How long does it take for women to go on maternity leave in 2020?

Maternity leave

Pregnant women are granted special maternity leave. It usually starts 70 days before your expected due date.

At what stage is pregnancy registered?

How long does it take to go on maternity leave in Russia?

What week and exact date will the doctor tell you at the antenatal clinic appointment at 6 months of pregnancy. Usually people go on vacation from the 30th week of pregnancy - at a period of 7 months.

Maternity leave lasts 140 days for uncomplicated natural childbirth. 70 days are given before childbirth and 70 after. The doctor determines the date, but often it does not coincide with the actual date of birth. Therefore, regardless of it, after 140 days, according to the law, the vacation ends.

A pregnant woman expecting more than one child is sent on leave 84 days before giving birth, gives birth and rests for another 110 days. A total of 194 days, instead of 140.

Extension of leave by law

When childbirth is complicated, for example, if a pregnant woman undergoes a caesarean section, then she claims 86 days of leave after childbirth. To do this, in the maternity hospital the doctor writes out a certificate of incapacity for work to provide to the employer in addition to the main sheet.

Is it possible to go on maternity leave before the due date?

The law specifies the circumstances when you can go on maternity leave early. In this case, doctor's orders are required:

• if the examination reveals two or more fetuses in a pregnant woman;
• if insemination was carried out artificially;
• if a woman lives in a territory where the probable impact of negative factors is legally established.

The last point needs to be deciphered, since it concerns those who live in some territories of the Bryansk, Kaluga, Oryol, and Tula regions. These territories are legally classified as resettlement areas. Women who live and work in these settlements can go on maternity leave earlier than anyone else - 90 days before giving birth.

The same special conditions apply to women who live in the area where the accident occurred at the Mayak Production Association and hazardous waste was discharged into the Techa River. Geographically, these are some settlements in the Chelyabinsk and Sverdlovsk and Kurgan regions. They have the right to receive multi-day (90 days) paid leave from work before the birth of a child.

Is it possible to go on maternity leave earlier?

Vacation does not start from a specific day or month of pregnancy, but from a specific date, which is indicated on the sick leave certificate issued by a gynecologist.

In fact, the expectant woman in labor receives a regular certificate of incapacity for work, which confirms her inability to continue to perform work duties.

It is not permitted by law to stop working during pregnancy before 86 days in special cases and during normal childbirth before 70 days.

Is it possible to go on maternity leave later?

The law allows a woman to temporarily leave her job before giving birth at a time when she herself considers it necessary. Doctors' recommendations are only wishes and must be followed at the request of the mother in labor.

The final decision when a woman goes on maternity leave is made only by her, assessing her state of health and relying on her strengths and capabilities.

Registration of maternity leave

The doctor indicates the expected date of birth in the pregnant woman’s card. You can ask your doctor to set the date a few days or even a week earlier if you don’t want to work longer, but he is not obligated to do this.

The doctor determined the exact date and told me when to come for a certificate of incapacity for work. To apply for sick leave you must take:

• passport;
• SNILS insurance certificate.

The doctor will issue a sick leave certificate and provide a certificate of registration at an early date. Next, the pregnant woman at work writes an application for maternity leave, to which she attaches a certificate of incapacity for work.

Example: how many days before giving birth do people go on vacation?

Masha is expecting one child; the doctor has determined the expected date of birth for January 1, 2020. Let's subtract 70 days to find out the date of going on vacation. We will receive: October 22, 2020. The date falls on Sunday - a day off, so Masha will go on maternity leave from Monday, October 23, 2020. Let's assume that Masha gave birth without complications on January 7, 2020. If we add 140 days to October 23, 2020, we get March 13, 2020—the end date of maternity leave.

Is it possible to go on maternity leave before 30 weeks of pregnancy?

A woman has the right to take 28 days of annual paid leave before going on maternity leave and then immediately go on maternity leave. But this is not the limit. If a woman is not feeling well or is at risk of miscarriage, she can take sick leave and, for example, undergo treatment in a hospital or go into confinement, then she can take annual paid leave, and then go on maternity leave.

Benefits during maternity leave

One-time benefit for the birth of a child

An example of calculating benefits for BiR

Masha worked for 10 years for an organization that made contributions to the Social Insurance Fund of the Russian Federation (hereinafter referred to as the FSS). Masha went on maternity leave on December 31, 2020; we take into account the amount, including personal income tax, that her employer paid her for 2020 and 2020.

Masha earned 1,500,000 rubles over the past 2 years. We divide this amount by the number of days for the two previous years and multiply by the number of days of maternity leave. In 2020 there were 366 days, and in 2020 there are 365 days, in total we get 731. But from these days we will subtract the days when Masha was on sick leave or when there were no Social Insurance contributions for her - she did not work officially, she was sick.

It turned out that Masha was sick for 31 days, which means we subtract 31 days from 731 and get 700 days. And we know that Masha was expecting one child, which means 140 days.

Let's calculate: divide 1,500,000 rubles by 700 days and multiply by 140. We get 300,000 rubles. But she will not receive this amount, since there is an upper limit on benefits payments. For 2020 - 282,493 rubles.

From January 1, 2020, the maximum amount of vacation pay:

• 301,095.20 rubles for 140 calendar days;
• 335,506.08 rubles for 156 calendar days;
• 417,231.92 rubles for 194 calendar days.

Minimum:

• 51,919.00 rubles for 140 calendar days;
• 57,852.60 rubles for 156 calendar days;
• 71,944.90 rubles for 194 calendar days.

How is maternity leave paid?

Calculation and registration procedure

Unlike ordinary types of leave, maternity leave is not subject to agreement with the employer; its beginning is determined on the basis of a doctor’s opinion. The employer is obliged to promptly register the employee, guided by the provisions of the Labor Code of the Russian Federation, at what stage of pregnancy they go on maternity leave.

In order to go on maternity leave, an employee of an enterprise is required to visit the antenatal clinic , which she has attended since the beginning of pregnancy, or to appear at any consultation to record the fact of pregnancy and determine the due date.

The time for visiting a gynecologist, depending on how many babies are expected to be born, is set at 28 or 30 weeks.

After opening a sick leave certificate, the employer is notified of the resignation in writing. An application for leave for accounting is written to the main manager. To register a maternity leave in accordance with labor legislation, attach a small package of documents confirming the fact of pregnancy, the duration and special characteristics of the course that affect the duration and start time of the maternity leave.

The list of documents for the employer includes:

• certificate of incapacity for work;
• a certificate stating that the pregnant woman is registered with the housing complex;
• civil passport (copy);
• a certificate for making upcoming payments due by law with bank details (if necessary).

If desired, it is possible to include in the text of the application information about where the benefits should be transferred.

The employer, upon accepting the documents, issues an order indicating the exact start date of the employment and labor leave.

The start time of maternity leave can be coincided with annual paid leave, which the woman must notify in advance. In this case, leaving work can be done earlier by several days, based on the worked period of the current year. The issue of ending maternity leave is resolved in a similar way - after the number of days prescribed by law has expired, or with the addition of a period that falls during the period worked before the birth.

Is it possible to postpone the start date of vacation?

The start date may be delayed at the initiative of the employee herself. This is often due to the desire to earn and save as much money as possible before giving birth, which will be needed while caring for the baby. Such an action is possible and is not prohibited by law, however, official registration of sick leave according to the BiR by doctors must be completed within the time allotted according to the Labor Code.

The employee has the right to independently determine when exactly to submit the documents for processing. For the entire period of time, the employee will continue to work and receive earnings as usual until the sick leave is included in the accounting department. From this moment on, the employer will be obliged to pay benefits.

As an alternative solution, a woman can take leave for the required 30 weeks and continue to perform her duties until a certain point. For the entire period from the official start of the certificate of incapacity for work until the actual termination of work, the employer pays a bonus.

Holiday to care for the child

At the end of maternity leave, the young mother is not required to go to work; the next one begins - for care up to 3 years. After giving birth, you must write an application at work and provide the following documents:

• child's birth certificate;
• a certificate from the father’s place of work confirming that he did not take leave for up to three years.

If you are tired of being on maternity leave, or other circumstances arise, you can go back to work, and your spouse, grandparents, and guardians can take parental leave.

How to apply for maternity leave for the father of a child

How to apply for maternity leave for your grandmother

Until the child turns three years old, parental leave can be taken in turns. For example, his mother stays with him until he is one year old, his father rests from one to two years old, and his grandmother rests until he is three years old.

Care allowance

This benefit is paid until the child turns one and a half years old. From one and a half to three years, a monthly compensation of 50 rubles is paid. The person caring for the child can receive benefits and compensation; the grandmother will receive benefits based on her earnings.

To receive you need:

• application for benefits;
• birth or adoption certificate of the child being cared for;
• birth or adoption certificate of previous children in the family;
• a certificate from the husband’s place of work stating that he does not receive benefits;
• salary certificate for the last two years from previous places of work.

Usually, the employer asks you to write a statement and submit documents along with the vacation application. Basically, the monthly benefit is 40% of average earnings.

Putin's allowance for the first and second child

Example of calculating care allowance

Masha’s payments for two years amounted to 1,500,000 rubles, and she worked only 700 out of 731 days, the rest was on sick leave.

When calculating this benefit, we will also subtract days spent on sick leave or on parental leave.

Let's calculate: 1,500,000 divided by 700 (number of days worked), multiplied by 40% (to multiply by 40%, multiply by 40 and divide by 100) and multiply by 30.4 (average number of days in a month), we get 26,057 rubles .

• The benefit from January 1, 2020 cannot be less than 4,512 rubles if the first child was born, and 6,284 rubles (from February 1, 2020 - 6,554.89 rubles) if the child is the second and subsequent.
• The maximum from January 1, 2020 is 26,152.27 rubles. Therefore, Masha will receive 26,057 rubles every month until the child reaches one and a half years old.

If she wants to go to work, and her husband goes on maternity leave, then he will receive an allowance calculated from his income for two years.

Payment of benefits

So, maternity leave is 140 calendar days for a normal singleton pregnancy, 156 for a complicated birth, and 194 days for the birth of 2 or more children.

Payment for leave under the BiR is made at the rate of 100% of the woman’s average daily earnings for the past two years , and this period does not include:

• time spent on sick leave, including for medical work or caring for a sick child;
• time of parental leave up to 1.5 or 3 years.

If in the last 2 years a woman has been on maternity leave or child care leave for a long time, then she has the right to replace these years with others in which the income she received was higher . In accordance with article number 14 of the 255th Federal Law, accounting years can be replaced if:

1. the employee did not work during the billing period due to parental leave or labor and employment;
2. the benefit amount will change upward ;
3. The periods selected for replacement precede those that need to be replaced.

If the pregnant woman’s work experience is less than six months or the woman’s earnings are less than the minimum wage established at the time of registration of benefits, then the minimum wage value is used for calculation (from January 1, 2018 it is 9,489 rubles).

The maximum amount of benefits from 2020 cannot exceed:

• 282.106 rubles 70 kopecks - for a singleton pregnancy and a normal birth (based on 140 days of leave under the BiR);
• 314,370 rubles 47 kopecks - if the birth occurred with complications (in 156 days);
• 390,919 rubles 29 kopecks - if a woman gave birth to two or more children.

Maternity benefits are paid in a lump sum for the entire period of leave under the BiR .

The employer is obliged to calculate the amount of benefits due within ten days from the moment the woman submits her application and goes on maternity leave, and these payments are calculated on the next billing day (on the day of the advance or payment of wages).

Working on maternity leave

A young mother can work on maternity leave and keep benefits only if she works:

• part-time work;
• under a civil contract;
• at home.

Part-time working hours are not established by law. You can work three hours a day, two days a week, or you can work seven and a half hours, five days a week, this will also be considered part-time. The main thing is to come to an agreement with the employer and not arouse suspicion in the Social Insurance Fund.

Let's clarify the situation: working part-time during maternity leave

Is work experience valid during maternity leave?

The length of service fully includes maternity leave, as well as one and a half years of parental leave.

If the mother or father took out care leave several times (for several children), a total of a maximum of 6 years of such leave can be included in the length of service (clause 3, part 1, article 12 of the Law of December 28, 2013 N 400-FZ).

The remaining one and a half years of maternity leave are not counted towards the length of service. An exception is maternity leave to care for a child with a disability. In this case, the length of service will include the entire period of caring for him.

How to go on maternity leave early

Premature maternity leave is possible in some cases:

1. Mutual consent of the parties. You can negotiate with your employer and go on vacation earlier. But, in this case, money will not be paid for additional days.
2. Availability of last year's vacation. If there is a debt left over from last year, in the form of unfilled vacation, there is a legal opportunity to go on it right before the start of maternity leave.
3. Health problems of the pregnant woman or threat of miscarriage. If serious illnesses or changes are detected in a woman’s body, when constant medical support is needed, you can go on vacation by providing a certificate of health.
4. Carrying more than 1 child. Multiple pregnancy allows a woman to officially leave 2 weeks earlier.

Legal ways to go on maternity leave before 30 weeks

Also, provided you have a trusting relationship with your gynecologist, you can deliberately shift the date of your PDR a few days earlier than expected and go on vacation a little earlier.

Returning from maternity leave

A pregnant young mother has every right to leave maternity leave on her next maternity leave. You will have to choose whether to use the new sick leave and receive maternity benefits or receive care payments for up to a year and a half further.

An employer cannot provide two benefits and two vacations at the same time.

Payments upon leaving maternity leave

When do they go on maternity leave?

Every woman, even without being pregnant, knows that maternity leave occurs at approximately seven months. Few people delve into the norms of the Labor Code of the Russian Federation before the doctor turns guesses into firm certainty, but it is the doctor who most often becomes the first to tell a woman how many weeks she goes on maternity leave.

Legislators called the time of preparation for childbirth and the first weeks after a vacation, rather because pregnancy cannot be classified as an illness, but the employee, whatever one may say, loses her ability to work. However, the right to decide on the start day of such a period was still left to doctors. They are guided by Order 624n and issue sick leave on the date on which one of the events occurred:

• the pregnancy has reached a full 30 weeks (the date of discharge from sick leave is 30 weeks + 1 day);
• the term of multiple pregnancy has reached 28 weeks (a certificate of incapacity for work must be issued the next day);
• the birth occurred prematurely between 22 and 30 weeks (BIR leave will start counting on the baby’s birthday).

If a woman gives birth to a child much earlier than planned, she will be provided with all the calendar days of disability provided for her case (minimum 140, maximum 194). A separate case is childbirth before 21 weeks. Then the woman in labor does not receive the right to leave; the sick leave will last exactly as many days as it takes to restore the woman’s health.

Annual paid leave before maternity leave

It is possible to go on another annual leave and add it to maternity leave if the pregnant woman has not yet taken it during the current year. Even if she has not worked the required six months, she can use it, and the employer’s opinion does not matter.

You can take all the allotted days, or you can only take part, if it’s more convenient.

Annual leave after maternity leave

A young mother has the right to take annual paid leave both after maternity leave and after maternity leave for up to 3 years. It will be calculated for the 12 months that she worked before going on maternity leave. Therefore, there is no need to worry about payment, the employer will pay for it, and the woman will receive the same amount as she would have received for leave before maternity leave.

Vacation after maternity leave.

Is it possible to extend maternity leave after 3 years of maternity leave?

Based on the latest amendments to the law in 2013, a woman has the right to extend maternity leave until the child turns 4.5 years old.

You should contact your employer and write an application to extend your vacation at your own expense, you need to have with you:

• child's birth certificate;
• medical certificate about the child’s health status.

In most cases, it is not possible to come to an amicable agreement with the employer and he needs good reasons to keep the workplace for the mother on maternity leave.

Deadlines for taking sick leave

The duration of the leave according to the established schedule depends on several factors:

• in the normal course of pregnancy and normal delivery, maternity leave lasts 140 days (70 before and 70 after childbirth);
• if a woman had a difficult labor or gave birth prematurely, the maternity leave is increased by 16 days;
• if there are two or more children, a temporary disability certificate is issued for 194 days (84 before and 110 after);

A separate category includes women exposed to radioactive radiation:

• pregnancy with one child - 160 days (90 before, 70 after);
• complicated childbirth - 176 days (90 before, 86 after);
• multiple pregnancy - 214 days (104 before, 110 after).

Undoubtedly, maternity leave is an important stage in the life of the fair sex. Fortunately, during this period the state provides additional opportunities for legal rest, so every woman should know her rights and social guarantees while waiting for childbirth and caring for a newborn child.

Is it possible to go earlier or later than expected?

Early maternity leave may occur in several cases:

1. In case of premature birth. In this case, the woman will go on leave according to the BiR from the day of delivery for the entire period of the required maternity leave.
2. If you take annual leave. A pregnant woman has the right to postpone her annual paid leave to a time before or after maternity leave at her own request. And also add all unused vacations, if any. This way you can go on maternity leave much earlier.

Maternity leave is a woman’s right, not her responsibility. That is why it is completely legal to remain at work after the seventh month. This can be beneficial for the expectant mother financially or if she simply does not want to stay at home.

In this case, you should not apply for sick leave from a doctor at the thirtieth week of pregnancy; you can do it later, when necessary. The employer does not have the right to prohibit a pregnant woman from working; the main thing is for the expectant mother to write a statement to her boss, indicating the exact desired date for going on leave under the BiR.

If for some reason you want to continue working after 30 weeks, you should understand that your maternity benefit payment will be reduced for the period while you receive wages. Days worked are not carried over into the postpartum period.

Example: when you go on maternity leave in the thirtieth week, you are entitled to payment for 140 days of vacation. If you, at your own request, continue to work until 35 weeks of pregnancy, you will receive the due salary for the additional five weeks worked, while the calculation of maternity leave will be reduced to 105 days.

General provisions on maternity leave

The concept of maternity leave covers a long period before and after childbirth, necessary for organizing life in connection with the upcoming event. In what weeks to leave work and in what month to return to work duties is determined by several factors: each pregnant woman feels differently during the gestation period, complications and the threat of miscarriage may arise at any week of pregnancy.

In addition, the nature of the job often involves increased workload, business travel, and overtime work. For this reason, the employee and the management of the enterprise determine the period for the start and end of maternity leave, taking into account the provisions of labor legislation and individual circumstances.

The concept of maternity leave combines several periods associated with the birth of a baby - pregnancy, the process of childbirth, the postpartum period for a woman and caring for a newborn. Each state has its own rules regarding what week people leave work. For Russia, the moment at which the work process ends and vacation begins is determined depending on the specific situation. If the well-being of the expectant mother and child does not cause concern, when to go on maternity leave at the enterprise is determined from the onset of the 30th week.

A similar norm, from which month a pregnant woman stops working, has been established in many CIS countries, however, there are countries where the period allocated for the expectant mother to rest is much shorter. For example, Chinese women stop working only 15 days before the date of birth, and French women take leave 42 days in advance.

In Russia, there are strict labor laws that establish the moment when a pregnant woman can leave work and maternity leave begins, and the Russian employer is obliged to strictly adhere to the requirements of the Labor Code of the Russian Federation. According to Art. 255 of the Labor Code of the Russian Federation, maternity leave is the time given to a woman for bearing, giving birth and caring for a newborn baby.

Going on maternity leave means the beginning of the period of preparation for childbirth, and leaving it means the expiration of the days required by law and the resumption of work.

To understand how many days the rest will last, it should be taken into account that it consists of 3 periods:

1. Before childbirth, it is provided to a pregnant employee in the last stages of pregnancy.
2. Childbirth when a woman is in a maternity hospital.
3. After childbirth, to organize the life of a newborn.

• Is a father entitled to leave at the birth of a child?

If the first two periods are used exclusively by the pregnant woman herself, then the postpartum time can be used by other family members. A woman who is forced to go to work early has the right to entrust the care of the baby to her husband or parents.

The question of who will use the right to parental leave is decided individually in each family. And the employer does not have the right to prevent other family members from taking maternity leave if the employee brings certificates stating that the father and mother of the newborn did not exercise their right to maternity leave.