What is maternity leave. Making maternity leave. Video - calculation of maternity leave

According to the provisions of Article 255 of the Labor Code of the Russian Federation, the duration maternity leave is 140 calendar days - 70 prenatal and 70 postnatal (normal) - with the payment of state social insurance benefits in the amount established by federal laws.

In practice, there are cases when women do not want to issue a decree until the last for various reasons, including due to the extension of the postpartum rest period.

According to the Decision Supreme Court Russian Federation No. AKPI12-1204 dated November 14, 2012, the arguments that if a woman works after the 30th week of pregnancy, she is not entitled to claim a vacation of 140 calendar days, in fact, they boil down to a requirement to extend the postnatal part of the rest, which contradicts Article 255 of the Labor Code of the Russian Federation.

Thus, if a woman decided to work to the last and actually received a disability certificate in a maternity hospital, then she should be prepared for the fact that the decree will be not 140, but 70 calendar (postpartum) days, with the corresponding payment of state social insurance benefits.

What is needed to issue a decree

The norm of the legislation establishes that women, upon their application and on the basis of a certificate of incapacity for work, are granted maternity leave, which is issued by order of the employer on the form of a unified form No. T-6, with which the woman must be familiarized against signature.

To issue an order for 140 days of maternity leave, a woman needs to receive a certificate of incapacity for work, which is issued by a doctor (in the absence of a doctor, paramedic) at the 30th week of pregnancy (with multiple pregnancy at the 28th week). Without a disability certificate, the employer does not have the right to issue this type of vacation.

In the "sick leave" the doctor puts down the duration of the calendar days of incapacity for work: from 140 calendar days for a singleton pregnancy, up to 194 days for a multiple pregnancy (for details, see paragraphs 46-51 of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health of Russia dated June 29, 2011 No. 624n) .

From the moment of receiving a certificate of incapacity for work, the employee has the right to write an application for the provision of a "decree", the main provisions of which are set out in article 255 of the Labor Code of the Russian Federation. The order for maternity leave (sample 2019) is presented below.

Sample application for maternity leave

Unified form T-6

This type of document refers to orders on personnel and is subject to storage for 75 years (paragraph 6 of the List of standard management documents ..., approved by order of the Ministry of Culture of the Russian Federation dated August 28, 2010 No. 558.

Sample order for maternity leave

Return from maternity leave

Early exit from the decree, on the one hand, is not prohibited by labor legislation, on the other hand, it is not provided. This position is expressed in a letter Federal Service on labor and employment dated May 24, 2013 No. 1755-TZ. Early exit of a woman from maternity leave is associated with the employer's risk of receiving justified claims from the Fund social insurance. Options are possible with the conclusion of civil law contracts between the employee and the employer for the performance of certain work, but the official return to work earlier than the deadline set by the order is not recommended.

If at the end of the decree a woman plans to work, she simply goes to work, without providing any documents and applications.

If an employee plans to take parental leave when they reach three years of age, the woman will have to write a corresponding application and provide a copy of the child's birth certificate.

Sample application for child care

Whatever decision a woman makes, in accordance with Article 256 of the Labor Code of the Russian Federation, she retains her place of work for the entire period of maternity leave, as well as for the period of caring for a child until she reaches three years of age. In addition, in accordance with the same rule, she has the right to return to work ahead of schedule, without waiting for the end of the parental leave.

Sample application for early termination of parental leave

Sample order for early termination of parental leave

Procedure for recovering lost orders

Responsibility for organizing the storage of all documents in the organization lies with the head or a person authorized by him. In case of loss or destruction of documents, the employer needs to find out the reasons for the loss and eliminate them:

• fix the fact of the absence of the document;
• create a commission to find out the reasons for what happened;
• based on the results of the work of the commission, take measures to prevent this from happening in the future;
• if necessary, take disciplinary measures against the guilty persons;
• if possible, restore lost documents using the available document registers, as well as by sending appropriate requests to the archive, Pension Fund, tax service etc.

In any case, when a loss is discovered, the most energetic actions should be taken to avoid misunderstandings, both with employees and with regulatory authorities.

Despite the fact that ordinary citizens have a vacation period before, after giving birth and until going to work is often called "maternity leave", from a legal point of view, it must be divided into two parts. First - maternity leave(BiR). Its duration depends on several factors, usually it is 140 days. Second part - . It lasts from the end of the maternity period according to BiR, and can continue until the child is 3 years old. After that, the mother usually goes to work.

The first part is a vacation consisting of prenatal and postnatal period, - according to the law, provided to all women working under an employment contract who are planning to become mothers or are under 3 months of age. At the same time, during the vacation period, which is established in the Labor Code (LC) of the Russian Federation, for an employee job is saved.

• 140 days with a normal uncomplicated pregnancy (respectively, based on 70 days before and after childbirth);
• 156 days in the case of complicated childbirth (preterm birth, obstetric surgery, profuse blood loss and other cases in accordance with the instructions on the procedure for granting postpartum leave, approved by the Ministry of Justice No. 1305 of 14.05.97).
• 160 days during pregnancy of women living in a territory contaminated with radioactive waste (90 days before childbirth and 70 days after them), on the basis of the Law of the Russian Federation No. 1244-1 dated 05/15/1991 "ABOUT social protection citizens exposed to radiation as a result of a catastrophe at Chernobyl nuclear power plant» ;
• 194 days with multiple pregnancy (84 calendar days before delivery and 110 - after them).

The vacation period lasts the total number of legal days, regardless of how many of them were actually used by the woman before giving birth. That is, if the child was born earlier or later than the expected date, the vacation will still end after the indicated number of days.

Working women who have adopted an infant under the age of 3 months are provided only the second (postpartum) part of the leave: respectively 70 days for one child or 110 calendar days for the adoption of two or more children.

Annual leave before the Decree on BiR

Care on maternity leave

B&R leave is granted only to women, and exclusively - employed. They go on maternity leave at the place of work. If a woman works in several places, she can issue a maternity decree in each of them.

To go on vacation in B&R, a pregnant employee must write an application and attach the received sick leave to it. On their basis, an order is issued for the institution, which is provided for review and signature by the employee. The employer is not entitled to demand other documents from his subordinate.

Certificate of incapacity for work

The issuance of sick leave is regulated by part VIII of the Order of the Ministry of Health and Social Development of Russia No. 624n dated 06/29/2011 " On approval of the procedure for issuing sick leave certificates". The disability certificate is issued by the gynecologist of the antenatal clinic, general practitioner or paramedic (if in locality no hospital or clinic) at 30 weeks pregnant(or at 28 weeks when expecting twins, more children).

The document indicates (that is, before and after childbirth). It can then be adjusted, depending on the circumstances, with another disability certificate.

The sick leave form was established by Order of the Ministry of Health and Social Development of the Russian Federation No. 347n dated April 26, 2011 " On the approval of the form of the certificate of incapacity for work».

Sick leave form

Some features of the issuance of a disability certificate:

• If a multiple pregnancy is established during childbirth, a additional sick leave for another 54 days by the hospital where the woman gave birth.
• The same procedure occurs with complications in the birth period (additional sick leave for 16 days).
• If early childbirth occurs between 22 and 30 weeks, a disability certificate is issued maternity hospital for 156 days.
• Expectant mothers living and/or working in a radioactively contaminated area are issued sick leave for a singleton pregnancy 90 days before delivery.
• A woman, an infant under the age of 3 months, is issued a disability certificate on a general basis (70 calendar days for one baby and 110 for two).

If the woman did not apply for it on time or refused to receive it on time, it will be discharged at a later date. But the countdown of maternity leave will still begin from the 30th week. So for the expectant mother, there is not much point in making a delay.

Application for maternity leave

In the application, the pregnant woman indicates her desire to go on maternity leave. The document may also contain a request from an employee to start accruing her.

If the expectant mother is registered with the antenatal clinic before 12 weeks, she can bring a certificate about this and indicate in the application about her desire to receive (Article 9 of Federal Law No. 81-FZ of May 19, 1995). The right to such a payment is granted only at the main place of work, part-time workers will not receive it.

Sample Application

The application is written in any form, but must contain the following information:

• a hat (from whom - to whom, indicating the full name and position);
• document's name;
• a request to provide a vacation in BiR, indicating the dates (based on sick leave);
• request to charge due allowances(at the request of the applicant);
• a convenient way to transfer funds (for example, to a card, or by postal order);
• a list of applications (if any, a certificate from the antenatal clinic on early registration for pregnancy);
• date, signature, surname and initials of the applicant.

It is not necessary to apply for maternity leave immediately after receiving. If a woman feels well, she can continue to work and receive a salary. Then the vacation will begin after the actual filing of the application, but will end on the date indicated in the sick leave. That is, the transfer of the end of the vacation is not allowed, and the simultaneous payment of sick leave and wages is also not allowed.

The employer's order for leave

The order is issued by the head of the organization in which the woman works, on the basis of the application submitted by her and the disability certificate. It is also compiled in any form and must contain the following data:

• a header with the details of the organization, the name of the document;
• the essence of the matter (provide the employee with maternity leave from the specified start and end dates according to the sick leave);
• additionally - assign the employee the payment of cash benefits;
• list of grounds (statement of the employee, sick leave, certificate from the gynecologist);
• position, signature, surname of the head of the organization, date;
• familiarization list (you can write the names of those familiarized by hand).

sample order

Most personnel departments have issued such orders hundreds of times, so they know the requirements for their preparation and the risks associated with violations in business management. Therefore, there are usually no problems with orders. The woman is given copy of the document, and on the original it should sign in familiarization.

Calculation of sick leave for pregnancy and childbirth

Vacation calculation means the definition. Usually, the obligation to accrue and pay maternity pay falls on policyholder- that is, an organization in which a woman works, an individual entrepreneur or individual if they are official employers and make deductions for an employee in Sokhtsstrakh.

The calculation of the allowance is made on the basis of the application of the employee and the sick leave. Calculation and accrual are carried out within 10 days after request, but are paid on the next pay date for employees. If for some reason the sick leave is extended, the employer will have to calculate one more amount in fact for an additional number of days.

Maternity money is allocated from the following sources:

• Employer funds. For the amount paid, he can then reduce transfers to the Social Insurance Fund (FSS).
• Directly from FSS if the employer organization ceased to exist during the woman's pregnancy, or the employee issued payments directly through the Fund.

Both citizens of the Russian Federation and women with citizenship of other countries (or without citizenship at all), temporarily or permanently living in Russia, can count on the allowance. The main thing is that they have an employment contract concluded with the employer.

Sick leave allowance

During the entire vacation in BiR, from going on maternity leave until the end of the vacation period, woman to be compulsory insurance in case of temporary disability due to motherhood, is paid. This moment is regulated by the following federal laws:

• No. 81-FZ dated May 19, 1995 " On state benefits to citizens with children", Art. 7;
• No. 255-FZ of December 29, 2006 " On compulsory social insurance in case of temporary disability and in connection with motherhood", Art. 10.

The insurance benefit is paid at a time and in total for the entire period of the decree. The amount of maternity payments is 100% of the average daily earnings for the previous two full years labor activity. It does not depend on the length of service of the employee.

For 2016, the calculation years will be 2014 and 2015. Not included in the calculation:

• periods of disability;
• time for caring for a newborn and a child under 3 years old;
• holidays at her own expense and other periods of time during which the woman did not receive a salary;
• paid days dedicated to caring for a disabled child.

• Divide the total earnings for the previous two full years by 730 days (731 if one of the years happened to be a leap year). We get an average daily wage.
• We multiply the figure by the number of days in the maternity period (140, 156, 194 days). The amount must not be less than the minimum, which is calculated based on minimum size wages (SMIC).

If an employee worked for less than 6 months (has an insurance period of up to six months), her allowance is calculated in the amount of 100% of the minimum wage (in 2016 it will be 6204 rubles per 1 month).

Then minimum dimensions insurance premium will be:

• 28555.80 rubles - with a decree lasting 140 days;
• 31819.32 rubles - for 156 days;
• 39570.18 rubles - for 194 days.

If the employee plans to draw up, it will begin the day after the end of the extended decree, and will last up to the 3rd birthday of the baby. Such a shift in terms is intended to some extent to protect the interests of a woman in labor who has encountered difficulties in the maternity hospital. From a material point of view, for the additional days of the decree on BiR (16 or 54), she will receive an allowance in the amount of 100% of the average salary, and not 40%, as if she were on parental leave these days.

Annual leave after maternity leave

One of the possibilities for registration is after the maternity decree. This is guaranteed by Art. 260 of the Labor Code of the Russian Federation. A woman can convey her desire to arrange a planned vacation after the decree on BiR in the form statements to the employer and he has no right to refuse her. Some features of this vacation sequence:

• the initiative should come only from the worker;
• a young mother can apply for annual leave, regardless of the length of work in the institution;
• The vacation period is granted regardless of the vacation schedule in the institution.

There may be two options for what is happening after the end of such leave:

• The woman draws up. It is used if the employee wants to receive vacation pay, but she did not have time to issue a vacation earlier due to early childbirth. The vacation period for child care is shortened and lasts actually until the baby's 3rd birthday.
• The woman goes to work full time. If a mother after childbirth was able to improve her life, come to her senses, a father or grandmother undertook to look after the child, a worker or employee can well afford further self-realization at work.

If some part of the annual leave was not used before (for example, to avoid overlapping holidays), it can be used after the end of the maternity period, or after the child's 3rd birthday.

The legislation does not contain prohibitions or permissions for early exit from maternity leave. The letter of the Federal Service for Labor and Employment No. 1755-TZ dated May 24, 2013 states that an employee cannot be prematurely recalled from the decree. Since she receives insurance payments from the FSS, and it is not allowed to pay salaries and benefits at the same time, the employer may be fined for such a practice. For the latter reason, the leadership of the organization, having accepted a statement from a woman of her own free will, is unlikely to satisfy him. After all, then claims from the FSS are possible against him.

A woman may not go on parental leave, but start working after the end of the decree. If a young mother is interested in her position, her well-being allows, and there is someone to look after the child, there should be no problems.

The regulations do not specify the need to notify the employer of your decision in advance. On the other hand, if another employee temporarily works in the woman's place (part-time or specially hired), the employer must be given the opportunity to fulfill obligations in relation to him.

• Temporary employee must be warned about the end of the fixed-term contract at least three days before the dismissal. The same period is required to remove duties from a part-time employee temporarily performing them.
• It will also be necessary warn the employer in advance about going to work after the decree, and not on parental leave (as most women do). It is necessary to inform the authorities at least three days in advance.

Resignation letter after maternity leave

It is necessary to inform the employer about the desire to return to work after the B&R leave using a written application. It should set out the following points:

• hat (from whom - to whom), the word "Statement";
• request to interrupt the vacation period in connection with the return to work;
• the date when the woman plans to start working duties is indicated;
• the date, signature, surname and initials of the employee is put.

In the application, a woman can ask to install for her short work schedule(short day or incomplete week). The employer is obliged to comply with her request. This is enshrined in Art. 93 of the Labor Code of the Russian Federation.

The length of working time is set by the employee, the law gives her the right to choose a convenient schedule. But it is better to discuss this point with the authorities in advance. Features of the work schedule are included in the employment contract with the employee, for this an additional agreement is signed.

A woman with a child under 3 years old, working on a reduced schedule, will be able to receive both and salary in proportion to the hours worked. But if the young lady returns to work during the ongoing maternity leave, she will not be able to count on the BiR allowance and salary at the same time. This is not provided for by law.

Order to leave after maternity leave

To inform the services and structural units on his permission to allow a woman to work after the decree, the employer issues an order for the enterprise. The basis for this is employee's statement. In most organizations, the process is brought to automatism: the personnel department issues such orders quite often.

The only moment - a woman puts her signature on familiarization on the order(otherwise it will be considered a violation of the procedure). It is necessary to pay attention that the indicated work schedule of the employee coincides with the one that she requested in the application.

With a baby under 1.5 years old, some preferences are provided. In particular, she can interrupt her work every 3 hours for at least 30 minutes to feed the child (Article 258 of the Labor Code of the Russian Federation). This is provided not by the order, but by the legislation.

Dismissing a woman on maternity leave

For pregnant women and carers of young children, there are certain social guarantees. One of them - the impossibility of dismissing a woman who is on maternity leave at the initiative of the employer(Article 261 of the Labor Code of the Russian Federation). An exception is the case when the enterprise terminates its activities due to liquidation.

A special situation arises with the dismissal of a pregnant woman or a woman who has given birth, working under a fixed term contract. Previously, if the contract ended during the pregnancy of the employee, the employer did not have the right to dismiss her before the birth.

However, from 07/11/2015 in the Labor Code of the Russian Federation, according to which a fixed-term employment contract with a pregnant employee should be extended until the end of the statutory maternity leave. To do this, a woman must write an appropriate application addressed to the employer and provide a certificate from the antenatal clinic.

Sometimes situations arise when the employer seeks to reduce the staff and forces maternity workers to quit due to own will. If he offers a woman on maternity leave unfavorable conditions, she has every right to disagree. In this case, the written proposal of the employer must be answered with a written refusal. They cannot be fired because of this.

• On the one hand, most likely, the employee will be fired immediately after going to work.
• On the other hand, she will retain her seniority until the child's 3rd birthday, and this is important.

Upon dismissal of one's own free will during maternity leave, the insurance benefit for a woman not saved.

Work on maternity leave

For the time that the woman is on maternity leave or, they can take her place new employee(most often under a fixed-term employment contract) or involve a part-time worker from the same organization in the performance of her duties.

For the new mother job is saved, and her “deputy” works until she comes to work.

The conclusion is regulated by the articles of section III of the Labor Code of the Russian Federation. A temporary worker who replaces a woman on maternity leave receives the same rights as other employees. The content and wording of the treaty must respect its interests. Lawyers advise employers to adhere to such rules for drafting a document:

• As a condition for hiring a new employee, indicate the performance of the duties of an employee who retains the job (indicating the reasons for retaining).
• Due to the fact that a woman can withdraw from the decree at any time, it is undesirable to indicate the end date of the fixed-term contract. If it has to be interrupted ahead of schedule, the interests of the temporary worker will suffer.

Fixed-term contract goes into category perpetual if the mother went to work, but even after that the substitute employee continues to work, and the employer did not show his will to terminate the temporary employment relationship (did not issue an appropriate order).

Conclusion

A working woman leaving for, according to the legislation of the Russian Federation, is provided with special social support measures. An employee has the right to take leave to prepare for childbirth, starting from the 30th week of pregnancy, and. From the moment of going on maternity leave, the employee can count on maternity payment. Until the day her child turns three, for mommy job is saved without the right to be fired.

A woman is provided with certain guarantees to make going on maternity leave the most convenient. For example, she is allowed to take ahead of schedule before maternity leave. Each action related to going on vacation, leaving it, and so on, must begin with application by the employee. Based on the application, an order is issued that regulates labor relations with a pregnant woman or a woman who has given birth for the next period of time. If you write applications for all holidays on time, there should be no problems.

Despite the fact that for ordinary citizens, the vacation period before, after childbirth and until going to work is often called “maternity leave”, from a legal point of view it must be divided into two parts. The first is maternity leave (Maternity leave). Its duration depends on several factors, usually it is 140 days. The second part is parental leave. It lasts from the end of the maternity period according to BiR, and can continue until the child is 3 years old. After that, the mother usually goes to work.

The first part - leave, consisting of the prenatal and postnatal period - according to the law, is provided to all women working under an employment contract who plan to become mothers or have adopted a child under the age of 3 months. At the same time, during the vacation period, which is established in the Labor Code (LC) of the Russian Federation, the employee retains a workplace.

Maternity leave was introduced for the first time in the world in the USSR in 1917 in order to protect the rights of working (working) women.

Granting maternity leave according to the Labor Code of the Russian Federation

BiR leave provides for release from work for a certain period before and after childbirth. It was introduced at the level of federal legislation and provides for such objective factors affecting the future mother's ability to work:

• in the late stages of pregnancy, it is difficult for an employee to perform work duties;
• a woman must prepare for childbirth;
• the nature of the course of pregnancy and the very process of the birth of the child (children) are taken into account.

When granting a decree to Russian women, the requirements described in Art. 255, 257 of the Labor Code (LC) of the Russian Federation of December 30, 2001 No. 197-FZ, as well as in other federal laws and regulations of the Russian Federation.

During vacation in declarative procedure you can apply for social insurance benefits (unlike parental leave, payments through Social Security in the format of state social security are not provided for by law).

BiR leave is a prerequisite for the assignment of payments, and this is the fundamental difference between working and non-working pregnant women: the former can apply for a decree and these payments, while the latter do not.

Maternity leave period

• maternity leave is usually divided into the prenatal and postnatal period, after which, at the request of the employee, leave is issued to care for a child up to 3 years old;
• the law establishes a fixed duration of the period of maternity disability, and for this time a sick leave is issued in the antenatal clinic;
• B&R usually starts at 30 weeks gestation;
• if the child is born prematurely (before the woman enters the planned decree), then the entire leave is granted to her, starting from the moment of birth.

How many days does maternity leave last?

Holiday period in ordinary cases lasts 140, 156 days or 194 days depending on the circumstances of the pregnancy and the mode of delivery. In this case, the following general duration of the decree is established:

• 140 days in a normal uncomplicated pregnancy (respectively, based on 70 days before and after childbirth);
• 156 days in case of complicated childbirth (premature birth, obstetric surgery, massive blood loss and other cases in accordance with the instructions on the procedure for granting postpartum leave, approved by the Ministry of Justice No. 1305 of 05/14/97);
• 160 days during pregnancy of women living in a territory contaminated with radioactive waste (90 days before childbirth and 70 after them), on the basis of the Law of the Russian Federation No. ”;
• 194 days for multiple pregnancies (84 calendar days before delivery and 110 after them).

The vacation period lasts the total number of legal days, regardless of how many of them were actually used by the woman before giving birth. That is, if the child was born earlier or later than the expected date, the vacation will still end after the indicated number of days.

Working women who have adopted an infant under the age of 3 months are granted only the second (postpartum) part of the leave: respectively 70 days for one child or 110 calendar days for the adoption of two or more children.

Annual leave before the Decree on BiR

According to Art. 260 of the Labor Code of the Russian Federation, a woman can add her annual paid leave to the decree on BiR. This guarantee assumes the initiative of the employee and cannot be challenged by the employer. There are several options in what sequence the holidays will go one after the other:

• a woman goes on planned leave before maternity leave;
• the annual vacation period is used after the B&R vacation;
• unused planned leave is issued after the end of the period for caring for a child under 3 years old (or in another comfortable woman period).

This possibility does not depend on the time the employee has worked for a particular employer. Even if she has been working for less than six months and she is not yet entitled to annual leave, the employee can write an application for him in advance. The employer does not have the right to refuse.

Moreover, if a woman has unused vacation for the past period and is planned for the current year, by a statement she can add both of these periods to the decree in a convenient sequence.

It is not necessary that vacations go one after another without a break. An employee may unplannedly take annual vacation days (they do not pay attention to the order established by the vacation schedule for the enterprise during pregnancy), go to work for a few days and then go on maternity leave.

It is not allowed to issue two vacation periods at the same time, they cannot overlap each other, even partially. Joining one vacation to another is possible only at the request of the woman. An employee cannot ask for monetary compensation for an unused vacation period (Article 126 of the Labor Code of the Russian Federation), except in cases of dismissal of her own free will during pregnancy.

Usually, a planned vacation is taken before going on maternity leave: in the later stages, it is no longer so comfortable for a woman to move between home and work, she wants to start arranging the space for the baby.

Additional leave in BiR

Maternity sick leave may be extended for an additional number of days if unforeseen circumstances arose during childbirth.

If the expectant mother is registered in the antenatal clinic before 12 weeks, she can bring a certificate about this and indicate in the application about her desire to receive additional lump sum(Article 9 of Federal Law No. 81-FZ of May 19, 1995). The right to such a payment is granted only at the main place of work, part-time workers will not receive it.

The application is written in any form, but must contain the following information:

• a hat (from whom - to whom, indicating the full name and position);
• document's name;
• a request to provide leave for B&R, indicating the dates (on the basis of a sick leave);
• a request to accrue the required benefits (at the request of the applicant);
• a convenient way to transfer funds (for example, to a card, or by postal order);
• list of applications (sick leave, if any - a certificate from the antenatal clinic on early registration for pregnancy);
• date, signature, surname and initials of the applicant.

It is not necessary to apply for maternity leave immediately after receiving sick leave. If a woman feels well, she can continue to work and receive a salary. Then the vacation will begin after the actual filing of the application, but will end on the date indicated in the sick leave. That is, the transfer of the end of the vacation is not allowed, and the simultaneous payment of sick leave and wages is also not allowed.

The employer's order for leave

The order is issued by the head of the organization in which the woman works, on the basis of the application submitted by her and the disability certificate. It is also compiled in any form and must contain the following data:

• a header with the details of the organization, the name of the document;
• the essence of the matter (provide the employee with maternity leave from the specified start and end dates according to the sick leave);
• additionally - assign the employee the payment of cash benefits;
• list of grounds (statement of the employee, sick leave, certificate from the gynecologist);
• position, signature, surname of the head of the organization, date;
• familiarization list (you can write the names of those familiarized by hand).

Most personnel departments have issued such orders hundreds of times, so they know the requirements for their preparation and the risks associated with violations in office work. Therefore, there are usually no problems with orders. The woman is provided with a copy of the document, and she must sign the familiarization on the original.

Calculation of sick leave for pregnancy and childbirth

The calculation of vacation means determining the amount of the B&D benefit. Usually, the obligation to accrue and pay maternity pay falls on the insured - that is, the organization in which the woman, individual entrepreneur or individual works, if they are official employers and make contributions to the employee in Sokhtsstrakh.

The calculation of the allowance is made on the basis of the application of the employee and the sick leave. Calculation and accrual are carried out within 10 days after the application, and are paid on the next date of issue of salaries to employees. If for some reason the sick leave is extended, the employer will have to calculate one more amount in fact for an additional number of days.

Maternity money is allocated from the following sources:

• employer funds. For the amount paid, he can then reduce transfers to the Social Insurance Fund (FSS);
• directly from the FSS, if the employing organization ceased to exist during the woman's pregnancy, or the employee issued payments directly through the Fund.

Both citizens of the Russian Federation and women with citizenship of other countries (or without citizenship at all), temporarily or permanently living in Russia, can count on the allowance. The main thing is that they have an employment contract concluded with the employer.

Sick leave allowance

During the entire vacation in BiR, from going on maternity leave until the end of the vacation period, a woman subject to compulsory insurance in case of temporary disability due to motherhood is paid a pregnancy and childbirth allowance. This moment is regulated by the following federal laws:

• No. 81-FZ of May 19, 1995 “On State Benefits for Citizens with Children”, Art. 7;
• No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with motherhood”, art. 10.

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Maternity benefits in 2019

The insurance allowance is paid at a time and in total for the entire period of the decree. The amount of maternity payments is 100% of the average daily earnings for the previous two full years of employment. It does not depend on the length of service of the employee.

For 2018, the calculation years will be 2016 and 2017. The calculation will not include:

• periods of disability;
• time for caring for a newborn and a child under 3 years old;
• holidays at her own expense and other periods of time during which the woman did not receive a salary;
• paid days dedicated to caring for a disabled child.

• the total earnings for the previous two full years are divided by 730 days (731 if one of the years happened to be a leap year). We receive the average daily earnings;
• multiply the figure by the number of days in the maternity period (140, 156, 194 days). The amount should not be less than the minimum, which is calculated based on the minimum wage (SMIC).

If an employee has worked for less than 6 months (has an insurance period of up to six months), her allowance is calculated in the amount of 100% of the minimum wage (in 2016 it will be 6204 rubles per 1 month).

• 28555.80 rubles - with a decree lasting 140 days;
• 31819.32 rubles - for 156 days;
• 39570.18 rubles - for 194 days.

Maternity Benefit Calculator

On the first tab, you need to enter the details of the disability certificate:

• the period of disability for which it was issued (to calculate the duration of maternity leave);
• in the drop-down list "Type of disability" select "Pregnancy and childbirth";
• type - primary (default), or repeated (if the sick leave was extended due to the peculiarities of the course of childbirth).

• earnings for two full years (in 2016, by default, these are 2014 and 2015);
• the number of excluded calendar days (weekends and holidays, for sick leave and other reasons indicated above).

End of maternity leave

The B&R decree may end in one of several ways. After the main maternity leave, the following can be issued:

• additional maternity period on the basis of the second sick leave (due to complications during childbirth or the unexpected birth of twins);
• leave to care for a child under 3 years old, including work on a reduced schedule (in the vast majority of cases);
• planned annual leave;
• going to work (for example, if a father or grandmother took a parental leave).

Extension of maternity leave

The maternity period can be extended in case of complications during childbirth, or if it turns out that the mother had twins (more babies). The latter can usually be foreseen in advance based on the results of ultrasound, so surprises rarely happen.

It is not always possible to foresee difficulties during childbirth. When they occur, B&R leave is extended by increasing the second, postpartum part. In the maternity hospital they give out additional sheet disability, which will act as a document confirming the right to extend the vacation and increase the insurance payment for pregnancy and childbirth.

To extend the vacation period for BiR, a woman must personally write an application to the employer and attach a second sick leave to it.

If the employee plans to take parental leave, it will begin the day after the end of the extended maternity leave, and will last until the baby's 3rd birthday. Such a shift in terms is intended to some extent to protect the interests of a woman in labor who has encountered difficulties in the maternity hospital.

From a material point of view, for the additional days of the decree on BiR (16 or 54), she will receive an allowance in the amount of 100% of the average salary, and not 40%, as if she were on parental leave these days.

Annual leave after maternity leave

One of the possibilities for registering a planned paid vacation period is after the maternity decree. This is guaranteed by Art. 260 of the Labor Code of the Russian Federation. A woman can convey her desire to arrange a planned vacation after the decree on BiR in the form of an application to the employer, and he does not have the right to refuse her. Some features of this vacation sequence:

• the initiative should come only from the worker;
• a young mother can apply for annual leave, regardless of the length of work in the institution;
• The vacation period is granted regardless of the vacation schedule in the institution.

There can be two options for what happens after the completion of such a vacation:

• a woman draws up a vacation period to care for a child. It is used if the employee wants to receive vacation pay, but she did not have time to issue a vacation earlier due to early childbirth. The vacation period for caring for a child is shortened and lasts, in fact, until the baby's 3rd birthday;
• woman goes to work full time. If a mother after childbirth was able to improve her life, come to her senses, a father or grandmother undertook to look after the child, a worker or employee can well afford further self-realization at work.

If some part of the annual leave was not used before going on maternity leave (for example, to avoid overlapping holidays), it can be used after the end of the maternity period, or after the child's 3rd birthday.

Leaving after maternity leave

The legislation does not contain prohibitions or permissions for early exit from maternity leave. The letter of the Federal Service for Labor and Employment No. 1755-TZ dated May 24, 2013 states that an employee cannot be prematurely withdrawn from the decree. Since she gets insurance payments from the FSS, and it is not allowed to pay wages and benefits at the same time, the employer may be fined for such a practice.

For the latter reason, the leadership of the organization, having accepted a statement from a woman about an early exit from the decree of her own free will, is unlikely to satisfy him. After all, then claims from the FSS are possible against him.

A woman may not go on parental leave, but start working after the end of the decree. If a young mother is interested in her position, her well-being allows, and there is someone to look after the child, there should be no problems.

In the last months of pregnancy and immediately after childbirth, a woman, as a rule, cannot continue her labor activity. This is due both to a possible deterioration in the state of health, and to the need to restore and care for the baby. The state protects the interests of the health of the mother and child and grants her leave for this period.

Vacation

The leave required to prepare for the birth of the baby and provide care for him is quite long. If we consider the period from the day the mother stopped working until her restoration in the professional field, then its duration may be different. But most often it lasts no more than three years. However, these time intervals are structurally different and have different names:

• Maternity leave.
• Holiday to care for the child.

Previously, the period when the expectant mother stopped working was called maternity leave by many. This name appeared back in 1917 after the issuance of a special Decree on the protection of the rights of working women and the support of motherhood among workers. This term has become so firmly established in everyday life that the moment the future mother stopped working due to pregnancy began to be called “on maternity leave”.

However, in practice it is necessary to distinguish between these concepts, since different holidays are regulated by different articles of the Labor Code. Their pay, respectively, will also be different.

Maternity leave

Maternity leave is the period a mother needs to prepare for the birth of a baby and take care of him in the first weeks and months of life.

Carrying a child - not an easy task even for herself healthy woman. In the third trimester, body changes reach their peak, in some, body weight increases significantly, edema occurs, and many other complaints appear. All this does not give a woman the opportunity to fully cope with her professional duties.

Of course, some future mothers work to the last and can go straight from the office to the hospital with contractions, but this is not so common. Most still prefer to take advantage of the opportunities provided by the state, and take a few weeks off on the eve of childbirth.

In addition, some pregnancy complications may occur in the last trimester. These include:

1. An increase in the volume of amniotic fluid.
2. Preeclampsia.
3. The threat of premature birth.
4. Isthmic-cervical insufficiency.

All this requires if not inpatient treatment, then at least rest and sometimes bed rest.

Maternity leave is a great opportunity to take care of your health without material damage.

It must be provided to all pregnant employees if they have drawn up an employment contract. Mothers who have adopted children also have this right. However, this applies only to those babies whose age is not more than three months. With only one limitation - the mother's incapacity for work will last only seventy days, since prenatal sick leave is excluded in such a situation.

Duration

Maternity leave is a period when a woman becomes temporarily unable to work, it is confirmed by a sick leave. The medical institution represented by the attending gynecologist, together with the head, issues such a document. Usually we are talking about women's counseling. The certificate of incapacity for work gives the expectant mother the right not to officially go to work without losing her salary.

This vacation is divided into two parts:

• prenatal;
• postpartum.

How long does the disability of the expectant mother last in general? The duration of maternity leave varies. It is calculated taking into account several significant factors.

If a woman does not have a complicated pregnancy, multiple pregnancies, the birth was successful, then she can take advantage of a legal vacation lasting 140 days. Of these, 70 days are allotted for prenatal preparation, and the same period for further recovery.

The starting point is considered to be the EDD - the expected date of birth. It does not matter what day the baby was born - earlier or later than the calculated date. Maternity leave will last 140 days.

The beginning of the "decree" is the thirtieth week of pregnancy. At the same time, the expectant mother receives a disability certificate. At the same time, the closing date is already on it, and it must be paid.

However, this applies only to standard pregnancy with one fetus and childbirth without significant complications. Other options are also possible.

Other options

If the birth of a woman proceeded with complications, then the postpartum leave is extended. Most often obstetricians face such problems:

1. Childbirth ahead of time.
2. Bleeding with great blood loss.
3. Obstetric surgery.

If there were complications, the recovery period is extended to 86 days, and the total duration of the vacation is up to 156 days.

If a woman is expecting several babies, her temporary disability will last 194 days, while the prenatal part accounts for 84, and the postpartum part - 110 calendar days.

Also, a longer - compared to the usual - sick leave is provided to the expectant mother in a situation where she lives in a radioactively contaminated area. In this case, the duration of prenatal leave increases - up to 90 days, and in total the woman rests for 160 days. This is regulated by the Law of the Russian Federation.

Additional sick leave

Since it is impossible to predict the course of childbirth and the development of complications in advance, sometimes it becomes necessary to extend the official leave.

This can also happen in the case when a multiple pregnancy is detected directly during delivery. Of course, in modern obstetric practice, such situations are rare, since the level of examination of expectant mothers is quite high. And yet sometimes it happens that neither the woman nor the doctor is aware of the two fruits.

In this case, after childbirth, the doctor issues an additional one more disability certificate for the number of days provided for in Article 255 of the Labor Code of the Russian Federation. If the birth was complicated, the second sick leave will be 16 days. In a situation with untimely detected multiple pregnancy, the mother is entitled to another 54 days of rest.

This sick leave is also submitted to the employer for payment. For the issuance of benefits, the documents must be correctly and in a timely manner.

Decor

How to arrange for a future mother a state-guaranteed paid period of incapacity for work?

Taking maternity leave is a simple process. However, this requires supervision in a medical institution. It is the obstetrician-gynecologist who confirms the fact of pregnancy and its duration, without which the issuance of a sick leave is impossible.

The expectant mother will be able to receive it after 30 weeks of gestation. If she expects two or three children, then disability comes earlier by 2 weeks. The period is calculated from the beginning of the last menstruation and is confirmed by the data of a medical examination and ultrasound.

The attending physician (obstetrician-gynecologist) issues one sick leave certificate for the entire period, certified by the signature and seal of the head of the antenatal clinic. The family doctor or general practitioner in the absence of this specialist also has the right to do this.

If there is no antenatal clinic or polyclinic in the place of residence of the expectant mother (for example, in countryside), then a medical assistant issues a sick leave to her.

The timeliness of contacting a doctor does not affect the procedure for issuing a sick leave. In some situations, it is even issued later than “on maternity leave”, but disability is still counted from the 30th week.

However, an early visit to the LC regarding pregnancy and registration up to 12 weeks allows the expectant mother to receive additional benefits.

Early registration

Early attendance at a medical institution for dispensary registration is supported and encouraged by the state. This improves the quality medical care due to the timely diagnosis of problems.

Dispensary registration up to 12 weeks of pregnancy is considered early. At the request of the expectant mother in the antenatal clinic, she is issued a confirming certificate. And in the future, a woman can apply to the employer with a request to accrue benefits to her, this statement is confirmed by a medical certificate from the LCD.

By registering for up to 12 weeks, the expectant mother is entitled to a one-time payment, which is regulated by Article 9 of Federal Law 81. However, this allowance can only be received at the main place of work.

Employer notification

It is entirely possible for a working woman not to tell the organization that she is pregnant. However, if she plans to take a vacation, she needs to do the following:

1. Write an application, in the header of which her immediate employer is indicated.
2. Attach a disability certificate from the LCD to it.

The application is written according to the standard pattern. It includes:

• Name.
• The request of the expectant mother to grant her maternity leave according to the dates of the disability certificate.
• Request for benefits. Also, at the request of a woman, you can specify the method of accrual Money.

Documents are attached to the application. Only sick leave is required. When registering before 12 weeks, the expectant mother must attach a certificate from the antenatal clinic.

The date of filing the application does not have to coincide with the onset of temporary disability according to the sick leave. You can go on vacation much later or work until the birth itself.

This is determined by the desire and well-being of the woman herself.

Benefit calculation

So, if the vacation begins in 2017, the income for 2015 and 2016 is taken as the basis for calculations. Next, the average earnings for 1 day are calculated and multiplied by the duration of the sick leave. However, the following periods are not taken into account:

• Child care - both for a newborn and for a baby up to three years old.
• Sick leave stay.
• Caring for a disabled child.

Benefit amount

The maternity allowance compensates for the average earnings in 100% of the amount. It is paid in a lump sum. Within ten days after receiving the application from the expectant mother, the accountant calculates the allowance, and the money must be received by her by the time of the next payment of funds in the organization.

The receipt of insurance benefits by the expectant mother is regulated federal law RF. The amount of payments does not depend on her experience.

The exception is when a woman has worked for less than two years and had very low wages. In this case, the calculation is made on the basis of the minimum wage figure. This abbreviation stands for "minimum wage per month."

If the insurance period was less than six months, then the amount of the benefit will not exceed the minimum wage. In some areas, there are special district coefficients that are taken into account when calculating wages and social benefits.

If after childbirth a woman was given an additional sick leave, the organization recalculates the allowance and pays the missing amount.

Calculation and payment of funds is the responsibility of the insured. In his person is the organization in which the pregnant woman works. An individual can also be an employer, then these duties will fall on him. It is important that at the same time there is an official registration of labor, and contributions to the SS Fund are made in a timely manner.

On the Internet you can find a special calculator that allows you to correctly calculate the expected allowance.

Source of payments

Data social payments is carried out from the funds of the organization, that is, the employer. In the future, this allows him to reduce contributions to the Social Insurance Fund (FSS) by the amount paid.

If the organization (or employer) ceased to exist even during the pregnancy of the employee, the benefit is accrued directly from the Fund. It is also possible that a pregnant woman makes these payments directly through the FSS.

Not only citizens of the Russian Federation are entitled to receive this allowance. These may be pregnant women with citizenship of another country who permanently or temporarily reside in the Russian Federation. Lack of citizenship is also not a hindrance. Only an employment contract drawn up in accordance with all the rules for the period of their work matters.

Maternity leave entitles a woman to rest and care for her newborn.

Maternity leave(BiR, in everyday life just decree) is a social guarantee for working women, as well as for those undergoing military or equivalent service under a contract. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and devote time to the newborn.

The right to maternity leave is enshrined in Art. 255 of the Labor Code (LC) of the Russian Federation (No. 197-FZ of December 30, 2001). The law states that the decree is accompanied by the payment of social security benefits.

• B&R leave is granted both for native (born) children and for adopted children under the age of 3 months.
• Do not confuse maternity leave (maternity leave) and childcare leave up to 1.5 years old. In a legal sense, these are completely different periods.

A feature of maternity leave in Russia is that it can be issued only woman.

• Sometimes they write or say that dad can be sent on maternity leave. This implies Holiday to care for the child, but not according to BiR.
• According to Art. 123 of the Labor Code of the Russian Federation, for the period of the wife’s decree, a man can only be provided out of turn annual paid vacation.

New law No. 201-FZ dated June 29, 2015, amended the conditions for granting maternity leave for fixed-term employment contract. If earlier the employer was obliged to extend the contract with the employee only for the period of pregnancy until the birth of the child, now the woman is provided with the statutory postnatal leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of the decree).

How many weeks is issued

The period at which a woman can go on maternity leave for legal basis - 30 weeks. To go on vacation, you need to get maternity sick leave from the doctor. The document will indicate the start and end dates of the decree.

In some cases, set other terms decree execution:

• 27 weeks - for expectant mothers living in a certain area contaminated due to the accident at the Chernobyl nuclear power plant, the Mayak plant and some others.
• 28 weeks - with multiple pregnancy.
• If a woman had a premature birth between 22 and 30 weeks - from the day of birth.

An obstetrician-gynecologist does not have the right to open a sick leave date later than the beginning of the 30th week of pregnancy. However, the woman herself has the right to go on maternity leave later - this must be indicated directly in the application for this leave.

In particular, it may be in the interests of a woman to postpone the start date of the decree - if it falls at the end of the year, it is sometimes more expedient to postpone it at the beginning of next year despite several lost days payable on sick leave. This is done to be used as a calculated current calendar year- as a rule, more profitable in terms of earnings.

How many days is legal

According to Art. 7 of the law on state benefits No. 81-FZ of May 19, 1995, as well as others regulatory documents, the duration of maternity leave in 2018 may vary. The number of days of the decree depends on the place of residence and work of the woman, the characteristics of the course of childbirth, the number of children born.

• Vacation in BiR is divided into two conditional parts - prenatal and postnatal. The number of days for each of them is counted by a gynecologist from the expected date of birth.
• If the child is born earlier, anyway, as a result, the woman will be given total number of days maternity leave.

Below is the duration of B&R leave before and after childbirth for different categories of women.

Maternity leave table

For pregnant women who live or work in contaminated areas, maternity leave extended by 20 days due to the prenatal period. In accordance with the law No. 1244-1 dated May 15, 1991, during this period, it is planned to conduct their rehabilitation outside the contamination zone before delivery.

For woman, adoptive baby under the age of 3 months, the duration of the decree may be shorter:

• Vacation starts counting from the date judgment adoption will come into force.
• The decree lasts until the expiration of 70 calendar days after the birth of the baby (or up to 110 days after the birthday of the adopted twins).

Making maternity leave

To go on maternity leave, a pregnant woman must provide the employer sick leave from an obstetrician-gynecologist and write statement about your desire to take a vacation in BiR. It is important for the employee to take maternity leave for two reasons:

• to get a B&R allowance;
• to follow her job was saved for the period of maternity leave, as well as the subsequent care of a child up to 3 years.

In return for the application and the hospital personnel department provided by the woman, the personnel department issues her a notification-receipt of the acceptance of documents (written in free form, the second copy remains with the organization).

The start date of the decree may coincide with that indicated on the disability certificate, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the decree itself will not be postponed to a later date, but will be reduced, since it will end no later than the date indicated in the sick leave.

Decree sick leave

Disability certificate issued on official letterhead, approved by the order of the Ministry of Health and Social Development of June 29, 2011 No. 624n. It is a document of strict accountability and has a unique number. The first part of the form is filled in medical institution, the second (for calculating maternity benefits) - employer women.

Basic requirements for filling out sick leave (valid for both the doctor and the employer):

• Cells are filled with large printed Russian letters and numbers, which should not go beyond the cell.
• Entries can be made on a printer or handwritten with a black gel, fountain, or other pen (but not a ballpoint pen).
• Any blots, strikethroughs and errors are prohibited. Even with one strikethrough, you need to change the form and rewrite it all over again.
• The name of the employing organization can be written in full or abbreviated form (if such a form is provided for by the constituent documents).
• If the inscription (name of the enterprise, surname of the doctor and others) does not fit in the line, it is simply interrupted in the last cell.

The employer must carefully check the correctness of filling out the sick leave, because the FSS may not accept an incorrectly completed document. Correctly and finally completed sick leave is transferred to the accounting department for the calculation of B&R benefits.

• If an error is found, the disability certificate is returned to the woman, who must re-apply to the medical institution for a new document.
• An incorrect name of the insured organization is not considered a mistake, because the FSS can recognize it by its registration number.

Application for maternity leave

The application is the main reason for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Certain information must be included in the document. These include:

• Details of the organization, full name of the head.
• Full name of the employee without abbreviations (you can also indicate the position).
• Details of an identity document.
• Information about the place of registration and residence.
• Please provide leave for BiR.
• Request to pay maternity allowance and a one-time allowance for registration in early pregnancy (optional).
• Desired method of receiving benefits, card details.
• The number and date of the sick leave according to BiR.
• Signature of the employee, last name and date of filling out the application.

Being on maternity leave is the basis for assigning a woman a maternity allowance. In this case, most often one combined application is filled out - both for vacation and for payments for it on sick leave.

Order for maternity leave

After the application and the sick leave were received from the woman at the place of work, the personnel department of the enterprise forms maternity leave order. The form of the document is not clearly regulated by law; as a basis, one can take unified form No. T-6 or develop your own.

The order must contain the following information:

• name of the insurer;
• date and document number;
• Full name of the employee, personnel number, name of her position and structural unit;
• type of leave (for pregnancy and childbirth);
• grounds for granting the decree;
• vacation start and end dates, its duration;
• Full name of the head of the organization, his signature.

Employee familiarizes with the order without fail, signed and dated. Ideally, she is provided with a copy of the document. After that, it is written on the order that he is sent to the personal file of the employee.

On the basis of the order, data on the decree are entered into the personal card (form No. T-2) of the employee. The fact that a woman is on leave for BiR is reflected in the time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

BiR leave is paid in full, from the first to last day. The allowance is transferred at the same time at the woman's expense for the entire period.

The main criteria for calculating payment for maternity leave:

1. For each full month of the decree, a woman is entitled to an amount equal to 100% of the average monthly earnings in the organization for the last two calendar years (Article 11 of Law No. 255-FZ of December 29, 2006).
2. With very little or no earnings, as well as with work experience in the organization up to 6 months. calculation and payment is made according to the current value of the minimum wage (minimum wage). From February 1, 2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
3. The maximum amount of payment is regulated using the bases for calculating insurance premiums. The incomes of the worker for a certain year are compared with their values.

If there are several employers for whom a woman has been working for more than two years, the decree is paid each of them. At the same time, the payment for child care can be issued only with one of the insurers.

Maternity leave is paid only if sick leave has been granted not later than six months after the end of the decree. IN otherwise a woman may need to prove her eligibility for BID in court.

Calculation of maternity leave

Calculation of maternity leave allowance bookkeeping is carried out enterprises (or FSS employees, if there is a pilot project "Direct Payouts") according to the established procedure. This takes into account the following data:

• The total earnings of a woman for the two calendar years preceding the maternity leave. For those whose maternity leave will begin in 2018, 2016 and 2017 will be calculated.
• The length of the calculation period (in 2016-2017 - 731 days).
• The number of days "falling out" of the billing period due to being on sick leave, parental leave, etc.

Maternity leave is calculated in the following order:

• the exact number of days in the billing period is calculated (outliers are subtracted from 731);
• the average daily earnings are found (the total income for two years is divided by the number of days calculated in the previous paragraph);
• the size of the lump sum is found (the average daily earnings are multiplied by the number of days of maternity leave, which is taken from the sick leave).

The amount of the allowance must fit within certain limits. In 2018 for 140 days of vacation minimum maternity allowance is 43,615.65
rub. (at the rate of 9,489 rubles for each full month), maximum- RUB 282,106.70

FSS online calculator

To facilitate calculations and pre-calculate the amount that a woman can count on after going on maternity leave, an online calculator on the FSS website will help. It is based on the above method for calculating maternity leave. This is how the size of the allowance for an accountant at the enterprise and in the FSS is considered.

You need to carefully fill in the fields:

• Type of disability (pregnancy and childbirth).
• Enter the dates of the period of disability indicated in the sick leave.
• If a woman has been on parental leave during the past two years, she can replace the years of calculation.
• In the "Terms of calculation" enter the amount of earnings for 2016-2017. (or another billing period), the number of days excluded from the calculation, carefully check the boxes.
• You can pay attention to the column “Work experience” only if the experience does not exceed six months in this organization.

Maternity leave payment

Decree payment is made from the Social Insurance Fund (FSS). In general, the process occurs in the following sequence:

• Woman writing a letter to the employer for maternity leave and allowance.
• The term for making a decision at the place of work on the payment of vacation and the calculation of maternity benefits - in the general case 10 calendar days.
• There is a certain period of time for the transfer of money. The employer must transfer funds on the first day of payroll along with the wages of other employees.
• The employer (insured) initially pays money from their own funds, and only then does the FSS reimburse him the payment by reducing the insurance premiums payable and / or paying compensation.
• In some constituent entities of the Russian Federation, where the Direct Payments project operates, vacation is paid to a woman directly from territorial authority FSS (although an application for a decree is written to the employer anyway, its calculation and payment is carried out by social insurance workers). At the same time, the FSS has the right to pay maternity leave until the 26th day of the month following the application for maternity leave.

Together with the payment for pregnancy and childbirth, you can apply for a one-time allowance, which is issued upon early registration in a medical institution. Its size in 2018 is 628.47 rubles. To receive this amount, the employee must provide the employer with a certificate from the antenatal clinic and write a corresponding application.

Conclusion

Maternity leave (maternity leave) workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation go on maternity leave at 30 weeks pregnancy. To do this, in the antenatal clinic it is necessary to issue a sick leave, provide it to the employer (in educational institution, at the place of service) and write an application for leave.

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once for the entire period of vacation in BiR at the woman's expense. Maternity allowance is paid to female workers for whom the employer pays insurance premiums.