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

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 refine to a certain length of service, receiving a larger amount Money, because sometimes the salary turns out to be more than the calculated amount of the maternity benefit. Someone just wants to finish all the work in a responsible position.

The employee has the right to legal maternity leave already at the 30th week of pregnancy, and if this pregnancy is multiple, even earlier - on the 28th. In an earlier period, maternity leave is not permissible, since the sick leave will not yet be issued to the employee, and it 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 leaving the day off is the day seventy days before the expected date of release from the burden, that is, from the 30th week of pregnancy. From this day on, the woman in labor is allowed to take time off. However, in the case of medical indications, you can take time off earlier. To do this, it is not necessary to get sick, a sufficient reason for early retirement before the 30th week is increased fatigue at work, the inability to work effectively.

These are not all the components of the decree; after a day off to care for a child, a mother or other guardian has the right not to go to work for another year and a half, retaining her job. In some cases, this period may be extended up to three years. Thus, a woman in labor is allowed to go on maternity leave two and a half months before the resolution of the burden, 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 only one and a half years after the resolution of the burden. True, one compensation payment is accrued until the child is three years old, but its amount is only 50 rubles a month.

Is it possible to go on maternity leave later than the due date?

It is important to consider that the calculation of the timing of leaving the workplace is carried out according to obstetric calculations. The exact day of the beginning of the decree is set by the gynecologist. It is calculated depending on the duration of pregnancy and is conducted from the day when the woman was registered in the gynecology department.

sick leave;
application for maternity leave in any form;
certificate of being registered in a medical institution (time of registration up to 12 weeks of pregnancy);
certificate of official income for 2 years;
the passport;
account (card) number for receiving funds.

the sick leave is opened exclusively from the 30th week,
you can continue to work at will and provide the sick leave to the employer later, but the sick leave will not be paid for 140 days, but less for the number of days that you officially worked.
additionally learned that the documents are submitted to the employer, and “he”, in turn, is obliged to provide them to the FSS within 5 working days, then the FSS pays you the amount of sick leave within 10 working days ..

The hospital issues sick leave for maternity leave exactly at 30 weeks and not a day later. But is it possible to go on maternity leave late? To work more at work (since it 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 wages be paid or will there be sick leave benefits, despite the fact that the employee works? Who has real life examples?

Is it possible to go on maternity leave later than the deadline and how to do it

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

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

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Can an employee go on maternity leave later than the period indicated on the disability certificate

This situation is explained not by the decision of the FSS, but by the letter of the FSS (Regulatory framework: LETTER OF THE FSS OF RUSSIA dated 08.10.2004 No. 02-10 / 11-6671 “On the issue of issuing disability certificates for pregnancy and childbirth”). In it, the Social Insurance Fund of the Russian Federation explains that work during pregnancy, with a sick leave, is permissible. 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 temporary disability certificate, then this is quite acceptable and does not contradict the current legislation. However, I draw your attention to the fact that the payment of maternity benefits to such an employee for the period when the employee continued to work is illegal.

Is it possible to go on maternity leave after 30 weeks to get more maternity

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.

If you are 30 weeks pregnant, you about on November 20, then a sick leave will be issued to you for a period from November 20 to April 1 (140 days). Even if you apply for sick leave from January 1, 2020, then the DATE OF ISSUANCE will be January 1, 2020, and the validity period of the sick leave is still from November 20 - this is the day the insured event occurs, from which the start of maternity leave is counted .

How long (month, week) do they go on maternity leave

How many months (weeks) do they go on maternity leave in most cases? In the absence of peculiarities in a woman's life (as a rule, associated with the unfavorable environment of the place of residence or work) or the process of bearing a child, they go on maternity leave at 30 weeks of pregnancy (this is about 7 months) for a period of 140 days (70 days of prenatal and 70 days postpartum).
From what week do they go on maternity leave if more than 1 child is expected (twins, triplets, etc.)? In this case, a woman is entitled to maternity leave at 28 weeks of pregnancy and can be on it for 194 days (84 prenatal and 110 postnatal). If already in childbirth it is discovered that there are several babies, then the woman will be given another 54 days in addition to the 140 days of the usual decree.
If the birth was difficult, then in addition to 140 days of maternity leave, the woman will receive another 16 days for recovery.
How long do they go on maternity leave if a premature birth of a child occurs? If childbirth occurred from 22 to 30 weeks (that is, before what time they usually go on maternity leave), from the date of birth, maternity leave is issued for 156 days.
How many weeks do they 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 discharges of radioactive 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 prescribed 70 days of leave after childbirth, maternity leave for this category of women will be 160 days.

An interesting nuance. The gestational age in weeks, and therefore at what time they go on maternity leave, doctors count from the day when the patient was registered for pregnancy. If registration occurred, for example, on Tuesday, then maternity leave will begin on Tuesday. Knowing this, you can predict what time they go on maternity leave, and adjust this moment to your needs.

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

I would try to negotiate with the doctor in consultation. Our doctors go for this, although in some medical recommendations it is the duty of a doctor to issue a sick leave at 30 weeks. But you can, after all, at the beginning of the 30th week, or at the end. My colleague went on sick leave at 36 weeks, as she was on vacation, the doctor went for it, I left both times at 31 weeks. Yes, in this case there may be problems with the FSS, as it is written in the laws, but in reality everything passes.
Take sick leave and work. But I doubt that the employer will pay both the sick leave and the 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.
Some doctors are afraid to issue sick leave later than 30 weeks, due to the same legislation.

It's nonsense that sick leave is issued only at 30 weeks and not a day later. Getting a sick leave, and with it the release from work, is a patient’s right, not a duty, and if you know your rights and can defend them, then no one will ever dictate anything to you and you don’t need to cheat. When my eldest daughter was supposed to leave on maternity leave with her second child, at 28 weeks she warned the doctor that she would not receive sick leave at 30 weeks, she wrote on the card that she was familiar with her right to receive sick leave at 30 weeks, but to receive it this refuses the term, wrote a receipt that she herself is responsible for her life and health and for the life and health of the child, and she was discharged from the hospital when she asked, she went on maternity leave at 32 weeks, she simply promised to finish the work that no one else would didn’t, she was a design engineer and was just finishing her project. I felt good, work was a three-minute walk from home, it was not hard for her to work, so she was not in a hurry. Now we have a nice, healthy Mitka, she gave birth normally, and she wasn’t particularly nervous at the antenatal clinic, she just persistently and with reference to the laws stated her request to the doctor and the head and got what she wanted, as a result everyone is happy: the daughter finished the work and received very good money , the doctors relieved themselves of responsibility, which, in fact, they needed, and my grandfather and I got a grandson. The 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 becomes. But these terms are not for everyone. Some want to leave early, while others prefer to work, as they say, "until the last". Today we will consider whether it is possible to go on maternity leave later and how not to lose cash payments.

In anticipation of the baby, every woman undergoes changes in the 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 around, there are swelling of the limbs, and back pain. Therefore, you can go on maternity leave for a period of 30 weeks. She will be able to prepare everything necessary for the appearance of the baby.

The decree conditionally includes maternity and parental leave.

Maternity leave dates depend on several factors:

With a singleton pregnancy, mommy can safely go on vacation, reaching 30 weeks;
A woman who is expecting twins can expect to be sent on maternity leave for a period of 28 weeks;
Workers residing in the area bad environment, can go to - at 27 weeks.

Maternity leave 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 more days: 84 days before the birth of the children, and 110 days after they are born.

So, we can say that you can go on maternity leave after reaching the 30-week period. Only if there are any complications, maternity leave can move down.

How to correctly calculate the date of your decree

When registering at the clinic, 40 weeks of pregnancy is calculated to determine the date of the 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 can already clearly understand in what numbers you can get a sick leave for maternity leave.

Depending on the number of children and the course of pregnancy, the terms of the decree may vary. A woman who is expecting twins will be able to safely issue a maternity leave upon reaching 28 weeks, and in case of complications, you can count on a paid decree starting from the 27th week.

In the case of premature birth, the sick leave is already issued for 156 days, and maternity leave is already being issued urgently.

Not only pregnant women, but also adoptive parents can apply for maternity leave. baby. In this case, a vacation of 70 days is provided.

The date of departure on vacation directly depends on the condition of the pregnant woman. In the case of a good pregnancy, the employee goes on maternity leave at the prescribed 30 weeks.

In case of health problems, a 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.

Can I go on maternity leave later?

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

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

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

Maternity leave is possible later than the due date, but there is a risk of losing part of the payments that a woman should receive for pregnancy and childbirth. It is worth weighing everything before making such a responsible decision. After all, if wages are several times higher, then you can move your maternity leave.

How can I officially move the decree

Comparing the size of the official allowance and wages, any woman wants to receive decent wages as much as possible. Therefore, the question is how to stay at work as long as possible and receive wages in full. When drawing up a decree, the question is whether it is possible to receive payments, but at the same time remain at your workplace.

It is possible to receive full-fledged maternity payments, and remain at work. Only in this case, it is necessary to agree with the management. So, a woman draws up a legal decree and continues to work, and the salary is accrued under the guise of bonuses.

In this case, a 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 appear at work 2-3 hours a day to complete the required amount of work.

In this case, a good relationship with management will play into the hands. If there is an opportunity to agree, then it is worth trying on mutually beneficial terms.

Thus, if a woman decided to officially postpone her vacation, then she needs to think through all the nuances in advance. It is possible not only to receive deductions for pregnancy and childbirth, but also to receive wages by performing simple tasks at work. It is worth maintaining a good relationship with management so that in the future it will be possible to agree on partial pay during maternity leave.

Is it profitable?

If you decide to go on maternity leave after 30 weeks, you should consider whether it will be beneficial for you. Indeed, in this situation, you are not immune from possible risks:

preterm birth. Childbirth can begin at 32 and 38 weeks. At this stage, the woman will not receive payments in full.
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 lose part of the cash payments.
Deterioration in health. At such times, it becomes more difficult for a woman to move around and maintain a full-fledged work schedule. Firstly, it is fraught with poor health and a threat to life for the expectant mother and her child. Secondly, if you feel worse, the work done will not always be productive.

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

Can I not take maternity leave?

With the advent of time for maternity leave, the question becomes, is it possible not to issue it at all? It is possible, only in the case when 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 benefits for pregnancy and childbirth, and cash payments for child care can be issued by any relative.

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

Who is eligible for maternity leave?

Few people know that not only mom and dad can issue a decree, but also their parents. Accordingly, both grandmother and grandfather can go on maternity leave.

Many grandparents fear that they will simply lose their seniority, which affects the timing of retirement. Grandparents have exactly the same rights as mom and dad. The employee's job is retained for three years. At the end of the decree, both grandmother and grandfather can easily return to their position.

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

In addition, until the age of one and a half, the grandparent will receive a care allowance. It is important to understand that the allowance will be calculated based not on the mother's salary, but on the income of the person for whom the decree 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

Monetary 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.

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. Maximum size money that is paid to a relative who goes on maternity leave is usually fixed and should not exceed 24 thousand rubles a 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 can receive is reduced significantly, and will amount to only three thousand rubles a month.

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

In addition, cash payments for pregnancy and childbirth also have certain restrictions. Thus, the amount of monetary charges cannot exceed 60 thousand rubles per month. This is the maximum amount a woman 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 is preserved. This option is completely legal and does not affect anything.

Thus, not only the mother of the unborn child, but also her next of kin has the right to receive cash payments for caring for the baby.

Documents for issuing a decree

Going on maternity leave, many women think about what documents they need to collect in order to receive cash contributions. First of all, it is necessary to obtain a certificate, which is issued in the antenatal clinic on reaching the 30-week period. Based on this document, the employee must write an application addressed to her employer in order to start processing her decree.

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

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

A woman who is in position has the right to receive cash benefits for pregnancy and childbirth. When calculating these payments, it should be remembered that they amount to 40% of a woman's salary.

Sometimes a woman has to choose whether to stay at work and receive wages, and the cash benefit is reduced several times, or to be part-time at work and receive bonuses at work for the amount of work performed.

In addition, if work is so important for a woman, then not only mom or dad can go on parental leave, but also grandparents. At the same time, without losing the workplace and length of service, which affects the receipt of a pension.

To receive maternity leave, you do not need to collect a large package of documents, it is enough to take an edit at the antenatal clinic and write applications, and wait for the first maternity payments to arrive. It should be remembered that only the first year and a half of child care is paid, the remaining one and a half are no longer there.

But the job is saved for three years. Based on this, relatives can safely help in raising a baby without fear for the loss of their job and without losing the earnings that they received in their position.

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

Question form, write your

Good health and material interest often motivate a pregnant employee to continue working. Can a woman go on maternity leave later than the due date and how will this affect the amount of benefits?

Today, there is no official name for "maternity leave". The Labor Code introduced the term "maternity leave", and all the rights of a woman are specified in Law No. 255-FZ.

Each officially employed employee can go on vacation:

at 30 weeks of gestation (when carrying 1 child);
at 28 weeks (when diagnosing multiple pregnancy);
at week 27 (for women living in polluted regions).

Decree terms

If a woman intends to go on maternity leave later than the deadline, the amount of the allowance will be reduced.

For example, if a woman went on vacation later than expected and worked 20 additional days before giving birth, they are not included in the calculation of benefits. The average daily earnings (600 rubles) are multiplied by 120 days. It turns out the amount of 72,000 rubles. Thus, the allowance is significantly reduced in size.

To work or not after the onset of the decree, the woman decides. On the material side, if her salary exceeds the amount of the monthly childbirth allowance, it makes sense for her to remain in her position. And you, as an employer, must remember that the days that the employee worked will not be included in the calculation of benefits.

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).
In case of multiple pregnancy, a certificate of incapacity for work 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 SET 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 clause.

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 submission, 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 for 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.

All the best!

If you have additional questions - please contact.

Sincerely! legal adviser Tatyana Kurdyukova.

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

Answer:

Dear Olga! The expectant mother has the right to decide for herself when she goes on maternity leave - 70 days before the birth, as the law allows, or later. At the same time, according to the rules, the health worker of the antenatal clinic is obliged to issue a sick leave to the 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 an obstetrician-gynecologist, and in his absence, by a general doctor. A certificate of incapacity for work is issued from 30 weeks of pregnancy at a time for 140 calendar days (70 calendar days before childbirth and 70 calendar days after childbirth). In case of multiple pregnancies, a certificate of incapacity for work for pregnancy and childbirth is issued from 28 weeks of pregnancy, while the total duration of prenatal and postnatal leave is 180 days. It is unlikely that you will be able to find a doctor who will take responsibility for 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 for work in your hands and present it to the employer along with the application for maternity leave when you see fit. The employer, in turn, will issue you maternity leave on the basis of this sick leave from the date you indicate in the application for actual maternity leave. The Social Insurance Fund (FSS) 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 not used before the birth (and, accordingly, the allowance 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 childbirth (86 days for complicated childbirth, 110 days for the birth of twins, triplets, etc.), and she will receive maternity benefits only for 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 maternity leave to your employer in the part when you worked and received wages. Some advise you to go on maternity leave as it should be at 30 weeks, and for the necessary time (in your case 2 weeks) to draw up a civil law contract or a contract for your work 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 FSS. The legal way to get sick leave after 30 weeks of pregnancy is to register with the LCD after 30 weeks of pregnancy.