Not all expectant mothers know how much to work to go on maternity leave. Legal illiteracy often leads to violations of the Labor Code of the Russian Federation by employers. Cash support for motherhood in our country is regulated by the Civil, Tax, Labor Codes, as well as several federal laws: 255, 256, 81.
Helpful information
Some Russians are convinced that not only a woman, but also a man has the right to maternity leave. For natural reasons, they cannot use the decree, which means the time after being released from work before delivery.
But dad has every right to take care of a baby up to a year and a half. This applies to grandfather, grandmother, and other guardian. They have the right to apply to the management for payment of sick leave “for a child”. An employee may be refused in the following situations:
- if he is already on annual paid leave;
- took time off;
- on maternity leave
How to go on maternity leave for father
How does maternity leave go? What documents need to be prepared for the father if the mother, for whatever reason, cannot care for the baby? If earlier such questions did not even arise, women went on maternity leave, and their husbands earned money, then in recent years the situation has changed.
Today there are quite a lot of dads who sit with babies up to 1.5 years old. Since the wife’s salary is much higher, she assumes responsibilities for the material support of the family. So, if the father of the family plans to go on maternity leave, the following documents will be required:
- baby's birth certificate;
- certificate from the spouse's place of work;
- copy of her work book;
- a certificate from a medical institution about childbirth;
- copy of marriage certificate
Despite the fact that only the birth certificate of a child is a mandatory document in this list, it is better to prepare a complete set.
Maternity money
How long does it take to go on maternity leave? This question excites all expectant mothers. To begin with, the right to be released from work due to motherhood, as well as the obligatory material support of women, are recorded in the Labor Code of the Russian Federation.
Targeted leave is issued according to certain rules specified in Art. 255 of the Civil Code of the Russian Federation. The employee takes in the antenatal clinic a certificate of registration for pregnancy, then draws up a sick leave.
The rights of pregnant women to work under the Labor Code allow women to maintain their position and average earnings. The only exception is the liquidation of a company or firm.
Vacation duration
Maternity in 2019 are calculated based on the duration of the vacation. Its average duration is 140 days. In case of any complications that a woman has during childbirth or in the postoperative period, another 86 days are added. At the birth of two or more children, vacation increases to 194 days. You need to know that 84 days from this vacation a woman is given before delivery.
What should be the experience
How much needs to be worked out to go on maternity leave, get monetary support and state guarantees? The labor legislation of the Russian Federation guarantees payments only to officially arranged workers.
The Labor Code of the Russian Federation applies only to women who are in an employment relationship with the employer. Workers taken under a civil law contract may not even dream of any maternity or state guarantees.
The allowance is due to any officially working employee going on maternity leave, only its size differs. How much does it take to go on maternity leave and get significant vacation pay? If a woman works in the company for 6 years or more before giving birth, has a high salary, she can count on tangible material support.
In order to rely on a high-level allowance, the expectant mother must have at least two years of experience. The last 13 weeks before going on maternity leave, it is advisable to work at the last place of work. Answering the question of how much work needs to be done for the decree, we note that even if she has been working for less than a year, a woman preparing to become a mother will be able to count on benefits, only her size will be significantly lower.
According to the Labor Code of the Russian Federation, in our country it is enough for a woman to work out a month in the organization in order to count on the payment of maternity.
Seniority does not affect eligibility. An employee who officially holds a temporary position who has gone on maternity leave also has the right to receive maternity benefits under the Labor Code of the Russian Federation.
What determines the size of the benefit
Having figured out how much you need to officially work out to get maternity, we now focus on the amount of the allowance. Its size is influenced by the following factors:
- length of service;
- total length of service;
- salary amount;
- last job period
Women who do not work and owners of their own business (entrepreneurs) are entitled to receive benefits. But this is not about the payments that a young mother relies upon after the birth of the baby and before the age of 1.5. Unfortunately, unemployed mothers do not have the right to maternity money.
Attention! The exception is full-time students of educational institutions, as well as women dismissed due to bankruptcy of the company, private entrepreneurs who entered into an agreement with the Social Insurance Fund. Such guarantees extend to the adoptive parents in the Russian Federation, but only if the child is not three months old.
Specificity of calculations
Is maternity leave an experience? What is the size of the allowance? In Russian legislation there is no clear calculation of the decree, but in Art. 255 and 256 of the Labor Code of the Russian Federation indicate the possibility for a working woman to go on vacation before the birth of the child, as well as to take care of him.
Payment of the decree falls under Art. 255, concerning compulsory social insurance for the period of disability, as well as in connection with maternity, adopted in 2014.
The following factors influence the calculations:
- when expecting one child, a woman has the right to rely on 70 days before the birth of the baby and the same number of days after birth;
- with multiple pregnancy before childbirth, the expectant mother can get 84 days of rest, as well as 110 days after the birth of her babies;
- in case of complications during childbirth 86 days of paid leave are additionally provided.
Decree Payment
Its maximum amount is calculated based on the average salary of the woman with whom contributions to the social insurance fund were made. For example, last year the maximum amount of maternity was 718 thousand rubles. Since two years worked before the decree are used for calculations, a woman can count on the following amounts:
- 343 884, 93 rub. for one baby;
- 248,164.38 rubles with normal birth;
- US $ 276,526.03 with complex delivery.
Calculation algorithm
There is a certain order according to which the calculation of maternity:
- The salary that was accrued two full years before the decree is divided into 730 days (731 days are considered in a leap year).
- The resulting number will be the average daily earnings. It is multiplied by the number of maternity days: 194, 156, 140 (depending on the complexity of childbirth, the number of children).
- The amount received is maternity benefits, which are transferred to a woman at a time.
What is important to know? If a woman worked for less than six months before decreeing, the minimum wage is used in calculating benefits. Features of the calculations are presented in the photo.
If the amount is lower than the minimum wage, in this case, the company must recalculate in a larger direction.
Is maternity leave an experience? What periods are excluded from the calculation of maternity? These issues concern future mothers, so we will dwell on them in more detail.
When calculating average income, the following periods are excluded:
- disability ballot time;
- other maternity leave, pregnancy, childcare;
- paid holidays, if no deductions were made to the Social Insurance Fund.
Other periods from the billing period are prohibited.
Maximum and minimum amounts
Is maternity leave an experience? According to the Labor Code of the Russian Federation, the time of the decree is included in the total length of service, as it is considered the period of temporary disability of the employee. For part-time employees, calculations are based on actual time.
The maximum maternity for 140 days in 2018 amounted to 282 thousand rubles. during normal pregnancy, 314,347 rubles in the case of complex births. At the birth of twins, mother could receive a benefit of 390,919 rubles. 29 kopecks
To summarize
Motherhood is happiness, which any woman dreams of experiencing. In our country, there are measures of material support for women planning to become mothers. Among them is maternity leave, which is maternity leave.
If the expectant mother is registered in the antenatal clinic before 12 weeks of pregnancy, she is entitled to an additional allowance. A woman has the right to decide on the time of maternity leave: at 25 weeks or literally a week before delivery.
At the same time, you need to understand that it is much more profitable to go on maternity leave as close to childbirth as possible to increase the duration of the vacation after the baby is born. The expectant mother should understand that during the entire period of pregnancy the employer does not have the right to dismiss her (if the employment is official).