Maternity leave: how to calculate, arrange and receive payments

What is maternity leave?

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

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

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

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

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

How long is maternity leave?

An expectant mother needs to prepare for childbirth, and caring for a newborn takes a lot of time and effort. As a measure of social support, the state guarantees working women the right to maternity leave (MA).

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

Usually, maternity leave is in the 30th week, and the corresponding leave is 140 days.

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

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

To extend the postnatal part of the BIR leave, you need to apply for another sick leave and write an application to the employer.

Can maternity leave be extended further?

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

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

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

How to get maternity leave?

To go on maternity leave, you need to write to the name of the director.

The name of the person should be indicated in the header of the application. and the position of the manager, as well as the name of the addressee. The text should include a request to provide leave for the BIR (indicating dates on the basis of sick leave) and accrue the required benefits. At the end - a signature with a decryption and date. A certificate of incapacity for work must be attached to the document.

On the basis of the application, the organization issues an order on the granting of maternity leave. The woman meets him under the signature. And within 10 days she is charged maternity.

How is maternity leave paid?

Going on maternity leave, a woman receives a corresponding allowance.

The maternity allowance is paid in a lump sum and in total for all days of leave.

The maternity allowance (MSS) is 100% of the average earnings in the two years preceding the decree. It is calculated using the following formula:

PPBiR = income 2 years before decree / 730 or 731 days × number of days of decree.

At the same time, the average earnings should not exceed the maximum established by law: in 2015 this amount was 670,000 rubles, in 2016 - 718,000 rubles. In addition, sick leave, self-paid leave, time off, and other periods in which no premiums were charged for the employee are excluded from the total number of days in the biennium.

You can calculate your maternity allowance using. Since maternity leave is calculated on the basis of sick leave, the calculation is carried out as for paying a sick leave.

What other payments and benefits are mothers entitled to?

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

Early registration allowance - 613 rubles (as of February 2017). It is paid along with the BIR allowance if a woman consults a doctor before 12 weeks of pregnancy and wrote a corresponding application to the employer.
Childbirth allowance - 16 350 rubles (as of February 2017). Paid in a lump sum to one of the parents. If the mother draws up, she must write an application, attach the child's birth certificate and a certificate that the father did not use the allowance.
Childcare allowance for a child up to one and a half years in the amount of 40% of the average earnings.

maternity leave: benefits for expectant mothers

Who can take parental leave?

At the end of the BIR leave, a woman can take parental leave or go to work. In the latter case, parental leave can be arranged by the father, grandmother or another relative who will sit with the baby. They can receive benefits.

Leave to care for a child can last until the baby reaches 3 years old, but only the first 1, 5 years are paid.

In the period from 1, 5 to 3 years, a monthly compensation is paid - 50 rubles.

The algorithm for calculating the Child Care Benefit (CHB) is roughly the following:

PPPD = income 2 years before decree / 730 or 731 days × 30, 4 × 40%.

In this case, the same restrictions apply as when calculating the allowance for BiR.

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

How to get parental leave?

To go on parental leave and receive the appropriate allowance, you need to write to the employer and attach to it:

birth (adoption) certificate of a child;
a certificate stating that the second parent or none of the parents receives a PPPD;
certificate of income from the previous place of work (if it has changed in the last two years);
a certificate from the place of part-time work that there was no PPUR accrued (if the employee is a part-time worker).

Can a woman be fired on maternity leave?

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

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

The exception is the liquidation of the organization. But even if the company collapses, Mom will still be able to get her benefits through social welfare agencies.