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You leave the decree after 30 weeks. Maternity leave

Good afternoon, dear readers. Today we’ll talk about whether it is possible to go on maternity leave later than the deadline.

Today you will learn:

Generally accepted deadlines for issuing a decree;
Is it possible and how to go on maternity leave later than the deadline;
List of documents for calculating maternity leave.

What is maternity leave

So, maternity leave combines two different kind holidays. This is maternity leave and up to three years. Let's talk about the first one.

Maternity leave is designed to solve two problems:

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

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

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

We count the date of vacation

Registered in the antenatal clinic, the expectant mother with her gynecologist calculates 40 weeks of pregnancy to determine the date of the baby's appearance.

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.

When the pregnancy future mother proceeds normally, she goes on vacation at 30 weeks. If an ultrasound detects twins (and maybe triplets), the expectant mother will go on vacation at 28 weeks. If your area is unfavorable, the vacation for the expectant mother is set at 27 weeks.

Sometimes unforeseen situations occur, such as premature birth. Then the sick leave is issued from the date of birth of the child for 156 days and the vacation has to be issued urgently.

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

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

In addition to the health of the unborn baby, at this moment, an equally important issue arises before the expectant mother. The question of financial security. After all, we understand that no allowance can be compared in size with wages.

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

So, the “maternity leave” can continue to work (for quite legal reasons) even after 30 weeks of pregnancy. However, this does not mean that maternity leave can be rescheduled.

In this situation, the vacation is reduced by the number of officially worked days. For the time worked, the employee will receive a regular salary. But the sick leave period and the amount of the benefit will decrease in proportion to the hours worked (the employee must notify the antenatal clinic of her decision to reduce the sick leave period by working days).

But the desire of the expectant mother and the capabilities of her body do not always coincide. If, nevertheless, mommy could not work (for health reasons, for example), her gynecologist has the right to restore the sick leave from 30 weeks retroactively.

To avoid such pitfalls, many employers go the other way. Maternity is issued from the due date of 30 weeks. And those days that the employee devoted to work are simply issued with a bonus (in agreement with the "maternity leave").

At this time, the employee is not time-sheeted and is at the workplace as long as her status of the expectant mother allows. Thus, there is no violation of the law. And there will be no health risks either.

Documents for registration of maternity leave

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

So, a list of all the required documents for calculating your employee's vacation:

Sick leave(140 days in the 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).

On the basis of these documents, the personnel draw up an order for vacation, it is paid by accruing sick leave benefits.

We calculate the amount of the allowance

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

However, there are minimum and maximum limits on the amount of the benefit. In 2019, this is 51,918.80 rubles. and 301,095.96 rubles. respectively (at the same time, do not forget to multiply the amount received by the district coefficient).

We also remember that from the first of January it was raised to 11,280 rubles.

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

SP=D/730*140, Where:

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

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

If the employee decided to "stay", then the formula for calculating benefits will be as follows:

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

RD - number of working days.

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

Well, we have considered in detail the option of going on maternity leave later than the deadline. We hope the article was useful to you. Now you can definitely answer all the questions about the "reduced" maternity leave.

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).

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.

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 monthly allowance by childbirth, 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.

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 in any other more late deadline before childbirth is also enshrined in Part 2 of Art. 255 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 giving birth”, 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 clinics ”: “... In case of non-use for any reason of the right to receive timely leave for pregnancy and childbirth or upon the occurrence 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 it ends, indicated in the certificate of incapacity for work. Please note that it is prohibited to extend 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 on 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, 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 of 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 a leave and provided a certificate of incapacity for work, issued in accordance with the established procedure, the assignment and payment of benefits to an 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.

In Russia, a woman in labor has the right to go on maternity leave after the thirtieth week of gestation. Such time off is called maternity leave or simply a decree. However, do not confuse it with maternity leave, the decree is a broader concept, which also includes a period of time off for childcare, which can be taken by a woman after the birth of a child and last until the last one and a half years old.

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.

Period of pregnancy from which you can go on maternity leave

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.

You can also go on a day off and later than the date of the onset of the thirtieth week of pregnancy. To do this, you only need a statement from the woman in labor with a request for this and an indication of the date when the woman in labor intends to take time off. However, remember that the day off is granted after the 30th week of pregnancy and, accordingly, is seventy days before the expected date of delivery and up to seventy days after the actual date of birth. If you go on maternity leave late, then no one will compensate the woman in labor later, she will not be able to extend her vacation after the birth of the child for the duration of the period that she did not use.

Interestingly, during pregnancy with more than one fetus, the duration of time off before childbirth is 84 days, and at the same time it does not depend on how many fetuses the woman in labor has. Whether she is pregnant with triplets or gears, the vacation period will still be 84 days from the 30th week of pregnancy, unless, of course, there is a medical indication for an earlier hospitalization. Residents of territories affected by radiation contamination can count on a vacation of 90 days from the 30th week of pregnancy:

in case of relief from burden with complications, the duration of the leave is 86 days;
at the birth of twins and more children, leave is 110 days;
in case of early release from the burden, the total duration of the leave for the period - both before the birth of the baby and after it should be 156 days.

The amount of the benefit accrued during maternity leave in 2015

During this leave, employed women are entitled to benefits. Non-working women cannot receive these payments unless they are:

Full-time students.
Dismissed during the decree.

It is worth noting that the employer does not have the right to dismiss a woman before the end of the decree for any reason, even if the woman in labor violates labor discipline and moral standards. The law firmly protects her right to keep her job. Dismissal can only occur if she wants to leave herself or as a result of the complete liquidation of the organization in which she worked. In case of voluntary dismissal, a woman does not retain the right to payments, but in the event of the liquidation of the organization, her obligations will be assumed by the state. Female students also receive benefits without being employed.

The remaining categories of women must have an employer who pays social insurance premiums, in order to receive payments during maternity leave. The unemployed do not receive payments during maternity leave and later, since this allowance is designed to compensate for the woman's shortfall in income; if there was no income, then there is nothing to compensate. Thus, this benefit is effectively a social insurance funded by a withheld portion of the workers' wages.

The allowance is calculated in the amount of a woman's average income for the previous two years before going on maternity leave. The total amount of earnings for this period is divided by the number of days in these years, taken as 730. After that, the daily earnings received are multiplied by the number of days spent on time off. The amount received is paid to the woman only after the release of the burden, since in order to receive this allowance, you must submit a birth certificate of the child.

The same principles make it possible to calculate the amount of the allowance due to female students and those dismissed during the liquidation of the organization. But they will receive payments not at the place of residence, but at the service department social protection. The amount of the benefit, although it begins to accrue from the 30th week of pregnancy, is paid as a lump sum after the relief from the burden. As you can see, it is not difficult to calculate how much the pleasure of going on maternity leave will cost a woman using a simple calculator. You can withdraw this payment already ten days after receiving a birth certificate.

Documents required to receive payment

After the relief from the burden, you can apply for payment. You must submit:

certificate of income from the previous place of work;
birth certificate of the child;
sick leave;
certificate of registration;
statement.

The response time is ten days, if the application is satisfied, the funds must be credited to the mother's account in a single amount, no later than the end of the month.

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Much depends on the number of fetuses and other factors affecting the condition of the expectant mother, according to general rules this period is 30 weeks, and maternity leave is set to 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:

On pregnancy and childbirth. This legal leave covers several weeks before and after childbirth. Mothers are entitled to an allowance in the approved amount.
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 has not taken advantage of this opportunity.

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.

In general, vacation starts at 30 weeks, duration 140 days (this includes 70 days before childbirth and 70 days after a joyful event).
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).
For disadvantaged women, leave begins at 27 weeks. Its duration will eventually be 160 days (90 days before delivery and 70 after).
If the birth is premature (weeks 22 to 30), the leave will last 156 days from the moment the baby is born.
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:

Certificate confirming the registration in the consultation before the 12-week period.
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.
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:

Take advantage of annual leave.
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 statutory allowance 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.