What does the Labor Code of the Russian Federation of 2021 say about maternity leave? Review +Video

Do I have to officially get a job after giving birth in order to send my working mother on maternity leave?

By law, parental leave can be taken by any family member who is actually caring for the child, regardless of whether he lives with the child or not.

If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call by phone for any region.

In order for a family member to receive a monthly child care allowance, a non-working mother must provide a certificate from the social security authorities (at the mother’s place of residence).

The certificate must confirm that she did not receive monthly child care benefits.

What is maternity leave

The phrase “maternity leave” combines two types of leave established by current legislation, which follow each other:

• maternity leave - issued with a sick leave certificate for a specified period;
• Parental leave is given for a period of up to three years, during which the length of service is not interrupted.

According to Articles 255 and 256 of the Labor Code of the Russian Federation, all women - employed or officially registered as unemployed, including military personnel or students - can go on maternity leave.

How many weeks do they go on maternity leave?

Maternity leave is issued at the 30th week of pregnancy and lasts 140 days, but in some cases it can be increased.

To go on maternity leave earlier than the deadlines established by law , there are two options:

1. A woman takes out her planned leave before going on maternity leave and leaves 28 days earlier. Even those whose experience in a new job is less than 6 months can do this. The employer is obliged to consider the application and send it on leave out of turn.
2. A pregnant woman goes on sick leave for health reasons if this is confirmed by a certificate from the antenatal clinic.

It is worth considering that these days will “fall out” from the calculation period when determining the lump sum maternity benefit.

Deadline for a female employee to go on maternity leave

How many days before the expected birth of a child a woman has the right to go on maternity leave depends on the following conditions:

• multiple pregnancy or not;
• in which area does the expectant mother live?

The table shows how these circumstances affect the duration of the prenatal part of the leave under the BiR.

Certain circumstances also influence the duration of the postpartum period of maternity leave.

In all cases, calendar days are meant, not working days.
As already noted, the start of maternity leave is determined by the doctor. To do this, he first determines the first day of pregnancy, and then adds 210 days (30 weeks) to it. The total duration of bearing a child is 280 calendar days or 40 weeks. The expectant mother is given a birth certificate.

After the 30th week, the woman receives a sick leave certificate, upon presentation of which she has the right to go on maternity leave. Simple mathematical calculations (210/30) show that the employee has the right to take leave under the Labor and Employment Regulations from the end of the 7th month of pregnancy.

Sick leave is issued immediately for the entire period of maternity leave, taking into account the presence or absence of special circumstances. That is, in a standard situation, its duration will be 140 days. The certificate of incapacity for work will have to be extended only in unforeseen cases that affected the postpartum period of leave under the BiR. For example, a woman unexpectedly gave birth to two children, or the birth was complicated.

Doctors can only roughly determine the baby's birthday. In reality, childbirth can occur either earlier or later than expected. But this will not reduce or increase the total duration of maternity leave. Only its prenatal and postnatal parts are corrected. In particular, if the child was born not 70, but 50 days after the start of the vacation, then after this event the woman has the right to rest for another 90 days.

Vacation registration

To go on maternity leave, the employee writes an application addressed to the employer and attaches a sick leave certificate. The HR department accepts documents and issues an order for maternity leave indicating the date of leave.

Certificate of incapacity for work

A certificate of incapacity for work is usually issued by a gynecologist at 30 weeks or 28 for a multiple pregnancy.

In the cases below, the document is issued in the hospital where the woman gave birth:

• if multiple pregnancy was detected only during childbirth, then an additional sick leave certificate is issued for 54 days;
• in case of postpartum complications, sick leave is extended by 16 days;
• for early childbirth between 22 and 30 weeks, sick leave is issued for 156 days.

Certificate of incapacity for work during pregnancy
A sick leave certificate is an official form; its correct completion determines whether the document will be accepted by the Social Insurance Fund for the payment of benefits.

• The sick leave form is filled out in large block letters on a computer or manually using any pen with black ink, except ballpoint.
• If the entry does not fit on the line, it must be interrupted at the last cell; corrections and blots are not allowed.

If the Social Insurance Fund does not accept the sick leave, it is returned to the applicant. She must contact the doctor again so that she can be given the completed form again.

According to the law of May 1, 2017 No. 86-FZ, from 2021, medical institutions of the Russian Federation are required to issue sick leave certificates in electronic form . The law works, and sick leave is sent directly to the employer without the participation of the pregnant woman.

Statement

In your application for maternity leave, you must indicate that you want to receive the benefit of the same name. If a woman registers with an antenatal clinic in the early stages of pregnancy, then she has the right to an additional one-time benefit in accordance with Article No. 9 of Federal Law No. 81-FZ of May 19, 1995.

Sample application

There is no standard form for the application, but it must contain the following items:

1. The header of the document indicating the applicant’s full name, full name and position of the manager.
2. A request for maternity leave indicating the dates on the sick leave.
3. Request for benefits.
4. Bank account or bank card details.
5. A copy of your passport.
6. Certificate 2-NDFL from the previous place of work, if the change of organization occurred within 2 years preceding the maternity leave.
7. A certificate (if available) from the antenatal clinic regarding registration before the 12th week of pregnancy.
8. List of attached documents.
9. Date, signature and transcript of the signature.

In return, the HR department employee issues a receipt confirming the acceptance of the documents.

Order

After receiving documents for maternity leave, the HR department prepares an order.

Sample order for maternity leave

There is also no standard format for this document, but it must contain:

1. Name of the organization.
2. Date and document number.
3. Full name of the applicant, her personnel number, name of position and structural unit.
4. Type of vacation.
5. Reason for vacation.
6. Vacation start and end dates.
7. Full name of the manager and his signature.
8. The applicant is obliged to check the information in the order, put a date and signature, after which the order is filed in the employee’s personal file.

A woman has the right to return to work in the exact position from which she went on vacation immediately after the expiration of her vacation.

To do this, you do not need additional documents; it is enough to notify management before going to work.

Payments

Maternity leave is paid immediately for the entire period specified in the order. The one-time benefit is transferred to a current account or bank card using the details provided in the leave application.

Article 11 of Federal Law No. 255 establishes that each month of maternity leave must be paid 100% of the employee’s average monthly salary for the last 2 years of work in the organization.

How to calculate maternity benefits?

Vacation benefits are calculated by the organization’s accountants or Social Insurance Fund employees if the region has become a platform for the “Direct Payments” project.

We calculate using the formula:

SZ = OZ/(731 - ID);

DV = NW × DD;

Where

SZ - average daily salary;

OZ - total earnings for the last 2 years;

731 — the number of calendar days for the billing period 2018-2019;

ID - excluded days: vacation, sick leave, business trips.

DV - maternity payments;

DD - days of maternity leave in accordance with the sick leave.

If the employee’s earnings are too low or the insurance period is less than 6 months, then a one-time benefit is calculated based on the minimum wage, which from January 1, 2021 is 11,280 rubles.

The minimum benefit amount is 51,918.90 rubles , and the maximum is 301,095.89 rubles .

The entire amount must be paid in a single payment within 10 days from the date of submission of all documents.

If a woman changed her place of work within two years before maternity leave, then the amount of the one-time benefit is calculated taking into account the provided 2-NDFL certificate from the previous place of work.

If a woman is officially employed not in one, but in several places, then she has the right to receive benefits in each of them.

Special cases of calculating a lump sum benefit:

1. Female students receive maternity benefits calculated on the basis of the scholarship.
2. Women dismissed due to the liquidation of an organization receive a fixed benefit in the amount of 628.47 rubles for each month of leave.
3. Unemployed women do not receive maternity benefits.

Early registration benefit

The benefit for early registration is paid at the request of a woman if she registers with an antenatal clinic before 12 weeks of pregnancy.

In 2021, the amount of this payment is 628.47 rubles.

Birth benefit

The child birth benefit is paid once at the place of work of one of the parents. If two or more children were born, the benefit is paid for each. If the child is stillborn, no benefits are due.

In 2021 (as well as in 2018), its size is 16,759.09 rubles.

Child care allowance up to one and a half years old

Child care benefits up to 1.5 years are paid monthly in the amount of 40% of average monthly earnings.

If the average monthly earnings turned out to be less than the minimum wage, then the amount of the benefit is calculated as 40% of the minimum wage and is 4,512 rubles from January 1, 2019 .

Unemployed mothers apply for benefits at the department of social protection authorities at their place of residence. The payment amount is fixed and is:

• 3,142.33 rubles for the first child;
• 6,284.65 rubles for the second.

Rules for calculating benefits

To correctly calculate maternity payments, let’s turn to the procedure established by law. To begin with, we note that the period for which a one-time maternity benefit should be calculated is 140 days, for a multiple pregnancy - 194 days, and for a difficult birth - 156 days. All this is reflected in Art.

The period for which the lump sum maternity benefit should be calculated is 140 days.

Maternity benefits are paid to a woman in the amount of 100% of her salary. The length of her official work may have some influence. If it is less than six months, then the rate of the minimum wage - minimum wage (in 2021 is 9,489 rubles) is taken as an indicator of average monthly earnings; coefficients are also taken into account.

The formula for the general definition of maternity pay includes 3 values:

1. The employee’s income for the previous 2 years (if, for example, the calculation is made in 2021, then 2021 and 2021 are taken).
2. The number of days in this period (730 or 731 days if the year was a leap year).
3. The number of maternity days required for calculation (140, 156, 184).

To calculate the amount of the benefit, you need to divide the actual income for 2 years by the number of days in the same period, and multiply the resulting value by the number of days due to pregnancy and childbirth.

There are certain restrictions and rules for calculating benefits. According to clause 3.2 of Art. 14 of Federal Law No. 255-FZ, the annual average earnings of an employee going on maternity leave cannot be higher than the maximum base amount for calculating insurance premiums. In 2018, this amount is set at 815,000 rubles, but you need to calculate the amount of maternity benefits based on the previous 2 years, so you need to know their limit.

We invite you to read: Is it possible to challenge an inheritance according to the law in Russia?

In 2021, the maximum base for calculating insurance premiums was 755,000 rubles, and in 2021 – 718,000 rubles. When calculating maternity benefits in 2021, you must take these amounts into account.

Maximum benefit amount: (755,000 718,000) / 730 × 140 = 282,493 rubles 15 kopecks. The minimum benefit amount in 2018 is: (7500 × 12 × 2) / 730 × 140 = 43,675 rubles 40 kopecks.

The maternity leave calculator can be programmed at the enterprise independently (for example, in Microsoft Excel) or the payments can be determined manually.

Income for the previous 2 years does not include payments for sick leave, prior maternity leave, as well as payments made for any other periods during which statutory insurance premiums were not charged on income received. If it so happens that the employee was on maternity leave during the previous 2 years required for calculation, then she can completely replace one or both calculation years with previous years. This way she can increase the benefit amount. That is, in this case, she has the right to choose the years for which her maternity leave is calculated.

As mentioned above, the employee’s length of service may affect the amount of maternity benefits. What should an employer do if his employee has 1 year of experience? The rule is the same for all officially employed women, so the calculation period will also be the previous 2 calendar years. In this case, the actual time worked, which falls on the previous calendar year, is taken in the amount of 100% of the average earnings (say, the last 5 months of that year), for the remaining months (in our example there are 19), earnings are set at the minimum wage.

The employee's length of service may affect the amount of maternity benefits. The rule is the same for all officially employed women.

At the same time, the maternity calendar is different for each employee, but the calculation of the benefit itself is carried out according to the same formula.

When calculating benefits, some nuances are taken into account:

1. Average earnings for the year should not exceed the maximum established by law. For example, in 2021 - 865,000 rubles. If a woman earned 1,000,000 rubles in a year, then only the legal maximum will be included in the calculation, and not the entire amount.
2. The average daily maximum is also limited.
3. In this regard, there is a maximum benefit threshold. In 2021 - 322,190 rubles;
4. From the total number of calendar days in the period, it is necessary to exclude periods of temporary disability, maternity leave, parental leave, and the period of release of the employee from work with preservation of wages.

If a woman has already been on maternity leave for two years, then these periods are excluded from the calculations. In order not to infringe on rights, the legislation gave the right to replace these periods (one year or both) with previous ones.

For example, a woman before her first maternity leave received a salary of 40,000 rubles per month, as in the example above. Her allowance is 184,109. Afterwards, she went to work with a small salary of 8,000 rubles and became pregnant again. It is not profitable for her to take payments at her current place of work, so she can bring certificates from her old job and write an application to include these periods in the calculation of benefits. So, with a salary of 8,000, you can receive a one-time payment of 184,109 rubles.

Maternity leave calculator

The FSS website has a calculator for approximate calculation of the amount of a one-time benefit.

In order for the calculator to give an accurate result, you must fill in the following fields:

1. Set the indicator “Pregnancy and childbirth” in the “Type of disability” column.
2. Fill in the vacation period in accordance with the data from the sick leave.
3. In the “Calculation Conditions” tab, add the amount of earnings for 2021 and 2018 separately. The data of all employers is also entered here if a woman officially works in several jobs.
4. Enter the number of calendar days to exclude.

Dismissal of an employee who is on labor and employment leave

Many employers hire a new employee to take the place of a mother on maternity leave, and if a woman leaves maternity leave earlier than the specified period, she may be fired due to lack of vacancy. If a woman worked in the position of another person and replaced him for some time, then at the time of going on maternity leave, she may be fired without the opportunity to receive payments.

Every pregnant woman, going on maternity leave, receives social support from the state and certain social guarantees. By law, an employer does not have the right to fire a pregnant woman, but in the event of self-liquidation of the company, dismissal will be inevitable.

Grandmother on maternity leave

Sometimes parental leave needs to be taken out for a grandparent. According to Articles 256 and 257 of the Labor Code of the Russian Federation, parental leave for a child up to 3 years old can be taken by any family member who will care for the child. Vacation can be taken in full or only part.

To do this, you must provide the following documents:

• statement;
• child's birth certificate;
• a certificate from the parents’ place of work confirming non-use of leave and non-receipt of child care benefits.

Work and maternity leave

The law allows a woman to remain with her child until he turns 3 years old without losing his job. The mother receives a childcare benefit for children up to one and a half years old in the amount of 40% of the average monthly salary, as well as a compensation payment of 50 rubles monthly. The benefit during the second half of the vacation does not in any way affect the financial situation of the family, so a woman often looks for options to combine child care and part-time work.

The state does not prohibit a mother from leaving maternity leave before its end.

If necessary, a woman can go to work immediately after maternity leave. To do this, you do not need to write an application, just go to work, as after a regular sick leave.

Also, a woman can return to work at any time, without waiting for the end of maternity leave. Typically, an employer reassigns or hires a temporary employee for the duration of his employee’s maternity leave, so early termination of maternity leave entails his dismissal or reassignment and takes time.

If a woman goes to work part-time, she retains the right to child care benefits for up to 1.5 years and receives a salary. Part-time work means that a woman will work less than 8 hours a day or less than 40 hours a week.

For teachers and representatives of other professions who work part-time, a reduced schedule is drawn up taking into account the workload. If an employee wants to go to work part-time, the employer is obliged to provide this opportunity.

While on maternity leave, you can get a full-time job in another organization. In order not to lose benefits, a woman should sign a work contract, but not enter the organization in her work book.

How many days does maternity leave last by law?

The total duration of leave can vary from 140-214 days, the total number of days depends on the characteristics of pregnancy and childbirth. The labor and employment leave itself can be postponed at the request of the woman - she writes a statement to the employer indicating the reason for the postponement and the period.

The number of days on maternity leave may vary depending on the place of residence of the woman in labor, her position, the characteristics of the pregnancy and the number of children. The law does not prohibit women from going to work during maternity leave if the need arises. Usually its period is 70 days before the birth of the child and 70 after. The period of maternity leave is counted from the moment the woman is discharged from sick leave.

Maternity leave table

Expectant mothers living or working in areas exposed to radioactive contamination after the Chernobyl nuclear power plant disaster, in an area with the right to resettlement, have a total of 90 prenatal days according to Law No. 1244-1 of May 15, 1991

For pregnancy and childbirth

The minimum duration of maternity leave is 140 days , however, the duration of maternity leave may vary, depending on the woman’s place of residence. In places where the area is especially polluted, such a vacation involves healing outside the home - in a cleaner place. Here the vacation period should be extended by 20 days .

For child care

Parental leave is usually 70 days , but if the birth is complicated by circumstances, postpartum recovery will take longer and the leave period is increased by another 16 days. For multiple pregnancies, postpartum leave is 110-124 days . Multiple births, complications of childbirth, contaminated areas - all these are factors that influence the duration of maternity leave.

child care statements for 2021

What do you need to remember?

• Maternity leave consists of two types of leave: for pregnancy and childbirth and for caring for a child under 3 years of age.
• To apply for maternity leave, you need to write an application to the HR department and provide a sick leave certificate from the antenatal clinic.
• A woman has the right to a one-time maternity benefit, a monthly childcare benefit for up to 1.5 years, and a number of others.
• Any family member involved in actual care, not just the mother, can go on parental leave. To do this, you need to provide certificates from your parents’ places of work stating that they did not use their parental leave.
• You can work while on maternity leave, even while maintaining child care benefits.

Emergency hotline for the population : we provide free consultations to pensioners, parents and beneficiaries of any category from legal experts over the phone.

FAQ

How to apply for maternity benefits? The algorithm for obtaining it is as follows:

• Obtaining a sick leave certificate at the 30th week of pregnancy in the hospital at the place of residence or at the place of registration.
• Writing an application at an enterprise.
• Checking the order from the employer on the accrual of maternity pay and on taking leave.
• Finding out the amount of future benefits in the accounting department.
• Receiving payments.

Lump sum benefit in the early stages - myth or reality?

In the early stages of pregnancy, a woman has the right to take advantage of this opportunity and receive additional financial support from the state in the early stages based on a doctor’s opinion. A woman in labor receives such a payment once for the entire period of leave under the BiR.

If the vacation began after dismissal, is it possible to receive maternity leave?

In the first month after dismissal, a woman can still ask for maternity benefits if she was fired if she moved to her husband (if he works in another city), if her health does not allow her to continue her activities, if she quit due to the need to care for relatives ( if you have the appropriate document).