When to take maternity leave. Decree procedure. What benefits are provided to pregnant women before the decree

Pregnancy is a wonderful time in a woman's life, but at the same time headache her employer. The head must know how to calculate maternity and pay, in what time frame the transfer needs to be made, and what affects the amount of the benefit. Let us consider in detail the maternity leave, as well as analyze the features of the calculation of maternity leave and the procedure for their transfer.

IN ordinary life maternity leave, as a rule, is called the entire period while a woman is freed from work in order to carry, give birth to a child and care for him until he is 3 years old. But the legislation divided this concept into 2 segments: (ground - Article 255 of the Labor Code of the Russian Federation) and (ground - Article 256 of the Labor Code of the Russian Federation). Whereas the monthly social payment child care is stably 40% of the average earnings, the calculation of benefits for pregnancy and childbirth has its own characteristics.

Calculation of maternity payments

To calculate correctly maternity payments, we turn to the procedure established by law. To begin with, we note that the period for which the lump sum should be calculated maternity allowance, is 140 days, with multiple pregnancy- 194 days, and with difficult births - 156 days. All this is reflected in Art. 10 federal law No. 255-FZ. It is also written there that in the case when a woman is on leave to care for a child already born and plans to give birth to the next one, she herself needs to choose only one of the two benefits provided.

The period for which the lump-sum maternity allowance must be calculated is 140 days.

Maternity allowance is paid to a woman in the amount of 100% of her salary. The length of her official work may have some influence. If it is less than six months, then the rate for the minimum wage - the minimum wage (in 2018 it is 9489 rubles) is taken as an indicator of average earnings per month, coefficients are also taken into account.

The formula for the general definition of maternity payment includes 3 quantities:

An employee's income for the previous 2 years (if, for example, the calculation is in 2018, then 2016 and 2017 are taken).
The number of days in this period (730 or 731 days if the year was a leap year).
The number of maternity days required for the calculation (140, 156, 184).

Benefit calculation rules

There are certain restrictions and rules for calculating benefits. According to paragraph 3.2 of Art. 14 of Federal Law No. 255-FZ, the annual average earnings of an employee leaving on maternity leave cannot exceed the maximum amount of the base for calculating insurance premiums. In 2018, this amount is set at 815,000 rubles, but you need to calculate the amount of maternity leave based on the previous 2 years, so you need to know their limit.

In 2017, the maximum base for calculating insurance premiums was 755,000 rubles, and in 2016 - 718,000 rubles. When calculating maternity benefits in 2018, you must take these amounts into account.

Maximum benefit amount: (755,000 + 718,000) / 730 × 140 = 282,493 rubles 15 kopecks. The minimum allowance in 2018 is: (7500 × 12 × 2) / 730 × 140 = 43,675 rubles 40 kopecks.

You can program the maternity pay calculator at the enterprise yourself (for example, in Microsoft Excel) or determine payments manually.

The income for the previous 2 years does not include sick leave, previous maternity, as well as payments made for any other periods during which the income received was not accrued established by laws insurance premiums. If it so happened that the employee was on maternity leave during the previous 2 years required for the calculation, then she can completely replace one or both of the calculation years with the previous years. So she can increase the amount of benefits. That is, in this case, she has the right to choose the years for which her maternity leave is calculated.

As mentioned above, the length of service of an employee can affect the amount of maternity benefits. What should an employer do if his employee has 1 year of experience? The rule is the same for all officially employed women, so the billing period will also be the previous 2 calendar years. In this case, the actually worked time that falls on the previous calendar year, is taken in the amount of 100% of the average earnings (say, the last 5 months of that year), for the remaining months (in our example there are 19), earnings are set at the minimum wage.

The length of service of an employee may affect the amount of maternity benefit. The rule is the same for all officially employed women.

At the same time, each worker has her own maternity calendar, however, the allowance itself is calculated according to the same formula.

How maternity pay is calculated

As soon as the pregnancy reaches 30 weeks, in the antenatal clinic, the gynecologist prescribes sick leave. It indicates the days for which maternity leave is paid.

The employee must provide the following documents to the accounting or personnel department:

Disability certificate for pregnancy and childbirth.
Certificate of early registration, if applicable (required for additional lump sum payment in favor of a pregnant worker).
Free form application. The sample can be viewed.
Certificate of actually received earnings for the previous 2 years in the form established by Order of the Ministry of Labor No. 182n. It is provided if the employee has worked in another company for the last 2 years.

Maternity sick leave is paid in general order, according to Art. 15 of Federal Law No. 255-FZ. Within 10 days from the date of receipt of the documents from the employee, the calculation and accrual of benefits takes place, while the payment is made on the next day the salary is issued. The payment deadline must be observed - for violation by the employer, in accordance with Art. 236 of the Labor Code of the Russian Federation, is obliged to pay a penalty. The surcharge to the overdue payment is 1/300 of the established refinancing rate of the Central Bank for each overdue day.

The employer assigns and pays the maternity allowance. The state compensates the funds paid by the employer, as stated in Art. 4 of Federal Law No. 81-FZ. Employees of the Social Insurance Fund transfer these funds within 10 days to the employer's account. By the way, maternity benefits are taxable (Article 217 of the Tax Code of the Russian Federation).

Maternity leave benefits are not taxable.

Additional payments

In addition to the basic sick leave payment, employees who go on maternity leave are entitled to additional payments:

1. Lump sum payment.

It is fixed, established taking into account the annual indexation and until February 1, 2017 is 15382 rubles 17 kopecks. One-time payment produced by only one of the parents. To receive it, you must provide the employer with a birth certificate of the child, a statement from the parent applying for the payment and a certificate stating that the other parent has not received this payment and does not plan to.

2. Payment for early registration in the antenatal clinic.

The 12th week of pregnancy is the milestone before which you need to register in order to receive this payment. Until February 1, 2017, it amounts to 576 rubles 83 kopecks and is paid simultaneously with the maternity allowance. To receive a lump sum payment, an employee must provide the accounting department with a relevant certificate from the antenatal clinic.

The basic allowance and additional payments are also due if a woman, being pregnant after a period of 30 weeks, continues to work and she keeps her salary. However, as soon as the maternity leave turns into parental leave, the monthly social allowance will be paid only if the woman is part-time or working at home ().

If an employee continues to work after 30 weeks and receives wages She still needs to pay benefits.

Some formalities

Before going on vacation, immediately after it, or after 3 years have passed since the birth of the child, the employee has the right to go on vacation if she wishes, while her work experience does not affect the situation (). Some women take this leave after the paid 140 days, because they get a little more money than the child care allowance, thereby stabilizing their financial situation a little.

A pregnant woman or a woman caring for a child under the age of 3 is not allowed. Based on Art. 261 of the Labor Code of the Russian Federation, dismissal is possible only in the case of an agreement with a pregnant woman, but with its extension until the moment of delivery or on her initiative at any time. If the termination of the employment contract nevertheless occurred, the woman is entitled to estimated compensation. She has the right to receive money for the next vacation of the previous period.

Maternity payments are due to every officially employed woman who is going to become a mother. They are 100% of her average earnings for the previous 2 years. The head must pay her an allowance, but not from his own pocket, but at the expense of the Social Insurance Fund. Any delay in payments is "punished" by law, so you should be careful in the performance of your duties.

labor law Russian Federation a woman has the right to stay on maternity leave. A decree is a period of time during which a pregnant woman prepares for the birth of a child, restores health after childbirth and brings up a baby for three years after birth. At the same time, mom remains on maternity leave workplace, and the decree itself is included in the length of service. Let's take a look at the most topical issues concerning the maternity decree.

Russia is one of the few countries that provides new mothers with a fairly long time to rest before and after the birth of a child, so the topic of maternity leave has many important nuances and never loses relevance. The employed part of women, shortly before the onset of the decree, is faced with questions of the most diverse plan: when do they go on maternity leave, what is the procedure for processing documents, what payments are due during this period, and what are the obligations of the two sides of the labor relationship to each other? We will try to answer all pressing questions in order.

Legislation on maternity leave

The term "maternity leave" means two time periods - maternity leave and maternity leave. All issues regarding the decree are currently regulated by the following legal norms:

chapter 41 Labor Code RF;
article 10 of the law of the Russian Federation No. 225-FZ;
order of the Ministry of Health and Social Development of Russia No. 1012n dated December 23, 2009

Maternity leave should be taken as sick leave, and it is documented on a regular sick leave. Release from work duties for this period expectant mother very handy: the last weeks before childbirth are especially difficult in terms of well-being, and even after the birth of a baby, a woman needs some time to get stronger and return to her former rhythm of life.

During parental leave, the woman is wholly owned by the baby - up to the age of three little man still cannot show sufficient independence for his mother to leave him and go to work. After three years, the psychological dependence on the mother weakens, and from that time the child acquires the status of a preschooler.

Employed ladies, including those who are in military service, are entitled to maternity leave. Students and the unemployed also belong to this category of pregnant women, but only on condition that they are registered with the labor exchange.

What week of pregnancy go on maternity leave

At the first visit of the pregnant woman to the antenatal clinic for registration, the obstetrician-gynecologist will inform her of the expected date of birth, which will be calculated on the basis of the obstetric period. For a period of about 30 weeks, the PDR can be clarified based on the results of examinations and ultrasound.

PDR - the fundamental date when applying for maternity leave:

if the pregnancy proceeds normally, the woman goes on maternity leave after the 30th week of gestation;
with multiple pregnancies, rest for the expectant mother begins a little earlier - at the end of the 28th week of gestation.

Only a woman can decide at what stage of pregnancy to go on maternity leave, since this is her right, but not a duty. In other words, the expectant mother can take sick leave and not leave her workplace until the very birth, but at the same time, the end date of the decree cannot be postponed, it strictly corresponds to the disability sheet.

In most cases, there is no break between sick leave due to pregnancy and childbirth and parental leave, smoothly moving from one to the other. However, there are options here as well. So, you can not go on parental leave at all or arrange it a little later.

How to calculate maternity leave yourself

A pregnant woman herself can determine when she can go on a well-deserved rest and give herself up to the pleasant chores of arranging a family nest for the comfort of a newborn. It has already been said above that the optimal time to start a decree is 210 days or 30 weeks of pregnancy. So it will not be difficult to calculate the date of maternity leave, provided that the gestational age is determined accurately: for this, 210 days must be added to the date of the first day of the last menstruation. Please note that the calculations will only be correct if the woman's menstrual cycle is regular.

Length of maternity leave

Terms of maternity leave:

normal pregnancy and safe delivery without complications - 140 days (70 days before and after the birth of the child);
difficult labor - 156 days (70 days before delivery and 86 days after delivery);
the birth of twins, triplets - 194 days (84 days before birth and 110 days after).

The duration of parental leave does not change - the mother takes care of the baby until he reaches the age of three.

What documents are needed for a maternity leave

To go on maternity leave, the expectant mother must provide medical certificates from the LCD at the place of work to determine benefits, and also write a corresponding application.

What points should be considered by a pregnant woman when going on maternity leave:

The expectant mother receives a disability certificate exactly 70 or 84 days before the due date, regardless of whether this is included in the plans of her employer or not. If a woman combines two jobs, Required documents issued for each company.
When registering with the LCD before 12 weeks of pregnancy, along with a certificate of incapacity for work, a woman is issued a certificate for provision at the place of work and assignment of payments in the decree.
The personnel department or the accounting department may ask the pregnant woman for identification documents, a 2-NDFL certificate from her previous job, and details of the organization where the benefits will be transferred.
Next, the pregnant woman personally writes an application for maternity leave, which indicates the timing and need for payment of benefits. In most cases, money is transferred to a plastic salary card, but other details can be left in the application.
The personnel department draws up an order for the employee to go on maternity leave, supported by the relevant documents.
To apply for parental leave, you need to write an application, provide a passport, as well as the original and a copy of the child's birth certificate.

When maternity leave during pregnancy can take place earlier

You can deviate from the standard terms of the decree 70 or 84 days before the expected birth and go on vacation earlier if you combine this sick leave with another sick leave or vacation:

If there is a high risk of spontaneous abortion or serious illness the expectant mother needs to see a doctor (district therapist, gynecologist, “narrow” specialist) in order to receive a certificate of incapacity for work or a referral for preservation in a hospital.
Before the start of maternity leave, a pregnant woman can be provided annual leave, while the duration of work at the enterprise is not taken into account - this is reflected in the legislation. He is paid the same as anyone else.
Women who already have two or more children under 14, single mothers, mothers of children with disabilities under 18 can count on additional unpaid leave.
If the family has children under the age of 14, one of the parents may be issued sick leave when they are sick.

Paid maternity leave during pregnancy

Easy to find on the internet online calculator decree during pregnancy. The program calculates the time when the expectant mother is entitled to maternity leave, as well as the amounts that she will receive.

The online calculator, when calculating pregnancy, maternity leave and the amount of benefits, invariably operates with the same indicators:

term - 150, 153 or 194 days;
work experience - if a woman has been working at the enterprise for less than 6 months, the calculations are made taking into account the minimum monthly wage (SMIC); if more, then 2 years are taken into account before the year of going on maternity leave;
billing period: labor legislation establishes a calculation for two years that precede the maternity one. If at that time a woman was on a different decree, she can choose any 2 years from her seniority by filling out the necessary application;
average daily earnings: the total salary or minimum wage calculated over 2 years is divided by 730.

In 2018, during pregnancy, the decree provides for 5 types of payments:

maternity benefit - its size is determined based on the number of days of absence from the workplace, which are indicated in the issued sick leave. The amount of payments is calculated according to the average daily earnings and the number of days in which a woman is released from work. Minimum size monthly allowance cannot be less than the minimum wage (from 01.01. 2018 is 9489 rubles);
the right to additional allowance to payments under the decree to a woman gives early staging for registration in the LCD (up to the 12th week of pregnancy). This amount has a fixed amount and in the current 2018 is 613.14 rubles;
a one-time allowance at the birth of a child - from 01.02.2017 it is 16,350.33 rubles;
monthly allowance for child care until the baby reaches the age of 1.5 years. The amount of this payment is 40% of the mother's average salary for 2 years before going on maternity leave. Its minimum size is 3065.69 for the firstborn and 6131.37 for the second and subsequent babies, maximum size benefits - 23120, 66 rubles. per month;
monthly allowance for the care of a child up to the age of three - its amount is 50 rubles. per month. For families with twins and triplets, the amount of payments remains the same as the allowance up to 1.5 years.

What you need to know about the second pregnancy on maternity leave

We found out what documents to issue to a pregnant woman in order to go on maternity leave. Now consider another situation that young families often face - what if the news of the second pregnancy caught the mother when she had not yet had time to get out of the first decree?

In this case, you can move from one decree to another, while taking into account some of the nuances:

Write an application to the enterprise in which it is necessary to notify the employer of the need to provide you with a new maternity leave. Therefore, parental leave will be terminated.
Labor legislation provides that a woman can count on only one allowance to choose from.
When moving from one decree to another, be prepared for the fact that the amount of payments will be different. This is due to a change in the billing period, on the basis of which the amount of maternity is calculated.
If you want to take other years as the basis for the billing period, write a statement to the employer about this.
So that you do not have to choose only one of the two benefits, you can arrange a second parental leave for your relative. To do this, take a certificate from your place of work stating that you are not on maternity leave and do not receive this benefit. Then the amount of the benefit will be calculated from the income of the person who will take responsibility for “being on maternity leave” instead of you.

Who Cannot Receive Maternity Allowance

unemployed women who are not in the labor exchange;
women who have issued IP;
part-time students.

Every woman can refuse the right to go on maternity leave, but doctors are categorically against such an arrogant and thoughtless act. Last weeks before childbirth is a great opportunity to calm down, relax and tune in to the fact that very soon life will change dramatically.

Hello! In this article we will talk about the concept of a decree and its design. .

Today you will learn:

How and when does maternity leave take place?
What documentation is collected for this;
How can you increase maternity leave?

Expecting the birth of a baby is an exciting event for every family. All relatives usually prepare for it. Information on how to properly issue a decree is important both for the most newly-made mother and for leaders. This is what we'll talk about today.

The concept of maternity leave

In fact, there are 2 periods of time that are called maternity:

The payable period before the child was born and after that;

The term "maternity leave" in its legal sense does not exist. This definition refers to maternity leave, and then to care for the baby.

Periodicity

Since the vacation is divided into several types, its periods are also different. Let's dwell on this in more detail.

Maternity leave. Until the date of delivery is provided for 70 calendar days and the same after them. If the birth took place with complications: 70 days before the date of birth and 86 after them, if the pregnancy is multiple, then 84 days before the date of birth and 110 after them;
Until the child reaches one and a half years and three years.

Maternity leave period

Most often, an employee informs the employer of her maternity leave much earlier than you need to start preparing documents. Most of them are now registered for up to 12 weeks, about this antenatal clinic a special certificate is issued. The woman gives this certificate to the employer.

As for the timing of care, this is the 28/30 week of pregnancy. At the same time, a corresponding statement is being written.

Rules and terms of registration

First, the date on which maternity leave begins and when it ends is determined. It starts from the date when the doctor writes out a disability certificate to the employee.

To find out the date of its end, you need to add 140 to the first day that is non-working. The date that follows the end of this time will be the start date of the parental leave.

If a woman is expecting several babies, then the sick leave will be issued to her fourteen days earlier, and closed after 194 days.

Births that took place with complications are a special situation. In this case, the woman is issued an additional sick leave for a period of 16 days. It can be provided immediately after the required 140 days are over.

The employer does not have the right to, and providing leave is his responsibility.

Documents for registration of maternity leave

An employee submits a completed documentation package to the personnel department of her organization. Consider and give brief description this list.

Formed certificate of incapacity for work.

The date from which the employee goes on maternity leave must at the same time be the date from which the sick leave is open.

Statement.

Be sure to make sure that it is filled out correctly: indicating the name of the organization, with the surname and initials of the employee herself.

She must indicate that she is asking for maternity leave and benefits. You should also check the correct date of release on maternity leave and the date of return to work.

Woman's passport.

Here comments are superfluous: it must be provided.

Certificate confirming income for the 2 years that preceded the decree.

If a woman worked in another organization, then a certificate should be taken from there. If for various reasons it is impossible to obtain data, a request is made to the FIU. It takes about 10 days to process it, so make sure to account for this time.

When all the documentation is collected, an order is issued in a special form. As soon as the order is signed, the employee has the right not to fulfill her duties.

Can I go on vacation before maternity leave?

It happens that it becomes physically difficult for the expectant mother to work before the official date of the decree. For such situations, the law provides that the employer can provide the employee with another annual. Its duration is the standard 28 days.

A woman can use her right to such leave only if there are days of unused leave during the worked period. If the vacation is taken in advance, and before leaving the decree, the employee quit, her vacation pay will be withheld.

Is it possible to work and stay in DO

If a woman wants to work at this time, she has such a right. But then sick days will be reduced, as will maternity payments. For those days of sick leave that are not used, the employee will be paid only the due amount of salary.

There are, albeit rare, managers who pay in full both salaries and maternity payments. But this is a rarity, although you can defend your right to it through the judiciary.

Leave for husband

It is also worth following the advice of specialists and deciding in advance who will perform the duties of an employee who has gone on maternity leave. Do not forget about the correct execution of all documentation and the necessary order.

In November 1917, the Council of People's Commissars of the RSFSR adopted the Decree "On benefits for pregnancy and childbirth." Since then, the period when a woman is preparing for motherhood and caring for a newborn has been popularly called maternity leave, or decree.

From a legal point of view, the decree is divided into:

Maternity leave (only the expectant mother can take).
Parental leave (may be taken by dad or, for example, grandmother).

Both are provided and paid only if the work is official and the employer makes contributions to the Social Security Fund.

During maternity leave, a woman retains her place of work.

How long is maternity leave?

The expectant mother needs to prepare for childbirth, and caring for a newborn requires a lot of time and effort. As a measure social support The state guarantees working women the right to maternity leave (M&R).

Maternity leave consists of prenatal and postnatal periods. The expected date of delivery is set by the gynecologist. The doctor also writes out sick leave for pregnancy and childbirth.

Usually they go on maternity leave on the 30th week, and the corresponding vacation is 140 days.

In some cases, a woman may go on maternity leave earlier, then its duration will be longer.

When adopting or adopting a woman, only the postpartum part of the B&R leave is provided - 70 days for one child and 110 for two or more.

To extend the postpartum part of the B&R leave, you need to apply for another sick leave and write an application to the employer.

Can maternity leave be extended further?

You can add a regular vacation to the BiR vacation. According to Article 260 of the Labor Code of the Russian Federation, planned leave can be taken:

before going on maternity leave (up to 30 weeks of pregnancy);
after the end of the B&R vacation (after 140 days);
after the end of parental leave.

At the same time, it does not matter whether the woman worked in the organization for six months and on what date she was put in the vacation schedule.

How to take maternity leave?

To go on maternity leave, you need to write an application addressed to the director.

In the header of the application, you should indicate the full name. and the position of the head, as well as the name of the addressee. The text should include a request to provide leave for BiR (with dates on the basis of sick leave) and accrue due allowances. At the end - a signature with a transcript and a date. A certificate of incapacity for work must be attached to the document.

Based on the application, the organization issues an order to grant maternity leave. The woman gets acquainted with him under the signature. And within 10 days, maternity pay is accrued to her.

How is maternity leave paid?

Going on maternity leave, a woman receives an appropriate allowance.

The maternity allowance is paid at a time and in total for all vacation days.

The maternity allowance (PPBiR) is 100% of the average earnings for the two years preceding the decree. It is calculated according to the following formula:

PPBiR \u003d income for 2 years before the decree / 730 or 731 days × number of days of the decree.

At the same time, the average earnings should not exceed the maximum established by law: in 2015 this amount amounted to 670,000 rubles, in 2016 - 718,000 rubles. In addition, the total number of days in a two-year period excludes sick days, vacations at own expense, time off and other periods in which the employee did not accrue insurance premiums.

You can calculate your maternity benefit using the calculator on the website of the Social Insurance Fund. Since maternity leave is accrued on the basis of sick leave, the calculation is carried out as for paying a sick leave.

What other payments and benefits are due to mothers?

In addition to maternity, a woman has the right to count on several more benefits (plus maternal capital at the birth of a second child and subsequent).

Allowance for registration in early dates- 613 rubles (as of February 2017). It is paid together with the B&D benefit if the woman went to the doctor before 12 weeks of pregnancy and wrote a corresponding application to the employer.
Benefit at the birth of a child - 16,350 rubles (as of February 2017). Paid as a lump sum to one of the parents. If the mother draws up, she must write an application, attach the birth certificate of the child and a certificate that the father did not use the allowance.
Allowance for caring for a child up to one and a half years in the amount of 40% of average earnings.

Who can take parental leave?

At the end of the BiR vacation, a woman can take parental leave or. In the latter case, parental leave can be issued by the father, grandmother or other relative who will sit with the baby. They may receive benefits.

Parental leave can last until the child is 3 years old, but only the first 1.5 years are paid.

In the period from 1.5 to 3 years is paid monthly compensation- 50 rubles.

The algorithm for calculating child care allowance (PCB) is approximately the following:

PTSD = income 2 years before the decree / 730 or 731 days × 30.4 × 40%.

In this case, the same restrictions apply as when calculating the B&D allowance.

You can apply for child care allowance within 6 months from the moment when the child is one and a half years old. The right to it is preserved, even if you go to work part-time or take.

How to take parental leave?

In order to go on maternity leave and receive the appropriate allowance, you need to write an application to the employer and attach to it:

birth (adoption) certificate of the child;
a certificate stating that the other parent or neither parent is receiving PTSD;
certificate of income from the previous place of work (if it has changed in the last two years);
a certificate from the place of work part-time that no PTSD was accrued there (if the employee is a part-time worker).

Can a woman be fired on maternity leave?

According to Article 261 of the Labor Code of the Russian Federation, an employer cannot terminate an employment contract with a pregnant woman and a woman on maternity leave.

A woman on a decree cannot be fired, even if the employment relationship was temporary: a fixed-term employment contract is extended until the end of the BiR vacation.

An exception is the liquidation of an organization. But even if the company fails, the mother will be able to receive the benefits due to her through the social security authorities.