Expectant mothers who continue to work during pregnancy, anxiously await the long-awaited decree in order to gain strength before childbirth. But there are also hardworking workers who are not going to go on vacation. Because of this, there are rules that determine when to go on maternity leave.
The concept
Many managers fear the departure of female workers on maternity leave. This causes a change in the work schedule of the entire team, as well as a change in the scope of duties of employees. Therefore, it is important to know when to go on maternity leave in Russia, so that the authorities have time for a personnel reshuffle.
In the Russian Federation, maternity leave is called a temporary dismissal in the last months of bearing a child and his birth. Also, this period involves caring for a nursing baby and children of preschool age.
Due to the absence of a pregnant employee, money is accrued based on the average annual earnings, taking into account a certain minimum wage, which in 2017 is 7,500 rubles. Funds are paid at a time for a vacation. They are issued as social insurance due to disability.
Who needs maternity leave?
Pregnancy disability is mentioned in articles 255, 256 of the Labor Code of the Russian Federation. This period is considered vacation. It is provided to women:
- with an official place of work in municipal, civil organizations;
- unemployed when registered with the employment service;
- non-working full-time students.
Material payments will be insurance coverage. Pay benefits as social insurance. Its size is equal to 100% of the average earnings for the previous 2 years of work. If a woman has taken out insurance, then the allowance cannot be less than the average calculation of wages for employees.
Unemployed full-time students are paid less than the minimum wage. If the seniority is not more than six months, then the benefit is also calculated according to the minimum wage.
Duration in weeks
The country's policy protects the rights of pregnant women and the emergence of a new man. How many weeks go on maternity leave? Often it depends on the well-being of the pregnant woman and on other factors. But usually the following rules apply:
- Many women go on vacation by the 30th week. Then the number of vacation days will be equal to 140 days (70 before delivery and 70 after that).
- When do they go on maternity leave, if twins are expected? Then the rest will last up to 194 days, it starts from 7 months (28 weeks).
- How long do they go on maternity leave if the baby was born prematurely? Then 156 days are laid for rest, and it begins from the date of birth.
- When do people go on maternity leave when living in an environmentally disadvantaged region? Expectant mothers have the right not to work from a 27-week period. 160 days are allocated for them to rest: 90 of them - before childbirth and 70 - after that.
Therefore, there is no strict period during which the decree will last. It is installed individually. If treatment or hospitalization is necessary, additional time may be required.
Calculation of leave dates
It is difficult to determine the exact period of pregnancy. This is usually established after visiting a doctor. Most specialists use the obstetric method, which determines when they go on maternity leave.
Calculations are performed from the beginning of the last critical days. The number, which falls on the 30th week from the previous menstruation, will be the day of going on vacation. Doctors use the gestational method of establishing the period of action with ultrasound.
Decor
According to the law of the Russian Federation, what week do they go on maternity leave? This period is 30 weeks. Pregnant employees must obtain a sick leave certificate from a doctor to exercise their right to rest due to bearing a child and childbirth.
Before completing this document, you must determine the method for calculating the gestational age. If a pregnant woman wants to go on vacation faster, it is advisable to use ultrasound information. The sick leave must be provided to the employer with a statement. Only a documented decree will be paid.
Can I go on maternity leave earlier?
Many expectant mothers wish to go on maternity leave earlier. In order No. 624-n. contains clear information about the month in which they go on maternity leave. But you can start your vacation earlier if you take an annual vacation before the decree.
If it has already been used, then you will have to wait for the time prescribed by law. Often, due to health conditions, hospitalization of a pregnant woman is necessary. Then the question of what time they go on maternity leave will not be important.
May I leave later?
There are also women who work almost until the birth itself, not sparing their health. But this can lead to unpleasant consequences that need to be considered by expectant mothers. According to the above order, a waiver of sick leave is provided. But it is assumed that the right to rest can be used in the future. Then the sheet will be provided "retroactively," that is, the certificate will indicate the date of the 30-week milestone.
Payment of maternity leave
It is important to know not only how many months go on maternity leave, but also how it is paid. When calculating takes into account the period of rest, seniority, earnings.
Maternity leave shall be paid for the following amounts:
- Maternity allowance. The daily average earnings are multiplied by the number of vacation days.
- Payments for early registration. They are laid to those pregnant women who have completed paperwork before 12 weeks.
- Birth allowance. The amount is the same for everyone. For example, in 2016 it amounted to 15 512.65 rubles.
- Payments for child care. Before the baby is 1.5 years old, 40% of the average income can be received every month.
If there are 2 children in the family, the benefits are summarized, but their size should not be higher than the average monthly earnings 2 years before the decree. In some regions, there is a monthly monthly wage program for families with 3 children, until the youngest is 3 years old. Therefore, payments for each woman may be different depending on her situation.
Work on maternity leave
Work on vacation is allowed only on the basis of a civil contract. Then allowance is paid and payment for labor is provided. It is possible not to go on vacation for a period if the employer is not against it. Then a salary will be provided, but the time worked will be deducted from the allowance, and then it will be less. You cannot receive a salary and allowance at the same time.
Can I work on parental leave?
Young mothers are allowed to work on vacation while maintaining benefits, only work should be:
- on an incomplete day;
- under a civil law contract;
- at home.
The working day is not approved by law. It is important to agree on this issue with the employer, because there are no restrictions.
Way out of the decree
Pregnant women can leave maternity leave on their next maternity leave. But then you need to choose - to use the new sick-list and receive benefits, or the allowance will be paid to care for a child up to 1.5 years. Together 2 payments can not be.
Dismissal on maternity leave
The employer has the right to dismiss a woman on maternity leave only if:
- liquidation of a legal entity;
- IP termination.
You can leave work at your own will at any time. It is possible to take advantage of paid leave after decree, extending your vacation.
Does the decree enter into the experience?
Seniority includes a decree, but not all:
- maternity leave is included in the whole;
- parental leave - up to 1.5 years.
But there are some restrictions: parental leave cannot be more than 6 years. It turns out that it is designed for 4 children. And with the birth of subsequent babies, he will not be counted in the experience.
Vacation refusal: what to do?
The employer has no right to dismiss pregnant employees. He must provide legally permitted leave. If you refuse, you need to go to court, which will certainly be on the side of the future mother.
But if a woman quit on her own initiative, then she will not be paid benefits for workers. If the employer insists on writing a letter of resignation based on personal desire, then you need to abandon this.
Pregnant rights
According to the Labor Code of the Russian Federation, expectant mothers have the following privileges:
- transition to easy work;
- preventing the lifting of goods more than 2.5 kg;
- the prohibition of night shifts, work on weekends and holidays;
- breaks;
- prohibition of dismissal and reduction;
- securing a decree;
- obtaining maternity compensation.
But expectant mothers have their own responsibilities that apply to everyone. These include:
- timely notification of the authorities about the decree;
- compliance with the schedule and charter;
- prevention of absenteeism if there are no good reasons;
- fulfillment of basic duties.
Can pregnant women get a job?
Many women in the situation are interested in whether pregnant women can be denied employment. Under article 64, this is prohibited, therefore employers must accept workers to vacant places. In case of refusal, written justification must be requested. Then you can go to court. Usually in such cases there is an administrative penalty. In addition, the employer will be obliged to accept the applicant, paying her moral damage.
The rights of pregnant women are protected by articles 254, 255, 259, 261. They say about benefits, dismissal, the duration of the decree. If you rely on the rule of law, then no one can deceive.