What is maternity leave?
This is a period of time during which a woman carrying a child, at the extreme stages of pregnancy, is relieved of her duties in her position in order to prepare for the process of giving birth to a child and raising him until he reaches the age of three.
In its official form, established in the legal sphere, maternity leave concerns only two periods of time:
- The period of thirty weeks of pregnancy until the baby is born . In most cases, this period of time is seventy days. It is during this period that a woman is freed from her work responsibilities and can fully engage in preparations for the birth of a child;
- A period of time extending to seventy days from the moment the birth occurred.
For the duration of this leave, the pregnant woman is assigned a workplace, and maternity funds are accrued, which must be summed up and accrued one time.
Legislative documents determine that maternity leave, with all its benefits, is provided only if the pregnant woman is officially employed in accordance with the Labor Code of the Russian Federation.
It is this document that defines all the rules for granting maternity leave, its time frame and other nuances regarding pregnancy issues during work.
Depending on certain circumstances specified in the current legislation, the period before or after childbirth may increase.
Thus, the time period after childbirth can last from eighty-six to one hundred and ten days.
After postpartum rest ends with returning to work, the employee can apply for vacation pay to raise a child up to the age of three.
Such leave is also divided into two components:
- The period that begins from the next day after the date of completion of rest after childbirth, until the baby is one and a half years old;
- The time period when a child develops from one and a half to three years.
If a woman manages to become pregnant while on maternity leave, she will need to collect and formalize the appropriate package of documents.
The procedure is not quite simple and requires care, but it allows you to go from maternity leave to maternity leave without negative consequences.
What is maternity leave
In the current Russian legislation, such a concept does not exist, but in practice, maternity leave is often called the period of time when a woman is released from work in connection with motherhood - from late pregnancy until the baby reaches the age of three. This period consists of three parts:
- maternity leave lasting 70 days before and 70 days after childbirth, and in some situations even more (the specific duration is established by Article 255 of the Labor Code of the Russian Federation), paid on the basis of a certificate of incapacity for work based on average earnings;
- the period for caring for a child up to 1.5 years, which begins from the end of maternity leave at the request of the employee and lasts until the baby reaches one and a half years of age. During this time, the woman is paid child care benefits in the amount established by law - usually 40% of average earnings;
- the remainder of the parental leave for a child up to 3 years old, which lasts from the end of the previous period until the child reaches the age of three, but the amount of the benefit paid is only 50 rubles per month.
Re-vacation process
In a situation where a woman becomes pregnant while on vacation, there are two options for a legal algorithm of action:
- When returning to her duties in her position, interrupting maternity leave, a woman cannot claim the payments due to her;
- In a situation where a second maternity leave is issued without returning to the workplace, a woman who is bearing a child again can choose one of two benefits that will be provided to her. It will not work to apply for two types of payments at the same time.
After the second postpartum leave ends, the employee will need to fill out an application for a second leave to raise the baby until the age of three.
It is possible to arrange a vacation period for a close relative who expresses a desire to raise a newborn.
In such a situation, payment calculations will be provided directly to the person caring for the baby.
When leaving the workplace
A woman engaged in labor activity, having interrupted her maternity leave, undertakes to follow a certain algorithm of actions that will help her achieve exemption from the duties of her position, due to raising a child up to the age of three.
The algorithm of actions is as follows:
- Filling out an application;
- Next, you will need to fill out the appropriate pregnancy certificate and submit it, along with the application, to the HR department;
- After the order for maternity leave is signed, benefits in full are calculated and issued within ten days;
- By the time the postpartum leave comes to an end, it is necessary to come to the personnel department of the enterprise where the woman works and write a leave application intended for raising a child up to three years old.
If pregnancy occurs in an unemployed woman registered with the Citizens Employment Center, she needs to collect a certain package of documentation, consisting of:
- A completed application addressed to the social security authorities, according to your place of registration;
- Sick leave issued by a female doctor;
- Photocopies of the work book confirming the absence of official employment;
- A certificate that assigns a certain status to an unemployed woman carrying a child who is registered with the Employment Center.
Documentation can only be accepted up to six months after the maternity leave indicated in the pregnancy certificate has been completed.
Repeated leave without going to work
In situations where a woman becomes pregnant while on leave to raise a child, she has the right to apply for a second maternity leave in order to give birth to a second child without returning to her official duties.
In this case, a woman can go on a second maternity leave without leaving the first one, but she must adhere to the following algorithm of actions:
- A new application form is written and submitted to the personnel department of the enterprise. It must indicate the termination of the current maternity leave and the provision of a new one, conditioned by the re-birth of the child;
- It is agreed in advance with the company management which type of benefit the pregnant woman will receive on maternity leave;
- The new amount of financial assistance is recalculated, which changes depending on the official length of service;
- To increase the amount of financial assistance, an employee can submit an application to calculate benefits for specific years of work (when she had the highest annual profit).
During the process of officially registering maternity leave for a close relative, a certificate from the mother’s place of employment is provided stating that she is not paid leave pay.
In such a situation, the relative raising the child is accrued financial assistance according to his level of income.
Application form
A sample application for leaving parental leave and going on maternity leave is here.
A woman can go on a second maternity leave without leaving the first
