What week do they go on maternity leave? What week do they go on maternity leave and how to properly go on maternity leave in Russia. During multiple pregnancy

Our legal advice is designed to provide legal information on issues of interest to forum readers. Among many topics, the topic of maternity leave aroused the greatest interest among readers. And this is not surprising. After all, every girl, as a future young mother, with great interest wants to understand issues related to the legislation regulating the procedure for going on maternity leave. Modern young families plan their family life in advance and maternity leave is no exception.

And so, in continuation of the conversation about maternity leave (see our articles on this topic published earlier in the “Legal Advice” section), today we will talk about how many months a woman can go on maternity leave.

Maternity leave and when can you go on it?

And so, the woman became pregnant. And it doesn’t matter whether this happened according to a pre-planned scenario or whether it happened spontaneously, in any case, the state is obliged to provide every pregnant woman with the social benefits and labor guarantees. Of course, this happens in different ways for different categories of expectant mothers, which depends on various components. For example, for those working officially under an employment contract, such guarantees are maximum.

The opportunity to go on paid maternity leave is just one of these state guarantees.

Maternity leave itself is granted for a certain time period, which covers some time before and after the birth of the baby. It is official and sanctioned by law. The Labor Code provides for its payment and a guarantee of maintaining a job for the pregnant woman for the entire period.

Maternity leave payments are calculated based on the average salary of a working pregnant woman. And they are paid at once for the entire maternity leave.

The right to maternity leave for a working future owner of a baby is formed at a certain period of her pregnancy, when she is given sick leave at the antenatal clinic. Non-working mothers can take advantage of state maternity benefits a little later - after the birth itself.

Social and legal support for the interests of a pregnant woman and her unborn child provides for certain dates when, how and in what week she is entitled to go on maternity leave. Previously, before determining the date of maternity leave, the pregnant woman is carefully examined, indicators of her health and the health of the developing fetus are determined, and her well-being is determined.

Who determines the start date of pregnancy and how?

A pregnant woman on her own is unlikely to be able to accurately determine her gestational age. This is the job of specialists - doctors of the antenatal clinic, where during a visit a woman is given the date of her pregnancy using special methods of obstetrics and gynecology. Doctors then set a date that will be the thirtieth week from the date of conception. Doctors sometimes use the gestational method of determining pregnancy or the ultrasound method, which we wrote about in a previous article. But then the period of maternity leave can begin much earlier (up to 15 days).

Now, answering the question of how many weeks or months women go on maternity leave, it is important to understand that the moment of maternity leave begins for a working and non-working pregnant woman is different. The sources from which maternity benefits will be paid will also be different.

How is maternity leave given by law?

The main law that spells out labor guarantees for pregnant women is the Labor Code of the Russian Federation, which provides for the protection of the interests of female workers.

For non-working women, there is Federal Law No. 255, which provides for insurance for non-working women due to their pregnancy and maternity.

It is these regulations that contain the answer to the question of how many weeks (months) people go on maternity leave.

As for the first category of pregnant women - workers, they go on maternity leave in accordance with labor rights in the 7th month or 30th week, having registered with the housing complex and received a certificate of incapacity for work for pregnancy and childbirth.

Previously, we talked in detail about how to obtain such sick leave and how to write an application for maternity leave. We also discussed exceptions in which the dates for going on maternity leave are shifted to earlier dates (so we talked in detail about the onset of maternity leave 14 days earlier for the lucky owners of twins, triplets, etc.).

It is important to emphasize that when determining how many months in advance women who become pregnant again or for the third time, etc. go on maternity leave. Once again, it doesn’t matter what kind of child she is expecting, in any case, the law has determined that the doctor is obliged to issue a sick leave sheet to her regardless of the number of pregnancies in the same period. And a woman will always go on maternity leave at 30 weeks during a normal pregnancy. And non-working - from the moment of the birth of the first, second or subsequent child (it does not matter whether it is the first birth or the second, third, etc.).

Regarding the timing of maternity leave, let us clarify once again that the current laws in Russia determine its beginning from the 28th – 30th week, and the end of the maternity leave occurs when the born person turns 3 years old. Earlier dates of maternity leave occur if the birth is premature or multiple births are diagnosed during pregnancy, when the birth was accompanied by complications, then the sick leave can be extended by 16 days. (which we wrote about in more detail a little earlier in our legal advice).

How many weeks are maternity leave given and how long does it last?

In conclusion, let us once again summarize how many weeks women go on maternity leave in various situations and how long maternity leave lasts:

Normal pregnancy - 30 weeks. Duration – 140 days (70 before and 70 after birth). This is a situation where one child is diagnosed and delivery is predicted in the absence of medical complications.

Multiple pregnancy - 28 weeks. Duration – 194 days (84 before and 110 after birth). A situation when the development of two or more embryos is diagnosed during one pregnancy. Additional days are added to maternity leave both before and after childbirth.

When multiple pregnancy was not diagnosed during pregnancy, but as a result more than one child was born, the leave before childbirth will be 70 days, and after - 124 days.

Premature birth

Pregnancy in conditions of radioactive contamination

Maternity leave is always intended to protect the health of the mother and her unborn child. And if a pregnant woman feels that her rights are being violated in one case or another, she must remember that the law is on her side and immediately file a complaint with state and judicial authorities.

Pregnancy is an important period in the life of any woman, which brings not only the joy of the upcoming meeting with the baby, but also some inconveniences. First of all, it is stress for the body. No matter how the expectant mother tries to maintain the same pace of life, she still faces a lot of changes. The entire functioning of the body is rebuilt in a new way in order to provide the most comfortable conditions, now for two. Therefore, one of the most exciting topics for an expectant mother is the question of when to go on maternity leave.

Rest or change of activity

All women, when going on maternity leave, look forward to peace and tranquility. They think that there won’t be bosses with constant complaints, they won’t have to wake up very early and sit in one place for 8 hours. On the one hand, everything, of course, is so, but, on the other hand, the expectant mother has a new, no less responsible job at home. You should carefully prepare the house for the arrival of a baby, tidy everything up very carefully, because the immunity of newborns is so weak that it cannot withstand any dirt. You need to get all the things necessary for the baby and arrange a room for him. Care should be taken when choosing a crib, mattress, blanket, pillow, first things and a baby first aid kit. In general, there are enough worries. So in order to get everything done?

Time for vacation

The familiar concept of “maternity leave” actually means two separate vacations. The first of them is during childbirth, and the second is postpartum. However, this distinction is more formal. All payments are made at a time, documents are drawn up at one time.

In accordance with labor legislation, a woman can go on maternity leave when her pregnancy is 30 weeks. At the consultation where she is registered, you must also receive a certificate of timely registration. With these documents, she can easily take a well-deserved vacation. However, it is not necessary to do this right away. Every expectant mother has the right to decide for herself when to go on maternity leave. If she feels great and has a desire to continue working, then she can write a statement later. In addition, you can secure early maternity leave by combining it with a legal annual vacation. Thus, maternity leave for you can begin as early as the 25th week of pregnancy (this depends only on the established duration of leave provided by the employer).

How long does maternity leave last?

A woman can decide on her own when to go on maternity leave, but for how many days is no longer up to her. If the pregnancy is singleton and proceeds normally, without complications, then prenatal rest is 70 days. In case of any deviations during its course, the vacation will be 84-86 days. If the expectant mother lives in a radiation zone or has been exposed to radiation previously, then her prenatal leave may be 90 days.

The duration of postpartum leave is determined by the course of the birth itself. If everything went without complications, then the woman is entitled to rest for 70 days, if the birth was difficult and with any negative consequences - 86 days. If more than one child is born, the leave will be 110 days.

After the end of these two holidays, the happy mother can take child care leave for up to 3 years.

Content

Working mothers-to-be, as a rule, look forward to the long-awaited maternity leave in order to gain strength before the upcoming birth. However, there are also particularly diligent employees who try to be with the team to the last. As a result, the possible timing of leaving work for both categories of workers will be described below.

What is maternity leave

Managers are often afraid of temporary departure of female employees due to their interesting position. Management is often worried about the upcoming change in the work schedule of the entire team, which especially affects the volume of work performed by each member. For this reason, it is important for expectant mothers to know when to go on maternity leave, so that the manager has time to make personnel changes.

In Russia, vacation due to the interesting position of an employee is usually understood as temporary release by an employee of her position during the last months of pregnancy and its subsequent birth. Maternity leave also includes caring for infants and children of the younger preschool age group. It is important to note that unemployed women do not go on vacation, which does not deprive them of the right to receive other social benefits.

Cash payments due to the forced absence of a pregnant employee are calculated on the basis of her average annual earnings or taking into account the established minimum wage, which for 2019 amounted to 7,500 rubles. Maternity benefits are paid in a lump sum for the entire period the employee is on vacation. In this case, the payment is formalized as social insurance due to loss of ability to work due to maternity.

How many weeks do they go on maternity leave?

State policy for regulating labor relations is designed to protect the interests of a pregnant woman and a small person developing in utero. At the same time, some average dates were provided regarding the week in which they go on maternity leave. Often, the start date of the upcoming holiday is determined by the well-being of the pregnant woman and other important factors. At the same time, the question of when to go on maternity leave has several answers:

1. Most women go to rest and prepare for childbirth at 30 weeks of pregnancy. In this case, the amount of vacation days for incapacity for work is 140 days (70 days each for the childbirth and postpartum periods).
2. How long does it take to go on maternity leave if the birth of, for example, twins is planned? In this situation, a woman’s rest, which is 194 days, begins from 7 months (28 weeks) of pregnancy.
3. Many expectant mothers are interested in the question of what week they go on maternity leave if the baby was born premature. In this case, a 156-day “vacation” is provided for, starting from the date of birth.
4. Expectant mothers living in environmentally unfavorable regions have the right not to work from the 27th week. At the same time, they rest for 160 calendar days:

• The prenatal period lasts 90 days;
• 70 days are allotted for recovery after childbirth.

How to calculate your maternity leave date

It is impossible to reliably calculate the gestational age. As a rule, it is determined by the consultation doctor at the woman’s first visit. Most specialists use the obstetric method of determining when a pregnant woman should go on vacation. In this case, all calculations are carried out from the beginning of the last critical days. The date that will be the 30th week from the previous menstruation will be considered the day of “vacation”. Sometimes doctors resort to the gestational method of determining the gestational age using ultrasound. It is important to know that the latter allows you to start resting half a month earlier.

How are the dates for maternity leave arranged?

The Code of the Russian Federation on Labor Relations obliges pregnant employees to obtain sick leave from a doctor in order to exercise the right to rest due to pregnancy and subsequent childbirth. It is important to decide on the method for calculating the gestational age before completing this document. In a situation where a pregnant woman wants to leave work quickly, it is better to use ultrasound data when calculating. After receiving sick leave, the employee provides it to the employer along with the corresponding application.

When can you go on maternity leave early?

Often, an expectant mother wants to end her working life early. Order No. 624-n. contains specific information about how many months they go on maternity leave. However, you can start resting earlier if you request annual leave from your employer before maternity leave. In a situation where this reserve is also exhausted, the woman can only be patient. Sometimes a pregnant woman's health condition requires her to be hospitalized. At the same time, the question of how long they go on maternity leave becomes unimportant.

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

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.

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, 2018. Let's subtract 70 days to find out the date of going on vacation. We will receive: October 22, 2017. The date falls on Sunday - a day off, so Masha will go on maternity leave from Monday, October 23, 2017. Let's assume that Masha gave birth without complications on January 7, 2018. Let's add 140 days to October 23, 2017, and we get March 13, 2018 - 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

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, 2018; we take into account the amount, including personal income tax, that her employer paid her for 2016 and 2017.

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 2016 there were 366 days, and in 2017 there were 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 2018 - 282,493 rubles.

• 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.

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.

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. WITH . 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;
• 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.

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, 2019 cannot be less than 4,512 rubles if the first child was born, and 6,284 rubles (from February 1, 2019 - 6,554.89 rubles) if the child is the second and subsequent.
• The maximum from January 1, 2019 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.

Is it possible to work on maternity leave?

You can only work on leave under the BiR under a civil law contract, then you will be paid benefits and paid for work under the contract. In addition, you can not go on maternity leave for a while, if the employer does not mind, and continue to work. In this case, the salary will be paid, but the days worked will be deducted from the benefit, and the benefit amount will be less.

An employer cannot pay wages and maternity benefits at the same time.

Working on maternity leave

• 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.

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.

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.

Dismissal during maternity leave

An employer can fire a woman on maternity leave only if:

• liquidation of a legal entity;
• termination of the activities of the individual entrepreneur.

You can resign at your own request at any time. Therefore, if an employer persuades you to sign a letter of resignation of your own free will and promises mountains of gold, you cannot agree. Most likely, after signing the papers, the pregnant or already mother will not see either the gold or the employer.

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.

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

Since 2014, there has been an amendment to Article 11 of Federal Law No. 173, according to which parental leave up to 1.5 years is taken into account in the length of service. At the same time, the maximum number of such one and a half year maternity leave cannot exceed three, that is, maternity leave for up to 3 years with a fourth child will no longer be included in the work experience.