file of the employee.

On the basis of the order, data on the decree are entered into the personal card (form No. T-2) of the employee. The fact that a woman is on leave for BiR is reflected in the time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

BiR leave is paid in full, from the first to last day. The allowance is transferred at the same time at the woman's expense for the entire period.

The main criteria for calculating payment for maternity leave:

  1. For each full month of the decree, a woman is entitled to an amount equal to 100% of the 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 up to 6 months. calculation and payment is made according to the current value minimum size wages (SMIC). From February 1, 2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
  3. The maximum amount of payment is regulated using the bases for calculating insurance premiums. The incomes of the worker for a certain year are compared with their values.

If there are several employers for whom a woman has been working for more than two years, the decree is paid each of them. At the same time, the payment for child care can be issued only with one of the insurers.

Maternity leave is paid only if sick leave has been granted not later than six months after the end of the decree. Otherwise, the woman may need to prove her eligibility for the B&D benefit in court.

Calculation of maternity leave

Calculation of maternity leave allowance bookkeeping is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct Payouts") according to the established procedure. This takes into account the following data:

  • The total earnings of a woman for the two calendar years preceding the maternity leave. For those whose maternity leave will begin in 2018, 2016 and 2017 will be calculated.
  • The length of the calculation period (in 2016-2017 - 731 days).
  • The number of days "falling out" of the billing period due to being on sick leave, parental leave, etc.

Maternity leave is calculated in the following order:

  • the exact number of days in the billing period is calculated (outliers are subtracted from 731);
  • 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 allowance must fit within certain limits. In 2018 for 140 days of vacation minimum maternity allowance is 43,615.65
rub. (at the rate of 9,489 rubles for each full month), maximum- RUB 282,106.70

FSS online calculator

To facilitate calculations and pre-calculate the amount that a woman can count on after going on maternity leave, an online calculator on the FSS website will help. It is based on the above method for calculating maternity leave. This is how the size of the allowance for an accountant at the enterprise and in the FSS is considered.

You need to carefully fill in the fields:

  • Type of disability (pregnancy and childbirth).
  • Enter the dates of the period of disability indicated in the sick leave.
  • If a woman has been on parental leave during the past two years, she can replace the years of calculation.
  • In the "Terms of calculation" enter the amount of earnings for 2016-2017. (or another 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 experience does not exceed six months in this organization.

Maternity leave payment

Decree payment is made from the Social Insurance Fund (FSS). In general, the process occurs in the following sequence:

  • Female writing a letter to the employer for maternity leave and allowance.
  • The term for making a decision at the place of work on the payment of vacation and the calculation of maternity benefits - in the general case 10 calendar days.
  • There is a certain period of time for the transfer of money. The employer must transfer funds on the first day of payroll along with the wages of other employees.
  • The employer (insured) initially pays money from their own funds, and only then does the FSS reimburse him 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, vacation is paid to a woman directly from the territorial body of the FSS (although the application for a decree is written to the employer anyway, its calculation and payment is carried out by social insurance workers). At the same time, the FSS has the right to pay maternity leave until the 26th day of the month following the application for maternity leave.

Together with the payment for pregnancy and childbirth, you can apply for a one-time allowance, which is issued upon early registration in 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 the antenatal clinic and write a corresponding application.

Conclusion

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

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once for the entire period of vacation in BiR at the woman's expense. Maternity allowance is paid to female workers for whom the employer pays insurance premiums.

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