Almost every officially employed woman sooner or later goes on maternity leave during pregnancy. In this regard, young mothers, as a rule, have a number of questions that are related to the appointment and receipt of the required payments, as well as regarding the length of leave entitled to a woman to care for a child. In addition, there are such important problems as early exit from it and the possibility of maintaining benefits at the same time. How long is maternity leave and is it possible to reduce or increase it in any way?

What is it

The Labor Code of the Russian Federation does not contain such a concept, but at the same time it spells out such concepts as maternity leave or child care leave. These are exactly what maternity leave consists of, which every woman can take. Actually, maternity leave lasts for about 4 months, and a young mother can go on it 2 months before the expected date of birth. The basis for it is a sick leave certificate, which is issued by the medical institution where the woman is registered, and the employer must pay for it. In addition, only the expectant mother can apply for maternity leave.

As for parental leave, it can be taken out by both the mother and father or other relatives who actually care for the baby. In order to receive it, you need to write an application addressed to the manager at your place of work. Let's talk about each case in more detail.

Maternity leave in 2019

Actually, this is where maternity leave begins. Most often, women go into it after reaching 30 weeks of pregnancy. However, there are exceptions everywhere, in particular, women who are expecting twins, triplets, etc., as well as young mothers living in regions contaminated with radioactive emissions since the disasters at the Chernobyl nuclear power plant and the Mayak plant, can leave earlier. Thus, according to Article 255 of the Labor Code of the Russian Federation, each case counts on the following vacation periods:

1. In an ordinary pregnancy, which proceeds without serious pathologies, the mother can go on maternity leave for 140 days (70 days before birth, 70 after).
2. If several children are expected to be born at once, the legal leave will be 194 days (84 days before birth, 110 after).
3. If any complications arise during childbirth, the leave will be extended to 156 days.

As for exceptional cases, the law now provides for two such cases. In particular:

• if the birth took place before the maternity period (30 weeks), the law requires a rest period of 156 days from the moment the baby is born;
• If a young mother lives in radiation-contaminated areas, she will go on maternity leave for 160 days.

Parental leave

As soon as the sick leave ends, the next type of leave begins: child care. It can be taken not only by the mother, but also by the father or any other relative who is directly involved with the baby. To do this, you need to write a corresponding application addressed to the employer.

Actually, you can stay on such maternity leave for up to 36 months. However, it should be remembered that paid leave accounts for only 18 of them. It is possible to receive funds before the child reaches 3 years of age, but such a right is given to families very rarely. This privilege is given to families by the administration of some regions of the Russian Federation, and low-income families who are giving birth to their third and subsequent children also resort to this opportunity.

Some people are confident that they can receive maternity leave to care for a child even up to 6 years old. In their opinion, parents of frequently ill children are given this right. Moreover, some people believe that such leave is provided even before the minor reaches 14 years of age if he is disabled. However, all these opinions are wrong. According to labor laws, parents of a disabled person can obtain four additional days off per month (while maintaining their salary), and there is also the opportunity to receive up to two weeks of additional leave. However, no additional terms are added to the maternity leave in such cases.

Extension or reduction of vacation

Anything happens in our lives, and for this reason we may need to extend maternity leave or reduce it. In fact, no one obliges a woman to go on maternity leave, but it should be remembered that in this case maternity benefits will not be awarded. You can go on maternity leave later, since sick leave is issued in accordance with the legal period of pregnancy (30 weeks).

In addition, you can reduce your vacation while maintaining benefits by going to work part-time. If you intend to completely interrupt your maternity leave, you must contact your employer with a statement. In fact, you have the right to both end maternity leave and go back on maternity leave. According to the law, you can do this as many times as you need.

What is maternity leave

The Labor Code does not know such a thing as maternity leave. This is a common expression. The legislation operates under two concepts: maternity leave and parental leave. Maternity leave is made up of these periods of legal absence from work.

How long does maternity leave last? Maternity leave, in accordance with labor legislation, represents a certain time period (2 months) before childbirth and approximately the same amount after the birth of a child. This leave is documented with a sick leave certificate, which, like any sick leave, is paid at the place of work. Only the woman herself who is preparing to give birth to a child can take leave related to pregnancy and childbirth.

Parental leave is a period of absence from work due to the need to care for a child of primary preschool age. People go on parental leave based on their own application addressed to the head of the organization. Not only the child’s mother, but also the father, and, if necessary, other relatives who actually care for the child can go on such leave.

How many days does maternity leave last?

Women most often go on sick leave during pregnancy at 30 weeks. Sometimes such leave occurs at 28 weeks if the birth of several children is predicted, and at 27 weeks if the pregnant woman lives in an environmentally unfavorable area. The law classifies as such areas areas that were exposed to radiation after the disaster at the Chernobyl nuclear power plant and at the Mayak production association. In Art. 255 of the Labor Code provides for the following duration of leave in connection with pregnancy and childbirth:

• 140 days (70 days before the expected date of birth and 70 days after) for uncomplicated pregnancy;
• 194 days (84 days before the birth of the child and 110 after), if several children are expected to be born;
• 156 days if the birth was complicated.

However, an analysis of the legislation in force in 2017-2018 allows us to determine several more time periods for the duration of leave related to pregnancy and the birth of a baby.

1. If the birth of a child occurred before 30 (28 or 27) weeks, when they go on maternity leave, then the leave begins from the day the baby is born and lasts 156 days.
2. If the expectant mother lives in an area contaminated by radiation, then her maternity leave will be 160 days.

Leave related to pregnancy and childbirth is given immediately for the entire period and is not divided into parts.

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Duration of parental leave

A mother who has been on maternity leave can take maternity leave immediately after her sick leave ends, because she cannot be on sick leave and on leave at the same time. It is important to know that leave is not granted automatically and to use it you need to write a corresponding application at work.

Also, upon application, leave related to caring for the baby can be taken by any other family member if the mother cannot care for the child.

The legislation provides for the duration of maternity leave until the child reaches 3 years of age. At the same time, at the federal level, only the first 1.5 years of vacation are paid. Payment for time spent caring for a child up to 3 years of age is provided in some regions of the country, but, as a rule, these are benefits for third and subsequent children in low-income families.

The popular opinion that you can remain on parental leave for up to 6 years if, for example, the child is often sick, or even until 14 years if the child is disabled, is wrong. To care for disabled children, the law provides for 4 additional paid days off per month (Article 262 of the Labor Code). Labor legislation also provides for the possibility of including in the collective agreement of an organization the right of certain categories of citizens with children to receive, upon personal application, up to 14 days of leave without pay (Article 263 of the Labor Code). But these preferences have nothing to do with maternity leave.

Options to extend or reduce maternity leave

Thus, from the above it is clear that the Labor Code provides maternity leave from 30 (28, 27) weeks of pregnancy. Its maximum duration is until the child is 3 years old. However, life situations, like people, are different. Some people want to go on maternity leave faster, others want to work longer. It cannot be said that going on maternity leave is a woman’s responsibility. You don’t have to go and thereby shorten your maternity leave. But you need to remember that in this case, a significant, as a rule, amount of maternity benefits will not be paid. If you go on maternity leave later, you won’t be able to win much either, since sick leave is issued from the date when you have the right to go on maternity leave (30, 28 or 27 weeks of pregnancy).

You can shorten your maternity leave by interrupting your maternity leave with your application and going back to work.

IMPORTANT! If you leave parental leave before its legal end to work part-time, then the right to child care benefits will remain and it will continue to be paid. You can interrupt maternity leave and go back to work, and then go back on maternity leave any number of times until the child turns 3 years old.

You can increase the time spent on maternity leave by adding regular annual leave to maternity leave. Art. 260 of the Labor Code contains an obligation for the employer to provide annual leave to the expectant mother before or after maternity leave or after parental leave.

According to Articles 255 and 256 of the Labor Code of the Russian Federation, maternity leave and related payments are due to women:

• female workers of enterprises(including emergency situations);
• students of educational institutions: higher and secondary specialized;
• military personnel;
• dismissed due to the termination of the enterprise's activities and registered with the regional employment center (CEC).

The Labor Code of the Russian Federation determines the duration of this leave as follows:

The beginning of maternity leave related to pregnancy and childbirth, strictly determined by sick leave. In case of a single pregnancy, a certificate of incapacity for work is issued at the 30th week, in case of a multiple pregnancy – at the 28th week. Note that unforeseen circumstances, such as premature birth or, conversely, delay of birth do not give the right to change the start date or duration of vacation. In such a situation, you need to open a second sick leave, and also write a statement about the need for additional leave.

Maternity leave involves material compensation in the form of a one-time insurance payment in the amount of the woman’s full average monthly earnings for the previous 2 years. The amount of such compensation should in no way be lower than the average monthly salary of a pregnant woman and, moreover, it cannot fall below the minimum wage, which in 2016 is 6,204 rubles. If a pregnant woman works simultaneously in several organizations, then every employer must provide a woman with leave and pay benefits subject to presentation of an application and sick leave certificate.

If the expectant mother is registered at the antenatal clinic no later than the 12th week of pregnancy, then she an additional one-time benefit is provided– 581.73 rub. (amount for 2016). To receive such a payment, you must present the employer with a certificate from a medical institution confirming this fact.

• certificate of incapacity for work;
• certificate from a medical institution, confirming that the pregnant woman was registered earlier than the 12th week of pregnancy - if any;
• personal statement from a pregnant woman to her employer;
• certificate of total salary for the previous year;
• identity documents;
• (account or card number).

Parental leave

As soon as maternity leave comes to an end, the new mother (or father) is entitled to parental leave, which includes 2 more types of compensation. Maternity payments in 2016 for such leave are as follows:

• child birth benefit– is paid as a lump sum and in 2016 amounts to 15,512.65 rubles;
• child care allowance– 40% of the average monthly salary during the two working years preceding maternity leave. From 02/01/2016 the minimum monthly payment is 2908.62 rubles. (RUR 5,817.24 for the second and subsequent children), the maximum possible monthly payment amount is RUR 21,554.85. Despite the fact that a woman who has given birth has the right to take maternity leave for a period of 3 years, monthly compensation will be paid to her only until the baby reaches the age of one and a half years.

List of required documents:

• passport or other documents capable of confirming the identity of the applicant;
• photocopy of birth certificate along with the original for verification;
• bank details for transferring payments;
• application from a person applying for leave and benefits.

These documents are presented directly to the employer or to the Social Insurance Fund, if the region participates in the Direct Payments program.

Maternity payments in 2016 - summary table

If we bring together all possible maternity payments in 2016, we get the following table:

Every pregnant woman who has a job has the right to take maternity leave.

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1. To obtain it, you must visit a public or private clinic and undergo an examination by a gynecologist at the antenatal clinic.
2. He fills out a certificate of incapacity for work. It is important that the doctor cannot make mistakes during registration - otherwise the document will not be accepted for consideration by the Social Insurance Fund employees.
3. The second part of the form is filled out by the employer. He is allowed to make no more than two mistakes, and corrections must be made in a certain order on the back of the sheet.

The certificate of incapacity for work is valid for six months. It is recommended that you submit it for consideration to the employer immediately to officially confirm your absence from work.

While an employee is on maternity leave, she cannot be fired, demoted, or transferred to a place of work with worse working conditions. Otherwise, he will be held accountable.

When drawing up an application for the appointment of maternity leave, it is important to indicate the full name and position of the manager to whom the document is sent for consideration, as well as your own full name and position.

Do not forget about the mandatory details, which include the date of submission for consideration and signature.

Required documents

The documents required to apply for maternity leave include:

• certificate of incapacity for work;
• certificate of salary for the previous two years of work;
• a statement drawn up in any form, following a certain structure.

Very often, pregnant women are afraid of going on maternity leave from a good, well-paid job. After all, sometimes you can lose your job or qualifications. Therefore, pregnant women are wondering: how soon will they be able to return to work from vacation?

The specifics of maternity leave are regulated by the Labor Code, according to Article 255. Maternity leave and parental leave are also called maternity leave. The expectant mother has a choice when she goes to work.

She can leave immediately after the sick leave expires (140 days), and she also has the opportunity to leave after the child reaches the age of 1.5 or 3 years.

According to the results of a survey of working mothers, only 17% of mothers do not intend to go to work before the full end of maternity leave. They are not going to do this for the following reasons:

1. Planning. Very often, mothers plan to immediately go on another one at the end of their first maternity leave.
2. Lack of opportunity to send the child to kindergarten.
3. Inability to leave the child with a nanny or other relatives.
4. A woman’s desire to personally raise a child and run the entire household. Also, the family financial situation may allow the mother not to go to work.

Another 34% of mothers begin working when their baby is 2-3 years old. As a rule, at this time the child is placed in kindergarten. As for those mothers who start working when the child is barely one and a half years old, their number is 16 percent. This is due to the fact that parental leave is paid only until the child is 1.5 years old.

If a woman wants to remain on maternity leave for up to three years, she will no longer receive benefits.

An employed woman, after returning from maternity leave, must receive either her previous position or another, but with the same salary. At the same time, the employer does not have the right to set a probationary period for the employee.

But in some cases, it happens that if the mother is absent from work due to unemployment, her salary may be reduced or even removed from the staff as unnecessary. Therefore, it is precisely situations like this that force young mothers to face the choice of raising a child and losing their job.

Maternity leave in 2016

Maternity leave begins with maternity leave. Basically, pregnant women take such leave at the thirtieth week of pregnancy. But there are still some exceptions in the form of expecting twins, triplets and expectant mothers living in radioactively contaminated regions.

The duration depends on the specific situation:

• A normal pregnancy without complications or pathologies allows a woman to be on vacation for 140 days.
• If there is a non-singleton pregnancy, the woman is granted leave of 194 days.
• If there were any complications during childbirth, then the total duration of leave is 156 days.

How to increase the duration of maternity leave?

Maternity and child care leave itself cannot yet be extended. But it is possible to extend the time a mother spends with her child through annual leave. Indeed, today, the country’s legislation does not prohibit the extension of paid annual leave.

The Labor Code provides for the exception of unilateral calculation of the duration of paid leave. Expectant mothers and other carers of young children have the right to take annual leave both before and after maternity leave. To do this, you should write a corresponding application addressed to the employer.

All about documents related to maternity leave on video:

Documents for maternity leave

To begin processing maternity leave, a pregnant employee must provide the following documents to her place of employment:

1. Sick leave. This document indicates the woman’s temporary disability. She can receive it at the medical institution where she is registered.
2. Application addressed to the employer for maternity leave.
3. on registering a pregnant woman for up to twelve weeks.

These are all the necessary documents.

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