Legislative acts
In accordance with article number 255 of the Labor Code of the Russian Federation, maternity leave is maternity leave (B&R) . It can be provided exclusively to a woman for a certain period of pregnancy and some time after the birth of a child, as well as to women who have adopted a baby under three months of age.
During the BiR leave, the woman’s husband, at his request, can only be granted extraordinary annual paid leave - this is regulated by Article 123 of the Labor Code of the Russian Federation.
According to Article 7 of the Federal Law number 81, the duration of maternity leave may vary depending on the woman’s place of work and residence, the number of children born and the nuances of the prenatal period and childbirth.
Conventionally, leave for labor and labor is divided into 2 parts - the first is counted from the expected date of birth, and the second begins to be calculated from the day of birth of the children.
In Russia, women go on vacation for different amounts of time. So, if the expectant mother:
- singleton , normal pregnancy, she will go on maternity leave 70 days before giving birth and she is supposed to rest the same number of days after the birth of the child, 140 days ;
- there was a complicated birth during a normal pregnancy (caesarean section, for example), the woman will be on maternity leave for a total of 156 days - 70 before birth and 86 after it;
- premature birth (from 22 to 30 weeks of pregnancy), then the leave for labor and labor will begin from the day the child is born and will last 156 days ;
- multiple pregnancy , she will go on maternity leave 84 days before the expected date of birth and will remain there for 110 days after the birth of the children ( 194 days );
- During childbirth it turned out to be a multiple pregnancy , she will go on maternity leave 70 days before the birth, and after that she will be on leave under the BiR for 124 days.
The legislation also considers the possibility of a woman taking annual paid leave before going on maternity leave or immediately after it , which is regulated by Article 260 of the Labor Code.
If the BiR leave falls during the annual vacation, then, in accordance with article number 124 of the Labor Code of the Russian Federation, a woman, at her own request, can:
- Take your annual leave and go on maternity leave at the end of it.
- Transfer the remaining days of annual leave to the period after the end of the vacation under the BiR.
You can read more about rescheduling your vacation here.
How long does it take to go on maternity leave?
The grounds for registration of leave under the BiR are articles of the Labor Code of the Russian Federation numbered 255 and 256. They strictly regulate the date on which they are sent on maternity leave.
To go on maternity leave, a woman must provide her employer with:
- a certificate from the antenatal clinic or other medical institution where she is registered for pregnancy;
- application for maternity leave.
who is registered with the pregnant woman will help you calculate the date of maternity leave Using a calendar, the doctor sets the estimated date of birth (DOD) based on the date of the last menstruation, ultrasound data and other information.
Based on the PDR, the doctor calculates the beginning of the maternity leave:
- for women with a singleton pregnancy, it will occur at 30 weeks ;
- in case of multiple pregnancy - on the 28th .
You can also calculate the date online using numerous services.
When the 30th week of a singleton or the 28th week of a multiple pregnancy occurs, the doctor is obliged to issue the woman a certificate of incapacity for work , which she provides to the employer and, on the basis of it, goes on maternity leave. By week you can calculate how many months maternity leave begins. 7.5 months for a normal pregnancy and 7 for a multiple pregnancy.
If she wishes, a woman can take this document later , and accordingly, give it to the employer later in order to work longer. A certificate of incapacity for work is issued at a time for the entire period of maternity leave, but can be extended due to emerging circumstances - for example, if the birth was complicated.
Later, you can also go on maternity leave by agreement with the employer by concluding a civil contract with him. This measure is necessary so that the woman can receive the payments required under the BiR and payment for the work performed .
If a woman works during maternity leave without concluding such a contract, she will be able to receive only one type of payment - salary or benefits.
legal grounds for going on maternity leave before 30 weeks of pregnancy . These include:
- multiple pregnancy;
- living in an environmentally unfavorable area;
- going on annual paid leave before maternity leave.
A pregnant woman can also arrange a little rest for herself by filing a sick leave with a therapist or obstetrician-gynecologist who is managing the pregnancy. As a rule, doctors take into account the woman’s condition during pregnancy and issue sick leave even if she is slightly unwell. The doctor will tell you how best to do it.
A woman can also go on sick leave if her eldest child under the age of 14 falls .
Watch the video about the timing of maternity leave:
Maternity leave in 2021
Returning from maternity leave is a significant event for any family. A woman who has given birth is forced to continue working and send the baby to a nursery or kindergarten. During this period, the state stops making social payments and young families have to rely only on their own strength. However, at this stage maternity capital can provide serious financial support. A woman supporting a child can use it to pay off a mortgage, buy a car, spend money on medicine, improve her living space and buy a dacha. It’s no secret that the hardest thing for a young mother is if she doesn’t have a good relationship with the child’s father and has to raise the baby alone, without the support of a strong male shoulder. In such situations, alimony can help, which the father is obliged to pay as assistance for the maintenance of the child.
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The new law also states that a woman who gives birth to two or more children can count on an increase in the duration of maternity leave and an increase in the amount of monthly benefits. In other words, if a second child is born in the family, then the period of maternity leave will no longer be 1095 days, as with the birth of the first child, but will be extended for another six months. However, a woman will be able to independently decide how many years her maternity leave will last. If circumstances require a mother to reduce the duration of her maternity leave and go back to work, then such a desire will only be welcomed.
Payment of benefits
So, maternity leave is 140 calendar days for a normal singleton pregnancy, 156 for a complicated birth, and 194 days for the birth of 2 or more children.
Payment for leave under the BiR is made at the rate of 100% of the woman’s average daily earnings for the past two years , and this period does not include:
- time spent on sick leave, including for medical work or caring for a sick child;
- time of parental leave up to 1.5 or 3 years.
If in the last 2 years a woman has been on maternity leave or child care leave for a long time, then she has the right to replace these years with others in which the income she received was higher . In accordance with article number 14 of the 255th Federal Law, accounting years can be replaced if:
- the employee did not work during the billing period due to parental leave or labor and employment;
- the benefit amount will change upward ;
- The periods selected for replacement precede those that need to be replaced.
If the pregnant woman’s work experience is less than six months or the woman’s earnings are less than the minimum wage established at the time of registration of benefits, then the minimum wage value is used for calculation (from January 1, 2018 it is 9,489 rubles).
The maximum benefit amount from 2021 cannot exceed:
- 282.106 rubles 70 kopecks - for a singleton pregnancy and a normal birth (based on 140 days of leave under the BiR);
- 314,370 rubles 47 kopecks - if the birth occurred with complications (in 156 days);
- 390,919 rubles 29 kopecks - if a woman gave birth to two or more children.
Maternity benefits are paid in a lump sum for the entire period of leave under the BiR .
The employer is obliged to calculate the amount of benefits due within ten days from the moment the woman submits her application and goes on maternity leave, and these payments are calculated on the next billing day (on the day of the advance or payment of wages).
Extension of maternity leave
After the end of the BiR leave, the mother takes care of the child; this period is divided into 2 parts:
- maternity leave for up to one and a half years;
- maternity leave for children up to 3 years old.
To register for this period, a woman should write an application at work asking for maternity leave and transfer the due payments. Payments will be transferred on days when the company pays wages, advances or other payments to employees.
Application example:
These periods have significant differences, despite the fact that the first is part of the second. So, when taking parental leave for a child up to one and a half years old, a woman receives monthly payments from the employer, which are compensated by the Social Insurance Fund .
The maximum monthly benefit amount in 2021 is 24,536 rubles 55 kopecks, and the minimum:
- 3,163 rubles 79 kopecks - for the first child;
- 6,327 rubles 57 kopecks - for the second and subsequent children.
These benefits are paid monthly until the child reaches the age of 1 year 6 months. If the period includes incomplete months, the benefit amount is recalculated in proportion to the days.
It is worth considering that the employer may pay benefits in a larger amount, but this will be his own initiative, since compensation from the Social Insurance Fund will not be transferred to him for this.
Leave to care for a child under 3 years of age is also issued upon the application of the mother in the name of the employer. During the period of its validity, the mother is paid monthly compensation in the amount of 50 rubles , and if a woman is employed in several organizations, she has the right to receive this payment in each of them.
After 3 years, parental leave can be extended to 4-5 years only by agreement with the employer, taking out a vacation at your own expense. The law does not provide for such a long vacation.
If the expectant mother wants to work
It is impossible to prohibit a woman from working on maternity leave, although it can be advised to arrange it if she cannot cope with her job responsibilities. But if a young mother decides to go on maternity leave at 8-9 months, this is her right. However, having left for the maternity hospital straight from work, you can forget about the sick leave for the BiR. From the moment she gives birth, she receives child care benefits.
Sometimes a woman wants to receive sick leave and payments for it, but does not give up her salary, wanting to continue working. It is believed that it is possible to write an application to:
- hours, working according to a schedule that suits you. The law does not stipulate how many hours for a pregnant woman is considered “part-time”; you can work for 2-3 hours a couple of days a week, or you can work for 7.5 hours for 5-6 days;
- work under a contract (GPA);
- Perform job duties from home, if possible.
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There are pitfalls here. A normal company that respects the laws and does not want to have conflicts with supervisory authorities will not agree to such a forgery. This is fraught with problems with the Social Insurance Fund and large fines. Therefore, a woman who wants to receive both benefits and a salary will have to choose one thing.
