What is maternity leave and who is entitled to it?
Parents of newborn children are one of the socially vulnerable categories of families.
After all, during childbirth and the postpartum period, a woman cannot go to work, because she must care for the child. Therefore, various types of benefits are provided for it. These include maternity payments and care benefits for up to 1.5 years. Maternity payments are a special form of assistance. Unlike other benefits, they are awarded exclusively to the mother (for example, care for a child under 1.5 years old can be provided by the father or even another relative with the payment of benefits).
True, not all women are assigned maternity leave. The list of recipients is indicated in Art. 6 of Federal Law No. 81-FZ of May 19, 1995. The list includes the following categories of mothers:
- officially employed;
- those in the civil service or serving under a contract;
- full-time students;
- dismissed due to liquidation of the organization no more than 1 year ago.
Men and simply unemployed women are not entitled to this payment. Payments are made through the employer, the Social Insurance Fund or social security (depending on the status of the woman in labor).
Link to document: “On state benefits for citizens with children”
Application for maternity leave with twins
Nuance! An ultrasound examination of the body does not always show two fetuses. It happens that this fact is discovered after childbirth. The newsletter for the mother in such a situation will be issued as in a standard pregnancy. Therefore, you should get a clarifying certificate from the hospital in order to increase maternity leave.
The application is drawn up in a standard form, it indicates the following points:
- Full name of the company director;
- name of the enterprise;
- Full name and position of the employee;
- duration of rest time;
- request for benefits;
- details of the bulletin issued by the medical institution.
At the end, a date and signature are placed.
To receive benefits, you must obtain a certificate from a health care institution and issue a certificate from your place of work confirming that the benefit was not assigned.
Nuance! An ultrasound examination of the body does not always show two fetuses. It happens that this fact is discovered after childbirth. The newsletter for the mother in such a situation will be issued as in a standard pregnancy. Therefore, you should get a clarifying certificate from the hospital in order to increase maternity leave.
The application is drawn up in a standard form, it indicates the following points:
- Full name of the company director;
- name of the enterprise;
- Full name and position of the employee;
- duration of rest time;
- request for benefits;
- details of the bulletin issued by the medical institution.
It rarely happens that pregnancy and childbirth go without problems. Therefore, women have questions about what the legislation indicates in this regard.
A one-time transfer on the occasion of childbirth and a care allowance for up to one and a half years are provided.
Advantages of maternity leave for twins
Not every modern woman is ready to bear and give birth to one child. Mothers with multiple pregnancies are even less common. They, in comparison with those who are expecting their first child, have the following preferences for maternity leave:
- increase in duration;
- increase in maternity benefits.
Some suggest that for 2 children the required maternity payment is paid in double amount. This statement is incorrect , because the amount is determined based on the average salary and duration of vacation. It turns out that the amount of maternity leave increases precisely because of the longer vacation period.
However, some benefits are still paid for each child. For example, this applies to child care benefits up to 1.5 years old.
In the event of the birth of 2 children at once, the mother automatically gets the opportunity to register maternity capital (in 2021 - 639,432 rubles).
Duration of maternity leave for twins
The duration of maternity leave (Maternity leave) is defined in Art. 255 Labor Code of the Russian Federation. How many days a woman will rest depends on the number of children expected and the presence of complications during childbirth.
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During a normal pregnancy, a woman rests for 140 days. If complications occur during childbirth, another 16 days are added (i.e., a total of 156 days). What about mothers who are expecting two children at once? For them, regardless of the presence/absence of complications, maternity leave is established for a period of 194 days.
Timing of maternity leave for the birth of twins
The concept of “maternity leave” is not actually used in law. The definition hides a combination of two periods of rest from work:
- Sick leave for pregnancy and childbirth (hereinafter referred to as Maternity leave). It is understood that a woman is freed from work for a certain time before the birth of the baby in order to preserve her health and prepare for the event. This also includes the recovery period after childbirth.
- Care leave. It is provided so that the woman can care for the baby without being distracted by work duties.
If we combine the two indicated periods of rest, we get the period implied by maternity leave. To determine the duration of maternity leave, you should consider each of these periods separately.
How long pregnancy sick leave lasts depends on several factors:
- The number of children a woman is expecting. Multiple pregnancies mean that the length of time a woman may not be legally able to work increases.
- Presence of complications during pregnancy. Health problems in the mother and baby can also become a reason for increasing the time of incapacity. This also includes cases of caesarean section.
If we rely on the provisions of Article 255 of the Labor Code of the Russian Federation, we can calculate that the provided rest time during pregnancy with twins or triplets is 194 days. In this case, the woman in labor receives:
- 84 days for prenatal rest;
- 110 days of childcare after childbirth.
From here you can calculate how long it takes to go on maternity leave with twins. Unlike a woman carrying one child, a woman pregnant with two or three babies will leave the workplace 14 days earlier - at 28 weeks. The exact date when the expectant mother will go on maternity leave will be determined by the doctor. He will also provide the appropriate certificate for registration of sick leave.
Cases where a pregnant woman does not know about twins and goes on maternity leave at 30 weeks are also regulated by law. The same Article 255 of the Labor Code of the Russian Federation means that unused days before childbirth are transferred to the postpartum period. That is, after the birth of a child, a woman will find herself at home for more than 110 days.
Registration rules for officially working women
Sick leave taken before the birth of children and care leave must be issued separately. To get the first one at 28 weeks, you will need to submit the following documents for maternity leave for multiple pregnancy:
- certificate from the hospital. The document that the doctor writes out must indicate that the woman’s pregnancy is classified as multiple;
- sick leave;
- application for leave.
The papers are taken to the accounting department, where the sick leave is issued.
Registration rules for the unemployed
If a woman is not registered at her workplace, there is no point in issuing sick leave. She has no way to provide a certificate of incapacity for work to receive money. However, there are exceptions. You should apply for sick leave if:
- The pregnant woman has official unemployed status. You can get it from the Employment Center. You need to contact the department in the year following your dismissal.
- The expectant mother is studying full-time.
- The reason for leaving a previous job is staff reduction or the closure of the company itself.
- The expectant mother was an individual entrepreneur, a notary or a lawyer and ceased her activity.
- The woman is a soldier.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
The procedure for registering sick leave is the same as in the case of officially employed people. The document should be taken to the university, central protection center or social insurance fund, depending on the situation. On its basis, further issuance of the B&R benefit is carried out.
Design features for multiple pregnancies
Since a woman expecting twins goes on vacation earlier, it is worth taking care in advance to prepare documentation confirming a multiple pregnancy. It is possible to reduce the time required to obtain a medical certificate. But only if the employing company is registered in the Social Insurance Fund register.
In such a case, you can order an electronic one instead of a regular paper sick leave certificate. An application is submitted through the official website of the service. The completed document is immediately sent to the employer, and the accountant immediately begins to process the vacation.
A woman observing in a private clinic has the right to use a certificate of multiple pregnancy issued by such a health care institution to apply for leave. However, before registering, you should make sure that the clinic has passed the licensing procedure and can engage in medical activities.
If a woman works under an employment contract with a limited period, and the contract ends during maternity leave, it is automatically extended. The basis is the provision of Article 81 of the Labor Code of the Russian Federation, which indicates the impossibility of dismissing an employee who has issued a certificate of incapacity for work.
This is important to know: Is financial assistance included in the calculation of vacation pay?
When do you go on maternity leave with twins?
In Art. 255 of the Labor Code of the Russian Federation establishes not only the total duration of maternity leave, but also how long before giving birth a woman can arrange for it. From here it is easy to calculate from what week you can stop working (similar recommendations are also given in the antenatal clinic). If twins are expected, then the expectant mother can write a statement and stop working as early as the 28th week of pregnancy (with one child - from the 30th week). Then she can rest:
- 84 days before birth;
- 110 days after the birth of babies.
Unfortunately, the birth of twins is more difficult than the birth of the first child. Sometimes only one of two children survives. How to be in this case?
The duration of leave due to the birth of a stillchild cannot be reduced if it was taken out before the birth of the baby.
There are also situations when neither the woman nor the ultrasound determines the pregnancy as multiple. As a result, the expectant mother takes out maternity leave at the 30th week for a period of 140 days. During childbirth, 2 babies are born at once. What should a woman in labor do in this case? By law, she is entitled to 194 days of leave. Since before the moment of birth she rested only 70 days, she can use the remaining 124 days after. True, you will have to write a new application addressed to the director (or social security). Then you must make an additional payment for additional vacation days.
Example . Emelyanova was expecting 1 child. She went on maternity leave at 30 weeks and received benefits for 140 days. As a result, she gave birth to 2 children prematurely (68 days after going on maternity leave). How long can she remain on maternity leave? Since two children were born, they are entitled to 194 days of maternity leave. 68 of them have already been taken off, which means there are still 126 days left. Additionally, Emelyanova must be paid for 54 additional days of maternity leave.
Design nuances
The Labor Code of the Russian Federation allows the expectant mother to go on basic leave before maternity leave. In this case, you can not take into account the vacation schedule, length of service, priority and other factors. This implies that it is impossible to refuse leave. This is done through an application.
In general, not every pregnant woman experiences any difficulties, inconveniences or discomfort when carrying babies. Some feel well throughout the entire period. And that’s why they are in no hurry to go on maternity leave. Moreover, a full day of work is paid differently than a day of incapacity for work. In addition, you can also count on a bonus.
This is important to know: How many days of vacation is a serviceman entitled to?
Often women, when receiving a certificate of incapacity for work at the antenatal clinic, are not provided with it at their place of work. What should an employer do in this situation? He needs to make the calculation not from the date indicated on the sick leave, but from the date of writing the application for maternity leave.
What to Consider When Adopting Two or More Newborns
Employees of the organization who have adopted two or more children are granted leave for 110 calendar days. Paid holiday. To do this you need to provide the following documents:
- An application with the deadlines indicated therein.
- The court's decision.
- Birth certificates of children.
Employees can also take parental leave for children up to three years of age.
Vacation for part-time workers
Maternity leave for both singleton and multiple pregnancies is issued simultaneously in all organizations where the expectant mother works.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
Each enterprise pays one-time benefits. But the procedure for applying for vacation is the same. By the way, care leave for up to 1.5 years is paid only from the main place of work. But it can also be completed at the place of part-time work.
When it’s not the mother who goes on maternity leave with the kids
Of course, pregnancy and childbirth are only a woman's privilege. But, for example, parental leave for children under 3 years of age can be taken out by both the father and another relative.
The father of twins or triplets must collect the same package of documents for his organization as the mother. They have no right to refuse him.
Separately, I need to say about my grandmother. She can go on maternity leave only if she is officially employed. While you are retired, you cannot take maternity leave.
Fringe benefits
According to the presidential decree of May 7, 2012, families in need of social support are paid an allowance for the third child equal to the subsistence level. This value is different for each subject. But currently there is a trend towards the abolition of such payments due to the budget deficit. But not all regions abandoned this measure of social support. Therefore, parents of twins who have an older child, triplets, are entitled to receive benefits. Only for this you need to collect a package of documents confirming that the family belongs to the low-income category.
And also in this case (the birth of twins, when there is an older child, the birth of triplets, etc.), the parents (mother) can receive regional maternity capital, if it is provided for in the subject of the Russian Federation in which the children were born.
Payment amount
While expecting twins, a woman may decide that maternity benefits should be paid to her in double the amount, because she is giving birth to 2 children at once, which means that the cost of maintaining them increases. But this judgment is incorrect, because the size of the payment is formed based on two indicators:
- duration of maternity leave;
- salary for the last 2 years (the average value is taken).
If a woman was not employed at the time of pregnancy, then the calculation is made not on the basis of salary, but on other accruals (scholarships, allowances, in the event of liquidation of the enterprise, a fixed daily payment is established).
You also need to take into account the minimum and maximum payout values. In 2021, in terms of 1 day, they are:
- no more than RUB 2,430.92;
- not less than 419.98 rub.
It turns out that for multiple pregnancies in 2021, the payment will be in the range of 81,476.12 - 471,598.48 rubles. for the entire period of maternity leave.
Example . Michurina worked at the age of 4. Here she went on maternity leave, expecting twins. Her average salary for the last 2 years is 1,117 rubles. in a day. What will be the amount of maternity pay? Since Michurina is expecting 2 children at once, her leave is issued for 194 days. It turns out that the payment will be 216,698 rubles. for the entire period of maternity leave.
When should they pay?
A woman, upon learning of her pregnancy, must notify her employer. For example, it may be necessary to transfer her to easier working conditions or reduce working hours. Immediately at the 28th week (or earlier, if there is evidence for it, but then sick leave is taken first), the woman should be allowed to go on maternity leave. The expectant mother should act like this:
- write an application for maternity leave;
- submit it along with the papers to the employer (sick leave);
- wait for the order to be issued and the money to be transferred (10 days are given to review the documents, the money is transferred on the next payday).
If the employee has not worked for this organization for the entire 2 years, she will need certificates from previous places of work. By the way, payments can be made directly to the Social Insurance Fund, but the list of papers will be longer (you need a passport, a special certificate). Therefore, female workers prefer to contact their employer. The payments will be the same, but the paperwork will be much less. Moreover, you will still need to notify your employer about going on maternity leave.
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