Decree on hazardous production. Is maternity leave included in the occupational hazard. Parental leave has two periods

So, for the period of work up to 31.12.2001 inclusive, the explanation of the Ministry of Labor is applied Russian Federation dated 05/22/1996 No. 5 “On the procedure for applying the Lists of industries, works, 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 due to 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 length of service giving the right to a pension due to special working conditions includes the period of women's 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 the passage of the 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 it included maternity leave in work experience? I work as a teacher in a kindergarten, I gave birth to my first child in 1988, the second in 1989, and the third in 1996 and was on maternity leave for a year until 1997. (1 answer) Is maternity leave included in the seniority for appointment preferential pension middle school teacher? (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: Before \u003d 14/12 * 8 \u003d 9.33 ≈ 9 days Vacation calculation for harmful conditions labor 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 of a woman's leave to care for a child until the child reaches the age of 1.5 years, if it took place before 10/06/1992, is included in the special length of service when determining the right to early labor pension by old age, subject to the decree 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 positions of the State Fire Service ( fire brigade, firefighting 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 Federal Law No. 319-FZ of 30.12. pedagogical activity in institutions for children, regardless of their age; (clause 19 was introduced by the Federal Law of December 30, 2008 N 319-FZ) 20) to persons who have carried out medical and other activities to protect the health of the population 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-type settlements, or only in cities, regardless of their age;

Is maternity leave included in the occupational hazard

if a woman comes out of maternity leave ahead of schedule for part-time work, her benefits will continue, with full-time work 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 employed in harmful species activities in order to improve health. Harmful experience allows a person who has worked a certain number of years in a dangerous or harmful production, early retirement 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.

Is vacation included in the harmful experience Harmful seniority for pensions Harmful seniority is taken into account by employees 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 exit 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.

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 surgery 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 sick leave on 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 disability certificate in medical institution to take maternity leave.

As for the benefit that a woman going on maternity leave will receive, it is equal to the amount of 100% of the average monthly wages, which is calculated for two recent years 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 law, a woman retains her workplace. 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 general experience without interruption 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.

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 future mother unacceptable, a pregnant woman should not carry heavy things 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, immediately, 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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Getting pregnant and going on maternity leave is what most women in our country dream of. And rightly so, because there is nothing as valuable in this life as children.

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What is a decree, at what stage of pregnancy is it provided, and others topical issues will be discussed below.

Basic concepts

Before answering the question indicated in the title of the article, it is necessary to define the main concepts. In Russia, more precisely, in its modern legislation, the term "decree" does not exist. The Labor Code of the Russian Federation in chapter 41 reveals the basic concepts and rights that are granted to pregnant women and women who have already given birth.

Maternity leave

Popularly referred to as "maternity leave" includes two types of leave.

Maternity leave. This is a clearly defined, based on the criteria specified in the law, the period of time before and after childbirth provided to working women for rest. An important condition is the payment of benefits in the amount determined by law.
Holiday to care for the child. Provided to the parent caring for him until the child reaches the age of one and a half or three years.

To grant this leave, one of the parents must write an appropriate application for leave and payment of benefits and attach certificates from the work of the second, confirming that he did not use this right. The certificate must indicate that the other parent did not take this leave and did not receive benefits for it.

If a mother becomes pregnant during parental leave, she will go on maternity leave with her second child as a general rule.

Please note that in 2019, an updated procedure for determining the amount of the child care allowance is applied. The main difference is the extension of the billing period to two calendar years.

On the question of when you can go on maternity leave, only your gynecologist will answer you.

As soon as the doctor with whom you are observing the pregnancy determines that it is time to go on maternity leave.

He will offer you to issue a number of documents confirming your right to it:

Disability sheet. It will indicate the date of the expected birth, determined by the gynecologist on the basis of all examinations, the calendar date of the beginning of the vacation and its end.
Certificate of registration up to 12 weeks of pregnancy in the antenatal clinic. This document gives grounds for receiving a lump sum allowance.

The above documents must be submitted by the pregnant woman to her employer along with the application for leave written in two copies in her own hand. In order to avoid disputes in the event of a loss of a sick leave or certificate at work, it is recommended that you indicate them in the annex to your application, the second copy of which with the incoming stamp of the organization should be kept for storage.

Legislation

Regulatory legal acts that provide special rights for pregnant women and parents with small children are very diverse.

Below is a list of them depending on the legal force.

Chapter 41 of the Labor Code of the Russian Federation, discloses general concepts and set vacation dates.
Law of the Russian Federation of May 15, 1991 N 1244-1 (as amended on December 21, 2013) “On social protection of citizens exposed to radiation as a result of the Chernobyl disaster”, regulates the period of maternity leave for women exposed to radiation or living in the Chernobyl zone .
Federal Law No. 81-FZ of May 19, 1995 (as amended on July 2, 2013, as amended on June 4, 2014) “On state benefits citizens with children”, establishes the types of benefits, who is entitled to receive them, how they are calculated.
Federal Law of December 29, 2006 N 255-FZ (as amended on November 25, 2013) “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity” reveals the rules for calculating benefits, their minimum and maximum amounts.
Also, do not ignore the regional legislation. In Russia, in some subjects, additional benefits have been established, or existing ones have been increased at the expense of the regional budget.

How long do they go on maternity leave?

Any expectant mother wants to know when the happy time will come, and she will be able to sleep, cook everything for the baby and just enjoy last days pregnancy. Many of them do not understand how to calculate the duration of the decree.

The answer depends on several factors:

maternal and fetal health;
the number of fruits;

The specific date when it will be possible to demand maternity leave from the employer will be calculated by the gynecologist based on the obstetric gestational age established by him.

Under normal condition

When a pregnant woman is in good health and an ultrasound has identified one fetus, then by law she is given the opportunity to rest 70 days before the date of delivery expected by the doctor, that is after 30 weeks pregnancy. The pregnant woman must subtract 70 days from the expected date of birth, determined by the gynecologist.

with twins

If a woman has a multiple pregnancy, when there are two or more children, then the legislator, understanding the complexity and difficulty of bearing, increased the period of leave before childbirth to 84 days. The twins in the belly of a pregnant woman gives her the opportunity to start to rest from 28 weeks.

With pathologies

It is good when mother and child are healthy, but often during pregnancy, doctors reveal various pathologies that adversely affect their condition or threaten life. However, the legislator did not increase the period of leave before childbirth and left it at the same level. in 70 days. A woman with a pregnancy pathology will go on maternity leave at 30 weeks.

But this does not in any way limit her right to inpatient treatment, in confirmation of which she will be given a regular disability certificate.

In the Chernobyl zone

Paragraph 6 of Art. 18 "On the social protection of citizens exposed to radiation due to the disaster at the Chernobyl nuclear power plant" increases the usual prenatal leave up to 90 calendar days for women who live or work in a zone with the right to resettlement. They are guaranteed the implementation of recreational activities outside the zone of radioactive contamination.

In hazardous production

The law does not provide an extended period of leave before childbirth for women working in hazardous industries. But this fact gives them the right, in the presence of a medical certificate and their own application, to oblige the employer to reduce the standards of service and output or transfer them to less harmful work.

Rest duration

The duration of rest after delivery is determined by several criteria:

how was the birth
how many children were born
At what time did the delivery take place?

Under normal conditions

It is important to determine how it is determined that the birth took place without complications.

Normal delivery is the birth of one full-term baby who had a cephalic presentation, the correspondence of the fetal head with the mother's pelvis, generic activity passed without features, and as a result was born healthy baby without obvious diseases and birth injuries.

In such cases, postpartum leave will last 70 days and in conjunction with prenatal should be 140 days.

With multiple pregnancy or complications

If delivery was accompanied by complications or several children were born, the period of postpartum rest increases.

According to the laws of our country difficult childbirth include situations where there were complications from the mother or her fetus. For example, tuberculosis, AIDS, lung disease and of cardio-vascular system, kidney, diabetes, HIV infection, hepatitis and others.

In the presence of complications, the postpartum period of leave is increased up to 86 days and in the aggregate mommy is resting 156 calendar days.

The legislator, realizing that it is difficult with one child, and even more difficult with two at once, provides their mother with the longest vacation. If multiple pregnancy determined before childbirth, then general term leave will be 194 days, 110 days are postpartum.

There are situations when right during childbirth it turns out that there is more than one fetus in the uterus. Then the total duration will still be 194 days, however, postpartum will be already 124 days, because, being pregnant, the woman did not finish the prescribed 84 days.

With premature birth

Complicated delivery is premature birth and the birth of a child after in vitro fertilization. It is important to understand that if preterm birth occurs at the gestational age up to 30 weeks, then in the event of a live birth, leave is granted 156 days. Since it is unfair to deprive mommy of the well-deserved 70-day prenatal leave, to which 86 postpartum days are added. If the fetus died, then only 86 postpartum days.

The birth of a child after the 30th week also entitles the young mother to increased leave. In this case, an additional 14 days are added to the usual postpartum leave of 70 days (total 84 days). For this, an additional sick leave is issued.

Adoption of a child: what kind of vacation can I count on?

Adoption (adoption) is a very important and crucial moment in the life of future parents and adopted children, which will radically change everything. Adoptive parents, like real parents, are entitled to the postpartum part of the leave when adopting a newborn.

The law gives a woman the right, upon adoption, to go either on regular leave or choose maternity leave. The number of vacation days is calculated in the same way. The vacation period begins to run from the moment of adoption of the child, confirmed by the relevant documents, and ends with the expiration of the period specified in the law from the date of birth of the adopted child.

The date when the adoptive parents go on maternity leave corresponds to the date indicated in the adoption certificate or on the birth of the child, if the adoptive parents want to keep the secret of adoption.

The duration of maternity leave depends on the number of children to be adopted. When the child is alone, the total amount of postnatal leave is maintained in 70 days if there are two children 110 days. The prenatal part is not provided.

The main thing is to understand that the same principle applies to adopted children as with relatives. If you adopt a child after it is 70 days old, you are not entitled to maternity leave, but you can use parental leave.

When to go to work?

No one can force a woman to go to work if she is on maternity leave, or to care for a child under three years old. Only she can decide how to dispose of her right to decree.

No production necessity, no, even an officially issued call to work, is optional for a woman. And the punishment for failure to comply with the order of the employer, in principle, is impossible. The law strictly protects the interests of mothers with children.

While a woman is on maternity leave, she retains her position. And she can be fired only upon liquidation of the organization with which she entered into an employment contract. Yes, she can go to work, but only if she wants to and at any time after giving birth.

The happiness of being a parent of a little baby is incomparable to anything else. The first years for the crumbs are the most difficult and important. The state gives one of the parents the opportunity to observe, teach, develop and educate their child for three whole years. Don't give up this right.

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.
All cases are very individual and depend on many factors. Basic information does not guarantee the solution of your specific problems.