When do they go on maternity leave? For many expectant mothers, this question is very relevant. They can't wait for the day when they can fully enjoy their situation and prepare for the arrival of the baby.

In fact, despite the fact that maternity leave is enough common occurrence, many mothers and even employers cannot answer the question of when to go on maternity leave, how long it lasts, and also how to properly arrange maternity leave. About this and much more concerning maternity period and will be discussed in today's article.

Maternity leave and parental leave are two different things.

For many, the concept of maternity leave is something abstract, since questions about when to go on maternity leave and how to arrange it correctly are not always clear to the average person. In fact, maternity leave is a time of rest for the expectant mother.

It is provided to all working women without exception. The duration of the maternity period is usually 140 calendar days. In this case, the maternity leave is essentially divided into two parts - the first half before childbirth and the second after.

Maternity leave is provided to a woman not only so that she can prepare for childbirth and relax, but also to reduce the load on the body during pregnancy. recent months pregnancy.

Thus, if we take into account that the due date is usually 40-42 weeks, then a woman should go on maternity leave 70 days earlier.

That is, a little over 2 months before the most important event. Let's talk in more detail about how to correctly calculate the time to go on maternity leave.

When do they go on maternity leave?

People go on maternity leave from 30 weeks.

Regardless of how the pregnancy progresses and how the woman feels, all expectant mothers go on maternity leave at the same time - 70 calendar days before giving birth. That is, according to calculations, this is almost 7 months of pregnancy. But in reality this is not entirely true.

Under current legislation, a woman goes on maternity leave from 30 weeks of pregnancy. That is, 10-12 weeks before birth. This happens because the due date of each employee is individual and it can depend on many factors. Therefore, the law has clearly adopted the rule - on maternity leave from 30 weeks of pregnancy.

In addition, it is important to note that a woman does not have the right to transfer maternity leave from the prenatal period to the postpartum period. That is, if less than 70 days have passed from 30 weeks of pregnancy to childbirth, then you cannot “play out” the unused period immediately after childbirth.

But at the same time, it is important to note that the postpartum period maternity leave may be extended. For example, in the case of difficult childbirth. The duration of such an extension is established in accordance with the law, but cannot exceed 16 calendar days.

Immediately after the end of the maternity period, a woman either goes to work and returns to her official duties, or goes on maternity leave, the duration of which cannot exceed 3 years.

Many mothers are interested in the question of how maternity leave differs from maternity leave. In fact, there are no differences, they are just two names from the same time period.

Documents must be provided.

It is quite easy to apply for leave under the B&R or, in other words, maternity leave. To do this, you need to bring a sick leave certificate from antenatal clinic that the employee is entitled to rest from work duties.

Then you need to write a statement to the manager about the need for such leave and submit all these documents to the boss or another authorized employee.

After the manager issues an order to grant maternity leave, the employee can take a complete break from work duties.

The creation and approval of the order, as well as the date of maternity leave, cannot differ from the one indicated on the sick leave.

In addition to providing vacation, the employee also receives additional compensation from the employer. We will discuss the payment procedure and amounts below.

The amount of payments depends on salary.

Payments to the employee are provided primarily to maintain her financial condition. For the entire period of maternity leave, that is, 140 or more calendar days, the employee receives monetary compensation in accordance with the amount of wages.

In other words, to calculate total amount payments before childbirth, the employee should calculate the amount of the average salary for the last year, and then calculate the average earnings per day. Then multiply the resulting figure by 140.

Thus, the employee receives the entire amount of compensation due at once. In addition, if maternity leave is extended, the employee must be additionally paid compensation for the duration of the extension. For example, for 16 days added to the main maternity leave.

Maternity leave, just like others, must be paid no later than 3 days before the start of the maternity period.

Additional compensation for extension is paid within 3 days from the date of granting sick leave from the maternity hospital and writing the appropriate application.

Thus, the law not only allows the expectant mother to prepare herself for childbirth in a calm environment, relax and prepare the necessary dowry, but also takes care of the social security of the expectant mother and material well-being newborn baby.

From this video you will learn about maternity leave, its terms and payments.

Form for receiving a question, write yours

Despite the fact that pregnancy progresses differently for each woman, they go on maternity leave at approximately the same period. Working mothers-to-be in certain period Pregnancy makes it more difficult to combine work with your condition. Typically, this is the time when maternity leave begins. All women know about this opportunity to prepare for the birth of a baby in a calm environment, but not everyone knows exactly how many weeks they go on maternity leave.

This period is 140 days and is counted as follows: 70 days before the date of birth and 70 days after the birth. To find out when you are going on maternity leave, take the preliminary due date that is given to you at the antenatal clinic and count 10 weeks backwards from it on the calendar. The beginning of the thirty-first week will be the approximate date of going on maternity leave. But it may change - we will look at why later.

What is maternity leave?

In everyday life, many people call a period of temporary incapacity for work maternity leave. However, when referring to the current legislation, such a concept is not discovered. Instead, the Labor Code of the Russian Federation contains the term “maternity leave” to describe the time during which a working woman is relieved from performing work duties.

Maternity leave was also called by the grandmothers of modern pregnant women, who for the first time in the country took the opportunity to wait out the difficult period of preparation for childbirth and the first weeks after childbirth in a comfortable environment and while maintaining their job. The name of the vacation is connected with the fact that in earlier times legislative acts were called “decrees,” and one of these acts stipulated maternity leave and benefits.

Modern legislation determines how long the “vacations” will last and the conditions for their occurrence. But there is no specific data on at what week of pregnancy a woman has the right to take leave.

The date is calculated based on the preliminary date of birth established at the medical institution.

Maternity leave is a social insurance case, therefore all the points that concern it are described by the Federal Law. Among other things, it determines when they go on maternity leave.

What maternity leave is provided?

Current legislation divides temporary disability leave into two types:

• For pregnancy and childbirth. There are two stages: prenatal and postnatal leave. Their duration is the same - 70 days. However, these timings are subject to change. For example, the prenatal period may be extended due to poor health of the expectant mother. And the postpartum period, on the contrary, is sometimes shortened at the request of the woman in labor herself, who does not want to lose her workplace.
• For child care. It is also divided into two stages: until the child reaches 1.5 and 3 years old. Current legislation determines that a woman can count on receiving benefits from the state only if she takes a vacation of up to 1.5 years. The exception is when she alone raises a child with a disability, is a person with limited physical capabilities, has the status of a mother of many children, or is paid other benefits that do not allow her to stop paying maternity benefits.

IN seniority Only leave provided to care for a child until he reaches 1.5 years is included.

An exception is the case if the person who gave birth is the mother of two children who are less than three years old. If there are three children, a record of 4.5 years of experience is made.

Procedure for provision

Understanding when the maternity leave begins, you should understand the specifics of the mechanism for the right to receive, find out the list necessary documents and the circle of persons who should be involved.

Pregnancy and childbirth are a period of non-permanent disability. Therefore, to prepare the relevant documents for the employer, you should obtain a certificate from the supervising doctor. It is the gynecologist who determines when a particular woman can take a vacation. He is guided by the state of health, the nature of the pregnancy, the date on which the birth may occur.

In legal practice, there are often cases when a decree had to be issued after the birth of a child. This was due to the fact that the woman did not register with the antenatal clinic.

Who is eligible to apply for leave?

To receive maternity leave, it is not necessary to be in an employment relationship (official or not). In other words, working and non-working mothers will have the same answer to the question of how many weeks they go on maternity leave and how long it lasts.

The difference between these cases is the size of the benefit. In addition, in order to receive payments, an unemployed woman must have the status of a person registered with the employment center.

Receipt mechanism and duration of leave

In general cases, the procedure for granting a maternity leave consists of the following actions:

• registration at the antenatal clinic;
• examination, establishing the approximate date of birth (it determines the time when maternity leave occurs);
• issuance of sick leave (certificate of incapacity for work) indicating the start and end date of leave;
• drawing up an order at the place of work, transferring to the accounting department the documents necessary to determine the amount of payments.

Regarding sick leave and indicating a specific date, at a doctor’s appointment future mom should discuss with him what terms will be used when determining the start time of maternity leave.

There are two of them:

• obstetric – one that is based on the date of the last menstruation and the results of an examination by a gynecologist;
• gestational – determined by ultrasound results; 14 days less than the first option.

The obstetric period is convenient for those women whose pregnancy is difficult, severe toxicosis and other unpleasant sensations are observed. Whereas gestational allows you to prolong your working life.

Current legislation determines that the duration of leave is one hundred and forty days - seventy days before childbirth and the same amount after. Knowing this, you can calculate how long maternity leave usually occurs. This is the thirtieth week of pregnancy.

Current legislation provides for situations in which the period for going on maternity leave may be changed. For example, if the birth was difficult, and the doctors of the medical institution recorded some complications, the vacation is extended by sixteen days.

The reason for increasing the period of maternity leave may also be carrying more than one child. In this case, the woman goes on maternity leave at 28 weeks.

Any working woman, as soon as her maternity leave ends, can take calendar (tariff) leave - provided that it has not been used previously.

In order for a pregnant woman’s absence from the workplace to have legal grounds, she should write a statement addressed to the manager. The document indicates the reason and period of absence from the workplace. The requirement to accrue maternity benefits must be included.

The application must be properly recorded. It serves as the basis for issuing an order to grant the applicant leave.

What benefits are paid?

Russian legislation provides that during maternity leave, women can claim four types of payments:

1. Maternity benefit. The basis is a sick leave certificate issued in accordance with all the rules with an exact indication of the period during which the woman will be absent from the workplace. To determine the amount, the days on the certificate of incapacity for work are taken, as well as the amount of earnings for one day. For 2016, the minimum you can count on is 6,204 rubles, and the maximum should not exceed 248,164.38 rubles. The woman is paid the specified amount within 10 days (counting from the date of registration), but no later than the day when other employees of the enterprise receive wages.
2. Subject to early registration at a medical institution, before the 12th week of pregnancy, it is paid additional allowance. Its size is fixed and as of February 1, 2016 it was 581.73 rubles. This benefit is not provided immediately, but when a woman goes on maternity leave.
3. The one-time benefit paid after the birth of a child is 15,512.65 rubles.
4. Child care allowance until he reaches 1.5 years of age. Calculated from average earnings (40%) for the two years preceding the maternity leave. The size is also determined by the number of children.

How to avoid being scammed by your employer

Not all managers are happy with an employee’s pregnancy. Some employers fire women and refuse to pay them due maternity benefits. Facts of refusal to hire a woman who is in the early stages of pregnancy are also not uncommon. It is important for expectant mothers to know that none of the above actions of the head of the enterprise is legal.

During the period that a woman is carrying a child and caring for it, she is given a kind of immunity in case of dismissal or salary reduction.

The workplace and payment for her work must remain, despite any changes, change of owner, nature of production, name.

The exception is situations when the enterprise either closes completely or is subject to reorganization. However, even in this case, a pregnant woman or a woman who has given birth is not left without guardianship - she must be registered with the employment service.

Pregnant women cannot be involved in extracurricular work. Working on weekends or outside working hours also does not apply to them. Any coercion on the part of management must be recorded and challenged in court.

Maternity leave(B&R, in common parlance it’s just decree) is a social guarantee for working women, as well as for those undergoing military or equivalent contract service. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and spend time with the newborn.

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

• Birth leave is provided for both natural (born) children and adopted children under the age of 3 months.
• Do not confuse maternity leave (maternity leave) and parental leave for a child up to 1.5 years old. In a legal sense, these are completely different periods.

A special feature of maternity leave in Russia is that it can be taken out by: only woman.

• Sometimes they write or say that dad can be put 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, during the period of his wife’s maternity leave, a man can only be granted out of turn annual paid vacation.

New law dated June 29, 2015 No. 201-FZ introduced changes to the conditions for granting maternity leave for urgent employment contract . If previously the employer was obliged to extend the contract with the employee only for the period of pregnancy until the baby is born, then now the woman is given statutory postpartum leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of maternity leave).

How many weeks does it take to register?

The period during which a woman can legally go on maternity leave is 30 weeks. To go on vacation, you need to obtain maternity leave from a doctor. The document will indicate the start and end dates of the maternity leave.

In some cases, they are installed other terms registration of maternity leave:

• 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 - at multiple pregnancy.
• If a woman has 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 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 maternity leave - if it falls at the end of the year, it is sometimes more advisable to postpone it to the beginning next year despite several lost days subject to paid sick leave. This is done to be used as a calculation current calendar year- as a rule, more profitable in terms of earnings.

How many days does it take by law?

According to Art. 7 of the Law on State Benefits No. 81-FZ of May 19, 1995, as well as other regulatory documents, the duration of maternity leave in 2018 may vary. The number of days of maternity leave depends on the woman’s place of residence and work, the characteristics of childbirth, and the number of children born.

• Holiday according to the 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, the woman will still be provided with total number of days maternity leave.

Below is the duration of leave under the BiR before and after childbirth for different categories women.

Maternity leave table

Conditions	Duration of maternity leave in days
	Before giving birth	After childbirth	Total
Normal course of pregnancy and childbirth	70	70	140
The same for women living or working in areas contaminated after the Chernobyl accident, the Mayak plant or the dumping of waste into the river. Techa (hereinafter - in the contaminated area)	90	70	160
Normal pregnancy, complicated childbirth	70	86	156
The same for women living or working in the territory of the “Chernobyl zone”	90	86	176
Preterm birth (between 22 and 30 obstetric weeks)	0	156	156
Multiple pregnancy diagnosed before 30 weeks	84	110	194
Multiple pregnancy diagnosed at birth	70	124	194

For pregnant women who live or work in contaminated areas, maternity leave extended by 20 days due to the prenatal period. In accordance with Law No. 1244-1 of May 15, 1991, during this period, their health improvement is provided outside the pollution zone before childbirth.

For woman, adopting a baby at the age of up to 3 months, the duration of maternity leave may be shorter:

• The leave begins to count from the day the court decision on adoption comes into force.
• Maternity leave lasts until 70 calendar days after the birth of the baby (or up to 110 days after the birthday of the adopted twins).

Registration of maternity leave

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

• to receive financial assistance benefits;
• to follow her job was saved for the duration of maternity leave, as well as subsequent child care up to 3 years.

In exchange for the application and sick leave provided by the woman, the HR department issues her a notification receipt for the receipt of documents (written in free form, the second copy remains with the organization).

The start date of maternity leave may coincide with that indicated on the certificate of incapacity for work, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the maternity leave itself will not be carried forward late date, but will be reduced because it will end no later than the date indicated on the sick leave.

Maternity sick leave

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

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

• The cells are filled with large printed Russian letters and numbers, which should not extend beyond the cell.
• Notes can be made on a printer or written by hand with a black gel, fountain or other pen (but not a ballpoint).
• Any blots, cross-outs and errors are prohibited. Even with one crossing out, you need to change the form and rewrite everything again.
• The name of the employing organization can be written in full or abbreviated form (if such a form is provided for in the constituent documents).
• If the inscription (name of the enterprise, surname of the doctor, etc.) does not fit on 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 Social Insurance Fund may not accept an incorrectly filled out document. Correctly and finally filled out sick leave is transferred to the accounting department for calculating benefits under the accounting and labor regulations.

• If an error is detected, the certificate of incapacity for work 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 an error, because the FSS can recognize it by its registration number.

Application for maternity leave

The application is the main basis for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Some 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 your position).
• Details of the identity document.
• Information about the place of registration and residence.
• Please provide leave according to the BiR.
• Please pay maternity benefits and a one-time benefit when registering in the early stages of pregnancy (optional).
• Desired method of receiving benefits, card details.
• Number and date of sick leave according to BiR.
• The employee’s signature, surname and date of filling out the application.

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

Order for maternity leave

After the woman’s place of work has received an application and sick leave, the enterprise’s personnel department forms order on granting maternity leave. The form of the document is not clearly regulated by law; it can be taken as a basis unified form No. T-6 or develop your own.

The order must contain the following information:

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

Employee reads the order mandatory, signed and dated. Ideally, she is provided with a copy of the document. After this, it is written on the order that it is sent to the employee’s personal file.

Based on the order, data on maternity leave is entered into the personal card (Form No. T-2) of the employee. The fact that a woman is on labor and employment leave is reflected in the working time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

Birth leave is paid in full, from the first to last day. The benefit is transferred at one time on the woman's account for the entire period.

The main criteria for calculating payment for maternity leave:

1. For each full month of maternity leave, 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 of up to 6 months. calculation and payment are made according to the current value minimum size wages (minimum wage). From 02/01/2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
3. The maximum payment amount is regulated using the bases for calculating insurance premiums. The employee’s income for a certain year is compared with their values.

If there are several employers for whom a woman has been working for more than two years, maternity leave is paid each of them. At the same time, child care benefits can only be issued to one of the policyholders.

Maternity leave is paid only if sick leave has been provided no later than six months after the end of maternity leave. Otherwise, a woman may have to prove her right to B&R benefits in court.

Maternity leave calculation

Calculation of maternity benefits for vacation accounting is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct payments") according to the established method. The following data is taken into account:

• A woman’s total earnings for the two calendar years preceding her start on maternity leave. For those whose maternity leave begins in 2018, the estimated years will be 2016 and 2017.
• Length of the billing period (in 2016-2017 - 731 days).
• The number of days “lost” from the calculation period due to sick leave, parental leave, etc.

Maternity leave is calculated in the following sequence:

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

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

Online FSS calculator

An online calculator on the FSS website will help make calculations easier and pre-calculate the amount a woman can count on after going on maternity leave. It is based on the above method for calculating maternity leave. This is exactly how the amount of an accountant’s allowance is calculated at the enterprise and at the Social Insurance Fund.

You need to fill out the fields carefully:

• Type of disability (pregnancy and childbirth).
• Enter the dates of the period of incapacity indicated on the sick leave.
• If a woman has been on maternity leave during the past two calculation years, she can replace the calculation years.
• In the “Calculation Conditions” enter the earnings amounts for 2016-2017. (or other 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 length of service does not exceed six months in a given organization.

Payment for maternity leave

Payment of maternity leave is made from the Social Insurance Fund (SIF). In general, the process occurs in the following sequence:

• Woman writes a statement to the employer for maternity leave and benefits.
• The deadline for making a decision at the place of work on paying for vacation and calculating maternity benefits - in the general case 10 calendar days.
• A certain period of time is allotted for the transfer of money. The employer must transfer funds on the first day of salary payment along with wages for other employees.
• The employer (the policyholder) initially pays the money from your own funds, and only then the FSS reimburses him for 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, the woman’s vacation is paid directly from territorial body Social Insurance Fund (although the application for maternity leave is still written to the employer, its calculation and payment is carried out by social insurance workers). At the same time, the Social Insurance Fund has the right to pay for maternity leave until the 26th of the month, following the filing of an application for maternity leave.

Along with maternity benefits, you can apply for a one-time benefit, which is issued upon early registration with 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) is required workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation goes on maternity leave at 30 weeks pregnancy. To do this, you need to register sick leave at the antenatal clinic, provide it to the employer (educational institution, place of service) and write a leave application.

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once during the entire vacation period under the BiR at the expense of a woman. Maternity benefit paid to female employees for whom the employer pays insurance premiums.

When does maternity leave begin (from how many weeks of pregnancy), and what is the duration of maternity leave?

For working women, maternity leave begins with maternity leave. The legislator has provided for several average periods, upon reaching which a woman stops working and goes on vacation to rest in anticipation of the birth of the baby. So how long does it take to go on maternity leave?

How many months (weeks) do maternity leave go in most cases?

If there are no special features in a woman’s life (usually related to the unfavorable environment of the place of residence or work) or the process of bearing a child, maternity leave is taken at 30 weeks of pregnancy (this is about 7 months) for a period of 140 days (70 days of prenatal and 70 days postpartum)

From what week do they go on maternity leave if more than 1 child is expected (twins, triplets, etc.)?

In this case, the woman has the right to maternity leave at 28 weeks of pregnancy and can stay on it for 194 days (84 prenatal and 110 postnatal). If it is discovered during childbirth that there are several babies, then the woman will be given another 54 days in addition to the 140 days of regular maternity leave.

If the birth was difficult, then in addition to the 140 days of maternity leave, the woman will receive another 16 days for recovery.

How long does it take to go on maternity leave if a child is born prematurely?

If childbirth occurs from 22 to 30 weeks (that is, before what time they usually go on maternity leave), maternity leave of 156 days is issued from the date of birth.

How many weeks do people go on maternity leave due to living conditions?

Women living or working in areas contaminated due to accidents at the Chernobyl Nuclear Power Plant and the Mayak production association, as well as the discharge of radiation waste into the Techa River, have the right to go on maternity leave at 27 weeks, since this category of future Mothers are given 90 days of maternity leave before giving birth. Together with the required 70 days of leave after childbirth, maternity leave for this category of women will be 160 days.

How are the dates of maternity leave arranged?

In accordance with Article 255 of the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ and section 8 of the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624-n, maternity leave (maternity leave) is issued with sick leave (certificate of incapacity for work). The sick leave certificate is issued by the gynecologist with whom the woman is registered, and in the absence of one, by the family doctor. If there is no family doctor (general practitioner), then sick leave for pregnancy and childbirth is issued by a paramedic.

A single sick leave is issued - immediately for the entire period of maternity leave, that is, nothing needs to be completed after childbirth. At what week of pregnancy do they go on maternity leave, says the doctor. It is important to immediately decide with your doctor what time frame you will operate. Obstetric, which is most often used by doctors in consultation, or gestational, which is used by ultrasound doctors. The gestational period is 2 weeks less than the obstetric period, so it is disadvantageous for those who feel unwell and want to start resting faster. And vice versa - it is convenient for those women who feel the strength and desire to work longer.

Don't know your rights?

An interesting nuance. Doctors calculate the length of pregnancy in weeks, and therefore what time they go on maternity leave, from the day the patient registered for pregnancy. If registration occurred, for example, on Tuesday, then maternity leave will begin on Tuesday. Knowing this, you can predict what time you will go on maternity leave and adjust this moment to your needs.

Having received a sick leave certificate, a woman, in accordance with Article 255 of the Labor Code, provides it to work, writes a leave application, and can rightfully go on maternity leave.

When can you go on maternity leave early?

Life circumstances are different and sometimes the well-being of the expectant mother, the work environment, and other conditions force her to want more early date going on maternity leave. Can this be done in practice?

Order No. 624 of the Ministry of Health and Social Development of Russia dated June 29, 2011 contains very specific deadlines for how many weeks people go on maternity leave, and therefore during which sick leave for pregnancy and childbirth is issued. No exceptions. However, it is quite possible to start resting earlier.

First of all, this possibility is stipulated by labor legislation. Article 260 of the Labor Code guarantees women annual leave regardless of their schedule. The employer must give the woman annual leave before or immediately after maternity leave or after maternity leave. Moreover, this guarantee does not depend on the duration of work with a particular employer. If the six months required for annual leave have not yet been worked, this will not be an obstacle to receiving leave before maternity leave. You just need to calculate how long you go on maternity leave in your case, write an application addressed to the head of the employing organization and ask for annual leave, which will turn into maternity leave.

If you have already taken your annual leave earlier, your maternity leave is still far away, and it’s already difficult to go to work, trust your doctor. Pregnancy is a condition when physical well-being largely depends on peace of mind. The environmental situation, stress, and not always high-quality food are not very conducive to the healthy bearing of a baby. Perhaps you are entitled to treatment in a hospital or day hospital, and therefore a sick leave for this time. Maybe what week they go on maternity leave, in this case it won’t matter.

How many options to go on maternity leave later?

Women try to calculate what week they will go on maternity leave for different purposes. Some people want to go on maternity leave early, while others just can’t finish all their work before going on vacation - they want to earn more money or, for other reasons, go on maternity leave later deadline. Is such a development possible?

In paragraph 3 of paragraph 46 of the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624, it is specifically stated: if a woman refuses the sick leave provided to her within the prescribed period, this refusal is recorded in medical documents. If the expectant mother changes her mind and, having nevertheless decided to receive sick leave for pregnancy and childbirth, again turns to the doctor for it before giving birth (the words “before childbirth” are specifically indicated in the text of the order), then the sick leave certificate will be issued from the date from which it should be issued, retroactively (30, 28 or 27 weeks of pregnancy), and for the number of days that the woman is entitled to by law (140, 194, 160).

The following conclusions can be drawn from this text:

1. You can receive sick leave for pregnancy and childbirth only before giving birth. After that it’s no longer possible. If a woman, without receiving sick leave, works until the child’s birthday, then from the day of the child’s birth she will take parental leave. In this case, she will not receive maternity benefits, but will immediately begin to receive child care benefits. This option is beneficial when feeling good women and a large salary, when payment for sick leave does not cover everything that can be earned in the remaining couple of months before giving birth.
2. If the sick leave is received later than the established date, it will still be issued on the date on which 30 (28, 27) weeks of pregnancy occurred, that is, retroactively.
3. Since it is impossible to be at work and on vacation at the same time, and to receive wages and benefits at the same time, if maternity leave is granted for work, maternity benefits will be paid for the entire period, and no salary will be paid. In this case, you can only try to negotiate with the employer so that the salary for the overtime worked is paid, for example, as a bonus.

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

What is maternity leave?

Many pregnant women often confuse two concepts: maternity leave and parental leave. Out of habit, women call maternity leave exactly the period after childbirth that labor legislation gives a woman to care for a newborn child. But in fact, maternity leave begins even before childbirth.

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

When do you go on maternity leave?

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

Maternity leave dates:

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

How long does it take to go on maternity leave and how to prepare for it?

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

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

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

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

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

Mandatory points that women should know about maternity leave:
1. According to labor legislation, a woman retains her job. An employer does not have the right to fire, lay off or even transfer a woman who is on maternity leave to another workplace;
2. Any maternity leave must be paid. This is done using social insurance funds;
3. Every woman has the right to refuse maternity leave, but doctors do not advise doing this in order to preserve the health of the mother and baby;
4. Total time maternity leave will be counted as total experience without interruption labor activity. You can return to work at any time during maternity leave, for example, part-time. In this case, you will retain child care payments. If you leave for the whole day, payments will no longer be made;

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