When go on maternity leave in Russia, at what time of pregnancy?

Future mothers, who continue to work during pregnancy, tremblingly await the long-awaited decree to gain strength before giving birth. But there are also zealous workers who are not going to go on vacation. Because of this, there are rules that determine when to go on maternity leave.

The concept of

Many managers are afraid of the care of female workers to rest on pregnancy. This is the reason for changing the schedule of the entire team, as well as changing the scope of duties of employees. Therefore, it is important to know when to go on maternity leave in Russia, so that the bosses had time for a personnel reshuffle.

In the Russian Federation, maternity leave refers to a temporary dismissal from the post in the last months of bearing a child and his birth. Also this period implies the care of a baby and children of younger preschool age.

The accrual of money due to the absence of a pregnant worker is made according to the average annual earnings, taking into account a certain minimum wage, which in 2017 is 7,500 rubles. Funds are paid at a time during the holiday. They are issued as social insurance due to disability.

Who is going on maternity leave?

About incapacity for pregnancy is said in articles 255, 256 of the LC RF. This period is considered a holiday. It is granted to women:

• With an official place of work in municipal, general civil organizations;
• Unemployed when recorded in the employment service;
• Non-working female full-time students.

Material payments will be covered by insurance. They pay benefits as social insurance. Its size is equal to 100% of the average earnings for the two previous years of work. If a woman has issued insurance, then the allowance can not be less than the average salary calculation for employees.

Unemployed students of day faculties are paid less than the minimum wage. If the length of service is not more than six months, the allowance is also calculated by the minimum wage.

Duration in weeks

The country's policy protects the rights of pregnant women and the emergence of a new person. How many weeks go on maternity leave? Often this depends on the state of health of the pregnant woman and other factors. But the following rules are usually applied:

1. Many women go on vacation by the 30th week. Then the number of vacation days will be equal to 140 days (70 before delivery and 70 after that).
2. When do they go on maternity leave, if the appearance of twins is expected? Then rest will last up to 194 days, it begins with 7 months (28 weeks).
3. At what date do you go on maternity leave, if the baby was born prematurely? Then it is necessary 156 days for rest, and it begins with the date of birth.
4. When go on maternity leave when living in an ecologically unfavorable region? Future mothers have the right not to work with a 27-week term. On holiday, they are allocated 160 days: 90 of them - before delivery and 70 - after that.

Therefore, there is no strict period during which the decree will last. It is set individually. If you need treatment or stay in the hospital, you may need additional time.

Calculation of the date of release on leave

It is difficult to accurately determine the period of pregnancy. Usually this is established after a visit to the doctor. Most specialists use the obstetric method, which determines when they go on maternity leave.

Counts are performed from the beginning of the last critical days. The number, which accounts for the 30th week from the previous monthly, will be a day of rest. Doctors use a gestational method to establish a period of action with ultrasound.

Decor

Under the law of the Russian Federation, on what week go on maternity leave? This period is 30 weeks. Pregnant employees need to get a sick leave sheet from the doctor for the realization of the right to rest on the grounds of bearing a child and childbirth.

Before the design of this document, you need to determine the method for calculating the gestational age. If a pregnant woman wants to go to rest more quickly, it is advisable to use the information of ultrasound. The sick leave sheet must be submitted to the employer with the application. Only a documented decree will be paid.

Can I leave on the decree earlier?

Many future mothers want to go to the decree earlier. In Order No. 624-n. There is clear information about the month in which maternity leave. But you can start resting earlier if you take an annual vacation before the decree.

If it is already used, then it will be necessary to wait for the time prescribed by law. Often because of the state of health, hospitalization of the pregnant woman is necessary. Then the question of what time they go on maternity leave will not be important.

Can I leave later?

There are also such women who work almost to the birth, not sparing their health. But this can lead to unpleasant consequences, which must be taken into account by future mothers. According to the above-mentioned order, refusal of the sick-list is provided. But it is assumed that in the future the right to rest can be used. Then the list will be given "backdating", that is, the reference will indicate the date of the 30-week milestone.

Payment of maternity leave

It is important to know not only how many months go into maternity leave, but also how it is paid for. The calculation takes into account the period of rest, work record, earnings.

Maternity leave is paid for the following amounts:

1. Allowance for pregnancy and childbirth. Average daily earnings are multiplied by the number of days of vacation.
2. Payments for early registration. They are put to those pregnant women who have issued documents before 12 weeks.
3. Allowance at birth. The amount is the same for all. For example, in 2016 it was 15 512.65 rubles.
4. Payments for child care. Before the performance, a 1.5 year old child can receive 40% of the average income each month.

If there are 2 children in the family, the benefits are summarized, but their size should not be higher than the average monthly earnings 2 years before the decree. In some regions, there is a monthly program for the provision of minimum wage for families with 3 children, while the youngest will not be 3 years old. Therefore, payments for each woman may be different depending on her situation.

Work in the decree

Work on leave is only due to a civil law contract. Then the allowance is paid and the payment for labor is granted. There is a possibility not to go on vacation for a certain period, if the employer does not mind it. Then the salary will be given, but from the allowance the worked time will be deducted, and then it will be less. You can not receive salaries and benefits at the same time.

Can I work on parental leave?

Young mothers are allowed to work on leave while maintaining benefits, only work should be:

• On a part-time basis;
• Under a civil law contract;
• At home.

The duration of the working day in the law is not approved. It is important to agree on this issue with the employer, because there are no restrictions.

Exit from the decree

Pregnant can leave the decree on the next maternity leave. But then you need to choose - to use a new hospital and receive benefits, or a childcare allowance of up to 1.5 years will be paid. Together 2 payments can not be.

Dismissal in the decree

The employer has the right to dismiss a woman in a decree only when:

• Liquidation of a legal entity;
• Termination of the IP.

At own desire to leave work at any time. There is an opportunity to take paid leave after the decree, having prolonged your rest.

Does the decree enter into the length of service?

The length of service includes a decree, but not all:

• Leave for pregnancy and childbirth is counted;
• Leave to care for a child - up to 1.5 years.

But there are some restrictions: leave to care for a child can not be more than 6 years. It turns out that it is designed for 4 children. And with the birth of subsequent babies, he will not be counted in the length of service.

Refusal to grant leave: what to do?

The employer does not have the right to dismiss pregnant employees. He must provide legal leave. If you refuse, you need to go to court, which will certainly be on the side of the future mother.

But if the woman resigned on her own initiative, she will not be paid a benefit for the workers. If the employer insists on writing the application for dismissal on the basis of personal desire, then you need to give it up.

Rights of pregnant women

According to the RF Labor Code, prospective mothers are entitled to the following benefits:

• Transition to easy work;
• Not allowing cargo lifting more than 2.5 kg;
• Ban night shift, work on weekends and holidays;
• Breaks;
• Prohibition of dismissal and reduction;
• Securing a decree;
• Receiving compensation for pregnancy and childbirth.

But future mothers have their own duties, which are valid for everyone. They include:

• Timely notification of the authorities about the decree;
• Compliance with the regulations and regulations;
• Avoidance of absenteeism, if there are no valid reasons;
• Fulfillment of basic duties.

Can pregnant women get a job?

Many women are interested in the situation, can they refuse pregnant women in employment? Under Article 64 this is prohibited, therefore employers must accept workers for vacant positions. If you refuse, you must ask for a written justification. Then you can go to court. Usually in such cases there is an administrative penalty. To that the employer is obliged to accept the applicant, having paid her moral damage.

The rights of pregnant women are protected by articles 254, 255, 259, 261. They mention the benefits, dismissal, duration of the decree. If you rely on the norms of the law, then no one can deceive.