Length of maternity leave. We are counting the weeks - when can I go on maternity leave? In hazardous production. When do they go on maternity leave? What documents are needed for maternity leave?

So, for the period of work up to 31.12.2001 inclusive, the clarification of the Ministry of Labor of the Russian Federation dated 05.22.1996 No. 5 “On the procedure for applying the Lists of industries, jobs, professions, positions and indicators giving in accordance with Articles 12, 78, 78.1 of the Law of the RSFSR “On state pensions in the RSFSR "the right to an old-age pension in connection with special working conditions and a pension for long service" (hereinafter - Explanation No. 5), approved by the Decree of the Ministry of Labor of the Russian Federation of 05.22.1996 No. 29. The specified explanation states that the special length of service, which gives the right to a pension due to special working conditions, includes the period of women being on parental leave until 10/06/1992, i.e. until the entry into force of the Law of the Russian Federation dated September 25, 1992 No. 3543-1 “On the Introduction of Amendments and Additions to the Code of Labor Laws of the Russian Federation”.

Am I entitled to a harmful pension if I was on maternity leave?

It is granted from the date of adoption or birth, which will be indicated in the documents. Paid leave for the adoption of one child will be 70 days, and two - 110, the legislator does not provide prenatal part. If the adoption took place after the child was 70 days old, then in fact the maternity leave ended.

In this case, parental leave is issued. A temporary disability sheet is issued to a woman with the onset of a certain period, which, according to the law, must correspond to each individual case individually. The document is issued immediately in two parts, prenatal and postnatal, with the assumption that the pregnancy will end with a normal delivery.

Is maternity leave included in the harmful experience

Whether vacation up to 15 years is included in the harmful experience Downtime, absenteeism, training with a break from work are not included in the length of service. Each worker must have a document confirming that he has passed a mandatory medical examination. However, without conducting a survey of existing working conditions, making a decision to provide a person with a pension for harmfulness is unlawful.

Each employer draws up a list of jobs of persons who are direct participants in production activities, for which a preferential labor pension will be issued. Personification of employees on the basis of this information goes to the representative offices of the Pension Fund in the regions. The harmfulness pension in 2017 is retained in full and is accrued when a person reaches the age of reaching this pension, taking into account the required length of service at this enterprise.

Is vacation included in the work experience?

Do you have an answer to this question? You can leave it by clicking on the answer button Related questions Is maternity leave included in the length of service? I work as an educator in a kindergarten, I gave birth to my first child in 1988, my second in 1989, and my third in 1996 and was on maternity leave for a year until 1997. (1 answer) Is maternity leave included in the length of service for assigning a preferential pension to a teacher of a secondary school? (1 answer) Is maternity leave included in the length of service if she went on maternity leave not from work. And does the length of service include the time when you are standing in the employment center not for reduction. (1 answer) Is maternity leave included in the length of service, if at the end of maternity leave I quit of my own free will. Thanks in advance for your reply.

Leave up to 15 years is included in the harmful experience

The said clarification stipulates that the period of women's stay on parental leave until 10/06/1992, i.e. until the entry into force of the Law of the Russian Federation dated September 25, 1992 No. 3543-1 “On the Introduction of Amendments and Additions to the Code of Labor Laws of the Russian Federation”. Harmless instruction on holidays "for harmfulness" DOTS Duration of rest under an employment agreement. NIM Number of whole months worked. If in the current year the employee has already taken part of the additional vacation, then these days are subtracted from the value obtained by the formula.
Example. The employee wanted to take an extra vacation, having worked in hazardous conditions for 8 months. According to the contract for the year he is entitled to 14 days of additional rest.

Is it possible to immediately go on maternity leave if the work is harmful?

In addition, the age of a woman who decides to take early retirement must be at least 50 years old. Harmful experience - lists 1 and 2 It was said above that there are 2 lists that list areas of activity. Working in them for a certain time, a person deserves the right to accrue a pension for harmful experience, as well as the opportunity to retire earlier than employees in other industries.
Are sick leave included in the experience of harmfulness

the employee has the right to count on leave for harmfulness with a duration of: 11 * 0.58 \u003d 6.38 ≈ 6 days.

Form of an order to grant leave to an employee For health workers A health worker can receive additional leave in accordance with Art. 350 of the Labor Code of the Russian Federation. This rule does not apply to all specialists, but only to those working in certain conditions. Article 350

Info

The accountant made the calculation as follows: Up to = 14 / 12 * 8 = 9.33 ≈ 9 days Calculation of leave for harmful working conditions According to Art. 117 TC rest for harmfulness should be at least 7 days. If the organization has set a longer duration for the staff, then the part exceeding the 7-day milestone may be replaced by monetary compensation. The employer must correctly calculate the number of rest days due to the employee.

Harmful pension Thus, the period a woman is on maternity leave until she reaches the age of 1.5 years, if it lasted until 10/06/1992, is included in the special length of service when determining the right to an early old-age retirement pension, taking into account the decision of the Constitutional Court of the Russian Federation dated 29.01.2004 No. 2-P.
FZ.N 319-FZ) 18) to men and women upon reaching the age of 50 years, if they have worked for at least 25 years in the positions of the State Fire Service (fire protection, fire and emergency services) of the Ministry of the Russian Federation for Civil Defense, Emergency situations and elimination of consequences of natural disasters; (clause 18 was introduced by the Federal Law of December 30, 2008 N 319-FZ)19) to persons who have been teaching in institutions for children for at least 25 years, regardless of their age; (clause 19 was introduced by the Federal Law of December 30, 2008 N 319-FZ)20) to persons who have been carrying out medical and other activities to protect public health in health care institutions for at least 25 years in rural areas and urban-type settlements and at least 30 years in cities, rural areas and urban settlements type or only in cities, regardless of their age; (paras.

Is maternity leave included in the occupational hazard

if a woman leaves the decree early for a part-time job, her benefits payments will continue, with a full working day they stop;
maternity leave is counted in the total length of service;
if a woman does not take sick leave before the birth of a child, she will not receive benefits, she will have to immediately go on parental leave;
if the sick leave is issued later than the date established by law, but before the birth, it will be issued retroactively;
if a woman takes paid maternity leave, even if she continues to work, she is not entitled to a salary, finances can be paid to her, for example, as a bonus, but with the permission of the management.

Regulatory documents establish the rights for pregnant women and parents with small children in:

Labor Code, in Ch.

Attention

After reading it, we can conclude that this experience includes the time of annual paid holidays - both basic and additional, which are often provided to people engaged in harmful activities in order to improve their health. Harmful experience allows a person who has worked a certain number of years for hazardous or hazardous work, retire early and apply for benefits. But, getting a job in such specialties, a person must soberly assess the situation and calculate his resources, since work in hazardous industries can seriously undermine health. Is parental leave included in the preferential length of service?

Periods of implementation of the labor function in positions and industries that potentially contain harmful and dangerous factors.
The branch of the economy or the sphere of production in which a specific work was performed

1 st.

Does the length of service include vacation? Harmful seniority for pensions Harmful seniority is taken into account by employees of the pension fund to determine the amount of monthly pension payments, allowances and benefits to pensioners, and also allows a person working in hazardous and hazardous industries to retire early. Statistics show that more than 40 percent of Russians work in hazardous and hazardous industries, performing work that threatens not only loss of health, but in some cases even life. Despite this, people go to work in dangerous areas of activity, because in addition to early retirement, they are attracted by significant additional pension payments in the amount of 2 to 9 percent of the basic accruals.

It is forbidden to work in such conditions, except in emergency situations.

Pregnancy is a stage in a woman's life when you have to think not only about health, undershirts and a new status, but also about your rights, which are guaranteed by the state. In particular, about maternity leave, in connection with which expectant mothers have a lot of questions. No one needs to explain what a decree is, but such moments as leave during a decree or the period of maternity leave itself require clarification.

When should you tell your employer that you're pregnant?

This good news should be reported to the authorities after the 12th week of pregnancy. Before the start of the second trimester:

Be sure to register with your antenatal clinic.

Pass all required examinations.

The risk of a threatened miscarriage, starting from the second trimester, decreases, and you can confidently tell the employer that you are waiting for replenishment. What else needs to be remembered?

Work in a hazardous industry for a future mother is unacceptable, a pregnant woman should not carry heavy loads at work. If this is just your situation, then you should contact your superiors with a request to change working conditions. And, of course, in this case, the employer must be notified as soon as possible.

Before 12 weeks, you can report pregnancy even if there is a risk of miscarriage. Do not forget to take a certificate of pregnancy in order to protect yourself legally from possible dismissal.

The moment for a conversation with the authorities is better to choose according to him and his mood. If the mood leaves much to be desired, postpone the conversation for another day.

Official maternity leave. How long does it last and what week does it start?

According to the Labor Code, the expectant mother's maternity leave includes 70 calendar days before, directly, childbirth and 70 days after them. In what cases can maternity leave be extended and by how much?

If a woman is expecting twins (or more babies are expected), maternity leave increases to 84 days before the birth of the child and up to 110 days after the birth.

During childbirth (one baby) with complications, maternity leave can be extended up to 86 calendar days.

Working or living in an area that is considered radioactively contaminated is also a reason to extend prenatal leave to 90 calendar days.

When should I apply for maternity leave?

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The current legislative framework of the Russian Federation (as amended at the beginning of 2018) does not use the concept "maternity leave". This expression is only a slang name common in our country for two types of vacation, following one after another, as a rule, without a break, and drawn up in different ways:

The procedure for applying for maternity leave

Sample application letter for maternity leave

An application regarding the need to go on maternity leave is absolutely no different from any other application act, and also has a standard structure:

“header” (upper right corner of the sheet), which indicates the name of the organization, last name, first name, and patronymic of its head, and in the same corner below, the last name, initials, position of the applicant should be indicated;
the name of the document, namely, the "statement", which is written without quotes in the middle of the sheet below the "cap";
the main text, which can be presented in an arbitrary format; the main thing is that the applicant is able to register a request for the registration of the leave she needs, its temporary boundaries and state a request for the appointment of one or another allowance;
all additional documents attached to the application are listed below (as a rule, these are the original sick leave issued by the medical institution and the original certificate issued at the antenatal clinic, which confirms the state of pregnancy);
in the lower right corner, the applicant puts the date of submission of the document, as well as his own signature.

After submitting the application and all necessary documents, the employer issues maternity leave order, an example of which is shown below.

Working women who are pregnant and are soon preparing for the birth of a baby should be well acquainted with labor laws. It provides for such a concept for a pregnant woman and a woman about to give birth as maternity leave. During this period, a woman is protected and has a number of extended rights to certain social benefits.

What is maternity leave?

Many pregnant women often confuse the two concepts of maternity leave and parental leave. Out of habit, a woman’s decree is called exactly the period after childbirth, which labor legislation gives a woman to take care of a newborn child. But in fact, maternity leave begins even before childbirth.

Maternity leave is not only free time from work only after childbirth. This leave also applies to a short prenatal period. If a woman works officially, then the employer, according to the law, does not have the right to force a woman to work longer than the period specified in official documents. The employee is required to provide a certificate of incapacity for work and an application for leave.

When do you go on maternity leave?

By law, expectant mothers are granted leave from the thirtieth week of pregnancy. If a woman has a multiple pregnancy, then she has the right to maternity leave from the 28th week.

Maternity leave periods:

In case of a same-sex pregnancy, the length of maternity leave is 140 days. They include 70 days before delivery and 70 days after delivery;
In case of multiple pregnancy, a woman is granted maternity leave for 194 days. They include 84 days before delivery and 110 days after delivery;
If there were complications during childbirth, which also includes a caesarean section, then the number of days in the postpartum period increases by another 16;
If complications arise during childbirth associated with a stay in a hospital, then maternity leave is extended for the entire necessary period of treatment. It is necessary to write out a second sick leave. When paying for this sheet, their administrative nuances will be taken into account;

When do they go on maternity leave and how to prepare for it?

So, on maternity leave with a singleton pregnancy, they are sent at the 30th week. This type of vacation begins with the receipt of a sick leave for pregnancy and childbirth, which is issued in a consultation where women are registered.

If a woman was not registered for pregnancy management, she still has the right to receive a certificate of incapacity for work in a medical institution in order to apply for maternity leave.

As for the allowance that a woman on maternity leave will receive, it is equal to the sum of 100% of the average monthly salary, which is calculated for the last two years of work. Further, the woman will receive an allowance for caring for a child at the age of 1.5 years. The employer will pay the woman 40% of her monthly earnings. It is important to know that parental leave (not maternity leave) can be taken by any family member. But only on condition that the woman returns to her work duties.

In medical terms, maternity leave is designed to give a woman the opportunity to bear the baby favorably in the last stages of pregnancy. That is why the decree begins at 30 weeks or 28 weeks (for multiple pregnancies). During this period, the physiological processes in the body of the mother and child begin to activate. This requires the pregnant woman to have an even more sparing diet, sleep, as well as stable emotional peace.

From the thirtieth week, leaving on maternity leave from her workplace, the pregnant woman enters a period of rest, physical and psychological preparation for childbirth. If you maintain your ability to work and attend work, then such conditions are almost impossible to provide.

Mandatory points that women should know about the decree:
1. According to labor legislation, a woman keeps her job. The employer does not have the right to dismiss, reduce, or even transfer a woman who is on maternity leave to another job;
2. Any maternity leave must be paid. This is done through social insurance funds;
3. Every woman has the right to refuse maternity leave, but doctors do not advise doing this, in order to preserve the health of the mother and baby;
4. The total time of the decree will be counted to the woman as the total length of service without interruption of labor activity. At any time during maternity leave, you can return to work, for example, on a part-time basis. In this case, you will keep your child care benefits. If you leave for the whole day, then payments will no longer be made;

Many women agree that maternity leave is a great time for self-improvement, calming down and relaxing. During this period, every pregnant woman can provide herself with psychological comfort in preparation for childbirth. After the birth of a baby, life will change dramatically, so there is no need to doubt the need for postpartum leave.

You are confusing something. Maternity leave, i.e. maternity leave, can only be granted after 30 weeks of pregnancy.

At the moment, you are eligible for a transfer to light work. The employer is obliged to provide you with work that is not related to harmful factors, while maintaining average earnings. No such job? This is the employer's problem. Let him let you go home, but he pays the average salary for the entire time before the onset of the vacation in BiR.

Article 253

The use of women's labor in hard work and work with harmful and (or) dangerous working conditions, as well as in underground work, is limited, with the exception of non-physical work or work on sanitary and domestic services.

It is forbidden to use the labor of women in work related to the lifting and manual movement of weights that exceed the maximum allowable norms for them.

The lists of industries, jobs and positions with harmful and (or) dangerous working conditions, where the use of women's labor is limited, and the maximum allowable load standards for women when lifting and moving weights manually are approved in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on the regulation of social and labor relations.

Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years

Pregnant women, in accordance with a medical report and upon their application, have reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining their average earnings from their previous job.

Until a pregnant woman is provided with another job that excludes the impact of adverse production factors, she is subject to release from work with the preservation of the average earnings for all missed working days as a result of this at the expense of the employer.

When undergoing a mandatory dispensary examination in medical institutions, pregnant women retain their average earnings at the place of work.

Women with children under the age of one and a half years, if it is impossible to perform their previous work, they are transferred, upon their application, to another job with wages for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years.

Article 255. Leave for pregnancy and childbirth

ConsultantPlus: note.

Law of the Russian Federation of May 15, 1991 N 1244-1 for women permanently residing (working) in the territory of the zone of residence with the right to resettlement, prenatal leave is established for 90 calendar days with recreational activities outside the territory of radioactive contamination.

Women, upon their application and on the basis of a certificate of incapacity for work issued in accordance with the established procedure, are granted maternity leave of 70 (in the case of multiple pregnancy - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, at the birth of two or more children - 110) calendar days after childbirth with the payment of state social insurance benefits in the amount established by federal laws.

Maternity leave is calculated in total and is granted to the woman completely regardless of the number of days she actually used before giving birth.

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If the employer has a different opinion, then write a complaint to the prosecutor's office and the labor inspectorate.