The question of how and at what time maternity leave is paid is of concern to any representative of the fair sex who is in an interesting position. Waiting for replenishment in the family is always accompanied by paid leave at work, and untimely payment of leave can overshadow the mood of the pregnant woman, which in this state is highly undesirable.
According to article 255 of the Labor Code, the minimum duration of maternity leave is 70 days before the birth of the baby and 70 days after the birth of the baby. In complicated births, a young mother receives 86 days leave after the baby is born. For this, it is necessary to draw up a properly executed application and provide it to the employer along with the doctor’s opinion issued in the maternity ward where the long-awaited baby was born. If a woman is expecting not one child, but twins or triplets, then she receives a vacation of 84 calendar days before the expected date of birth of the children, as well as 110 days after becoming a mother. Legislation enshrines the total calculation of maternity leave.
Thus, if a woman gives birth to a child earlier than the expected date, the difference between the length of paid maternity leave, which must be used before the birth of the child, and the actual number of days before delivery, is added to the number of days that are included in the postpartum maternity leave. Payment of vacation should be carried out at the same rates. Payment of maternity leave provides not only for the woman to pay the average monthly wage without taking into account allowances, but also for providing all kinds of allowances and compensations that she would have received if she had fulfilled her labor function as usual. In the case of part-time work, maternity leave must be paid at all duty stations.
If a woman wants to “extend” her maternity leave, she always has the right to ask her employer to provide her with an annual basic leave either immediately before her maternity leave or immediately after it. The employer does not have the right to refuse it for no apparent reason. Thus, in this case, the minimum length of rest time in a row will be 168 calendar days. Payment of maternity leave occurs at the same time before it begins. Upon provision of a certificate of incapacity for work, a pregnant woman receives payments for the entire maternity leave. If a woman takes basic leave immediately after birth, then payment is due no later than 3 days before the end of maternity leave. In practice, there may be cases in which the amount of benefits cannot be determined at the moment when maternity benefits are paid. For example, at first the woman assumed that her maternity leave would last 140 days, but the birth was accompanied by complications, as a result of which she received the right to longer postpartum maternity leave. In this case, the young mother must provide a certificate issued to her in the maternity ward at any time convenient for her. The employer is obligated to pay maternity leave immediately upon the woman providing such a certificate.
According to the new rules of the Russian legislation, when paying maternity leave now not the last twelve months of work are taken into account, but the last twenty-four. The average salary of the expectant mother, paid as allowance, is determined based on her salary over the past two years. However, until the end of 2012, the woman has the right to choose the rules for calculating the average wage for maternity leave, which will be applied specifically to her. She can write a statement about applying to her the old method of calculating the payment of her maternity leave. The employer is not authorized to refuse her and is obliged to satisfy such a statement.