How is maternity leave calculated? What week does it start? How long can this be done legally?
We often write about the rights of working pregnant women, but questions to our experts about how many weeks maternity leave lasts, how payments are made, what to do if the manager refuses to pay the maternity leave - keep coming to our inbox. Therefore, we have prepared a material in which we have collected answers to the most frequently asked questions about the decree. We hope you find it useful.
Maternity leave in 2016
Maternity leave is given to women for a fixed period before and after the birth of a child. In some countries it is also given to the other parent when the mother chooses to continue working and the father chooses to go on leave. According to Russian law, the father of a child can take another unscheduled leave at work, while his wife is on maternity leave.
Enter in any search engine the phrases maternity leave weeks, legislation, payment, term, calculation, maternity leave, exit, payments, maternity leave for how long, from which week, work on maternity leave and you will get acquainted with legal acts, find out how much time the legislation allows for maternity leave, from what week you can leave, how to draw up a decree, and more. other 12 most popular questions about maternity leave.
This is what the legislation of the Russian Federation says about maternity leave, or rather, Article 255 of the Labor Code of the Russian Federation.
How to calculate maternity leave
If a woman is on maternity leave, which week does it start? If it is necessary to go on maternity leave, how long can this be done legally? It is provided for 70 calendar days before delivery and 70 calendar days after. Also, an extension of parental leave can be issued after.
What if I have twins?
How are maternity leave payments made?
In accordance with paragraph 1 of Art. 11 of the Federal Law of December 29, 2006 N 255-ФЗ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”, maternity benefits are paid to an insured woman in the amount of 100 percent of average earnings.
However, in accordance with paragraph 3 of Art. 11 of the above law, an insured woman who has an insurance period of less than six months is paid a pregnancy and childbirth benefit in an amount not exceeding the minimum wage established by federal law for a full calendar month, and in areas and localities in which district coefficients to wages, in an amount not exceeding the minimum wage, taking into account these coefficients.
You must apply for benefits at your place of work, also writing an application for maternity leave.
Am I eligible to take paid leave before or after maternity leave?
A woman is also en titled to annual paid leave after or before maternity leave. It is provided at the request of a woman, even if there is not enough work experience for him. Thus, your vacation cannot be restricted by your employer. Also, after the end of the decree, the mother can receive parental leave for up to three years. It doesn't matter if a woman is on maternity leave or on leave after it, she has no right to be fired. When the time comes to exit, the woman must be rehired.
Can I be fired while I was on maternity leave?
A woman can be fired if the company where she worked before maternity leave was liquidated. Often women are afraid of being fired and do not tell their bosses about pregnancy for up to 20 weeks, until the pregnancy becomes obvious. Some unscrupulous employers find reasons to fire pregnant employees in order not to make payments on their maternity leave that are due to them. Thus, a woman's right to maternity leave is violated, the legislation of the Russian Federation, which provides her. If an employer threatens to dismiss an employee who is currently on maternity leave, the legislation on this issue gives her full grounds to sue her superiors.
What if there was a premature birth?
Even if a woman has not yet had time to go on maternity leave, and she had a premature birth, the period does not decrease, but remains the same, 140 days, since all these days are summed up. Also, if a woman has already gone on maternity leave, and the birth took place before the appointed time, then the number of days that was not used by the woman before the birth is added to the calculation of the term. For example, if a woman went on maternity leave 70 days before the expected birth, and they occurred 50 days later, then unused 20 days are added to the 70 days that she was supposed to care for the child. It should also be clear that the questions “maternity leave - what week does it start from?” or “maternity leave - for how long?” not entirely correct. You should count how many weeks of pregnancy you have only in order to determine the date of the expected birth and subtract 70 days from it for the decree.
When does maternity leave end?
Exit from maternity leave is defined as follows - 70 days are added to the date of birth of the child, plus unused days before the birth. It includes a total of 20 weeks.
It is also worth knowing that it is issued to a woman so that she can take care of her he alth and the he alth of her child, so it is not recommended to work during maternity leave. According to the legislation, a woman will not be able to go to work during maternity leave, since either work or vacation is paid. Work is not allowed - a woman can simply stop it. Some mothers find remote work during parental leave until the age of three. Work allows them to improve their financial situation, as well as to engage in interesting work. But still, during maternity leave, it is better to relax as much as possible and devote time to the child.
If you are preparing to go on maternity leave - we wish you to spend maternity leave for the benefit of yourself, your future baby and the family as a whole!
If you did not find the answer to your question about maternity leave on this page, ask our experts.