In order to get maternity leave and sick leave, the expectant mother must be officially employed with any length of service. If it was not possible to find a job, it is necessary during pregnancy to contact the department of employment at your place of residence.
Pregnancy and childbirth
The physical condition of a woman during the bearing of a child, despite the fact that this is a wonderful time in itself, is quite difficult and sometimes even borders on a hazard not only for the health of the expectant mother, but also for the life of the mother and child. Usually, the most difficult time begins closer to the end of pregnancy, which is why the state allowed a woman who is thirty weeks pregnant to go on leave to pay for the baby and childbirth. The expectant mother has the opportunity to gain strength before the upcoming birth and improve her health.
Law and maternity leave
Art. 255 of the Labor Code of the Russian Federation states that a pregnant woman who has received a sick leave certificate has the right to receive maternity leave in the amount of 70 days at her own request. In the case of multiple pregnancy, this period is extended to 84 days. Following maternity leave, there should be 70 days leave after childbirth, 86 days for complex births, and 110 days of dismissal when more than one child is born. Also for this period a woman is entitled to disability benefits. These two vacations constitute one continuous vacation. Even if a woman gave birth before the due date, leave lasts until the time indicated on the sick leave. And if the birth is complicated by the operation, then the sick leave is extended for another 16 days, for which the payment of benefits is also relied.
According to Art. 257 of the Labor Code of the Russian Federation, the worker who adopted the child is also entitled to maternity leave. When adopting one child, 70 days of leave from the day of adoption itself are laid, and when taking more than one child 110 days of leave from the day of adoption are given.
Also, a woman after childbirth, when the sick leave ends before pregnancy and after childbirth, according to Art. 256 of the Labor Code of the Russian Federation has the right to take leave to care for a child until he reaches the age of one and a half years. For the period of vacation, a woman is entitled to payments in the form of a monthly allowance from the social insurance budget. After graduation, the woman decides whether to rest for another 1.5 years without payment, but with the preservation of seniority or go to work.
In Art. 260 of the Labor Code of the Russian Federation states that before leaving for sick leave before childbirth, a woman can use her annual paid leave for the entire current annual period.
In order to receive payments and maternity leave, a woman must be employed, but her work experience does not matter.
Maternity leave payments
A woman who has received and transferred to her employer a sick leave entitling her to receive leave before childbirth receives a one-time transfer from the social insurance fund through the employer. If the birth was complicated by any circumstances, then a new sick leave, issued for another 16 days, is paid according to the same system after transferring it to the employer.
After a woman has safely given birth to a child, she is paid a lump sum payment for the birth of a child. This allowance is indexed by a coefficient of 1.025 every year, for example, at the beginning of 2018 its amount was 16 thousand 759 rubles 8 kopecks. The payment of this allowance does not depend on the labor status of the woman.
Conditions for obtaining maternity leave and sick leave
In order to get maternity leave, a woman needs to be officially employed with any length of service. If it was not possible to find a job, it is necessary during pregnancy to contact the department of employment at your place of residence. The employment center must register the woman in the ranks of the unemployed, and after submitting the sick leave, provide the required leave and payments.
Decree Leave
According to the law, maternity leave and sick leave give the right to rest from work for the period up to the approximate date of delivery and for a certain period after them. Such a law was adopted by the state on the basis of the understanding that it is becoming increasingly difficult for a woman who is in the last weeks of pregnancy to do her job; a woman needs to physically and mentally prepare for the birth itself; pregnancy can occur with any abnormalities, and to maintain it is necessary to observe physical rest.
The need for sick leave before childbirth
A sick leave certificate in connection with the pregnancy of the worker and the upcoming birth is provided in order to give the woman guarantees of material support during her vacation. It is attached to the application for maternity leave and transferred to the employer. A sick leave certificate before childbirth also allows a woman to get 70 days of rest before the birth of a child or 84 days before the birth of several children.
Hospital by B and P
A sick leave certificate in connection with a woman’s pregnancy and upcoming births is issued at the clinic at the place of residence by a gynecologist or paramedic. Duration of maternity leave in days: 140 (70 + 70) in general during normal pregnancy and 194 (84 + 110) in multiple pregnancy.
The sick-list is extended in cases where the birth is complex and requires surgery, for 16 days and in the event that a multiple pregnancy is detected only during childbirth, for 54 days. An additional hospital hospital is issued where the birth took place.
If a woman who is on vacation with a child under three years old is going to give birth to another child, a sick leave before delivery is issued under the same conditions.
If a woman adopts a child under three months of age, she is entitled to a disability certificate for a period of 70 days, if she adopts more than one baby, then a sick leave is issued for up to 110 days from the day of adoption.
In case of artificial insemination, the sick leave is issued by the medical organization that conducted the fertilization procedures.
If a woman is in another city at the time of birth or the last months of pregnancy, then she can receive a sick leave at the local hospital in which her birth took place, or at the clinic at the place of temporary residence. The employer calculates maternity leave, or rather the amount of payments for it.
When give sick leave for BiR
A sick leave certificate is issued to a pregnant working woman within 30 weeks of normal pregnancy and 28 weeks with double or more. A woman may refuse to receive sick leave within 30 weeks, but if she later goes to the hospital for a sick leave, it is issued for the same amount of calendar days.
Rules for filling a sick leave with a doctor
The Ministry of Health and Social Development of the country in 2011 introduced a single form of sick leave. It is made of materials that cannot be faked.
First, the sick leave is filled in the medical institution at the place of issue. According to the instructions of the social insurance fund, the temporary disability sheet must be filled out on a computer and printed using a printer. This avoids blots during manual filling.
If you still have to fill in the sick leave manually, you should use a gel or ink pen. You should write only in large block letters and legible handwriting. When filling out the sheet, only Russian is used.
If in the process of entering any data into the sick leave, an error or blot occurred, such a sheet should be replaced with a new one.
For each record on the sick leave, special cells are provided, beyond which it is impossible to step over.
The second half of the sick leave must be filled in by the employer.
Employer Filling Rules
When filling out a certificate of incapacity for work, an employer should take into account all the requirements of literacy, cleanliness, pens used and letter sizes. Also, the employer must verify the correctness of the filling of the first half of the sick-list.
On the part of the organization, it is necessary to correctly indicate the name, in exactly the same way as indicated in the constituent documents. If the name of the company does not fit in the boxes, you must write, without cutting, as much as fit. Punctuation marks can be omitted.
The social security number and subordination code are indicated in the required column.
After calculating maternity leave and the due amount of payments, it is necessary to indicate the full amount in the box provided for this, the insurance experience at the time of going on vacation.
After the sick leave form is completely filled out on both sides, it is submitted to the FSS.
Calculation of vacation pay
The calculation of maternity leave is carried out by wages for the last two years. If leave for childcare falls on the billing period, then other years can be used instead of this period. All the days that have actually been worked out over two years are added up and the salary received in total over these years according to the 2-NDFL certificate is divided into them. The amount received, called the average daily salary, without tax, is multiplied by the sum of vacation days. A hospital discharge in a maternity hospital with complicated births is paid in the same way, only the average daily salary is multiplied by 16 days of additional postpartum leave.
If a woman’s work experience in general is less than six months, then maternity leave and maternity leave payments, as well as payments for the time of childcare, will be made based on the average daily earnings at the minimum wage (minimum wage) established by law. The minimum wage is changing every year, increasing in index. The amount may not be less or more than the amount of payment established by the state, which is also growing every year.
Vacation Sequence
Many women may not know how to take maternity leave. In order to get a vacation, a pregnant worker needs to pick up the sick leave prescribed by her gynecologist from the polyclinic for the period prescribed by her. Then write a vacation application and hand over both documents to the employer. The employer, in turn, draws up an order for the employee to go on maternity leave and hands it to her for signature. After that, the average earnings for two years are calculated, a corresponding document is prepared and transferred to the Social Insurance Fund. After the documents are verified in the Insurance Fund, the money for the sick leave will be transferred to the employee on a salary card.
An application for a pregnant leave is written in free form. It is only necessary to indicate the person - the head of the organization, his initials, surname, position, his last name, initials and position, the word "Statement" in the center of the sheet and the essence of the statement itself: "Please give me leave due to pregnancy and upcoming birth. The vacation period is indicated as on the sick leave. The date of the application and the signature of the employee are indicated at the end of the document. After all the documents are signed, from the moment of the date indicated on the sick leave, maternity leave is taken.
Baby care
After a woman safely leaves the hospital with her baby and submits a certificate of childbirth to her organization, she is entitled to a one-time maternity allowance. And when the maternity leave and sick leave ends, the woman needs to come to work and write an application for leave to care for the child for a period of 1.5 or 3 years.
Not only the mother of the child is entitled to this vacation, but also the father or any of his close relatives. At the same time, only one family member can be at home with a child. Who sits on vacation with the child, he receives monthly payments for child care. The benefit is paid by the Social Insurance Fund through the employer.
During the decree, the employee experience continues to grow. The working position is retained by the employee while she is on vacation with the child. Allowance for leave for caring for a baby up to one and a half years old is paid based on the average earnings if the woman has been working for more than six months. But the amount cannot be less than the minimum figure established by the state. Benefits for the first, second and subsequent child differ in size upwards.